Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 106 CONGRESS, FIRST SESSION

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, MONDAY, MAY 24, 1999 No. 75 House of Representatives The House met at 12:30 p.m. and was lence, and the other an important envi- nouncement a week after a Federal ap- called to order by the Speaker pro tem- ronmental announcement by one of our peals panel, in a radical departure from pore (Mr. PETRI). leading auto companies. established judicial precedent, invali- f Repeated throughout the discussion dated air quality regulations set by regarding guns in our communities EPA which were designed, in part, to DESIGNATION OF SPEAKER PRO have been people who have tried to decrease ground level ozone, a major TEMPORE paint very stark pictures that suggest contributor to smog. If that ruling is The SPEAKER pro tempore laid be- that really there is nothing that we upheld, efforts like Ford’s will take on fore the House the following commu- can do to take simple common sense much more significance. nication from the Speaker: steps. Hopefully, the action in the Sen- Ford is taking this initiative because WASHINGTON, DC, ate indicated that there are things that they recognize that consumers want May 24, 1999. we can do that bring people together cars and trucks that are environ- I hereby appoint the Honorable THOMAS E. that will make a difference. I am opti- mentally sound, and that by producing PETRI to act as Speaker pro tempore on this mistic that we may be able to yet have them, Ford will have a competitive ad- day. that discussion on the floor of this vantage. Jacques Nasser, Ford’s chief J. DENNIS HASTERT, House. executive and president, said that Ford Speaker of the House of Representatives. At the same time, we find people try- is doing this because it will benefit the f ing to paint these same sorts of false company financially and because ‘‘it is MORNING HOUR DEBATES choices as it relates to the environ- the right thing to do.’’ mental community. Some argue that As the use of pickup trucks and SUVs The SPEAKER pro tempore (Mr. we have to work against business or has increased, so has the amount of PETRI). Pursuant to the order of the manufacturing when the government smog-producing gas they produce. Man- House of January 19, 1999, the Chair seeks to improve the environment. ufacturers cleaning up their trucks will will now recognize Members from lists This simply does not have to be the allow for cleaner air and easier breath- submitted by the majority and minor- case. Last week we had an excellent ex- ing. Ford’s action on the national level ity leaders for morning hour debates. ample of what happens when companies will allow each individual driver to The Chair will alternate recognition recognize that they are partners in our contribute less pollution to their com- between the parties, with each party efforts to protect the environment and munity every day, and this new equip- limited to 30 minutes, and each Mem- improve air quality. ment will not adversely affect perform- ber, except the majority leader, the mi- For the last 25 years, trucks and the ance and will come to Ford customers nority leader, or the minority whip, SUVs have been allowed to produce 2.5 at no extra cost, since Ford has agreed limited to 5 minutes. times as much smog-causing gas as to absorb the $100 per truck cost. The Chair recognizes the gentleman cars, and next year, when stricter rules Clean air and a healthy environment from Oregon (Mr. BLUMENAUER) for 5 take place, these full-sized vehicles benefit each of us and all of our com- minutes. will be producing five times as much as munities. Ford has acknowledged that f cars under the new rules. Regulations their industry must be a partner in our for pickups and the sport utility vehi- efforts to protect and preserve our en- PARTNERSHIPS FOR A CLEAN EN- cles were originally more lenient be- vironment. They are to be commended VIRONMENT AND BETTER COM- cause they were used theoretically pri- for this action, and I challenge other MUNITIES marily by small business, yet today car and truck manufacturers to do the Mr. BLUMENAUER. Mr. Speaker, they comprise half of all family vehi- same. since I was elected to Congress, I have cles. This example of the private sector been focusing on the issue of livable Last Monday, Ford Motor Company stepping forward and acting on behalf communities and how we can create announced that starting with its model of the environment should be a wake- better partnerships between the Fed- 2000 year, its full-sized pickup trucks up call to this Congress as well. We eral Government and our citizens. Un- will meet current pollution standards need to do our part by considering re- fortunately, one of the obstacles we for cars. All but the largest will meet warding those companies rather than face is the efforts by some people to the stricter new car requirements as potentially even penalizing them. We create false choices. Last week, we saw well as the proposed truck require- must also work together to avoid the two examples here in Congress, one ments that go into effect between the debacle that occurred last week with dealing with efforts to reduce gun vio- year 2002 and 2007. Ford made their an- unrelated environmental riders that

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

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. H3464 CONGRESSIONAL RECORD — HOUSE May 24, 1999 were added to the supplemental appro- ing. That is why I applaud my col- We pray, gracious God, that Your priations bill. league, the gentleman from California spirit of comfort and serenity will be Ford’s action demonstrated that pre- (Mr. HERGER) for introducing H.R. 1259 with the neediest of people who turn to serving the environment is a priority which will, among other things, pro- You with their life’s concerns. We re- for the American people, and that we vide a mechanism to ensure that all member the refugees of the world and must do all we can to create an envi- Social Security surpluses are dedicated all those who suffer pain or hunger or ronmental record we can be proud of. I to saving the program and Medicare. fear for the days ahead. Remind us all, would hope that as we approach further I fully endorse this concept and be- O God, that when the resources of the efforts dealing with the environmental lieve we will be fulfilling our pledge to world are not with us, we can rely on protection and, for that matter, the re- our Nation’s seniors if we pass this leg- Your grace. And when people must duction of gun violence, we can avoid islation. We must stop this phoney walk through the roads of danger and the false choices offered by the ex- bookkeeping and leave Social Security hostility, we earnestly pray that Your treme. money alone. Right now, the trust fund healing power and Your reconciling f is running a $126 billion surplus and it spirit will be with them whatever their is used to mask the yearly deficit. need or trouble. O loving and eternal SUPPORT THE SOCIAL SECURITY In 1997, Congress passed the historic God, bless us and all Your people, now AND MEDICARE ‘‘SAFE DEPOSIT Balanced Budget Act of 1997, which of and evermore. Amen. BOX’’ course reduced wasteful government f The SPEAKER pro tempore. Under spending. We believed it was a re- the Speaker’s announced policy of Jan- straint on Federal spending that has THE JOURNAL uary 19, 1999, the gentleman from Flor- led to a reduction in our yearly defi- The SPEAKER pro tempore. The ida (Mr. STEARNS) is recognized during cits. With our Nation’s strong economy Chair has examined the Journal of the morning hour debates for 5 minutes. and fiscal responsibility, there has last day’s proceedings and announces Mr. STEARNS. Mr. Speaker, tomor- been a strong revenue growth in this to the House his approval thereof. row we will consider legislation to en- country and it has helped the national Pursuant to clause 1, rule I, the Jour- sure that we will no longer use the So- Treasury. These two factors make it nal stands approved. possible to stop the much-used practice cial Security Trust Fund for any other f purpose than for what it was intended of commingling the Social Security for. Trust Fund money with the general PLEDGE OF ALLEGIANCE Now, my colleagues might ask, ‘‘Why revenue. The SPEAKER pro tempore. Will the is this necessary?’’ The answer is quite So, my colleagues, this week we can gentleman from New York (Mr. make history, make history by stand- simple. Despite repeated efforts over SERRANO) come forward and lead the ing up for not only what we believe to the years, we have not been able to House in the Pledge of Allegiance. be right, but what is absolutely nec- stop perpetual raids on the Social Se- Mr. SERRANO led the Pledge of Alle- essary if we are going to make good on curity Trust Fund. We have attempted giance as follows: to stop this violation of the trust fund our promise to save Social Security and Medicare for this and future gen- I pledge allegiance to the Flag of the going as far back as 1990. United States of America, and to the Repub- Now, that year we enacted legisla- erations. We can pass H.R. 1259, stop lic for which it stands, one nation under God, tion, the Budget Enforcement Act, this practice which started when Presi- indivisible, with liberty and justice for all. which removed Social Security taxes dent Lyndon Johnson unified the budg- f and benefits from the budget and from et in 1969. It was then that Social Secu- calculations of the budget deficit. That rity and the other Federal trust funds CHINESE ESPIONAGE was done to prevent Social Security were officially accounted for in the en- (Mr. WICKER asked and was given from masking the true size of the def- tire Federal budget. permission to address the House for 1 So this ‘‘Safe Deposit Box Act’’ es- icit and to protect it from budgetary minute and to revise and extend his re- tablishes the submission of separate cuts. marks.) The rationale was that if this was Social Security budget documents by Mr. WICKER. Mr. Speaker, this head- excluding outlays and receipts of the done, Congress would not use Social line from the New York Times says it old-age, survivors, and disability pro- Security in devising the Nation’s over- all: China Stole Nuclear Secrets for gram under the Social Security Act, all fiscal policies. Historically, the So- Bombs. Although the bipartisan Cox thereby, Mr. Speaker, preventing So- cial Security Trust Fund Board have report on Chinese espionage will not be cial Security surpluses from being used invested surplus Social Security reve- officially released until tomorrow, we for any other purpose other than for nues in U.S. Government securities. already know enough that all Ameri- the Social Security Trust Fund and the These investments are honored just cans should be outraged. Medicare program. like investments from the private sec- So I urge my colleagues tomorrow According to Chairman COX, the tor. Interest is earned on the monies and this week to support H.R. 1259. threat to our security from this major intelligence catastrophe will not be invested, and returned to the trust f fund to help offset long-term obliga- years into the future but within the tions to future beneficiaries. It was felt RECESS next few months. Look to the Chinese that without such an enforcement The SPEAKER pro tempore. Pursu- Communist government to begin test- mechanism, this practice would con- ant to clause 12 of rule I, the Chair de- ing nuclear ICBMs within a few tinue unless Congress took action to clares the House in recess until 2 p.m. months, using United States nuclear prevent this dishonest bookkeeping Accordingly (at 12 o’clock and 41 secrets. While our law enforcement of- from continuing. minutes p.m.), the House stood in re- ficials were asleep, our national secu- Unfortunately, Mr. Speaker, the in- cess until 2 p.m. rity was compromised. It is not just tent of the 1990 law has not been fully f Attorney General Janet Reno. The en- adhered to, and to guarantee honesty b tire Clinton-Gore administration owes in budgeting we must end the misuse of 1400 the United States public an expla- Social Security Trust Fund invest- AFTER RECESS nation for this outrage. ments. This Social Security Trust The recess having expired, the House f Fund surplus should not be used to was called to order by the Speaker pro TWO FORMS OF VIOLENCE fund any other programs, and it should tempore (Mr. PEASE) at 2 p.m. not be used to mask our Nation’s debt. f (Mr. SERRANO asked and was given We have been very zealous in cutting permission to address the House for 1 wasteful spending and reducing the size PRAYER minute and to revise and extend his re- of our government’s bureaucracy. We The Chaplain, the Reverend James marks.) should keep up our efforts to continue David Ford, D.D., offered the following Mr. SERRANO. Mr. Speaker, the de- to cut unnecessary and wasteful spend- prayer: bate goes on in this country as we try May 24, 1999 CONGRESSIONAL RECORD — HOUSE H3465 earnestly to find solutions for the prob- minute and to revise and extend his re- announces that he will postpone fur- lem of violence in our schools and marks.) ther proceedings today on each motion throughout our society. At the same Mr. GIBBONS. Mr. Speaker, when I to suspend the rules on which a re- time the 6 o’clock news reports school was a young child, people used to say corded vote or the yeas and nays are violence, it reports the violence of war. that little green men lived on Mars and ordered, or on which the vote is ob- So I wonder and I ask out loud, is it the moon was made of cheese. That is jected to under clause 6 of rule XX. possible that our children are imi- when fantasies and rumors were the Such rollcall votes, if postponed, will tating the actions of our government, tools that shaped opinions and science be taken after debate has concluded on that every time we have a difference was the unattainable. all motions to suspend the rules but with another country, we use violence Unfortunately, many of my col- not before 6 p.m. today. leagues look at transporting and stor- to solve that difference? f Secondly, this week on the agri- ing high-level nuclear waste in Nevada culture appropriation bill we will say in much the same way. DISTRICT OF COLUMBIA COLLEGE ‘‘no’’ once again to selling food and Fantasy and nonsense have no place ACCESS ACT in scientific studies, studies which medicine to Cuba. Food and medicine. Mr. DAVIS of Virginia. Mr. Speaker, prove that a repository site at Yucca Economic violence. Is it possible that I move to suspend the rules and pass Mountain is 10 times more prone to our children are simply imitating the the bill (H.R. 974) to establish a pro- earthquakes and lava flows than gov- violence they see coming from our gram to afford high school graduates ernment scientists previously esti- adult behavior? from the District of Columbia the ben- f mated, studies that show Nevada ranks third in the Nation for current earth- efits of in-State tuition at State col- ON MILK POLICY quake activity and has experienced leges and universities outside the Dis- (Mr. GUTKNECHT asked and was over 650 earthquakes in the last 20 trict of Columbia, and for other pur- given permission to address the House years. poses, as amended. for 1 minute and to revise and extend That means with over 30 earthquakes The Clerk read as follows: his remarks.) a year. Clearly Yucca Mountain is not H.R. 974 Mr. GUTKNECHT. Mr. Speaker, very suitable and is one of the worst places Be it enacted by the Senate and House of Rep- soon a great debate will begin to rage to store the deadliest material ever resentatives of the United States of America in here in the halls of Congress. That de- created by man. Congress assembled, bate will be about how we price milk. The space program proved that the SECTION 1. SHORT TITLE. My friends from other regions of the moon is not made of cheese and that This Act may be cited as the ‘‘District of country will complain that if the sys- little green men do not live on Mars, Columbia College Access Act’’. tem is reformed and the playing field is and if the DOE properly addresses this SEC. 2. ESTABLISHMENT OF SCHOLARSHIP PRO- GRAM. leveled, their dairy farmers would re- new scientific information as the law There is hereby established the District of ceive less or they would lose relative to requires them to do, they will not force Columbia College Access Scholarship Pro- other parts of the country. green people to live in Nevada. gram (hereafter in this Act referred to as the But, Mr. Speaker, we should under- Mr. Speaker, oppose H.R. 45 and place ‘‘Program’’) under which the Mayor of the stand that dairy farmers in my region true science before fantasy, misin- District of Columbia shall award scholar- of the country have been losers under formation and conjecture. ships in accordance with section 4 using the current convoluted milk marketing f amounts in the District of Columbia College order system for over 60 years. This Access Fund established under section 3. makes no economic sense. Even Justice COMBATTING SCHOOL VIOLENCE SEC. 3. DISTRICT OF COLUMBIA COLLEGE AC- Anton Scalia has called the system (Mr. WISE asked and was given per- CESS FUND. ‘‘Byzantine.’’ All we are asking for is mission to address the House for 1 (a) ESTABLISHMENT.—There is hereby es- tablished on the books of the government of equal pay for equal milk, and we will minute.) Mr. WISE. Mr. Speaker, mercifully the District of Columbia the District of Co- not give up this fight until we get it. lumbia College Access Fund (hereafter in f events in Georgia last week produced this Act referred to as the ‘‘Fund’’), which no deaths in the school shooting. But shall consist of the following amounts: TRADE DEFICIT HITS RECORD this shows why it is that all of us at (1) Amounts appropriated to the Fund HIGH every level of government and every under law. (Mr. TRAFICANT asked and was part of our community have to be (2) Gifts and bequests. given permission to address the House working harder to reduce school vio- (3) Refunds paid under section 4(b)(4). for 1 minute and to revise and extend lence. There are things that this Con- (4) Interest earned on the balance of the his remarks.) gress can be doing, things that our Fund. Mr. TRAFICANT. Mr. Speaker, an- (b) ADMINISTRATION.—The Mayor of the communities can be doing. District of Columbia shall administer the other record. For the third straight One area that we are working on in Fund, in consultation with the Secretary of month, America’s trade deficit is going West Virginia and which I hope might Education. through the roof. It is now averaging be of benefit in other areas is we are (c) USE OF FUND.— $20 billion a month. That is 400,000 designing a school safety report card: (1) IN GENERAL.—Amounts in the Fund good-paying American jobs being lost What are the elements of a safe school, shall be used solely to award scholarships in every single month. It is so bad even listing them and then giving that to accordance with section 4, except that not Commerce Secretary Daley said Amer- each community so each community more than 10 percent of the balance of the ica cannot continue to subsidize the can evaluate its own school. Fund with respect to a fiscal year may be One thing that I have learned fol- used for the administration of the Fund dur- world. Unbelievable. Something stinks. ing such year. Why is this administration still cod- lowing four hearings across our State (2) DETERMINATION OF AMOUNT AVAILABLE dling to China on MFN and WTO mem- is that there is no one-size-fits-all. We FOR SCHOLARSHIPS.—With respect to each bership? Enough is enough. America is have to tailor our responses to each academic year for which scholarships may be going bankrupt at warp speed and community and to each school. But we awarded under this Act, the Mayor shall de- Uncle Sam is buying the rocket fuel. I also have to dedicate ourselves to the termine the amount available from the Fund say it is time to get to the bottom of proposition that as school ends this for awarding scholarships. this action with China. Tell us the year, that when it resumes next year (d) INVESTMENT.—The Mayor shall invest truth, White House, before we do not the schools will be safer than they have such portion of the Fund as is not in the judgment of the Mayor required to make have a job left. been. current payments for scholarships. Such in- f f vestments shall be in such form as the OPPOSE H.R. 45 AND KEEP ANNOUNCEMENT BY THE SPEAKER Mayor considers appropriate. NUCLEAR WASTE OUT OF NEVADA PRO TEMPORE SEC. 4. ADMINISTRATION OF SCHOLARSHIP PRO- GRAM. (Mr. GIBBONS asked and was given The SPEAKER pro tempore. Pursu- (a) APPLICATIONS.—Any qualified graduate permission to address the House for 1 ant to clause 8 of rule XX, the Chair seeking a scholarship under the Program H3466 CONGRESSIONAL RECORD — HOUSE May 24, 1999 shall submit an application to the Mayor in uate to receive a scholarship to attend such funds to supplement and not supplant assist- such form and containing such information institution under this Act. ance that otherwise would be provided to as the Mayor may prescribe by regulation. (d) DEFINITIONS.—As used in this section: students from the District of Columbia. The Mayor shall make applications for (1) QUALIFIED GRADUATE.—The term ‘‘quali- (5) INSTITUTION OF HIGHER EDUCATION.—The scholarships under the Program available fied graduate’’ means an individual who— term ‘‘institution of higher education’’ has not later than October 1 of the academic (A) has been a resident of the District of the meaning given that term under section year preceding the academic year for which Columbia for not less than the 12 consecutive 101 of the Higher Education Act of 1965 (20 the scholarships will be awarded, and shall months preceding the academic year for U.S.C. 1001). announce the recipients of scholarships which the scholarship is sought; (6) SECONDARY SCHOOL.—The term ‘‘sec- under this section not later than a date de- (B) begins his or her undergraduate course ondary school’’ has the meaning given that termined by the Mayor in consultation with of study within the 3 calendar years (exclud- term under section 14101 of the Elementary the Secretary of Education. ing any period of service on active duty in and Secondary Education Act of 1965 (20 the Armed Forces of the United States, in (b) AWARDS AUTHORIZED.— U.S.C. 8801). the Peace Corps or Americorps) of grad- (1) AWARDS TO EACH QUALIFIED GRADUATE.— SEC. 5. ADMINISTRATION OF PROGRAM AND uating from a secondary school, or receiving (A) IN GENERAL.—From the amount avail- FUND. able from the Fund under section 3(c)(2) for the recognized equivalent of a secondary In carrying out the Program and admin- any academic year, the Mayor shall award school diploma; istering the Fund, the Mayor of the District scholarships to each qualified graduate sub- (C) is enrolled or accepted for enrollment of Columbia— in a degree, certificate, or other program (in- mitting an application that is approved pur- (1) shall consult with the Secretary of Edu- cluding a program of study abroad approved suant to subsection (a). cation; and for credit by the institution at which such (B) AWARDS TO STUDENTS AT ELIGIBLE PUB- (2) may enter into a contract with a non- student is enrolled) leading to a recognized LIC INSTITUTIONS BASED ON IN-STATE TUI- governmental agency to administer the Pro- educational credential at an eligible institu- TION.—Subject to subparagraph (D) and para- gram and the Fund if the Mayor determines tion; graph (2), such scholarship shall provide, for that it is cost-effective and appropriate to do (D) if the student is presently enrolled at attendance at an eligible public institution so. an institution, is maintaining satisfactory located outside the District of Columbia, an SEC. 6. AUTHORIZATION OF APPROPRIATIONS. progress in the course of study the student is amount equal to the difference between— There are authorized to be appropriated for pursuing, as determined under section 484(c) (i) the amount of the tuition normally of the Higher Education Act of 1965 (20 U.S.C. payment to the Fund such sums as may be charged by that institution to a student who 1091(c)); necessary for fiscal year 2000 and for each of is not a resident of the State in which that (E) is a citizen or national of the United the 5 succeeding fiscal years. institution is located for the program of in- States, a permanent resident of the United SEC. 7. AUTHORIZATION OF APPROPRIATIONS struction in which the qualified graduate is States, able to provide evidence from the Im- FOR UNIVERSITY OF THE DISTRICT OF COLUMBIA. enrolled or accepted for enrollment; and migration and Naturalization Service that There is authorized to be appropriated to (ii) the amount of the tuition normally he or she is in the United States for other the University of the District of Columbia charged by that institution to a student who than a temporary purpose with the intention for fiscal year 2000 and each of the 5 suc- is a resident of such State for such program of becoming a citizen or permanent resident, ceeding fiscal years such sums as may be of instruction, or the amount of the tuition or a citizen of the Republic of the Marshall normally charged by that institution to a Islands, the Federated States of Micronesia, necessary to enhance educational opportuni- student who is a resident of the county in or the Republic of Palau; ties for the University. which the institution is located for such pro- (F) does not owe a refund on grants pre- The SPEAKER pro tempore. Pursu- gram of instruction, whichever is less. viously received under title IV of the Higher ant to the rule, the gentleman from (C) TUITION ASSISTANCE GRANTS TO STU- Education Act of 1965, and is not in default Virginia (Mr. DAVIS) and the gentle- DENTS AT ELIGIBLE PRIVATE INSTITUTIONS.— on any loan made, insured, or guaranteed woman from the District of Columbia Subject to paragraph (2), such scholarship under such title; (Ms. NORTON) each will control 20 min- shall provide, for attendance at an eligible (G) has not completed his or her first un- private institution, a tuition assistance dergraduate baccalaureate course of study; utes. grant in a uniform amount determined by and The Chair recognizes the gentleman the Mayor, not to exceed $3,000 for the aca- (H) is not incarcerated. from Virginia (Mr. DAVIS). demic year. (2) ELIGIBLE INSTITUTION.—The term ‘‘eligi- Mr. DAVIS of Virginia. Mr. Speaker, (D) CAP ON AMOUNT PROVIDED.—The amount ble institution’’ means eligible public insti- I yield myself such time as I may con- of a scholarship provided to an individual tution or an eligible private institution. sume. under subparagraph (B) for an academic year (3) ELIGIBLE PUBLIC INSTITUTION.—The term (Mr. DAVIS of Virginia asked and may not exceed $10,000. ‘‘eligible public institution’’ means an insti- was given permission to revise and ex- (2) RATABLE REDUCTION IF FUNDS INSUFFI- tution of higher education that— tend his remarks.) CIENT.—If the amount available from the (A) is established as a State-supported in- Fund under section 3(c)(2) for any academic stitution of higher education by the State in Mr. DAVIS of Virginia. Mr. Speaker, year is not sufficient to pay the scholarship which such institution is located; first of all my thanks to the gentleman amount determined under paragraph (1) for (B) is eligible to participate in student fi- from Indiana (Mr. BURTON) and the each qualified graduate submitting an appli- nancial assistance programs under title IV of gentleman from Texas (Mr. ARMEY) for cation that is approved pursuant to sub- the Higher Education Act of 1965 (20 U.S.C. permitting the expeditious consider- section (a), the amount of such scholarships 1001 et seq.); and ation of this bill. My gratitude as well shall be ratably reduced. If additional sums (C) has entered into an agreement with the to the gentlewoman from the District become available for such academic year, Mayor containing such requirements for the of Columbia (Ms. NORTON) the ranking such reduced scholarships shall be increased management of funds provided under this on the same basis as they were reduced Act as the Mayor may specify, including a member of the Subcommittee on the (until the amount allotted equals the requirement that the institution use the District of Columbia, the gentlewoman amount determined under paragraph (1)). funds to supplement and not supplant assist- from Maryland (Mrs. MORELLA), the (3) DISBURSEMENT.—The scholarships ance that otherwise would be provided to gentleman from California (Mr. HORN), awarded under this section shall be disbursed students from the District of Columbia. the gentleman from Florida (Mr. SCAR- to the eligible institution at which the quali- (4) ELIGIBLE PRIVATE INSTITUTION.—The BOROUGH) and all the cosponsors and fied graduate is enrolled or accepted for en- term ‘‘eligible private institution’’ means an those who have expressed encourage- rollment by check or other means that is institution of higher education that— ment and support for our efforts. payable to and requires the endorsement or (A) is located in the District of Columbia, other certification by such graduate. the State of Maryland, or the Common- I would also like to thank some of (4) REFUNDS.—The Mayor may prescribe wealth of Virginia; the staff people who have worked so such regulations as may be necessary to pro- (B) is not established as a State-supported hard on this legislation: My former vide for the refund to the Fund of a portion institution of higher education by the State staff director Peter Sirh, staff director of the amount awarded under this section in in which such institution is located; and counsel Howie Denis, communica- the event a recipient of a scholarship under (C) is eligible to participate in student fi- tions directory Trey Hardin, Anne this section withdraws from an institution nancial assistance programs under title IV of Mack Barnes, Jon Bouker the gentle- during a period of enrollment in which the the Higher Education Act of 1965 (20 U.S.C. woman from the District of Columbia’s recipient began attendance. 1001 et seq.); and staff, and Noah Woofsy of the legisla- (c) RULE OF CONSTRUCTION.—Nothing in (D) has entered into an agreement with the this Act shall be construed to require an in- Mayor containing such requirements for the tive counsel’s office. stitution of higher education to alter the in- management of funds provided under this Today we take a giant step forward stitution’s admissions policies or standards Act as the Mayor may specify, including a in our quest to enhance educational op- in any manner in order for a qualified grad- requirement that the institution use the portunities in the Nation’s capital. My May 24, 1999 CONGRESSIONAL RECORD — HOUSE H3467 thanks to the gentlewoman from the bill, this legislation fully respects and ministration including Mrs. Clinton, District of Columbia, the ranking leaves untouched college admission Secretary Richard Riley and Assistant member of the subcommittee I chair, policies and standards. Secretary Scott Fleming in crafting and all the others who have expressed The bill will enable District residents H.R. 974. encouragement and support for our ef- who are high school graduates to at- I want to particularly thank the forts. tend public institutions at in-State President, who included funds for this The bill we consider today, H.R. 974, rates in other States in the union. We bill in his own budget, raising substan- the District of Columbia College Ac- have included tuition assistance grants tially the amount that would otherwise cess Act, reflects the constitutional re- as another option for other colleges in have been available. ality that Congress is the de facto D.C., Virginia and Maryland. This is In its three features, H.R. 974 goes a State legislature for the District of Co- yet another incentive to encourage considerable distance toward offering lumbia. The city by its very nature local population stability through edu- District residents and students the lacks the capacity for a university sys- cational enhancement. This TAG pro- State public higher education available tem of higher education as that con- gram is highly successful in Virginia to residents of the 50 States. Funds are cept is understood in the 50 States. The and many other States. authorized for grants for students to same choices and opportunities simply H.R. 974 helps to level the playing attend State colleges and universities do not exist for students and parents field for District high school graduates. anywhere in the United States at in- here as exist elsewhere in the United I was deeply moved by the reaction to State rates for a limited private col- States. This has too often led to an this bill as I saw it in the eyes of stu- lege alternative, such as some States out-migration of population in order to dents at Eastern High School, not far offer to broaden the State’s option, and take advantage of the higher edu- from our Capitol building. These stu- for the District’s own public admis- cational opportunities all other Ameri- dents need and deserve a break. They sions university, the University of the cans enjoy as residents of a particular need and deserve the same opportuni- District of Columbia. The central feature of H.R. 974 is au- State. ties that students in other school sys- thorization for funding for students to A strong element in all of our reform tems in other States across this land attend any State college or university legislation since the creation of the have. where admission has been granted at Subcommittee on the District of Co- As the students took my hand, in-State tuition rates. This provision is lumbia has been directed at stopping looked into my eyes and thanked me essential because unlike every State in the bleeding of the population out of for introducing this bill, I knew we the Union, the District has only one the District. This is critical for us all, were on the right track. Fighting for public institution of higher education, as you cannot have a healthy Wash- educational opportunity legislation is an open admissions university. One size ington region without a healthy city. one of the reasons I entered public life. does not now and never has fit all in The District has lost hundreds of I look forward to working with col- higher education and certainly not in thousands of residents in recent dec- leagues who share this vision for the today’s fast-moving technological soci- ades, particularly middle-income tax- future as we move this bill to the other ety. payers. The Subcommittee on the Dis- body. In addition, the in-State tuition pro- trict of Columbia has helped to lead a Mr. Speaker, I reserve the balance of vision is critical to keeping and at- strong bipartisan evident in Congress my time. tracting taxpayers, the sine qua non to change that. Our efforts have in- Ms. NORTON. Mr. Speaker, I yield for the continuing recovery of the city. cluded economic development, such as myself such time as I may consume. The cost of higher education is so high facilitating the MCI Center and the The District of Columbia College Ac- today that it alone drives many par- new convention center project. We cess Act before us is but one example of ents with children out of the city. have encouraged home ownership with a series of bipartisan bills benefiting H.R. 974 also provides more limited the $5,000 tax credit for first-time the residents of the Nation’s capital on funding for private colleges in the Dis- homebuyers. We have improved per- which the gentleman from Virginia trict, Maryland and Virginia, just as sonal safety, water quality and finan- (Mr. DAVIS) and I have worked since he States often offer some funding for pri- cial stability itself. Congress can be became chair of the Subcommittee on vate college attendance in order to in- proud of its efforts to revitalize the Na- the District of Columbia. I want par- crease the diversity of options students tion’s capital. ticularly to thank the gentleman from need today. Congress, in full cooperation with the Virginia for his indispensable leader- Encouraged by H.R. 974, the private city and the Federal Government, has ship on legislation that has been crit- sector is raising an even larger amount in fact restructured relationships so as ical to the rescue of the Nation’s cap- to help District students prepare for to have the Federal Government as- ital from fiscal crisis. I particularly ap- and attend college. Business leaders in sume many of the functions normally preciate his work on H.R. 974, the Dis- the District and the region approached performed by States, such as care for trict of Columbia College Access Act, a the chairman, the gentleman from Vir- felony prisoners. This has put the Dis- bill that signals the move of the Sub- ginia (Mr. DAVIS), and me some months trict on a glide path to recovery. It is committee on the District of Columbia ago, disturbed that many students in now in a better position to improve de- from crisis to rebuilding. the District did not go to college or livery of municipal services. May I also take this opportunity to dropped out for lack of funds. These I am pleased to commend those lead- thank the gentleman from Indiana (Mr. leaders have raised nearly $20 million ing local foundations and companies BURTON) who has treated the city’s in private funds to supplement money that have banded together in an ex- problems with great attention and ur- D.C. parents and students raise or win traordinary and historic effort to assist gency, always moving bills quickly and on their own. They suggested that in- District students. The legislation we helpfully; the gentleman from Cali- State tuition rates could greatly en- are voting on today is essential to fornia (Mr. WAXMAN) whose assistance hance the educational opportunities those great efforts in the private sec- and wise counsel has been much appre- they were raising funds to expand. tor. ciated; and the members of the sub- Thus, H.R. 974 is a true public-private It is my strong belief that this is the committee, all of whom support H.R. effort with the private sector, more best money the Federal Government 974 and have contributed to this and than equaling what we do here today. will ever spend in this city. other bills that have rescued the Na- The symmetry and opportunities in Mayor Williams has characterized tion’s capital. this bill take higher education in the H.R. 974 as ‘‘very, very important legis- Nation’s Capital a great distance to- b lation not only in improving education 1415 ward providing D.C. residents with but in bringing our city back.’’ This The committee, the subcommittee equal opportunity, compared with op- bill can be a shining example of a bi- and the administration have worked portunities routinely available the partisan urban agenda. closely together on H.R. 974 in an indis- residents of the States. Many students While giving graduates more choices, pensable collaboration. We have can now go out of State. Some will re- subject to the caps and limits in the worked closely with officials of the ad- main in the District to get limited H3468 CONGRESSIONAL RECORD — HOUSE May 24, 1999 funding to attend private colleges and We are giving to the students in the want to inform the gentleman that he universities in the district or go to District of Columbia, our Nation’s Cap- and I are going to have to continue Maryland and Virginia with such ital, the same affordable educational that fight. funds. Many more will attend the Dis- opportunities that we are finding in Our bill says that if one gets into the trict’s own open-admissions State uni- the other 50 States. It is a modest step University of Michigan, if one gets into versity that allows any student to forward, but it is a very important one a junior college in Texas, they can take qualify for admission to college. The if we are to integrate our kids in our this money and have it follow the stu- UDC pool of students will not be able District with the rest of the region, dent, and we are going to have to fight to take advantage of the in-State pro- have them pick up jobs we need to fill for that provision. And I think that is vision. Two-thirds of UDC students in this region. The Northern Virginia a very important provision, as much as work, many have families, many go to Technology Council recently estimated I admire the roster of colleges in Mary- college after years in the work force. that there were 18,000 available jobs land and Virginia, but I want to en- Despite severe financial hardships re- that we could not find qualified appli- courage youngsters to fly, to broaden sulting from the fiscal crisis including cants to fill. their horizons, and this is a provision a 6-week shutdown, entering freshman We want the District of Columbia to we are going to have to fight for. enrollment rose dramatically by 70 per- be part of this regional economy as One of the reasons that I want us to cent in only 1 year. This extraordinary well. There is no reason that they fight for this provision is that they growth is the best evidence that D.C. should not be given the equal oppor- have other bills introduced which do residents must also have their own tunity and affordable educational op- not have nationwide application, but State university in addition to the out- portunities this legislation offers. the reason they do not have nationwide of-State options provided in this bill. Mr. Speaker, I am just very proud to application is because there is a need In the State tuition and UDC provi- support this bill, and I urge my col- to make sure that there is enough sions, H.R. 974 tries to achieve a mirror leagues to support it. money. The bill that the gentleman image of what D.C. parents and stu- Mr. Speaker, I yield back the balance and I have worked on recognizes that it dents would have if they lived in other of my time. may be necessary to circumscribe the jurisdictions. Residents who have Ms. NORTON. Mr. Speaker, I yield bill based on the amount of money. So stuck with the city during the tough myself such time as I may consume. the chairman, the gentleman from Vir- times when so many have left deserve Mr. Speaker, while I appreciate the ginia (Mr. DAVIS), and I have delegated some encouragement to remain. The words of our chairman, the gentleman to the mayor of the District of Colum- fact that there is near unanimous sup- from Virginia (Mr. DAVIS), this bill in bia, whomever he appoints, the task of port in the city for this bill is some in- and of itself will encourage youngsters drawing the bill in to fit the funds. dication that it is probably already to go to college in the first place who Mr. Speaker, I think the gentleman having the effect of encouraging resi- simply would never have tried, despite from Virginia (Mr. DAVIS) has acted dents to remain in the District. What their qualifications. They know full wisely in this regard, not only for we do here today is a step along the well that they have the money only for home rule reasons, because, of course, way of assuring equal citizenship for a semester or for a year, and now with the mayor and those closest on the District residents. this bill, providing 4 years of tuition to ground know best, but because we do H.R. 974 addresses a critical edu- go to college, what we have here is a not want to have the first year or two cational deficit that not only affects bill that encourages youngsters to do some of these funds go unused because students and other residents, but the well in school, in junior high school we have prematurely circumscribed revitalization of the city itself. No and in high school. who can, in fact, get these funds. How longer will D.C. youngsters be the only The District of Columbia College Ac- silly we would feel if, because some Americans without access to the full cess Group that is supplementing our youngsters may get scholarships to pri- complement of the State university own efforts with private funds has indi- vate schools, they do not want to go to systems that are routinely available to cated that it was astonished at how school in Maryland and Virginia, we the residents of every State as a mat- many of our youngsters simply drop have leftover funds from this bill that ter of right. out of college after getting into college could desperately be used by a student I want to again not only express my and earning the right to go to college. who has achieved admission to the Uni- personal thanks to the leaders of my The gentleman from Virginia has indi- versity of Michigan or the University committee and the members of my sub- cated something very important here, of Alabama, but cannot go because committee. I want also to assure the and that is that these youngsters have from on high, in the capital of the House that the parents and the chil- to get into college in the first place. So United States, we have without any dren of the Nation’s Capital are par- here we have an incentive to do well data and any way to get any data cir- ticularly grateful for the opportunities enough to get into college, and what cumscribed how the bill should be provided in the District of Columbia this will do for youngsters is indicated drawn. College Access Act. Let me finally say that the gen- Mr. Speaker, I reserve the balance of by reference to the gentleman’s own tleman has often spoken with good rea- my time. premier university, the University of Mr. DAVIS of Virginia. Mr. Speaker, Virginia, one of the best colleges in the son about the extraordinary number of I yield myself such time as I may con- United States. jobs in the region, one of the fastest- sume. Well, a youngster in Virginia, no growing technological regions in the Mr. Speaker, let me just note, as my matter what the family income, from country that has jobs that cannot be colleague, this does not level the play- the richest to the poorest, pays less filled, and they are all the way from ing field for District students as op- than $5,000 to go to one of the best uni- jobs way down on the technological posed to other States, but it goes a versities in the United States. If a ladder to way up. Our own State uni- long way toward that. They still have youngster from my side of the river ap- versity has not had the technology to to compete to get into these university plies to go to University of Virginia, adequately prepare students for these systems out-of-State as out-of-State those parents must come up with about jobs with the grant to allow UDC to be- students, which in many cases is an ad- three times that amount of money, or come a historically black college and missions hurdle that one would not get $16,000. Imagine what it means to my university. We go a long step toward if they lived within that State; so they taxpayers to know that they can en- preparing youngsters for jobs in the re- are not taking in-State slots, they are courage a youngster to compete to go gions since that money will be used for taking out-of-State slots. to UVA or to go to University of Mary- technology and infrastructure and, of But should they achieve that, should land and that the parents will be able course, within State tuition, allowing they overcome that obstacle, this legis- to afford that. our youngsters access to some of the lation simply says they would then I want to mention something else to best schools in the United States. We, only have to pay in-State. At least it the gentleman. The gentleman from of course, allow them to get the prepa- makes that dream affordable for them, Virginia and I have fought very hard ration necessary to make our regional and that is all this legislation does. for this bill to be nationwide, and I jobs available to everyone in our region May 24, 1999 CONGRESSIONAL RECORD — HOUSE H3469 including the residents of the District so much so that I want him to know on March 24, 1999, designating the of Columbia. that I will be working with the city to United States Postal Service building I want to say to the gentleman from see if residents can use this bill begin- located at 8850 South 700 East, Sandy, Virginia (Mr. DAVIS) that his own hard ning with this school year. Utah, as the ‘‘Noal Cushing Bateman work on this bill has been absolutely If they tool up, I think that they can Post Office Building’’. This legislation indispensable. Where we have worked make it happen, even though our fiscal is cosponsored by each Member of the together trying to fashion a bill that year begins October 1 and school usu- Utah delegation to the House of Rep- he and I could both agree upon, we ally begins in August and September. I resentatives pursuant to the policy of have reached out to the residents in thank the gentleman again for his the Committee on Government Reform. order to find what their concerns were leadership and for his great assistance The Congressional Budget Office has from the private colleges who wanted on this bill. determined that enactment of this to make the kind of private college al- Ms. NORTON. Mr. Speaker, I yield measure would have no significant im- ternative available here that is avail- back the balance of my time. pact on the Federal budget and would able in Virginia. We have reached out The SPEAKER pro tempore (Mr. not affect direct spending and receipts. Pay-as-you-go procedures, therefore, to UDC where there are students who PEASE). The question is on the motion cannot possibly take advantage of out- would not be applicable. offered by the gentleman from Virginia Mr. Bateman, honored by the bill be- of-State tuition and because we have (Mr. DAVIS) that the House suspend the fore us, served in the Sandy City coun- worked so closely together and worked rules and pass the bill, H.R. 974, as cil for 20 years and was mayor for 6 with the Secretary of Education and amended. years. He also served as head of the with members of the administration, The question was taken; and (two- local PTA chapter and led a successful we have reached a bill that we think thirds having voted in favor thereof) school construction bond campaign. He fits and serves the residents of the Dis- the rules were suspended and the bill, attained leadership positions in the trict of Columbia. as amended, was passed. Church of Jesus Christ of Latter Day He spoke, the chairman spoke, about A motion to reconsider was laid on Saints. the students at Eastern High School, the table Mr. Speaker, I urge all Members to and I do not believe that he exagger- f support this bill, H.R. 1251. ated when he spoke about how abso- Mr. Speaker, I reserve the balance of lutely thrilled these youngsters were GENERAL LEAVE my time. to think of going to school outside of Mr. DAVIS of Virginia. Mr. Speaker, Ms. NORTON. Mr. Speaker, I yield the District of Columbia, to have their I ask unanimous consent that all Mem- myself such time as I may consume. opportunities broadened so spectacu- bers may have 5 legislative days within Mr. Chairman, I am pleased to join larly with one bill. which to revise and extend their re- my colleague, the gentleman from Vir- I want to thank the gentleman from marks on H.R. 974, the bill just passed. ginia (Mr. DAVIS), in bringing to the Virginia (Mr. DAVIS), the members of The SPEAKER pro tempore. Is there House Floor five postal-naming bills. my committee and the leadership of objection to the request of the gen- These five measures have met the Com- the full committee for a Herculean ef- tleman from Virginia? mittee on Government Reform require- ment and enjoy the full support and co- fort not only in designing this bill but There was no objection. in working with the Speaker and the sponsorship of their respective House minority leader to bring this bill for- f congressional delegations. All of these ward so that it could get and achieve NOAL CUSHING BATEMAN POST bills were reported unanimously out of early passage so early in the 106th Con- OFFICE BUILDING the Subcommittee on Postal Service gress. and the full committee. I urge their Mr. DAVIS of Virginia. Mr. Speaker, Mr. DAVIS of Virginia. Mr. Speaker, immediate consideration and approval. I move to suspend the rules and pass will the gentlewoman yield? Mr. Speaker, I have no further re- Ms. NORTON. I yield to the gen- the bill (H.R. 1251) to designate the quests for time, and I yield back the tleman from Virginia. United States Postal Service building balance of my time. Mr. DAVIS of Virginia. Mr. Speaker, located at 8850 South 700 East, Sandy, Mr. DAVIS of Virginia. Mr. Speaker, let me just add one final point and that Utah, as the ‘‘Noal Cushing Bateman I yield 3 minutes to the gentleman is this, if we really want to change the Post Office Building’’. from Utah (Mr. COOK). Mr. COOK. Mr. Speaker, I thank the culture in this city where education be- The Clerk read as follows: gentleman from Virginia (Mr. DAVIS) comes the thing to do for high school H.R. 1251 Be it enacted by the Senate and House of Rep- for yielding me this time. students, where it becomes matter of Mr. Speaker, today the House of Rep- fact that one goes to high school and resentatives of the United States of America in Congress assembled, resentatives is poised to pass H.R. 1251, they move on to college or higher edu- a bill to rename the post office in cation, this is the kind of legislation SECTION 1. DESIGNATION. The United States Postal Service building Sandy, Utah, the Noal Cushing Bate- that is needed because right now it is man Post Office. I urge my colleagues only a dream and not an achievable located at 8850 South 700 East, in Sandy, Utah, shall be known and designated as the to support this legislation. dream for many. ‘‘Noal Cushing Bateman Post Office Build- Noal Cushing Bateman represents the To be able to go to a quality private ing’’. best of Utah. In his lifetime, he has or State university system and have an SEC. 2. REFERENCES. seen Sandy City grow from a strug- array of choices and have that afford- Any reference in a law, map, regulation, gling farming community of 3,000 to a able to someone, we think will break document, paper, or other record of the thriving business center with over that cycle and will encourage more United States to the building referred to in 100,000 residents. Not only has he wit- people to go in. section 1 shall be deemed to be a reference to nessed the growth but his planning and The contrast between the sur- the ‘‘Noal Cushing Bateman Post Office vision in large measure made it pos- rounding suburbs where sometimes Building’’. sible. His service to the community has over 90 percent of the kids who grad- The SPEAKER pro tempore. Pursu- spanned most of the 20th century. uate from high school go on to higher ant to the rule, the gentleman from Beginning in 1935, he served 20 years education and in the city is astound- Virginia (Mr. DAVIS) and the gentle- on the Sandy City council, 14 years as ing. This, I think, could help change woman from the District of Columbia Sandy City treasurer and 6 years as that around by making it truly achiev- (Ms. NORTON) each will control 20 min- mayor. He served for 35 years as the di- able. Again, I commend my friend, the utes. rector for the Salt Lake County Water gentlewoman from the District of Co- The Chair recognizes the gentleman Conservancy District. At an age when lumbia (Ms. NORTON) for her efforts in from Virginia (Mr. DAVIS). many people retire, Noal Bateman was this and look forward to prompt pas- Mr. DAVIS of Virginia. Mr. Speaker, just catching his second wind. At age sage. I yield myself 2 minutes. 69, he chaired the Community Develop- Ms. NORTON. I could not agree more Mr. Speaker, the gentleman from ment Block Grant Committee, a posi- with the words of the gentleman, and Utah (Mr. COOK) introduced H.R. 1251 tion he held for 9 years. H3470 CONGRESSIONAL RECORD — HOUSE May 24, 1999 He was president of the Sandy PTA fice Building’’. Any reference to such facility Mr. Speaker, I am proud to report and lead a campaign for a bond issue to in a law, regulation, map, document, paper, that every Member of the Illinois Con- build the present Sandy Elementary or other record of the United States shall be gressional Delegation has agreed to School. Today, at age 87 he remains ac- considered to be a reference to the ‘‘John J. support this legislation as cosponsors. I Buchanan Post Office Building’’. tive in the Church of Jesus Christ of want to thank the gentleman and the Latter Day Saints and in the commu- The SPEAKER pro tempore. Pursu- committee for this opportunity to rec- nity. ant to the rule, the gentleman from ognize the exceptional public service of Sandy City presents an annual award Virginia (Mr. DAVIS) and the gentle- Alderman John J. Buchanan through to the person who best exemplifies the woman from the District of Columbia this special honor. volunteer and community service that (Ms. NORTON) each will control 20 min- Ms. NORTON. Mr. Speaker, I yield makes Sandy such a wonderful place to utes. myself such time as I may consume. live, to work, to raise a family. This The Chair recognizes the gentleman Mr. Speaker, H.R. 1377 was intro- award is called the Noal Bateman from Virginia (Mr. DAVIS). duced by my colleague, the gentleman Award. It is only fitting that we honor (Mr. DAVIS of Virginia asked and from Illinois (Mr. WELLER), on April 13, the man whose vision made Sandy was given permission to revise and ex- 1999. This measure designates the what it is today by renaming the tend his remarks.) United States Postal Service facility Sandy Post Office at 8850 South 700 Mr. DAVIS of Virginia. Mr. Speaker, located at 13234 South Baltimore Ave- East the Noal Cushing Bateman Post I yield such time as he may consume to nue in Chicago as the John J. Bu- Office. the gentleman from Illinois (Mr. chanan Post Office Building. The measure is a small gesture of WELLER). Mr. Buchanan is a City of Chicago al- gratitude for decades of tireless efforts (Mr. WELLER asked and was given derman who recently retired as a life- by Mayor Bateman on behalf of the permission to revise and extend his re- long resident and public servant of Chi- citizens of Sandy. marks.) cago’s 10th Ward. He has resided in Chi- I would like to thank the gentleman Mr. WELLER. Mr. Speaker, as we cago his entire life. John Buchanan work this year to strengthen our local from Indiana (Mr. BURTON), chairman serves on the board of directors of sev- of the Committee on Goverment Re- schools, lower taxes for the middle eral community organizations, includ- form, for his prompt measure on this class and save Social Security and ing the south Chicago YMCA and Trin- action in the committee, and I urge my Medicare, I particularly want to the ity Hospital Governing Council. We are colleagues to support this legislation. thank the gentleman from Virginia pleased to support this naming bill for Mr. DAVIS of Virginia. Mr. Speaker, (Mr. DAVIS) and the committee for this John J. Buchanan. I yield back the balance of my time. opportunity to honor the work and Ms. NORTON. Mr. Speaker, I have no The SPEAKER pro tempore. The dedication of Alderman John J. Bu- further requests for time, and I yield question is on the motion offered by chanan who retired last month as al- back the balance of my time. the gentleman from Virginia (Mr. derman for the 10th Ward in the City of Mr. DAVIS of Virginia. Mr. Speaker, Chicago after almost 20 years of public DAVIS) that the House suspend the I have no further requests for time, and rules and pass the bill, H.R. 1251. service. I yield back the balance of my time. The question was taken. I introduced H.R. 1377 to recognize The SPEAKER pro tempore. The Mr. DAVIS of Virginia. Mr. Speaker, Alderman Buchanan’s outstanding pub- question is on the motion offered by on that I demand the yeas and nays. lic service record in Chicago and honor the gentleman from Virginia (Mr. him through the designation of the The yeas and nays were ordered. DAVIS) that the House suspend the The SPEAKER pro tempore. Pursu- United States Post Office at 13234 rules and pass the bill, H.R. 1377. ant to clause 8 of rule XX and the South Baltimore Avenue as the John J. The question was taken; and (two- Chair’s prior announcement, further Buchanan Post Office. I have enjoyed thirds having voted in favor thereof) proceedings on this motion will be working with the alderman personally the rules were suspended and the bill postponed. over the last 4 years in a bipartisan ef- was passed. fort to help 10th Ward residents who f A motion to reconsider was laid on have particularly worked very closely the table. GENERAL LEAVE for improvements to Brainard Avenue f Mr. DAVIS of Virginia. Mr. Speaker, in the Hegewish area and the continued I ask unanimous consent that all Mem- construction of the Deep Tunnel GENERAL LEAVE bers may have 5 legislative days within Project designed to protect our Lake Mr. DAVIS of Virginia. Mr. Speaker, which to revise and extend their re- Michigan drinking water. I ask unanimous consent that all Mem- marks on H.R. 1251. John Buchanan has been a life-long bers may have 5 legislative days within The SPEAKER pro tempore. Is there resident and public servant for the 10th which to revise and extend their re- objection to the request of the gen- Ward. The only time he left the com- marks on H.R. 1377. tleman from Virginia? munity was during his years of service The SPEAKER pro tempore. Is there There was no objection. in the United States Navy. He was first objection to the request of the gen- elected to office in 1963 and served the f tleman from Virginia? community until 1971. There was no objection. JOHN J. BUCHANAN POST OFFICE From 1972 until 1977, he served as co- f BUILDING ordinator of economic development for Mr. DAVIS of Virginia. Mr. Speaker, the Chicago Mayor’s office. While in CLIFFORD R. HOPE POST OFFICE I move to suspend the rules and pass this position, he successfully instituted Mr. DAVIS of Virginia. Mr. Speaker, the bill (H.R. 1377) to designate the fa- programs for the retention and attrac- I move to suspend the rules and pass cility of the United States Postal Serv- tion of new business and industry. In the bill (H.R. 197) to designate the fa- ice at 13234 South Baltimore Avenue in 1991, Alderman Buchanan was once cility of the United States Postal Serv- Chicago, Illinois, as the ‘‘John J. Bu- again elected to serve as alderman of ice at 410 North 6th Street in Garden chanan Post Office Building’’. the 10th Ward of Chicago. His city City, Kansas, as the ‘‘Clifford R. Hope The Clerk read as follows: council committee membership in- Post Office’’. cluded Aviation; Budget and Govern- H.R. 1377 The Clerk read as follows: ment Relations; Rules and Ethics; Eco- H.R. 197 Be it enacted by the Senate and House of Rep- nomic and Capital Development; Fi- resentatives of the United States of America in Be it enacted by the Senate and House of Rep- Congress assembled, nance; Human Relations; and Police resentatives of the United States of America in SECTION 1. DESIGNATION. and Fire. Congress assembled, The facility of the United States Postal Alderman Buchanan and his wife, SECTION 1. DESIGNATION. Service located at 13234 South Baltimore Av- who I would point out is his high The facility of the United States Postal enue in Chicago, Illinois, is hereby des- school sweetheart, have two children Service located at 410 North 6th Street in ignated as the ‘‘John J. Buchanan Post Of- and five grandchildren. Garden City, Kansas, is hereby designated as May 24, 1999 CONGRESSIONAL RECORD — HOUSE H3471 the ‘‘Clifford R. Hope Post Office’’. Any ref- and the critical rebuilding years that plishments were in the area of soil and erence to such facility in a law, regulation, followed, Mr. Hope faithfully served water conservation, agricultural re- map, document, paper, or other record of the Kansans and was actively involved in search and marketing, and the Food United States shall be considered to be a ref- many legislative accomplishments that For Peace program. erence to the ‘‘Clifford R. Hope Post Office’’. we take for granted today. Although preoccupied with agri- The SPEAKER pro tempore. Pursu- He was an avid supporter of conserva- culture problems, Congressman Hope ant to the rule, the gentleman from tion programs. Mr. Hope first experi- spent many hours studying and seeking Virginia (Mr. DAVIS) and the gentle- enced legislative success by passing the truth on all important issues. woman from the District of Columbia into law the bill creating the Cheyenne Hope’s legislative achievements were (Ms. NORTON) each will control 20 min- Bottoms Wetlands in Kansas. It was not, in his son’s opinion, his primary utes. created in 1928, and this wetland still reason that he considered his father a The Chair recognizes the gentleman today serves the goals of environ- role model Congressman and consid- from Virginia (Mr. DAVIS). mental restoration and preservation. ered so by many of his contemporaries (Mr. DAVIS of Virginia asked and While Mr. Hope’s initial bill was aimed as well. He was a role model, rather, was given permission to revise and ex- at Kansans, it was followed by one of because of the virtues and values he tend his remarks.) the largest nationwide conservation held dear. In recent years there has Mr. DAVIS of Virginia. Mr. Speaker, programs, the Small Watershed Pro- been a rediscovery of, or at least a re- I yield such time as he may consume to gram, which was developed under Mr. newed interest in, personal virtues. the gentleman from Kansas (Mr. Hope’s tenure as the Committee on Ag- William J. Bennett, in his ‘‘Book of MORAN). riculture Chairman. Passed in 1954 and Virtues’’ quotes stories and poems Mr. MORAN of Kansas. Mr. Speaker, known as P.L. 566, the Small Water- which exemplify 10 virtues: responsi- I appreciate the gentleman from Vir- shed Program has been successful in re- bility, self-discipline, compassion, ginia (Mr. DAVIS) yielding time to me. ducing runoff, controlling erosion and friendship, work, courage, persever- Mr. Speaker, it is a great honor for protecting countless communities from ance, honesty, loyalty and faith. Sen- me to speak today on behalf of this leg- flooding for more than 40 years. ator Frank Carlson, also a former islation honoring Clifford R. Hope. Mr. In addition to conservation pro- member of the House of Representa- Hope was an active public servant in- grams, Chairman Hope also had great tives, in his congressional ceremony volved in Kansas politics for more than success in promoting the United States honoring his friend Cliff Hope in 1956 37 years. Naming the post office in his humanitarian role in the world. The cited a list of nine virtues that make hometown of Garden City, Kansas, is Food for Peace Program, P.L. 480, was up the stature of the perfect man: pa- an honor. It is a small tribute to Mr. signed into law by President Eisen- tience, kindness, generosity, humility, Hope’s lifetime accomplishments. hower in July of 1954. From its incep- courtesy, unselfishness, sincerity, good During Mr. Hope’s political career, tion, Food For Peace has been the temper, and guilelessness. his first leadership opportunities pre- backbone of the United States’s food Hope would be the first to disclaim sented themselves as a member of the donation efforts around the world. that he was a perfect man, but in large Kansas House of Representatives. First However, not all of Mr. Hope’s feeding measure, he did possess the virtues elected in 1921, Mr. Hope at the age of programs had such worldly goals. Au- cited by Bennett and Drummond. All of 31 became the youngest speaker of the thorized in 1946, the zeal with which these in particular were ones imparted Kansas House of Representatives. Mr. Hope promoted the School Lunch and taught to all of those he came in As in many other States in the 1920s, Program earned him the title of ‘‘Hot contact with. tension mounted surrounding civil Lunch Cliff.’’ So, Mr. Speaker, today as we seek rights issues. Mr. Hope, an ardent op- While it is often common to measure passage of this legislation, H.R. 197, I ponent of the Klu Klux Klan, took the a man by his accomplishments, it is encourage all of us to strive for these politically difficult stance to ensure the manner in which those accomplish- characteristics. We too will leave a that Kansas’ history as a free State ments are achieved that is truly impor- mark on the history of this country, was not tarnished and that individual tant. In this day of harsh rhetorical and I hope that during my term of liberties of all its citizens were pro- battles, it is refreshing to honor a service in the United States Congress tected. Member with character and demeanor. that I will never forget a fellow Kan- After 3 terms in the State legisla- Our former Governor of Kansas, Wil- san, Clifford R. Hope, that he provided ture, Clifford R. Hope was elected to liam H. Avery, also a former member of a role model for those of us who engage Congress in 1926. Mr. Hope became a re- this body, perhaps said it best about in this business each and every day, spected leader in this House, ulti- Mr. Hope’s character: and that we will all strive to serve with mately serving as the chairman of the ‘‘I never heard Cliff speak a harsh quiet courage. Committee on Agriculture from 1946 to word against those with whom he dis- Ms. NORTON. Mr. Speaker, I yield 1951. Mr. Hope was the last Republican agreed, either in debate or in personal myself such time as I may consume. chairman of the committee until an- conversation. He had the respect and Mr. Speaker, H.R. 197, introduced by other Kansan, PAT ROBERTS, assumed admiration of all who knew him. He the gentleman from Kansas (Mr. that position in 1995. will always be remembered as an hon- MORAN) on January 6, 1999, designates Mr. Hope was deeply involved in es- est man with an infectious personality, the United States Postal Facility at tablishing many of the agricultural kind to both his friends and adver- 410 North 6th Street in Garden City, programs that still exist today. In ad- saries, but unshakable in his convic- Kansas as the Clifford R. Hope Post Of- dition to his work on behalf of agri- tions.’’ fice. culture, Mr. Hope was a strong advo- In the epilogue to the book ‘‘Quiet Mr. Hope was a former Member of cate for defense programs and was Courage,’’ written in 1997 by Congress- Congress representing the 7th congres- heavily involved in the military pro- man Hope’s son, Clifford Hope, Jr., also sional district in Kansas from 1927 to grams essential to our successful war a distinguished Kansan, the son speak- 1957. His political career began in the efforts during World War II. ing of his Congressman father con- Kansas House of Representatives, cludes that: where he served as Speaker of the Kan- b 1445 First of all, Congressman Hope had a sas House. Following his election to Mr. Hope was a veteran of World War solid record of substantial legislative Congress, Mr. Hope became Chairman I. accomplishments. He probably spent of the House Committee on Agri- Spanning the presidential adminis- more time from 1933 until 1957 on farm culture. trations of Presidents Coolidge, Hoo- support legislation than any other sin- I am pleased to honor such a distin- ver, Roosevelt, Truman and Eisen- gle issue, seeking to secure a safety net guished colleague, and we are pleased hower, Mr. Hope’s time in Congress was for farmers and, equally important, to support this bill from this side of a period of extraordinary change in our striving to ensure a stable supply of in- the aisle. Nation. Through the end of the roaring expensive food and fiber for consumers. Mr. MOORE. Mr. Speaker, I am pleased to 1920s, the Depression and World War II, His more lasting legislative accom- rise today in support of legislation authored by H3472 CONGRESSIONAL RECORD — HOUSE May 24, 1999 my friend and colleague from Kansas' Big be removed as a cosponsor of H.R. 1660. offices located in Philadelphia, Penn- First District, Representative JERRY MORAN, I believe it was an honest mistake. I sylvania. Pursuant to the long-stand- and cosponsored by the Kansas House of del- was confused with another Davis in the ing policy of the Committee on Govern- egation, that would designate the Garden City, House on that legislation. I do not sup- ment Reform, all of the Members of the Kansas, post office as the ``Clifford R. Hope port the legislation. House Delegation of the State of Penn- Post Office.'' The SPEAKER pro tempore. Is there sylvania support the legislation. Clifford Ragsdale Hope was born in Bir- objection to the request of the gen- Mr. Speaker, the committee voted mingham, Iowa, in 1903. He was educated in tleman from Virginia? unanimously to bring this legislation the public schools and attended Nebraska There was no objection. to the floor. I would also like to inform Wesleyan University of Lincoln, Nebraska. He f all of our colleagues that the Congres- graduated from my alma mater, Washburn sional Budget Office has reviewed this University School of Law, in Topeka, Kansas, ROXANNE H. JONES POST OFFICE bill, and estimates the enactment of in 1917, and was admitted to the Kansas bar BUILDING, FREEMAN HANKINS the provisions would have no signifi- that same year. POST OFFICE BUILDING, AND cant impact on the Federal budget and Clifford Hope then served in World War I as MAX WEINER POST OFFICE would not affect direct spending or re- a second lieutenant with the 35th and 85th Di- BUILDING ceipts. Therefore, pay-as-you-go proce- visions in the United States and France from Mr. DAVIS of Virginia. Mr. Speaker, dures would not apply. Furthermore, 1917±1919. After the war, he began the pri- I move to suspend the rules and pass the provision contains no intergovern- vate practice of law in Garden City, and the bill (H.R. 100) to establish designa- mental or private sector mandates as served in the Kansas House of Representa- tions for United States Postal Service defined in the Unfunded Mandates Re- tives from 1921±27, where he became speak- buildings in Philadelphia, Pennsyl- form Act, nor would it impose any er pro tempore in 1923 and speaker in 1925. vania. costs on State, local or tribal govern- Representative Hope was elected as a Re- The Clerk read as follows: ments. publican member of the 70th Congress and to H.R. 100 The legislation indicates the Postal Service building located at 2601 North the fourteen succeeding Congresses, serving Be it enacted by the Senate and House of Rep- from 1927 to 1957. He chaired the House Ag- resentatives of the United States of America in 16th Street, Philadelphia, Pennsyl- riculture Committee in the 80th and 83rd Con- Congress assembled, vania, be known and designated as the gresses, when his party held a majority of SECTION 1. ROXANNE H. JONES POST OFFICE ‘‘Roxanne H. Jones Post Office Build- seats in this body. He did not seek renomina- BUILDING. ing.’’ In 1984, Roxanne H. Jones was the tion in 1956, but returned to Garden City, (a) DESIGNATION.—The United States Post- first African-American woman elected where he served as president of Great Plains al Service building located at 2601 North 16th to the State Senate in Pennsylvania. Wheat, Inc., of Garden City, Kansas, from Street, in Philadelphia, Pennsylvania, shall She was reelected for two additional 1959±63. be known and designated as the ‘‘Roxanne H. terms prior to her death in 1997. During Jones Post Office Building’’. Former Representative Hope died in Garden her tenure, she helped pass legislation (b) REFERENCES.—Any reference in a law, City, Kansas, on May 16, 1970. He lived a life map, regulation, document, paper, or other that aided people on welfare to break dedicated to public service for his community, record of the United States to the building the cycle of welfare dependency by sup- state, and nation. Our home state of Kansas, referred to in subsection (a) shall be deemed porting legislation providing job train- the United States of America, and American to be a reference to the ‘‘Roxanne H. Jones ing opportunities, introducing and agriculture were all made better because of Post Office Building’’. passing legislation to expand afford- him. Mr. Speaker, I am pleased to have the SEC. 2. FREEMAN HANKINS POST OFFICE BUILD- able housing, and to obtain State fund- opportunity to present remarks in support of ING. ing for drug treatment centers for ad- this measure to name the Garden City post of- (a) DESIGNATION.—The United States Post- dicted mothers and their children. Ms. al Service building located at 5300 West Jef- fice after Clifford Hope and I am confident we Jones was a former welfare recipient. ferson Street, in Philadelphia, Pennsylvania, The bill also designates the Post Of- will see it signed into law in the near future. shall be known and designated as the ‘‘Free- Ms. NORTON. Mr. Speaker, I have no man Hankins Post Office Building’’. fice located at 5300 West Jefferson further requests for time, and I yield (b) REFERENCES.—Any reference in a law, Street in Pennsylvania as the ‘‘Free- back the balance of my time. map, regulation, document, paper, or other man Hankins Post Office Building.’’ Mr. DAVIS of Virginia. Mr. Speaker, record of the United States to the building Freeman Hankins was elected to the I yield back the balance of my time. referred to in subsection (a) shall be deemed Pennsylvania Senate in 1968 and served The SPEAKER pro tempore (Mr. to be a reference to the ‘‘Freeman Hankins until his retirement in 1989. He served Post Office Building’’. PEASE). The question is on the motion on the boards of the Pennsylvania offered by the gentleman from Virginia SEC. 3. MAX WEINER POST OFFICE BUILDING. Higher Development Agency, Lincoln (a) DESIGNATION.—The United States Post- (Mr. DAVIS) that the House suspend the University and the Mercy Douglas Cor- al Service building located at 2037 Chestnut rules and pass the bill, H.R. 197. poration. Street, in Philadelphia, Pennsylvania, shall Additionally, H.R. 100 provides that The question was taken; and (two- be known and designated as the ‘‘Max Weiner thirds having voted in favor thereof) Post Office Building’’. the United States Postal Service build- the rules were suspended and the bill (b) REFERENCES.—Any reference in a law, ing located at 2037 Chestnut Street in was passed. map, regulation, document, paper, or other Philadelphia be designated as the ‘‘Max A motion to reconsider was laid on record of the United States to the building Weiner Post Office building.’’ Mr. the table. referred to in subsection (a) shall be deemed Weiner, a steadfast advocate for con- to be a reference to the ‘‘Max Weiner Post f sumer rights and protections, was the Office Building’’. founder of the Consumers Education GENERAL LEAVE The SPEAKER pro tempore. Pursu- and Protective Association and the Mr. DAVIS of Virginia. Mr. Speaker, ant to the rule, the gentleman from Independent Consumer Party. He was I ask unanimous consent that all Mem- Virginia (Mr. DAVIS) and the gentle- effective in helping many Pennsylva- bers may have 5 legislative days within woman from the District of Columbia nians to keep their homes, heat their which to revise and extend their re- (Ms. NORTON) each will control 20 min- homes, protect their privacy and have marks on H.R. 197. utes. access to public transportation. The SPEAKER pro tempore. Is there The Chair recognizes the gentleman Mr. Speaker, I commend the gen- objection to the request of the gen- from Virginia (Mr. DAVIS). tleman from Pennsylvania for recog- tleman from Virginia? Mr. DAVIS of Virginia. Mr. Speaker, nizing these individuals who worked There was no objection. I yield myself such time as I may con- diligently for the betterment of their f sume. community. I urge my colleagues to The gentleman from Pennsylvania support H.R. 100 designating the nam- REMOVAL OF NAME OF MEMBER (Mr. FATTAH), who is also the ranking ing of three post offices in Philadel- AS COSPONSOR OF H.R. 1660 member on the Subcommittee on Post- phia. Mr. DAVIS of Virginia. Mr. Speaker, al Service, introduced H.R. 100 on Jan- Mr. Speaker, I reserve the balance of I ask unanimous consent that my name uary 6, 1999. The bill names three post my time. May 24, 1999 CONGRESSIONAL RECORD — HOUSE H3473 Ms. NORTON. Mr. Speaker, I yield lation, map, document, paper, or other Committee on Government Reform and myself such time as I may consume. record of the United States shall be consid- Oversight and on the Committee on Mr. Speaker, H.R. 100 was introduced ered to be a reference to the ‘‘Cardiss Collins Commerce. by my good friend and colleague, the Post Office Building’’. Section 2 of the legislation des- SEC. 2. OTIS GRANT COLLINS POST OFFICE gentleman from Pennsylvania (Mr. BUILDING. ignates the Postal Service building lo- FATTAH), the ranking minority mem- The facility of the United States Postal cated at 2302 South Pulaski Street in ber of the Subcommittee on the Postal Service located at 2302 South Pulaski Street Chicago, Illinois as the ‘‘Otis Grant Service. in Chicago, Illinois, is hereby designated as Collins Post Office Building.’’ Mr. Col- H.R. 100 establishes designations for the ‘‘Otis Grant Collins Post Office Build- lins served the 21st District in the Illi- United States Postal Service buildings ing’’. Any reference to such facility in a law, nois General Assembly for four terms. in Philadelphia, Pennsylvania. The regulation, map, document, paper, or other He is recognized as a premier activist record of the United States shall be consid- against insurance redlining in the gentleman from Pennsylvania (Mr. ered to be a reference to the ‘‘Otis Grant Col- FATTAH) has named post offices after lins Post Office Building’’. country. Mr. Collins died in 1992. three great community leaders: the SEC. 3. MARY ALICE (MA) HENRY POST OFFICE Section 3 of H.R. 1191 designates the late State Senator, Roxanne H. Jones, BUILDING. postal facility located at 4222 West the late State Senator Freeman The facility of the United States Postal Madison Street as the ‘‘Mary Alice Hankins, and the late Max Weiner, a Service located at 4222 West Madison Street (Ma) Henry Post Office Building.’’ Ma tireless advocate for consumer rights. I in Chicago, Illinois, is hereby designated as Henry was known as one of the leading am pleased to join the gentleman from the ‘‘Mary Alice (Ma) Henry Post Office activists on the West Side, dedicating Building’’. Any reference to such facility in Pennsylvania (Mr. FATTAH) in honoring a law, regulation, map, document, paper, or her life to serving humanity and build- such fine individuals. other record of the United States shall be ing her community. She developed a Mr. Speaker, I have no further re- considered to be a reference to the ‘‘Mary plan for a primary care clinic at Gar- quests for time, and I yield back the Alice (Ma) Henry Post Office Building’’. field Hospital and that was dedicated balance of my time. SEC. 4. ROBERT LEFLORE, JR. POST OFFICE in 1976 as the Mary Alice ‘‘Ma’’ Henry Mr. DAVIS of Virginia. Mr. Speaker, BUILDING. Family Health Center, and it presently I yield back the balance of my time. The facility of the United States Postal serves more than 20,000 patients yearly. The SPEAKER pro tempore. The Service located at 50001 West Division Street ‘‘Ma’’ Henry died in 1995. in Chicago, Illinois, is hereby designated as question is on the motion offered by the ‘‘Robert LeFlore, Jr. Post Office Build- H.R. 1191, in section 4, also names the the gentleman from Virginia (Mr. ing’’. Any reference to such facility in a law, postal facility located at 50001 West Di- DAVIS) that the House suspend the regulation, map, document, paper, or other vision Street as the ‘‘Robert LaFlore, rules and pass the bill, H.R. 100. record of the United States shall be consid- Jr. Post Office Building.’’ Mr. LaFlore The question was taken. ered to be a reference to the ‘‘Robert served in the Illinois General Assembly Mr. DAVIS of Virginia. Mr. Speaker, LeFlore, Jr. Post Office Building’’. for 11 years and was known as a power- on that I demand the yeas and nays. The SPEAKER pro tempore. Pursu- ful voice for the disadvantaged and un- The yeas and nays were ordered. ant to the rule, the gentleman from derprivileged. Prior to his death in The SPEAKER pro tempore. Pursu- Virginia (Mr. Davis) and the gentle- 1993, Mr. LaFlore left behind legisla- ant to clause 8 of rule XX and the woman from the District of Columbia tion to help children and senior citi- Chair’s prior announcement, further (Ms. Norton) each will control 20 min- zens. Mrthcoah proceedings on this motion will be utes. Mr. Speaker, this legislation has postponed. The Chair recognizes the gentleman passed both the subcommittee and the f from Virginia (Mr. DAVIS). committee levels. I urge all Members Mr. DAVIS of Virginia. Mr. Speaker, to support H.R. 1191, introduced by our GENERAL LEAVE I yield myself such time as I may con- distinguished colleague, the gentleman Mr. Davis of Virginia. Mr. Speaker, I sume. from Illinois (Mr. DAVIS). ask unanimous consent that all Mem- The gentleman from Illinois (Mr. Mr. Speaker, I reserve the balance of bers may have 5 legislative days within DAVIS), an active, dedicated and re- my time. which to revise and extend their re- spected member of the Subcommittee Ms. NORTON. Mr. Speaker, I yield marks on H.R. 100. on Postal Service, introduced H.R. 1191 myself such time as I may consume. The SPEAKER pro tempore. Is there on March 18, 1999. This legislation Mr. Speaker, H.R. 1191 was intro- objection to the request of the gen- names four post offices, all located in duced by my good friend and colleague, tleman from Virginia? Chicago, Illinois. the gentleman from Illinois (Mr. Pursuant to the policy of the Com- There was no objection. DAVIS). The gentleman from Illinois mittee on Government Reform, H.R. (Mr. DAVIS) is the sponsor of a bill to f 1191 enjoys the cosponsorship of all designate four postal facilities in the CARDISS COLLINS POST OFFICE members of the House Delegation from 7th Congressional District of Illinois. the State of Illinois. As was the case in BUILDING, OTIS GRANT COLLINS b 1500 POST OFFICE BUILDING, MARY previous bills naming post offices, the ALICE (MA) HENRY POST OFFICE Congressional Budget Office has deter- The four individuals the gentleman BUILDING, AND ROBERT mined that the enactment of this bill from Illinois (Mr. DAVIS) seeks to name LEFLORE, JR. POST OFFICE will have no significant impact on the these postal facilities for have a long BUILDING Federal budget and would not affect di- history of being servants, activists, he- rect spending or receipts. Therefore, roes and heroines in their respective Mr. DAVIS of Virginia. Mr. Speaker, pay-as-you-go procedures would not communities. In fact, the first person, I move to suspend the rules and pass apply. the honorable Cardiss Collins, is a the bill (H.R. 1191) to designate certain Section 1 of H.R. 1191 designates the former Member of Congress, well- facilities of the United States Postal facility of the United States Postal known to many Members of this body Service in Chicago, Illinois. Service located at 433 West Harrison and fondly remembered still. She The Clerk read as follows: Street in Chicago, Illinois as the served as ranking member of this very H.R. 1191 ‘‘Cardiss Collins Post Office Building.’’ committee, the Committee on Govern- Be it enacted by the Senate and House of Rep- Ms. Collins, many of us will remember, ment Reform and Oversight, before she resentatives of the United States of America in represented Illinois’ 7th Congressional retired in 1996. Congress assembled, District for 22 years. I had the pleasure Representative Collins represented SECTION 1. CARDISS COLLINS POST OFFICE and the opportunity to work with her the residents of the 7th Congressional BUILDING. for two of those years. She was the District for almost 24 years. I must The facility of the United States Postal Service located at 433 West Harrison Street first and only African-American take a moment to express my special in Chicago, Illinois, is hereby designated as woman from Illinois to serve in the and personal pleasure at this bill in the ‘‘Cardiss Collins Post Office Building’’. U.S. House of Representatives. She was Cardiss Collins’ name. She was a dear Any reference to such facility in a law, regu- known for her outstanding work on the and distinguished colleague in this H3474 CONGRESSIONAL RECORD — HOUSE May 24, 1999 House, much revered on both sides of Cardiss Collins’ career in Congress IMMIGRANT NURSES IN HEALTH PROFESSIONAL the aisle here. When I was elected to was highlighted by a number of notable SHORTAGE AREAS.—Section 101(a)(15)(H)(i) of Congress in 1990, she had served for positions. Congressman Collins was the the Immigration and Nationality Act (8 ranking minority member on the Gov- U.S.C. 1101(a)(15)(H)(i)) is amended by strik- some years then as the only black ing ‘‘; or’’ at the end and inserting the fol- woman in the Congress, because others ernment Operations Committee, Where lowing: ‘‘, or (c) who is coming temporarily had left. During that time and for her she chaired the Subcommittee on Man- to the United States to perform services as a entire career here, however, she was power and Housing. Cardiss Collins was registered nurse, who meets the qualifica- known for her devotion, not only to her the first African American and the tions described in section 212(m)(1), and with Chicago constituents and to women First woman to serve as Democratic respect to whom the Secretary of Labor de- and to people of color, but for her dedi- whip-at-large. In 1979, Collins was the termines and certifies to the Attorney Gen- Chairwoman of the Congressional eral that an unexpired attestation is on file cation to the American people. and in effect under section 212(m)(2) for the Cardiss Collins is remembered here Black Caucus. facility (as defined in section 212(m)(6)) for for her astute judgment, for her abil- Congresswoman Collins’ commitment which the alien will perform the services; ity, for her collegiality and for her to the people of her district and the or’’. dedication. It is a special pleasure to people of Illinois was apparent even be- (b) REQUIREMENTS.—Section 212(m) of the speak to this bill in particular, and I fore she came to Congress. A graduate Immigration and Nationality Act (8 U.S.C. of Northwestern University, she began 1182(m)) is amended to read as follows: know that the gentleman from Illinois ‘‘(m)(1) The qualifications referred to in (Mr. DAVIS) will regret that he was de- her career at the Illinois Department of Labor. She later went on to the Illi- section 101(a)(15)(H)(i)(c), with respect to an tained on an airplane and unable to alien who is coming to the United States to perform this particular service for a nois Department of Revenue. Cardiss perform nursing services for a facility, are woman I know is also his very good Collins’ commitment to the American that the alien— friend. political system was also evident ‘‘(A) has obtained a full and unrestricted The second postal facility is named through her service as Democratic license to practice professional nursing in for Otis Grant Collins, who, prior to his Committeeman of the 24th Ward. the country where the alien obtained nursing education or has received nursing education death in 1992, was recognized as one of Again, I applaud the most honorable career and dedication of Congress- in the United States; the premier activists in apprenticeship ‘‘(B) has passed an appropriate examina- training in this country. In addition, woman Collins. I am proud to join my colleagues in the Illinois delegation tion (recognized in regulations promulgated while serving as state representative in in consultation with the Secretary of Health who share this sentiment. the Illinois General Assembly, he was a and Human Services) or has a full and unre- Ms. NORTON. Mr. Speaker, I yield champion of laws that protected mi- stricted license under State law to practice back the balance of my time. nority communities from redlining. professional nursing in the State of intended Mr. DAVIS of Virginia. Mr. Speaker, employment; and The third postal facility is named for I yield back the balance of my time. Mary Alice Ma Henry, who, prior to her ‘‘(C) is fully qualified and eligible under The SPEAKER pro tempore. The the laws (including such temporary or in- death in 1995, was recognized as one of question is on the motion offered by terim licensing requirements which author- Chicago’s most caring and compas- the gentleman from Virginia (Mr. ize the nurse to be employed) governing the sionate community activists. She is re- DAVIS) that the House suspend the place of intended employment to engage in membered as a courageous leader for rules and pass the bill, H.R. 1191. the practice of professional nursing as a reg- the poor, uninsured and the left out of The question was taken; and (two- istered nurse immediately upon admission to our society. In 1976, the Mary Alice Ma thirds having voted in favor thereof) the United States and is authorized under Henry Family Health Center was dedi- such laws to be employed by the facility. the rules were suspended and the bill ‘‘(2)(A) The attestation referred to in sec- cated and now serves over 20,000 pa- was passed. tion 101(a)(15)(H)(i)(c), with respect to a fa- tients every year. A motion to reconsider was laid on cility for which an alien will perform serv- The fourth postal facility is named the table. ices, is an attestation as to the following: after former state representative Rob- f ‘‘(i) The facility meets all the require- ert LeFlore, Jr., who, prior to his death ments of paragraph (6). in 1993, was recognized as a leading ad- GENERAL LEAVE ‘‘(ii) The employment of the alien will not vocate for the disadvantaged and the Mr. DAVIS of Virginia. Mr. Speaker, adversely affect the wages and working con- underprivileged. He was a tireless I ask unanimous consent that all Mem- ditions of registered nurses similarly em- bers may have 5 legislative days within ployed. worker on behalf of seniors and chil- ‘‘(iii) The alien employed by the facility dren, and his contributions will be re- which to revise and extend their re- will be paid the wage rate for registered membered for a long time. marks on H.R. 1191. nurses similarly employed by the facility. These individuals represent the best The SPEAKER pro tempore. Is there ‘‘(iv) The facility has taken and is taking of Chicago and the nation. Their con- objection to the request of the gen- timely and significant steps designed to re- tributions have been significant and tleman from Virginia? cruit and retain sufficient registered nurses their legacies have been embedded in There was no objection. who are United States citizens or immi- the communities they touched. I am f grants who are authorized to perform nurs- pleased to sponsor this bill on behalf of ing services, in order to remove as quickly as NURSING RELIEF FOR DISADVAN- reasonably possible the dependence of the fa- some of the great African American TAGED AREAS ACT OF 1999 cility on nonimmigrant registered nurses. leaders in the Chicago community and Mr. ROGAN. Mr. Speaker, I move to ‘‘(v) There is not a strike or lockout in the in our country. suspend the rules and pass the bill course of a labor dispute, the facility did not Ms. SCHAKOWSKY. Mr. Speaker, lay off and will not lay off a registered nurse (H.R. 441) to amend the Immigration today I join with my colleagues in employed by the facility within the period and Nationality Act with respect to commemorating the contributions of beginning 90 days before and ending 90 days the requirements for the admission of an outstanding former Member of Con- after the date of filing of any visa petition, nonimmigrant nurses who will practice gress. Cardiss Collins, who served in and the employment of such an alien is not in health professional shortage areas. intended or designed to influence an election Congress from 1973 to 1985 representing The Clerk read as follows: for a bargaining representative for registered Illinois’ 7th district, was a leader in so H.R. 441 nurses of the facility. many ways. Naming a Chicago postal Be it enacted by the Senate and House of Rep- ‘‘(vi) At the time of the filing of the peti- building after her is a much deserved resentatives of the United States of America in tion for registered nurses under section honor. Congress assembled, 101(a)(15)(H)(i)(c), notice of the filing has After losing her husband in a tragic SECTION 1. SHORT TITLE. been provided by the facility to the bar- plane crash, Cardiss Collins committed This Act may be cited as the ‘‘Nursing Re- gaining representative of the registered to continuing the fight for social jus- lief for Disadvantaged Areas Act of 1999’’. nurses at the facility or, where there is no such bargaining representative, notice of the tice, won the 1973 special elections and SEC. 2. REQUIREMENTS FOR ADMISSION OF NON- filing has been provided to the registered began a distinguished tenure here in IMMIGRANT NURSES IN HEALTH PROFESSIONAL SHORTAGE AREAS nurses employed at the facility through Washington. Her six terms of service DURING 4-YEAR PERIOD. posting in conspicuous locations. were then the longest service for an Af- (a) ESTABLISHMENT OF A NEW NON- ‘‘(vii) The facility will not, at any time, rican American female. IMMIGRANT CLASSIFICATION FOR NON- employ a number of aliens issued visas or May 24, 1999 CONGRESSIONAL RECORD — HOUSE H3475 otherwise provided nonimmigrant status aggrieved person or organization (including ter exceeds the number of qualified non- under section 101(a)(15)(H)(i)(c) that exceeds bargaining representatives, associations immigrants who may be issued such visas 33 percent of the total number of registered deemed appropriate by the Secretary, and during those quarters, the visas made avail- nurses employed by the facility. other aggrieved parties as determined under able under this paragraph shall be issued ‘‘(viii) The facility will not, with respect to regulations of the Secretary). The Secretary without regard to the numerical limitation any alien issued a visa or otherwise provided shall conduct an investigation under this under subparagraph (A) or (B) of this para- nonimmigrant status under section clause if there is reasonable cause to believe graph during the last fiscal year quarter. 101(a)(15)(H)(i)(c)— that a facility fails to meet conditions at- ‘‘(5) A facility that has filed a petition ‘‘(I) authorize the alien to perform nursing tested to. Subject to the time limits estab- under section 101(a)(15)(H)(i)(c) to employ a services at any worksite other than a work- lished under this clause, this subparagraph nonimmigrant to perform nursing services site controlled by the facility; or shall apply regardless of whether an attesta- for the facility— ‘‘(II) transfer the place of employment of tion is expired or unexpired at the time a ‘‘(A) shall provide the nonimmigrant a the alien from one worksite to another. complaint is filed. wage rate and working conditions commen- Nothing in clause (iv) shall be construed as ‘‘(iii) Under such process, the Secretary surate with those of nurses similarly em- requiring a facility to have taken significant shall provide, within 180 days after the date ployed by the facility; steps described in such clause before the date such a complaint is filed, for a determina- ‘‘(B) shall require the nonimmigrant to of the enactment of the Nursing Relief for tion as to whether or not a basis exists to work hours commensurate with those of Disadvantaged Areas Act of 1999. A copy of make a finding described in clause (iv). If the nurses similarly employed by the facility; the attestation shall be provided, within 30 Secretary determines that such a basis ex- and days of the date of filing, to registered ists, the Secretary shall provide for notice of ‘‘(C) shall not interfere with the right of nurses employed at the facility on the date such determination to the interested parties the nonimmigrant to join or organize a of filing. and an opportunity for a hearing on the com- union. ‘‘(B) For purposes of subparagraph (A)(iv), plaint within 60 days of the date of the deter- ‘‘(6) For purposes of this subsection and each of the following shall be considered a mination. section 101(a)(15)(H)(i)(c), the term ‘facility’ ‘‘(iv) If the Secretary of Labor finds, after significant step reasonably designed to re- means a subsection (d) hospital (as defined in notice and opportunity for a hearing, that a cruit and retain registered nurses: section 1886(d)(1)(B) of the Social Security facility (for which an attestation is made) ‘‘(i) Operating a training program for reg- has failed to meet a condition attested to or Act (42 U.S.C. 1395ww(d)(1)(B))) that meets istered nurses at the facility or financing (or that there was a misrepresentation of mate- the following requirements: providing participation in) a training pro- rial fact in the attestation, the Secretary ‘‘(A) As of March 31, 1997, the hospital was gram for registered nurses elsewhere. shall notify the Attorney General of such located in a health professional shortage ‘‘(ii) Providing career development pro- finding and may, in addition, impose such area (as defined in section 332 of the Public grams and other methods of facilitating other administrative remedies (including Health Service Act (42 U.S.C. 254e)). health care workers to become registered civil monetary penalties in an amount not to ‘‘(B) Based on its settled cost report filed nurses. exceed $1,000 per nurse per violation, with under title XVIII of the Social Security Act ‘‘(iii) Paying registered nurses wages at a the total penalty not to exceed $10,000 per for its cost reporting period beginning during rate higher than currently being paid to reg- violation) as the Secretary determines to be fiscal year 1994— istered nurses similarly employed in the geo- appropriate. Upon receipt of such notice, the ‘‘(i) the hospital has not less than 190 li- graphic area. Attorney General shall not approve petitions censed acute care beds; ‘‘(iv) Providing reasonable opportunities filed with respect to a facility during a pe- ‘‘(ii) the number of the hospital’s inpatient for meaningful salary advancement by reg- riod of at least one year for nurses to be em- days for such period which were made up of istered nurses. ployed by the facility. patients who (for such days) were entitled to The steps described in this subparagraph ‘‘(v) In addition to the sanctions provided benefits under part A of such title is not less shall not be considered to be an exclusive list for under clause (iv), if the Secretary of than 35 percent of the total number of such of the significant steps that may be taken to Labor finds, after notice and an opportunity hospital’s acute care inpatient days for such meet the conditions of subparagraph (A)(iv). for a hearing, that a facility has violated the period; and Nothing in this subparagraph shall require a condition attested to under subparagraph ‘‘(iii) the number of the hospital’s inpa- facility to take more than one step if the fa- (A)(iii) (relating to payment of registered tient days for such period which were made cility can demonstrate that taking a second nurses at the prevailing wage rate), the Sec- up of patients who (for such days) were eligi- step is not reasonable. retary shall order the facility to provide for ble for medical assistance under a State plan ‘‘(C) Subject to subparagraph (E), an attes- payment of such amounts of back pay as approved under title XIX of the Social Secu- tation under subparagraph (A)— may be required to comply with such condi- rity Act, is not less than 28 percent of the ‘‘(i) shall expire on the date that is the tion. total number of such hospital’s acute care later of— ‘‘(F)(i) The Secretary of Labor shall im- inpatient days for such period. ‘‘(I) the end of the one-year period begin- pose on a facility filing an attestation under ‘‘(7) For purposes of paragraph (2)(A)(v), ning on the date of its filing with the Sec- subparagraph (A) a filing fee, in an amount the term ‘lay off’, with respect to a worker— retary of Labor; or prescribed by the Secretary based on the ‘‘(A) means to cause the worker’s loss of ‘‘(II) the end of the period of admission costs of carrying out the Secretary’s duties employment, other than through a discharge under section 101(a)(15)(H)(i)(c) of the last under this subsection, but not exceeding for inadequate performance, violation of alien with respect to whose admission it was $250. workplace rules, cause, voluntary departure, ‘‘(ii) Fees collected under this subpara- applied (in accordance with clause (ii)); and voluntary retirement, or the expiration of a graph shall be deposited in a fund established ‘‘(ii) shall apply to petitions filed during grant or contract; but for this purpose in the Treasury of the the one-year period beginning on the date of ‘‘(B) does not include any situation in United States. its filing with the Secretary of Labor if the which the worker is offered, as an alter- ‘‘(iii) The collected fees in the fund shall be native to such loss of employment, a similar facility states in each such petition that it available to the Secretary of Labor, to the continues to comply with the conditions in employment opportunity with the same em- extent and in such amounts as may be pro- ployer at equivalent or higher compensation the attestation. vided in appropriations Acts, to cover the ‘‘(D) A facility may meet the requirements and benefits than the position from which costs described in clause (i), in addition to the employee was discharged, regardless of under this paragraph with respect to more any other funds that are available to the whether or not the employee accepts the than one registered nurse in a single peti- Secretary to cover such costs. offer. tion. ‘‘(3) The period of admission of an alien ‘‘(E)(i) The Secretary of Labor shall com- under section 101(a)(15)(H)(i)(c) shall be 3 Nothing in this paragraph is intended to pile and make available for public examina- years. limit an employee’s or an employer’s rights tion in a timely manner in Washington, D.C., ‘‘(4) The total number of nonimmigrant under a collective bargaining agreement or a list identifying facilities which have filed visas issued pursuant to petitions granted other employment contract.’’. petitions for nonimmigrants under section under section 101(a)(15)(H)(i)(c) in each fiscal (c) REPEALER.—Clause (i) of section 101(a)(15)(H)(i)(c) and, for each such facility, year shall not exceed 500. The number of 101(a)(15)(H) of the Immigration and Nation- a copy of the facility’s attestation under such visas issued for employment in each ality Act (8 U.S.C. 1101(a)(15)(H)(i)) is amend- subparagraph (A) (and accompanying docu- State in each fiscal year shall not exceed the ed by striking subclause (a). mentation) and each such petition filed by following: (d) IMPLEMENTATION.—Not later than 90 the facility. ‘‘(A) For States with populations of less days after the date of enactment of this Act, ‘‘(ii) The Secretary of Labor shall establish than 9,000,000, based upon the 1990 decennial the Secretary of Labor (in consultation, to a process, including reasonable time limits, census of population, 25 visas. the extent required, with the Secretary of for the receipt, investigation, and disposition ‘‘(B) For States with populations of Health and Human Services) and the Attor- of complaints respecting a facility’s failure 9,000,000 or more, based upon the 1990 decen- ney General shall promulgate final or in- to meet conditions attested to or a facility’s nial census of population, 50 visas. terim final regulations to carry out section misrepresentation of a material fact in an ‘‘(C) If the total number of visas available 212(m) of the Immigration and Nationality attestation. Complaints may be filed by any under this paragraph for a fiscal year quar- Act (as amended by subsection (b)). H3476 CONGRESSIONAL RECORD — HOUSE May 24, 1999 (e) LIMITING APPLICATION OF NONIMMIGRANT have been approved under subsection Medicare patients. Finally, a certain CHANGES TO 4-YEAR PERIOD.—The amend- (a)(5)(C) for the certification of nurses under percentage of patients would have to be ments made by this section shall apply to this subsection.’’. Medicaid patients. classification petitions filed for non- (2) Section 212(a)(5)(C) of the Immigration The H–1C program created by this immigrant status only during the 4-year pe- and Nationality Act (8 U.S.C. 1182(a)(5)(C)) is riod beginning on the date that interim or amended by striking ‘‘Any alien who seeks’’ bill would adopt those protections for final regulations are first promulgated under and inserting ‘‘Subject to subsection (r), any American nurses contained in the ex- subsection (d). alien who seeks’’. pired H–1A program. For instance, for a SEC. 3. RECOMMENDATIONS FOR ALTERNATIVE (b) EFFECTIVE DATE.—The amendments hospital to be eligible for H–1C nurses, REMEDY FOR NURSING SHORTAGE. made by subsection (a) shall take effect on it would have to agree to take timely Not later than the last day of the 4-year the date of the enactment of this Act, with- and significant steps to recruit Amer- period described in section 2(e), the Sec- out regard to whether or not final regula- ican nurses. Also H–1C nurses would retary of Health and Human Services and the tions to carry out such amendments have have to be paid the prevailing wage. been promulgated by such date. Secretary of Labor shall jointly submit to Additional protections have also been (c) ISSUANCE OF CERTIFIED STATEMENTS.— the Congress recommendations (including added. H–1C nurses cannot be able to legislative specifications) with respect to the The Commission on Graduates of Foreign following: Nursing Schools, or any approved equivalent comprise more than 33 percent of a hos- (1) A program to eliminate the dependence independent credentialing organization, pital’s workforce of registered nurses of facilities described in section 212(m)(6) of shall issue certified statements pursuant to and a hospital cannot contract H–1C the Immigration and Nationality Act (as the amendment under subsection (a) not nurses to work at another facility. amended by section 2(b)) on nonimmigrant more than 35 days after the receipt of a com- Our goal should be that set out by registered nurses by providing for a perma- plete application for such a statement. the Immigration Nursing Relief Advi- nent solution to the shortage of registered The SPEAKER pro tempore. Pursu- sory Committee created by the Immi- nurses who are United States citizens or ant to the rule, the gentleman from gration Nursing Relief Act of 1989. We aliens lawfully admitted for permanent resi- California (Mr. ROGAN) and the gen- dence. need to balance both the continuing tleman from Guam (Mr. UNDERWOOD) (2) A method of enforcing the requirements need for foreign nurses in certain spe- imposed on facilities under sections each will control 20 minutes. cialties and localities for which there 101(a)(15)(H)(i)(c) and 212(m) of the Immigra- The Chair recognizes the gentleman are not adequate domestic registered tion and Nationality Act (as amended by sec- from California (Mr. ROGAN). nurses and the need to continue to less- tion 2) that would be more effective than the GENERAL LEAVE en employers’ dependence on foreign process described in section 212(m)(2)(E) of Mr. ROGAN. Mr. Speaker, I ask registered nurses and protect the wages such Act (as so amended). unanimous consent that all Members and working conditions of U.S. reg- SEC. 4. CERTIFICATION FOR CERTAIN ALIEN may have 5 legislative days within istered nurses. NURSES. which to revise and extend their re- Mr. Speaker, I believe this bill suc- (a) IN GENERAL.— (1) Section 212 of the Immigration and Na- marks on H.R. 441. cessfully balances both these needs. Be- tionality Act (8 U.S.C. 1182) is amended by The SPEAKER pro tempore. Is there cause it is so narrowly drafted it is not adding at the end the following new sub- objection to the request of the gen- opposed by the American Nurses Asso- section: tleman from California? ciation. I urge my colleagues to sup- ‘‘(r) Subsection (a)(5)(C) shall not apply to There was no objection. port the bill. an alien who seeks to enter the United Mr. ROGAN. Mr. Speaker, I yield my- Mr. Speaker, I reserve the balance of States for the purpose of performing labor as self such time as I may consume. my time. a nurse who presents to the consular officer Mr. Speaker, because of a shortage of Mr. UNDERWOOD. Mr. Speaker, I (or in the case of an adjustment of status, nurses in the late 1980’s, Congress yield myself such time as I may con- the Attorney General) a certified statement from the Commission on Graduates of For- passed the Immigration Nursing Relief sume. eign Nursing Schools (or an equivalent inde- Act of 1989. That act created for a pe- Mr. Speaker, I rise in support of this pendent credentialing organization approved riod of 5 years the H–1A temporary visa legislation introduced by the gen- for the certification of nurses under sub- program for registered nurses. When tleman from Illinois (Mr. RUSH) which section (a)(5)(C) by the Attorney General in the H–1A program sunset, the House of addresses a pressing need for nurses at consultation with the Secretary of Health Representatives decided against ex- low income inner-city hospitals. When and Human Services) that— tending it. similar legislation was proposed last ‘‘(1) the alien has a valid and unrestricted There does not appear to be a na- Congress, I expressed my concerns that license as a nurse in a State where the alien intends to be employed and such State tional nursing shortage today, so there it did not include adequate safeguards verifies that the foreign licenses of alien is no need to revise the H–1A program. to protect American workers. Fortu- nurses are authentic and unencumbered; However, a number of hospitals with nately, this legislation was amended to ‘‘(2) the alien has passed the National unique circumstances are still experi- specify that the relief was only tem- Council Licensure Examination (NCLEX); encing great difficulty in attracting porary and to allow us to move more ‘‘(3) the alien is a graduate of a nursing American nurses. Hospitals serving firmly in the direction of developing a program— mostly poor patients in inner-cities more permanent solution to this prob- ‘‘(A) in which the language of instruction have special difficulties. So do certain lem that will utilize nurses from the was English; ‘‘(B) located in a country— hospitals in rural areas. American workforce instead of con- ‘‘(i) designated by such commission not H.R. 441, the Nursing Relief for Dis- tinuing to rely on foreign labor. I sup- later than 30 days after the date of the enact- advantaged Areas Act of 1999, intro- ported the revised bill, which passed ment of the Nursing Relief for Disadvan- duced by the gentleman from Illinois the committee in the House last year taged Areas Act of 1999, based on such com- (Mr. RUSH), has been drafted very nar- before we ran out of time in the Sen- mission’s assessment that the quality of rowly to help precisely these kind of ate. nursing education in that country, and the hospitals. It will create a new tem- The legislation being considered English language proficiency of those who porary registered nurse visa program today is nearly identical to the legisla- complete such programs in that country, jus- designated H–1C that would provide up tify the country’s designation; or tion the House approved last Congress. ‘‘(ii) designated on the basis of such an as- to 500 visas a year and that would sun- It would allow up to 500 fully qualified sessment by unanimous agreement of such set in 4 years. foreign nurses to enter the United commission and any equivalent To be able to petition for an alien, an States each year to work for 3 year pe- credentialing organizations which have been employer would have to meet 4 condi- riods at hospitals that have not been approved under subsection (a)(5)(C) for the tions: First, the employer would have able to hire enough nurses from the certification of nurses under this subsection; to be located in a health professional American workforce. and shortage area as designated by the De- Since we are facing a temporary ‘‘(C)(i) which was in operation on or before partment of Health and Human Serv- shortage of workers, the legislation the date of the enactment of the Nursing Re- lief for Disadvantaged Areas Act of 1999; or ices. Second, the employer would have sunsets in 4 years. The bill also pro- ‘‘(ii) has been approved by unanimous to have at least 190 acute care beds. vides for a determination to be made agreement of such commission and any Third, a certain percentage of the em- on whether the hospitals are taking equivalent credentialing organizations which ployer’s patients would have to be reasonable steps to recruit and retain May 24, 1999 CONGRESSIONAL RECORD — HOUSE H3477 nurses from the American workforce. ing organization. ‘‘We have a long- sion of health care services without the In addition, the Department of Labor standing interest in the development of help of the alien nurses to essentially and the Department of Health and nursing workforce policy.’’ sponsor such a nurse. Human Services would be required to ‘‘Overall, the ANA believes that we Nurses admitted under the program conduct a study to establish ways for need to address the root causes for the were permitted to stay in the United these American hospitals to meet their instability of the nursing workforce States for an initial period of 3 years, staffing needs with nurses from the that has led to swings in the supply but that period was subject to a pos- American workforce instead of con- and demand of registered nurses. It is sible extension up to a total of 5 years. tinuing to rely on foreign labor. clear that over reliance on foreign edu- The New York City, Chicago, Houston, Finally, the legislation also includes cated nurses by the hospital industry Los Angeles and Miami areas ac- a provision creating an abbreviated serves only to postpone real efforts to counted for two-thirds of all petitions certification process for foreign nurses address the nursing workforce needs of filed because of the enormous need in who meet specified qualification stand- the United States.’’ these communities. ards. This change is needed to elimi- However, they remain neutral, and I support H.R. 441 because it creates nate unnecessary and inappropriate state they will ‘‘look forward to ongo- a new registered nurse temporary visa steps in the certification process for ing discussions with the committee to program that would sunset after 5 ensuring the qualifications of these address this complex issue.’’ years in collaboration with the insight nurses to work in the United States. Mr. Speaker, I include the letter for provided for us by the American Nurses I am a proud cosponsor of this bill, the RECORD. Association. It would limit the number and I would certainly like to congratu- AMERICAN NURSES ASSOCIATION, of visas that can be issued to 50 a year late the work of the gentleman from Il- 600 MARYLAND AVENUE, SW, and hospitals would be able to petition Washington, DC, March 18, 1999. linois (Mr. RUSH), the gentleman from for an alien nurse to those in need. Hon. SHEILA JACKSON LEE, Illinois (Mr. HYDE), the gentleman Ranking Minority Member, Subcommittee on H.R. 441 would serve to decrease the from Michigan (Mr. CONYERS), and, of Immigration and Claims, Washington, DC nursing shortage in the United States course, the gentlewoman from Texas DEAR CONGRESSWOMAN LEE: The American and set up a new H–1C visa program. (Ms. JACKSON-LEE) on H.R. 441. Nurses Association (ANA) appreciates the I would also like to note, as I indi- On a note relating to Guam, Guam, opportunity to comment on H.R. 441, the cated earlier again, that the American unfortunately, does not qualify because Nursing Relief for Disadvantaged Areas Act Nurses Association has offered them- of a certain threshold here on hospital of 1999. As the only full-service professional selves to work and collaborate with us beds, but certainly I hope we will be nursing organization, we have a long-stand- ing interest in the development of nursing on stabilizing the nursing profession. able to work that out at some time workforce policy. There is no greater asset to our hos- along in the process or perhaps with Overall, ANA believes that we need to ad- pital and health profession industry, if different legislation. dress the root causes for the instability of you will, or the nurturing of Americans Mr. Speaker, I yield such time as she the nursing workforce that has led to swings that does not include our nursing pro- may consume to the gentlewoman from in the supply and demand of registered fessionals, whether it is in home care, Texas (Ms. JACKSON-LEE). nurses. It is clear that over reliance on for- whether it is in our community clinics, eign educated nurses by the hospital indus- Ms. JACKSON-LEE of Texas. Mr. or whether it is in our hospitals. They Speaker, I thank the distinguished gen- try serves only to postpone real efforts to ad- dress the nursing workforce needs of the are an important aspect of our medical tleman from Guam, one, for his cospon- United States. system in this Nation. sorship and leadership, and certainly I With regard to H.R. 441, ANA has taken a b 1515 appreciate his effort on our behalf with position of neutrality. However, ANA will respect to managing the time on this adamantly oppose any amendments which So I am delighted that they are not legislation. seek to broaden the application of this visa opposing this legislation. The distinguished gentleman from or would lessen the protections afforded reg- I also want to close, simply, Mr. California (Mr. ROGAN) and, of course, istered nurses under this measure. Speaker, by acknowledging again the ANA looks forward to opportunities for on- gentleman from Illinois (Mr. RUSH) the distinguished gentleman from going discussions with the Committee as Texas (Mr. SMITH), the chairman of they seek to address this complex issue. who has worked on this legislation for this committee, and myself are de- Sincerely, now two sessions, and we are delighted lighted to bring H.R. 441 to the floor of BEVERLY L. MALONE, PHD, RN, that we are able to bring it to the floor the House. We want to congratulate President. of the House. and applaud the gentleman from Illi- Mr. Speaker, they too recognize the I know that the gentleman from Illi- nois (Mr. RUSH), who had the insight importance of addressing the question nois (Mr. RUSH) was en route, but all of and leadership to bring this legislation of the shortage of nurses. I want to us has found ourselves struggling with forward. thank them for their responsible letter the air traffic today. I know that he I would like to take the time, Mr. that says that they will not oppose this will want to submit his statement into Speaker, to read into the record the legislation and will work along with the RECORD. I want to congratulate words and comments of the American us. him. Nurses Association, and will subse- They have worked with us during Mr. UNDERWOOD. Mr. Speaker, I quently have this letter submitted into this process to ensure that the process certainly would like to again reiterate the RECORD. would be limited and, I believe, with our congratulations to the gentleman I read the letter primarily because I the leadership of the gentleman from from Illinois (Mr. RUSH) for his dili- think this is also, this legislation, an Illinois (Mr. RUSH) and the gentleman gence in this, and I thank the majority affirmation of the importance of nurses from Texas (Chairman SMITH), that we for their cooperation. in our Nation. We want to thank them. have come to a point where all of us Mr. Speaker, I yield back the balance The American Nurses Association can agree on this legislation. of my time. stands as the longstanding organiza- The Registered Nurse Temporary Mr. RUSH. Mr. Speaker, I rise today to en- tion, the only full service professional Visa Program was created by the Im- courage my colleagues to vote for H.R. 441, nursing organization in the country, migration Nursing Relief Act of 1989 the Nursing Relief for Disadvantaged Areas along with, of course, other organiza- and expired in 1997. The Immigration Act of 1999. tions that have organized themselves Nursing Relief Act was enacted in re- My reason for introducing and encouraging around nursing. sponse to a nationwide shortage of support for this legislation is simpleÐit will as- The letter begins, ‘‘Dear Congress- nurses sufficient to disrupt the deliv- sist the underserved communities of this na- woman Lee, the American Nurses Asso- ery of services to patients in some of tion by providing adequate health care for their ciation appreciates the opportunity to our health care institutions and to po- residents. comment on H.R. 441, the Nursing Re- tentially place patients in jeopardy. Today, there are some areas in this country lief Act for Disadvantaged Areas of The program allowed health care in- which experience a scarcity of health profes- 1999.’’ They again state that they are stitutions who attested there would be sionals, even though numbers indicate that no the only full service professional nurs- a substantial disruption in the provi- nursing shortage exists nationally. Such an H3478 CONGRESSIONAL RECORD — HOUSE May 24, 1999 area exists in my district, the First Congres- underserved, impoverished communities are The bill also provides for a determination to sional District of Illinois. The Englewood com- unable to meet their requirements. be made on whether the hospitals are taking munity, a poor, urban neighborhood with a H.R. 441 provides such hospitals relief in reasonable steps to recruit and retain nurses high incidence of crime, is primarily served by compelling circumstances by facilitating the from the American work force. In addition, the St. Bernard's Hospital. This small community temporary admission to the United States of Department of Labor and the Department of hospital's emergency room averages approxi- registered nurses in an H±1C nonimmigrant Health and Human Services would be required mately 31,000 visits per year; 50% of their pa- visa categoryÐsubject to a nationwide ceiling to conduct a study to establish ways for these tients are Medicaid recipients and 35% receive of 500 visas issued annually and limits of 50 hospitals to meet their staffing needs with Medicare. or 25 (depending on a state's population) on nurses from the American work force instead The Immigration Nursing Relief Act of 1989 the numbers of nurses who can receive visas of continuing to rely on foreign labor. created the H±1A visa program in order to each year for employment by hospitals in any Finally, the legislation also includes a provi- allow foreign educated nurses to work in the one state. The legislation includes an excep- sion creating an abbreviated certification proc- United States. the rationale for the H1±A pro- tion from per state limits to facilitate the poten- ess for foreign nurses who meet specified gram, as acknowledged by the AFL±CIO, the tial use of otherwise unused visasÐas long as qualification standards. This change is needed American Nurses Association and others, was the annual nationwide ceiling is not breached. to eliminate unnecessary and inappropriate to address spot shortage areas. St. Bernard's This narrowly focused program for nurses, steps in the certification process for ensuring Hospital utilized the H1±A program to maintain which will sunset after a four period, address- the qualifications of these nurses to work in an adequate nursing staff level. The H1±A es urgent needs that cannot be met in any the United States. program was vital to St. Bernard's continued other way. The House bill was introduced by Mr. ROGAN. Mr. Speaker, I thank existence. Prior to this program, St. Bernard our colleague from Illinois, Mr. RUSH, with my my colleagues for their comments. hired temporary nurses. As a result, the hos- cosponsorshipÐand its Senate counterpart Mr. Speaker, I have no further re- pital's nursing expenditures increased by ap- was introduced by Senator DURBIN with Sen- quests for time, and I yield back the proximately $2 million in an effort to provide ator HUTCHISON's cosponsorship. balance of my time. health care to its patients in 1992. This addi- I became involved in this effort to enact re- The SPEAKER pro tempore (Mr. tional cost brought St. Bernard's close to clos- medial legislation when Saint Bernard Hos- PEASE). The question is on the motion ing its doors. The H1±A visa program expired pital, located in the Englewood Community in offered by the gentleman from Cali- on September 30th of 1997. Currently, no pro- Chicago, brought its precarious situation with fornia (Mr. ROGAN) that the House sus- gram exists that would assist hospitals such regard to nursing shortages to my attention pend the rules and pass the bill, H.R. as St. Bernards in their effort to retain quali- during the last Congress. Because I knew the 441. fied nurses. continued functioning of Saint Bernard Hos- The question was taken; and (two- My legislation merely seeks to close the gap pital would be so essential to the residents of thirds having voted in favor thereof) created by the expiration of the H1±A pro- the Englewood Community, I decided to en- the rules were suspended and the bill gram. H.R. 441, prescribes that any hospital dorse an appropriately limited legislative rem- was passed. which seeks to hire foreign nurses under edy. A motion to reconsider was laid on these provisions must meet the following cri- H.R. 441, like the bill that passed the House the table. teria: (1) be located in a Health Professional last year, clearly merits bipartisan congres- f Shortage Area; (2) have at least 190 acute sional support. It provides relief to particularly care beds; (3) have a medicare population of vulnerable hospitals and incorporates many COMMUNICATION FROM THE 35%; and (4) have a Medicaid population of at safeguards designed to protect American jobs. CLERK OF THE HOUSE I commend the gentleman from Texas least 28%. The Speaker pro tempore laid before [LAMAR SMITH], Chairman of the Subcommittee As one who has always fought for the the House the following communica- on Immigration and Claims, and the gen- American worker, I can assure you, that this tion from the Clerk of the House of tleman form Michigan [JOHN CONYERS], Rank- proposal does not have a detrimental effect on Representatives: American nurses. My legislation sets a cap on ing Minority Member of our full committee, for OFFICE OF THE CLERK, the number of new visas that may be issued their important contributions to this carefully U.S. HOUSE OF REPRESENTATIVES, each year. The legislation also includes proc- crafted legislation. Because the language of Washington, DC, May 21, 1999. essing requirements, that require employers to the bill in its current form reflects a consensus Hon. J. DENNIS HASTERT, attest that the hiring of foreign nurses will not among House and Senate members of both Speaker, House of Representatives, adversely affect the wages and working condi- parties, I am hopeful that it can be enacted Washington, DC. tions of registered nurses. The Secretary of into law expeditiously. I urge my colleagues to DEAR MR. SPEAKER: Pursuant to the per- Labor will oversee this process and provide support it. mission granted in Clause 2(h) of Rule II of penalties for non-compliance. Mr. CONYERS. Mr. Speaker, I rise in sup- the Rules of the U.S. House of Representa- tives, I have the honor to transmit a sealed Health care is a basic human right. The hall- port of this legislation, introduced by Mr. RUSH, envelope received from the White House on marks of civilized nations are health care, edu- which addresses a pressing need for nurses May 21, 1999 at 5:30 p.m. and said to contain cation, and democracy. at low income, inter-city hospitals. a message from the President whereby he the state of health care is a grave concern When similar legislation was proposed last submits draft legislation entitled, ‘‘Edu- in my district. Hospitals have closed. City Congress, I expressed my concerns that it did cational Excellence for All Children Act of health clinics are closing. Payments for Medi- not include adequate safeguards to protect 1999.’’ care and Medicaid have been cut back. American workers. Fortunately, the legislation With best wishes, I am The legislation we must pass today, is was amended to specify that the relief was Sincerely, aimed at helping hospitals, like St. Bernard's, only temporary and to allow us to move firmly JEFF TRANDAHL. keep their doors open to the communities they in the direction of developing a more perma- f serve. nent solution to this problem that will utilize Mr. HYDE. Mr. Speaker, I am pleased that nurses from the American work force instead EDUCATIONAL EXCELLENCE FOR we are returning today to some unfinished of continuing to rely on foreign labor. I sup- ALL CHILDREN ACT OF 1999— business from the 105th CongressÐnon- ported the revised bill which passed the com- MESSAGE FROM THE PRESIDENT controversial legislation that provides short- mittee and the House last year, before we ran OF THE UNITED STATES (H. DOC. term relief to hospitals with critical needs that out of time in the Senate. NO. 106–68) cannot recruit and retain adequate numbers of The legislation being considered today is The SPEAKER pro tempore laid be- registered nurses. H.R. 441, the ``Nursing Re- nearly identical to the legislation the House fore the House the following message lief for Disadvantaged Areas Act of 1999,'' is approved last Congress. It would allow up to from the President of the United designed in response to a crisis facing some 500 fully qualified foreign nurses to enter the States; which was read and, together large hospitals with high percentages of Medi- United States each year to work for three-year with the accompanying papers, without care and Medicaid patients in areas where periods at hospitals that have not been able to objection, referred to the Committee there are shortages of health care profes- hire enough nurses from the American work on Education and the Workforce, the sionals. The viability of essential health care force. Since we are facing a temporary short- Committee on Armed Services, and the for large numbers of people is threatened age of workers, the legislation sunsets in four Committee on Banking and Financial when certain acute care facilities in medically years. Services and ordered to be printed: May 24, 1999 CONGRESSIONAL RECORD — HOUSE H3479 To the Congress of the United States: those in the rest of the country for the second chance programs. A new School I am pleased to transmit for your im- purpose of formula allocations. Emergency Response to Violence pro- mediate consideration the ‘‘Edu- Second, my proposal responds to re- gram would provide rapid assistance to cational Excellence for All Children search showing that while qualified school districts that have experienced Act of 1999,’’ my Administration’s pro- teachers are critical to improving stu- violence or other trauma that disrupts posal for reauthorization of the Ele- dent achievement, far too many teach- the learning environment. mentary and Secondary Education Act ers are not prepared to teach to high My High School Reform initiative of 1965 (ESEA) and other elementary standards. Teacher quality is a par- would support innovative reforms to and secondary education programs. ticular problem in high-poverty improve student achievement in high My proposal builds on the positive schools, and the problem is often exac- schools, such as expanding the connec- trends achieved under current law. The erbated by the use of paraprofessionals tions between adults and students that ‘‘Improving America’s Schools Act of in instructional roles. are necessary for effective learning and 1994,’’ which reauthorized the ESEA 5 My bill addresses teacher quality by healthy personal development. This years ago, and the ‘‘Goals 2000: Educate holding States accountable for strong- new initiative would provide resources America Act’’ gave States and school er enforcement of their own certifi- to help transform 5,000 high schools districts a framework for integrating cation and licensure requirements, into places where students receive indi- Federal resources in support of State while at the same time providing sub- vidual attention, are motivated to and local reforms based on high aca- stantial support for State and local learn, are provided with challenging demic standards. In response, 48 States, professional development efforts. The courses, and are encouraged to develop the District of Columbia, and Puerto Teaching to High Standards initiative and pursue long-term educational and Rico have adopted State-level stand- in Title II would help move challenging career goals. ards. Recent results of the National As- educational standards into every class- Fourth, in response to clear evidence sessment of Educational Progress room by providing teachers with sus- that standards-based reforms work best (NAEP) show improved performance for tained and intensive high-quality pro- when States have strong account- the economically disadvantaged and fessional development in core academic ability systems in place, my proposal other at-risk students who are the pri- subjects, supporting new teachers dur- would encourage each State to estab- mary focus of ESEA programs. NAEP ing their first 3 years in the classroom, lish a single, rigorous accountability reading scores for 9-year olds in high- and ensuring that all teachers are pro- system for all schools. The bill also poverty schools have improved signifi- ficient in relevant content knowledge would require States to end social pro- cantly since 1992, while mathematics and teaching skills. motion and traditional retention prac- achievement has also increased nation- The Technology for Education initia- tices; phase out the use of teachers ally. Students in high-poverty schools tive under Title III would expand the with emergency certificates and the and the lowest-performing students— availability of educational technology practice of assigning teachers ‘‘out-of- the specific target populations for the as a tool to help teachers implement field;’’ and implement sound discipline ESEA Title I program—have registered high standards in the classroom, par- policies in every school. Finally, the gains in both reading and math ticularly in high-poverty schools. My bill would give parents an important achievement. bill also would extend, over the next 7 new accountability tool by requiring I am encouraged by these positive years, the Class-Size Reduction initia- State, district, and school-level report trends, but educational results for tive, which aims to reduce class sizes cards that will help them evaluate the many children remain far below what in the early grades by helping districts quality of the school their children at- they should be. My proposal to reau- to hire and train 100,000 teachers. And tend. thorize the ESEA is based on four the Title VII Bilingual Education pro- Based on high standards for all stu- themes reflecting lessons from re- posal would help ensure that all teach- dents, high-quality professional devel- search and the experience of imple- ers are well trained to teach students opment for teachers, safe and dis- menting the 1994 Act. with limited English proficiency, who ciplined learning environments, and First, we would continue to focus on are found in more and more classrooms accountability to parents and tax- high academic standards for all chil- with each passing year. payers, the Educational Excellence for dren. The underlying purpose of every Third, my bill would increase support All Children Act of 1999 provides a solid program within the ESEA is to help all for safe, healthy, disciplined, and drug- foundation for raising student achieve- children reach challenging State and free learning environments where all ment and narrowing the achievement local academic standards. States have children feel connected, motivated, and gap between disadvantaged students largely completed the first stage of challenged to learn and where parents and their more advantaged peers. More standards-based reform by developing are welcomed and involved. The recent important, it will help prepare all of content standards for all children. My tragedy at Columbine High School in our children, and thus the Nation, for bill would support the next stage of re- Littleton, Colorado, reminds us that the challenges of the 21st century. I form by helping States, school dis- we must be ever vigilant against the urge the Congress to take prompt and tricts, schools, and teachers use these risks of violence and other dangerous favorable action on this proposal. standards to guide classroom instruc- behaviors in our schools. Our reauthor- WILLIAM J. CLINTON. tion and assessment. ization bill includes several measures THE WHITE HOUSE, May 21, 1999. My proposal for reauthorizing Title I, to help mitigate these risks. for example, would require States to We would strengthen the Safe and f hold school districts and schools ac- Drug-Free Schools and Communities countable for student performance Act by concentrating funds on districts RECESS against State standards, including with the greatest need for drug- and vi- The SPEAKER pro tempore. Pursu- helping the lowest-performing students olence-prevention programs, and by ant to clause 12 of rule I, the Chair de- continually to improve. The bill also emphasizing the use of research-based clares the House in recess until 6 p.m. would continue to target Federal ele- programs of proven effectiveness. Accordingly (at 3 o’clock and 18 min- mentary and secondary education re- Moreover, with respect to students who utes p.m.), the House stood in recess sources on those students furthest bring weapons to school, this proposal until 6 p.m. from meeting State and local stand- would require schools to refer such stu- ards, with a particular emphasis on dents to a mental health professional f narrowing the gap in achievement be- for assessment and require counseling tween disadvantaged students and for those who pose an imminent threat b 1800 their more affluent peers. In this re- to themselves or others; allow funding gard, my proposal would phase in equal for programs that educate students AFTER RECESS treatment of Puerto Rico in ESEA about the risks associated with guns; The recess having expired, the House funding formulas, so that poor children expand character education programs; was called to order by the Speaker pro in Puerto Rico are treated similarly to and promote alternative schools and tempore (Mr. PETRI) at 6 p.m. H3480 CONGRESSIONAL RECORD — HOUSE May 24, 1999 ANNOUNCEMENT BY THE SPEAKER Hyde Miller, Gary Sherman b 1822 PRO TEMPORE Inslee Miller, George Sherwood Isakson Minge Shimkus Mr. BAIRD changed his vote from The SPEAKER pro tempore. Pursu- Istook Mink Shuster ‘‘nay’’ to ‘‘yea.’’ Jackson (IL) Mollohan Simpson ant to clause 8 of rule XX, the Chair Sisisky So (two-thirds having voted in favor will now put the question on each mo- Jackson-Lee Moore thereof) the rules were suspended and (TX) Moran (KS) Skeen tion to suspend the rules on which fur- Jefferson Moran (VA) Skelton the bill was passed. Slaughter ther proceedings were postponed ear- Jenkins Murtha The result of the vote was announced Smith (MI) John Myrick lier today in the order in which that Smith (NJ) as above recorded. Johnson (CT) Nadler motion was entertained. Smith (WA) A motion to reconsider was laid on Johnson, E. B. Napolitano Votes will be taken in the following Snyder the table. Johnson, Sam Nethercutt Souder order: Jones (NC) Ney Spence Stated for: H.R. 1251, by the yeas and nays; Jones (OH) Northup Spratt Mr. ORTIZ. Mr. Speaker, on rollcall No. 145, H.R. 100, by the yeas and nays. Kanjorski Nussle Stark I was unavoidably detained by official busi- Oberstar The Chair will reduce to 5 minutes Kaptur Stearns ness in my district. Had I been present, I Kennedy Obey Stenholm the time for any electronic vote after Kildee Olver Strickland would have voted ``yea.'' the first such vote in this series. Kilpatrick Ose Stump f Kind (WI) Oxley Stupak f King (NY) Packard Sununu ANNOUNCEMENT BY THE SPEAKER Kingston Pastor Sweeney NOAL CUSHING BATEMAN POST Kleczka Paul Talent PRO TEMPORE OFFICE BUILDING. Klink Pease Tancredo The SPEAKER pro tempore (Mr. Knollenberg Peterson (MN) Tanner The SPEAKER pro tempore. The PETRI). Pursuant to the provisions of Kolbe Peterson (PA) Tauscher pending business is the question of sus- Kucinich Petri Taylor (MS) clause 8 of rule XX, the Chair an- pending the rules and passing the bill, Kuykendall Phelps Taylor (NC) nounces that he will reduce to a min- H.R. 1251. LaFalce Pickering Terry imum of 5 minutes the period of time LaHood Pickett Thomas The Clerk read the title of the bill. Thompson (CA) within which a vote by electronic de- Lampson Pitts Thompson (MS) The SPEAKER pro tempore. The Largent Pombo vice will be taken on the additional Thornberry question is on the motion offered by Larson Pomeroy motion to suspend the rules on which Thune Portman the gentleman from Virginia (Mr. Latham Thurman the Chair has postponed further pro- DAVIS), that the House suspend the LaTourette Price (NC) Tiahrt ceedings. rules and pass the bill, H.R. 1251, on Leach Pryce (OH) Toomey Lee Quinn Towns f which the yeas and nays are ordered. Levin Radanovich Traficant The vote was taken by electronic de- Lewis (CA) Rahall Turner ROXANNE H. JONES POST OFFICE vice, and there were—yeas 362, nays 0, Lewis (GA) Ramstad Udall (CO) BUILDING, FREEMAN HANKINS not voting 71, as follows: Lewis (KY) Regula Udall (NM) POST OFFICE BUILDING, AND Linder Reyes Upton [Roll No. 145] LoBiondo Reynolds Vento MAX WEINER POST OFFICE YEAS—362 Lofgren Riley Visclosky BUILDING Lucas (KY) Rivers Walden The SPEAKER pro tempore. The Aderholt Chambliss Filner Lucas (OK) Roemer Walsh Allen Clayton Fletcher Luther Rogan Wamp pending business is the question of sus- Andrews Clyburn Foley Maloney (CT) Rogers Waters pending the rules and passing the bill, Archer Coble Forbes Markey Rohrabacher Watkins Armey Collins Ford H.R. 100. Ros-Lehtinen Watt (NC) Bachus Combest Fossella Martinez The Clerk read the title of the bill. Mascara Roukema Watts (OK) Baird Condit Fowler Waxman The SPEAKER pro tempore. The Baldacci Conyers Franks (NJ) Matsui Roybal-Allard McCarthy (MO) Royce Weldon (FL) question is on the motion offered by Baldwin Cook Frelinghuysen Weldon (PA) McCarthy (NY) Rush Ballenger Costello Frost Weller the gentleman from Virginia (Mr. McCollum Ryun (KS) Barcia Cox Gallegly Wexler DAVIS) that the House suspend the McCrery Sabo Barr Coyne Gekas Whitfield rules and pass the bill, H.R. 100, on Barrett (NE) Cramer Gephardt McDermott Salmon Wicker which the yeas and nays are ordered. Barrett (WI) Crane Gibbons McHugh Sandlin Wilson Bartlett Cubin Gilchrest McInnis Sanford Wise The vote was taken by electronic de- Barton Cummings Gillmor McIntosh Sawyer Wolf vice, and there were—yeas 368, nays 0, Bateman Cunningham Gilman McIntyre Saxton Woolsey not voting 65, as follows: Bentsen Danner Goode McKeon Schakowsky Wu Bereuter Davis (FL) Goodlatte McNulty Scott Wynn [Roll No 146] Berkley Davis (IL) Goodling Meek (FL) Sensenbrenner Young (AK) YEAS—368 Berman Davis (VA) Gordon Metcalf Serrano Biggert Deal Goss Mica Sessions Abercrombie Boehner Costello Aderholt Bonilla Cox Bilbray DeFazio Graham Millender- Shadegg Allen Bonior Coyne Bilirakis DeGette Granger McDonald Shaw Andrews Bono Cramer Bishop DeLay Green (TX) Miller (FL) Shays Blagojevich DeMint Green (WI) Archer Boswell Crane Armey Boucher Cubin Bliley Deutsch Greenwood NOT VOTING—71 Blumenauer Diaz-Balart Gutknecht Bachus Boyd Cummings Blunt Dickey Hall (OH) Abercrombie Gonzalez Owens Baird Brady (PA) Cunningham Boehlert Dicks Hall (TX) Ackerman Gutierrez Pallone Baldacci Brady (TX) Danner Boehner Dingell Hastings (FL) Baker Hansen Pascrell Baldwin Brown (OH) Davis (FL) Bonilla Dixon Hastings (WA) Bass Hefley Payne Ballenger Bryant Davis (IL) Bonior Doggett Hayes Becerra Hinchey Pelosi Barcia Burton Davis (VA) Bono Dooley Hayworth Berry Hinojosa Porter Barr Callahan Deal Boswell Doolittle Herger Borski Kasich Rangel Barrett (NE) Calvert DeFazio Boucher Doyle Hill (IN) Brown (CA) Kelly Rodriguez Barrett (WI) Camp DeGette Boyd Dreier Hill (MT) Brown (FL) Lantos Rothman Bartlett Campbell DeLay Brady (PA) Duncan Hilleary Burr Lazio Ryan (WI) Barton Canady DeMint Brady (TX) Dunn Hilliard Buyer Lipinski Sanchez Bateman Cannon Deutsch Brown (OH) Edwards Hobson Capuano Lowey Sanders Bentsen Capps Diaz-Balart Bryant Ehlers Hoeffel Carson Maloney (NY) Scarborough Bereuter Cardin Dickey Burton Ehrlich Hoekstra Chenoweth Manzullo Schaffer Berkley Castle Dicks Callahan Emerson Holden Clay McGovern Shows Berman Chabot Dingell Calvert Engel Holt Clement McKinney Smith (TX) Biggert Chambliss Dixon Camp English Hooley Coburn Meehan Stabenow Bilbray Clayton Doggett Campbell Eshoo Horn Cooksey Meeks (NY) Tauzin Bilirakis Clyburn Dooley Canady Etheridge Hostettler Crowley Menendez Tierney Bishop Coble Doolittle Cannon Evans Houghton Delahunt Moakley Velazquez Blagojevich Collins Doyle Capps Everett Hoyer DeLauro Morella Weiner Bliley Combest Dreier Cardin Ewing Hulshof Frank (MA) Neal Weygand Blumenauer Condit Duncan Castle Farr Hunter Ganske Norwood Young (FL) Blunt Conyers Dunn Chabot Fattah Hutchinson Gejdenson Ortiz Boehlert Cook Edwards May 24, 1999 CONGRESSIONAL RECORD — HOUSE H3481 Ehlers Kuykendall Rogers Chenoweth Lantos Pelosi REMOVAL OF NAME OF MEMBER Ehrlich LaFalce Rohrabacher Clay Lazio Porter Emerson LaHood Ros-Lehtinen Clement Lipinski Rodriguez AS COSPONSOR OF H.R. 1083 Engel Lampson Roukema Coburn Lowey Rothman Ms. DUNN. Mr. Speaker, I ask unani- English Largent Roybal-Allard Cooksey Maloney (NY) Ryan (WI) mous consent that the gentleman from Eshoo Larson Royce Crowley Manzullo Sanchez Etheridge Latham Rush Delahunt McGovern Sanders Illinois (Mr. CRANE) be removed as a Evans LaTourette Ryun (KS) DeLauro Meehan Schaffer cosponsor of H.R. 1083. He was inad- Everett Leach Sabo Frank (MA) Meeks (NY) Shows vertently added last week. Ewing Lee Salmon Gejdenson Menendez Smith (TX) Farr Levin Sandlin Gonzalez Moakley Stabenow The SPEAKER pro tempore (Mr. Fattah Lewis (CA) Sanford Gutierrez Neal Tauzin PETRI). Is there objection to the re- Filner Lewis (GA) Sawyer Hansen Norwood Tierney quest of the gentlewoman from Wash- Fletcher Lewis (KY) Saxton Hefley Ortiz Velazquez ington? Foley Linder Scarborough Hinchey Owens Weiner Forbes LoBiondo Schakowsky Hinojosa Pallone Weygand There was no objection. Ford Lofgren Scott Kasich Pascrell Young (FL) f Fossella Lucas (KY) Sensenbrenner Kelly Payne Fowler Lucas (OK) Serrano REMOVAL OF NAME OF MEMBER Franks (NJ) Luther Sessions b 1830 AS COSPONSOR OF H.J. RES. 33 Frelinghuysen Maloney (CT) Shadegg Frost Markey Shaw So (two-thirds having voted in favor Mr. MORAN of Virginia. Mr. Speak- Gallegly Martinez Shays thereof) the rules were suspended and er, I ask unanimous consent that my Ganske Mascara Sherman name be withdrawn as a cosponsor of Gekas Matsui Sherwood the bill was passed. Gephardt McCarthy (MO) Shimkus The result of the vote was announced House Joint Resolution 33. Gibbons McCarthy (NY) Shuster as above recorded. The SPEAKER pro tempore. Is there Gilchrest McCollum Simpson A motion to reconsider was laid on objection to the request of the gen- Gillmor McCrery Sisisky Gilman McDermott Skeen the table. tleman from Virginia? Goode McHugh Skelton Stated for: There was no objection. Goodlatte McInnis Slaughter Mr. ORTIZ. Mr. Speaker, on rollcall No. 146, f Goodling McIntosh Smith (MI) Gordon McIntyre Smith (NJ) I was unavoidably detained by official busi- COMMUNICATION FROM THE Goss McKeon Smith (WA) ness in my district. Had I been present, I CLERK OF THE HOUSE Graham McKinney Snyder would have voted ``yea.'' Granger McNulty Souder The SPEAKER pro tempore laid be- Green (TX) Meek (FL) Spence f fore the House the following commu- Green (WI) Metcalf Spratt Greenwood Mica Stark nication from the Clerk of the House of Gutknecht Millender- Stearns PERSONAL EXPLANATION Representatives: Hall (OH) McDonald Stenholm Mr. RYAN of Wisconsin. Mr. Speaker, OFFICE OF THE CLERK, Hall (TX) Miller (FL) Strickland U.S. HOUSE OF REPRESENTATIVES, Hastings (FL) Miller, Gary Stump I was unavoidably detained due to Hastings (WA) Miller, George Stupak delays in air traffic control. I missed Washington, DC, May 24, 1999. Hayes Minge Sununu rollcall votes 145 and 146. Had I been Hon. J. DENNIS HASTERT, Hayworth Mink Sweeney present, I would have voted ‘‘yea.’’ The Speaker, Herger Mollohan Talent U.S. House of Representatives, Washington, DC. Hill (IN) Moore Tancredo f DEAR MR. SPEAKER: Pursuant to the per- Hill (MT) Moran (KS) Tanner mission granted in Clause 2(h) of Rule II of Hilleary Moran (VA) Tauscher the Rules of the U.S. House of Representa- Taylor (MS) REPORT ON RESOLUTION PRO- Hilliard Morella tives, I have the honor to transmit a sealed Hobson Murtha Taylor (NC) VIDING FOR CONSIDERATION OF envelope received for the White House on Hoeffel Myrick Terry H.R. 1906, AGRICULTURE, RURAL Hoekstra Nadler Thomas May 24, 1999 at 4:30 p.m. and said to contain Holden Napolitano Thompson (CA) DEVELOPMENT, FOOD AND DRUG a message for the President whereby he sub- Holt Nethercutt Thompson (MS) ADMINISTRATION, AND RELATED mits certifications in accordance with the Hooley Ney Thornberry AGENCIES APPROPRIATIONS resolution of advice and consent to ratifica- Horn Northup Thune tion of the Amended Mines Protocol of the Thurman BILL, 2000 Hostettler Nussle Convention on Conventional Weapons. Houghton Oberstar Tiahrt Mr. LINDER, from the Committee on Hoyer Obey Toomey With best wishes, I am Hulshof Olver Towns Rules, submitted a privileged report Sincerely, Hunter Ose Traficant (Rept. No. 106–159) on the resolution (H. JEFF TRANDAHL. Hutchinson Oxley Turner Res. 185) providing for consideration of f Hyde Packard Udall (CO) the bill (H.R. 1906) making appropria- Inslee Pastor Udall (NM) CERTIFICATIONS REGARDING tions for Agriculture, Rural Develop- Isakson Paul Upton AMENDED MINES PROTOCOL OF Istook Pease Vento ment, Food and Drug Administration, CONVENTION ON CONVENTIONAL Jackson (IL) Peterson (MN) Visclosky and Related Agencies for the fiscal Jackson-Lee Peterson (PA) Walden WEAPONS—MESSAGE FROM THE year ending September 30, 2000, and for (TX) Petri Walsh PRESIDENT OF THE UNITED Wamp other purposes, which was referred to Jefferson Phelps STATES Jenkins Pickering Waters the House Calendar and ordered to be John Pickett Watkins printed. The SPEAKER pro tempore laid be- Johnson (CT) Pitts Watt (NC) fore the House the following message Johnson, E. B. Pombo Watts (OK) f Johnson, Sam Pomeroy Waxman from the President of the United Jones (NC) Portman Weldon (FL) States; which was read and, together Jones (OH) Price (NC) Weldon (PA) REPORT ON RESOLUTION PRO- with the accompanying papers, without Kanjorski Pryce (OH) Weller VIDING FOR CONSIDERATION OF objection, referred to the Committee Kaptur Quinn Wexler H.R. 1259, SOCIAL SECURITY AND Kennedy Radanovich Whitfield on International Relations: Kildee Rahall Wicker MEDICARE SAFE DEPOSIT BOX To the Congress of the United States: Kilpatrick Ramstad Wilson ACT OF 1999 Kind (WI) Rangel Wise In accordance with the resolution of King (NY) Regula Wolf Mr. LINDER, from the Committee on advice and consent to ratification of Kingston Reyes Woolsey Rules, submitted a privileged report the Amended Protocol on Prohibitions Kleczka Reynolds Wu (Rept. No. 106–160) on the resolution (H. or Restrictions on the Use of Mines, Klink Riley Wynn Knollenberg Rivers Young (AK) Res. 186) providing for consideration of Booby-Traps and Other Devices, to- Kolbe Roemer the bill (H.R. 1259) to amend the Con- gether with its Technical Annex, Kucinich Rogan gressional Budget Act of 1974 to protect adopted by the Senate of the United Social Security surpluses through States on May 20, 1999, I hereby certify NOT VOTING—65 strengthened budgetary enforcement that: Ackerman Berry Burr mechanisms, which was referred to the In connection with Condition (1)(B), Baker Borski Buyer Bass Brown (CA) Capuano House Calendar and ordered to be Pursuit Deterrent Munition, the Pur- Becerra Brown (FL) Carson printed. suit Deterrent Munition shall continue H3482 CONGRESSIONAL RECORD — HOUSE May 24, 1999 to remain available for use by the nized for 60 minutes as the designee of who go to school with all the expecta- United States Armed Forces at least the minority leader. tions that we all went to school with until January 1, 2003, unless an effec- Mr. GEORGE MILLER of California. when we were growing up, only to find tive alternative to the munition be- Mr. Speaker, the purpose of my re- out that it can become a shooting gal- comes available. marks is to try and gain support within lery because of the easy access of a In connection with Condition (6), the Republican leadership to move and troubled teen or a troubled youngster Land Mine Alternatives, in pursuing to move in an urgent fashion with re- to these kinds of guns. Yet what we see alternatives to United States anti-per- spect to the gun safety provisions that is an effort to somehow not address sonnel mines or mixed anti-tank sys- have passed the Senate. this legislation on a timely fashion, tems, I will not limit the types of al- Mr. Speaker, this country has been not to take that legislation from the ternatives to be considered on the basis shocked over the past 2 years as we Senate and to pass it, not to have a of any criteria other than those speci- have witnessed the shootings in freestanding piece of legislation which fied in the sentence that follows. In Springfield, Oregon; Fayetteville, Ten- we can pass and send to the Senate pursuit of alternatives to United nessee; Edinboro, Pennsylvania; that is identical to that which they States anti-personnel mines, or mixed Jonesboro, Kansas; West Paducah, Ken- passed so that they might be able to anti-tank systems, the United States tucky; Pearl, Mississippi; and in Little- put it on the President’s desk before we shall seek to identify, adapt, modify, or ton, Colorado, as we have seen children leave for Memorial Day. otherwise develop only those tech- take up arms against their school- No, what we see is, we are going to nologies that (i) are intended to pro- mates, against their friends, in school. get one hearing this week, and then ac- vide military effectiveness equivalent And while we will be discussing these tion perhaps in the committee some- to that provided by the relevant anti- matters at great length for a long pe- time in June. Knowing the July sched- personnel mine, or mixed anti-tank riod of time in the Congress as the Na- ule, knowing the August schedule. It is system; and (ii) would be affordable. tion and the Congress come to grips very likely, it is very likely, that In connection with Condition (7), Cer- with what we might do to try and pre- America’s schoolchildren will start the tification with Regard to International vent these actions in the future, one next school year without the Congress Tribunals, with respect to the Amend- thing seems to be very clear among the of the United States having addressed ed Mines Protocol, the Convention on people in this country, and I would this issue. Conventional Weapons, or any future hope among the people in the Congress I yield to the gentleman from Vir- protocol or amendment thereto, the and certainly among the Republican ginia (Mr. MORAN). United States shall not recognize the leadership, and that is that keeping Mr. MORAN of Virginia. Mr. Speak- jurisdiction of any international tri- guns out of the hands of kids will help er, I thank the very distinguished gen- bunal over the United States or any of to ensure that the feelings of anger and tleman from California for yielding to its citizens. hostility do not lead to fatal shooting me. WILLIAM J. CLINTON. sprees. I would say to the gentleman, 13 THE WHITE HOUSE, May 24, 1999. We clearly need to listen to children young people die from firearms every and parents and make sure that school f single day. That amounts to nearly counseling and mental health resources 5,000 a year. It is the second leading SPECIAL ORDERS are sufficient, and we must understand cause of death among young people. The SPEAKER pro tempore. Under that the causes of youth violence are There is a reason why there are more the Speaker’s announced policy of Jan- complicated and that the solutions deaths from firearms of young people uary 6, 1999, and under a previous order must be broad-based, and we must in the United States than in all 25 of the House, the following Members strive to understand what brings chil- other industrialized nations combined. will be recognized for 5 minutes each. dren to this point where they would Something is wrong here. What is take up this violent action with guns wrong is the fact that there are over f against their schoolmates. 225 million guns available in the United Under a previous order of the House, It is urgent to the American public States that invariably are getting into the gentlewoman from the District of that the Congress be able to respond to the hands of our young people. Columbia (Ms. NORTON) is recognized the problems of children having guns, There are many things we could and for 5 minutes. having easy access to guns, and the ir- should be doing. (Ms. NORTON addressed the House. responsibility of some parents who b 1845 Her remarks will appear hereafter in make those guns available or neg- the Extensions of Remarks.) ligently leave those guns lying around For one thing, we have concealed f the house, in many instances loaded weapons laws. In the Commonwealth of The SPEAKER pro tempore. Under a and unlocked, with easy access by Virginia it is lawful to take a con- previous order of the House, the gen- these children. cealed weapon into a children’s recre- tleman from California (Mr. Last week the Senate passed several ation center. In the Commonwealth of Virginia and many other States, one CUNNINGHAM) is recognized for 5 min- pieces of legislation designed to im- utes. prove the margins of gun safety, if you can take guns and park one’s vehicle in (Mr. CUNNINGHAM addressed the will, requiring background checks for a high school parking lot with a gun in House. His remarks will appear here- all gun sales, including gun shows. We or on one’s vehicle. That does not after in the Extensions of Remarks.) have a companion bill here by the gen- make sense. tleman from Illinois (Mr. BLAGOJEVICH) It does not make sense to be able to f requiring new handguns to be sold with buy more than one handgun a month. The SPEAKER pro tempore. Under a safety locks. We have companion legis- What people oftentimes do is buy a previous order of the House, the gen- lation here by the gentlewoman from whole case of guns in one State. They tleman from Maryland (Mr. CUMMINGS) Indiana (Ms. CARSON) outlawing high travel up the East Coast and then set is recognized for 5 minutes. density ammunition clips, so they will up shop on a street corner in an urban (Mr. CUMMINGS addressed the not be made available. area and sell those guns. House. His remarks will appear here- I think that these are measures that These are not responsible situations after in the Extensions of Remarks.) the American public can understand, when we see the kind of death and de- f that the American public supports, struction that is occurring from fire- that the American public, whatever arms every day. It is time for the URGENCY REQUIRED IN DEALING their positions are with respect to gun House to take action to complement WITH GUN SAFETY LEGISLATION control, understand that these are gun the action of the Senate, to put for- The SPEAKER pro tempore. Under safety issues about the safety of our ward a good, responsible juvenile jus- the Speaker’s announced policy of Jan- children. tice bill that will in fact make our uary 6, 1999, the gentleman from Cali- Our children are, in many instances, schools and streets safer for our chil- fornia (Mr. GEORGE MILLER) is recog- some of our most vulnerable citizens, dren. May 24, 1999 CONGRESSIONAL RECORD — HOUSE H3483 Mr. GEORGE MILLER of California. me, and I strongly associate with his are in fact heard and this Congress Mr. Speaker, I thank the gentleman comments. takes its head out of the sand, takes from Virginia (Mr. MORAN) very much I have only been in Congress 3 years; simple, common sense steps that will for his contribution. His remarks point but in the course of the time that I in fact save the lives of children in out the urgency and the danger that have been in Congress there have been America. these guns present to young people in eight multiple shootings on school Mr. GEORGE MILLER of California. this Nation. He has pointed out that 13 yards. Mr. Speaker, I thank the gentleman children under the age of 18 are killed I look at my colleague, the gentle- from Oregon (Mr. BLUMENAUER) for his each day because of guns. woman from Colorado (Ms. DEGETTE), remarks, and he does point out the in- Guns cause one in every four deaths she and I were present earlier before credible inconsistency that we would of teenagers between the ages of 15 and tragic shootings in our State, seeking put child-proof caps on aspirin, child- 19. Firearms are the fourth leading the attention of the Republican leader- proof locks on gates and child-proof cause of accidental death among chil- ship and of this Congress to at least locks on car doors, and all of these ef- dren five to 14. Clearly the easy avail- allow a vote on simple, common sense, forts to save our most precious re- ability and proximity of guns, handled direct approaches that would minimize sources, the children of this Nation, in an irresponsible fashion, to young the impact of gun violence with our but we would not think about doing it children is lethal to those children. children. with respect to a lethal weapon like a We have an opportunity with the We pleaded, for instance, to have the gun that is unfortunately all too often very common sense proposals that were opportunity to at least vote on the left lying around the house. presented in the Senate to address this most benign of child access protection Fifty-five percent of the handgun matter and to address it now, with the legislation in the last Congress. We owners keep their guns loaded in their same sense of urgency that parents are were denied the opportunity in the last homes, and 34 percent of them keep asking themselves about, whether or juvenile justice bill to have any vote at them loaded and unlocked, loaded and not they should send their children for all on any legislation, any amendment, unlocked in their homes, and in many the remainder of the school year, even modestly taking the tack of try- instances with very young children whether or not they should pull their ing to increase the safety of guns in present; and tragically sometimes, as children out of school before school the home. we know, children with a lot of dif- closes, whether or not they should try It was frustrating for me that we ficult problems who end up then acting to find another school that they might could have 15 States, starting with the out in a fashion that is lethal to their think will be more safe than the one State that was the home of the Chair friends and to their classmates. they are in. of that subcommittee that had child So I think that is why, as we see But what we have learned over the access protection, the State of Florida, America starting to respond to the last 18 months, we do not know what 15 States have followed, and yet we tragedies in Oregon and Colorado and school that would be. We do not know have not been able to have the most in- Georgia and elsewhere, they start to where a troubled child has easy access nocuous of votes in this Chamber. say, why should people not have to be to a gun and then acts out anger, frus- I am pleased that finally we are responsible in all the homes with lock- tration or problems that that child has starting to see some movement, that ing the gun with the trigger lock, and by shooting their schoolmates. we have seen some action on the Sen- the people who sell these guns be re- That is why we are asking the Repub- ate side, and perhaps the Republican sponsible for providing trigger locks lican leadership to schedule this de- leadership will find it in their heart to with the sale of these guns so that bate, to schedule this vote this week allow a vote on the floor of this Cham- their children can be safe, so that they before we go home for Memorial Day, ber. There are a number of proposals can know that it is the denial of the Memorial Day, a rather significant day that have absolutely nothing to do easy and spontaneous access. in the history of this country. But That does not mean that somebody with the rights of the hunting popu- tragically now many will be cele- someday will not hammer the lock off lation around this country. In fact, brating Memorial Day at the loss of of the gun or, as we saw tragically wit- they are supported by the over- their children because of these tragic nessed here recently, break off the whelming majority of gun owners. shootings. I think that is why we can- locks on the cabinet, but it is the Why? Why do we still sell guns in not play this by the ordinary rules of standard of care that we owe our chil- this country that do not tell one legislative procedure and process and dren. whether or not there is a bullet in the jurisdiction and all of those arguments I thank the gentleman from Oregon chamber? There are dozens of people that are designed to keep these com- (Mr. BLUMENAUER) for raising those mon sense approaches from coming to who are killed every year because of points. the floor of the House to be voted on. the so-called unloaded gun. Why is it Mr. Speaker, I yield to the gentle- Why are they doing that? Because that we do not spend a few cents, up to woman from Colorado (Ms. DEGETTE). the people who oppose trigger locks on 75 cents or a dollar, to have a mecha- Ms. DEGETTE. Mr. Speaker, Col- guns that are accessible to children, nism so that when the clip is removed umbine High School is just a few the people that are opposed to getting from an automatic pistol, that it blocks from my congressional district. rid of the loophole for gun shows where sweeps the chamber and unloads it? Columbine High School had its gradua- one can buy guns and gun shows with- Why is it that there are more consumer tion this last weekend, honoring those out a background check, that one protection devices for toy guns than kids who graduated with their class would not be allowed to if one went real guns? and honoring those who could not be into a gun shop, people who oppose lim- Mr. Speaker, I think the time has there. iting the high density ammunition come for the people on this floor to No one would be so shallow as to sug- clips, they want time to regroup, to re- seize control of this issue ourselves. If gest that the only solution to these scramble, to put pressure on the Con- it takes a discharge petition in order to terrible shootings we have had in high gress, to give campaign contributions, be able to vote on these simple, com- schools around the country is gun con- to lobby the Congress so that they can mon sense steps that will save chil- trol. But a troubled youth who does not overwhelm the judgment and the deter- dren’s lives, that are in fact supported have a gun is a troubled youth. A trou- mination of the American people. not just by the majority of Americans, bled youth with a gun is a killer. The Republican leadership ought not but by the majority of the gun-owning I have been inundated with calls. to become a tool for those interests, Americans, I think that the time has Many of my colleagues have been inun- because it is those interests that are come. dated with calls from around the coun- keeping guns in the presence of young I deeply appreciate the gentleman try, from suburban parents, moms and children in an irresponsible fashion. from California (Mr. GEORGE MILLER) dads, from urban and rural parents, Mr. Speaker, I yield to the gentleman yielding me some time. I appreciate moms and dads, asking the simple from Oregon (Mr. BLUMENAUER). this discussion that is taking place question: Why cannot we do something, Mr. BLUMENAUER. Mr. Chairman, I here this evening. I hope the American a little something, to keep guns out of thank the gentleman for yielding to public will add their voice so that they the hands of kids? H3484 CONGRESSIONAL RECORD — HOUSE May 24, 1999 No one believes that children in an must discuss child gun safety legisla- If my colleagues know Texas, and I unsupervised way, especially in or tion and pass common sense, narrowly do not think my fellow Texans will around a school, should have a gun. drawn rules before we leave for the Me- allow me to praise them as well as to There are several proposals that we can morial Day recess. The only and best cite that it was an unheard of thing to pass on behalf of the American public way we can memorialize these kids this do for a City Council member to do in and on behalf of American children, week in Congress is to pass legislation the City of Houston. And there was a simple proposals which will give safety before Memorial Day. lot of opposition. The National Rifle for guns and kids. b 1900 Association sent people in to testify The first proposal is one which will against it. But the mothers came for- make gun shows comply with the same Mr. GEORGE MILLER of California. ward and said, we want this. laws that gun shops comply with. Gun Mr. Speaker, I thank the gentlewoman Out of that ordinance came a State shop owners, to sell a gun to somebody, very much for her remarks and thank law that is now in place in the State of have got to conduct a background her for the kind of vehicle she is going Texas that holds parents responsible, check. They have got to have some to provide the Congress to express its holds parents responsible, for letting identification to know that the person opinion to get this done now. guns get in the hands of children. And buying the gun is 18 years old or older. As she points out, these are provi- what we have seen is a 50-percent de- They have to have some kind of reg- sions, the safety locks on guns, the get- crease in unintentional shootings since istration and way to trace that they ting rid of the loophole provided by gun that was what it was to be directed to- sold the gun. shows as opposed to gun shops, and ward. Gun shows can have numerous deal- multiple rounds, high-density ammuni- To the family in Conyers, Georgia, if ers which are not registered and which tion clippings, these are very common- those guns had been more secure, as we can sell guns to anybody for any sense remedies and closure of loopholes are attempting to say to parents, not amount of money, no questions asked. that the American people understand only in a nice display case with a glass One year ago this last June, a staff and that they support. front that could be broken, but away member from my Denver office walked The Senators in the United States from the eyesight of children, it is our into a gun show in the Denver area, the Senate have passed these provisions. responsibility to try and keep them Tanner Gun Show. The Tanner Gun They should be sent over here. We safe, but it is our responsibility to keep Show is held 10 times a year. He bought should pass a freestanding bill and law enforcement officers safe as well. a gun, no questions asked, cash on the make sure that we can have this be- Firearms are the fourth leading barrel head, $450. It was a semi-auto- come law before our children get back cause of accidental death among chil- matic weapon. The two boys at Col- to school. I think it is important that dren 5 to 14 and the third leading cause umbine High School bought their guns we address it with that kind of ur- of death among 15 to 24 years old. If at the Tanner Gun Show, the very gency. this were a medical problem, we would same gun show we had been at just a Mr. Speaker, I yield to the gentle- call it an epidemic. In 1994, 70 percent few months before. woman from Texas (Ms. JACKSON-LEE). of the murder victims between the ages Another thing we can do before we Ms. JACKSON-LEE of Texas. Mr. of 15 and 17 were killed by a handgun leave this week is we can pass legisla- Speaker, I thank the gentleman from and 2 in 25 high school students, almost tion banning once and for all multiple- California for yielding. I particularly 8 percent, reported having carried a round ammunition cartridges. Why on thank him for allowing me to join him gun in the last 30 days. earth does one need a cartridge of 15 or and my colleagues on an issue of such As a member of the House Committee 25 or 30 bullets to hunt? One does not moment, if you will, and to be able to on the Judiciary, we have had an op- need those. Those cartridges are de- say to the American people and to my portunity to move this legislation for- signed to kill human beings; and kill colleague, common sense tells us that ward. In fact, we could have done just human beings they did, at Columbine guns do kill. what the Senate did to amend the juve- High School. They kill police officers They do kill. Ask any law enforce- nile bill that the Senate just passed around the country every year. We ment officer, any person who is respon- with common-sense response to these thought we banned them in 1995. But sible for keeping law and order. Ask gun issues. because of a loophole in the law, these teachers. Ask parents. And, of course, We could, for example, stamp out the cartridges are still legally available, ask injured children and ask the loved loophole in gun shows. Enormously im- and that loophole needs to be closed. ones of those children who are killed. portant. We could provide for the safe- Last, but certainly not least, Con- I have heard the response by those ty locks that would protect our chil- gress can pass legislation this week who are advocates of the idea that the dren and to realize that they protect which will establish child safety locks Second Amendment should prevail others, as well. on guns. This would prevent kids who above all, that guns do not kill, people My colleagues could not imagine the should not have guns from getting do. But people use guns to kill. And I gun shows that travel around the Na- them and using them. This is a com- think the American people are way out tion. And many times there are store mon sense proposal. Parents across the in front on this issue right now, be- owners that participate in these gun country want to know why Congress cause if we read the Second Amend- shows. But let me assure my col- has not enacted this law already. ment, it has to do with the keeping of leagues, there are a lot of individuals As I said, Columbine High School’s a militia for a founding country of 13 who come and say, I have no license. I graduation was last Friday. Many more colonies trying to survive. have no permit. I have nothing. I am schools will still be in session through And do my colleagues know what? just here. And the reason I have noth- next week. Congress should send a mes- We have a militia, the National Guard. ing is because these are in my personal sage to the parents across America And no one is trying to take guns away possession. that we care; that part of the solution, from the National Guard. We also know This is a loophole. And so, we get the although not all of the solution, is that that the people of America have guns individual driving up to the gun show Congress will take steps to enact child in their homes, and no one is trying to with 25 AK–47s and they say, this is gun safety laws, not next month, not take guns away from the American part of my personal ownership. And next fall, not sometime in the future, people. they sell 10 or 15 to an individual who but now, before school is out, to begin But in 1995, over 440 children died gives no reason. I have talked to law to ensure the safety of every child just of unintentional shootings alone. enforcement officers who went and across America. In my home City of Houston, Texas, a bought a gun from someone, an auto- That is why I appreciate the gen- few years ago, almost 10 years ago, I matic rifle, and said, ‘‘I am going to tleman from California (Mr. GEORGE did something unheard of. I rose up off use this to kill a cop in New York.’’ MILLER) taking on this important task of City Council and said, we are going And the person who was unlicensed tonight. That is why I intend to work to pass an ordinance that holds adults said, ‘‘All right. Here is a silencer to go this week to let our Speaker and every- responsible for allowing guns to get in with it. But make sure when you do it, one in this Congress know Congress the hands of children. do not call my name.’’ May 24, 1999 CONGRESSIONAL RECORD — HOUSE H3485 There are too many guns in America. Christopher Murphy, 11 years old, the about comprehensive reform on reduc- And most Americans want to be safe in son of two police officers, unintention- ing gun violence and helping our young their homes. They want law enforce- ally shot and killed by his 11-year-old people. And yet in the Senate the other ment officers to be safe, as well. And friend. night, when they asked for more so, I am joining with my colleagues to Christopher David Holt, 4, uninten- money for school counselors and psy- ensure the closing the loophole in the tionally shot and killed himself with a chologists, it was voted down. That can gun shows. I would like to see a Brady .357 Magnum. be part of a comprehensive package. waiting period for those gun shows to Amanda Drukenbrod, 13, shot and No one is saying that it is not just protect individuals. I want to see rais- killed at home when a teenage boy was guns. There are a lot of factors that go ing the handgun purchase age from 18 showing off his gun. into gun violence. The young fellow in to 21. I think child safety locks are an I can go on and on, pages and pages Georgia, when he shot six of his class- imperative. of young children who died at the hand mates, he was really on the verge of And frankly, I wish we could pass the of a gun. Not a knife, not a stick, but suicide. He still does not understand same legislation in the comprehensive a gun. why he did what he did. gun legislation offered by my col- I think it is time now to say that we We can help a lot of these kids. What league, the gentlewoman from New will not go home for this Memorial Day I am hearing constantly is, this is too York (Mrs. MCCARTHY) to deal with the recess unless we stand up and be count- big for all of us to handle. We cannot idea of holding adults responsible. ed in the United States Congress and do anything about it. But do my col- When I spoke to some parents and put a bill on the President’s desk that leagues know what? That is what we teachers and explained to them that, he can sign. hear when they want defeat before they no, I am not trying to disadvantage I say to the gentleman from Illinois even start. parents, I chair the Congressional Chil- (Mr. HASTERT), join us in getting this We have to change the debate. When dren’s Caucus, I do not want to point legislation on the floor of the House be- I am home in my district, I have NRA the blame and put parents, who are al- cause our children are dying and we members that come up to me all the ready distraught, in a situation where cannot stand by any longer. time, ‘‘Carolyn, we support what you they are criminally liable, but I think Mr. GEORGE MILLER of California. are doing.’’ But then we have so many such a piece of legislation is common Mr. Speaker, I thank the gentlewoman Members that are afraid of the NRA sense, and I think if they understand it for her remarks and urge that the leadership. They are afraid of what fully, they would be running towards Speaker make this in order this week they can do to them as supporting it. before we leave town for the Memorial congresspersons. Because what it says is, know what Day break. Certainly, they are not going to come your children are doing. Do not leave Mr. Speaker, I yield to the gentle- after me about guns in my district be- guns on coffee tables and in places con- woman from New York (Mrs. MCCAR- cause the people in my district support spicuously, where the child can get it. THY). me on what I am trying to do. But we And if their child is in a garage or Mrs. MCCARTHY of New York. Mr. have Members here, and they have reading the Internet and building Speaker, my colleague from California every right to be afraid of the NRA be- bombs, they need to know what is (Mr. GEORGE MILLER), he and I are on cause the NRA will come in and say going on. Because we have to protect the same Committee on Education and things about the Member that have ab- their children and our children. And the Workforce; and in the last past solutely nothing to do with guns, or how much more can we get from not year and a half, we have talked about make up lies. And they do make up listening to our children. violence in our schools, we have talked lies. Let me close by simply saying to my about what can be done. What I am asking the American peo- colleagues, and I thank again the gen- A week ago Tuesday, we had six ple, the mothers, the fathers of this tleman from California for yielding, young people come in to talk to us, land, call their congresspersons, give that we know that there are other as- talk to us about how gun violence has them the support that they need. Be- pects of this, the video and entertain- affected their lives. And it was very cause if we only hear from one side, I ment industry. I am working on legis- hard because here we had so many guarantee my colleagues, in a couple of lation to deal with mental health serv- young people that faced death, lost months, we will be back here when ices, an omnibus mental health serv- their friends. school opens again and there will be ices for our children that deals with There are many of us that are vic- another shooting in the school and peo- schools but also deals with other needs tims. A lot of us are adults. We try and ple will say, why can we not do some- that our children have, so that if they say we can handle that kind of pain. thing? are on medication they are not off of it But even as adults, it is always hard. A year ago, when we had a com- one day and on it the next day. But to hear the young people talk mittee hearing, a psychologist said it I think America should be ashamed about what happened in their schools, was not a matter of if there would be that we have a children’s memorial it was a real heartbreaker. And yet, another school shooting, it was a mat- that acknowledges the number of chil- here in Congress we continually hear ter of when there would be another dren that have been killed by guns. silence. school shooting. And allow me to share with my col- I came to Congress to try and reduce b 1915 leagues. gun violence in this country. That was Chris Hollowell, age 5, was uninten- a promise I made to my son. It is a But a lot of these young people that tionally shot and killed by his 10-year- promise I have made to my new grand- were shot, killed, injured, they did not old brother. son. It is something I plan on doing. make the newspapers across the coun- Sean Harvey, 16, was killed by a man And we have had our Littletons, we try. They might have made it in their who mistakenly thought the boy was have had our shootings in Georgia, so hometown newspaper, but they did not stealing the neighbor’s car. many shootings. But I want people to make it on the front pages, because Brian Crowell, 12, was unintention- look at this because this is where peo- they are all individuals. ally shot by a 14-year-old. ple do not realize what is happening. My colleague before me talked about Amanda Garza died from a gunshot We have a Littleton every single day. a health care crisis. We have four wound to the head after shooting her- Every single day, we lose 13 young young people left in Colorado that have self with a .357. people, whether it is an accidental spinal cord injuries. Do you know what Amanda Rogers, dead, 6 years old, death, whether it is a suicide, or it is going to cost the American people was playing with a Nintendo with her whether it is a homicide, we lose 13 on health care? The estimates, the low cousin and was unintentionally shot by young children a day. estimates of health care to our young them. We have an opportunity here in Con- people on a yearly basis for those that Karissa Miller, 2, was unintention- gress to try and do something. We have survive their injuries is $14 billion. $14 ally shot and killed by a 7-year-old an obligation to the people of America billion. Can you imagine what we could boy. to do something. We have been talking do with that? Can you imagine what we H3486 CONGRESSIONAL RECORD — HOUSE May 24, 1999 could do with that money here in Con- Already we see Members that are contain these guns so that we can gress? Education, health care, all the supporters of the NRA going around begin to deal with these contrasts. things that we want to do. the floor with checklists from the NRA The gentleman from California (Mr. I am asking every mom, every dad, trying to line up their support, who WAXMAN), the ranking member of the let us hear from you. We have to hear they have given their contributions to, Committee on Government Reform, your voices. Grassroots, that is what will they stand tough on this. That is and I sat on a special hearing before we need. That is what changes and cer- why they want the time. They want the Georgia incident where we heard tainly motivates this Congress, be- the time to kill this bill, not to give it astounding testimony from the GAO on cause if they do not, there are a num- great general consideration but to kill how easy it is to buy .50 caliber sniper ber of us that will continue to fight to these ideas that have passed over- rifles from legitimate dealers, leave reduce gun violence in this country, whelmingly in the Senate of the United aside gun shows. Now, a .50 caliber but it would be nice if we had a few States. sniper rifle is a rifle that can penetrate more voices to be heard so we could I would hope that people would heed armor if you stand out on the back give our colleagues the strength to do your call for them to call Members of steps of the Capitol and aim it toward the right thing. They have got to hear Congress and ask them to pass these the Lincoln Memorial. from you. If you want to make a dif- child gun safety measures that have The GAO went undercover and asked ference, then your voice does count. Do been passed by the Senate. for .50 caliber weapons of the kind, to not sit there saying, ‘‘Oh, so and so will I yield to the gentlewoman from the use their words, that would pierce a call. I don’t have to.’’ You have to let District of Columbia. limousine or bring down a helicopter. the Congresspeople here know what Ms. NORTON. Mr. Speaker, I thank My friends, this is the Nation’s capital. you want. Then we will win. the gentleman for yielding and I par- The people who ride in limousines and Mr. GEORGE MILLER of California. ticularly thank him for his leadership helicopters are Members of Congress, I thank the gentlewoman very much on this special order, because there is a the President, the Vice President, and for her remarks and think she makes a hunger and a thirst in the American members of the Cabinet. very important point. It is highly un- public for this legislation and for edu- What this says, of course, is that likely that we will have this kind of cation about this legislation. even here, someone who wanted to take common sense gun legislation to help Mr. Speaker, this chart came home out anybody from the highest official protect our children, to help protect to the American people finally in to an ordinary citizen anywhere in the our communities from the easily acces- Littleton and in Georgia. Close to city or the region could buy a gun from sible and irresponsible ownership of 60,000 deaths during the tragic Vietnam a legitimate dealer, even telling them guns, if the American people do not War for 11 years. That is compared to virtually that that is what they wanted call their Members of Congress and in- 11 years at home, close to 400,000 to do. Imagine what a person with a sist upon it. deaths, increasingly the deaths of chil- mental defect could do by going to a Over the last couple of weeks as I dren. The reason that so many of us on gun show. have been out in the public in my dis- both sides of the aisle cannot go home We must remember that this very trict and talking to groups and just for Memorial Day without a bill is that building was the site of the assassina- being on the streets of my district, peo- we cannot face our constituents with- tion of two brave Capitol policemen. ple have come to me and asked time out a bill, not after the massacre in That gun was shot by a schizophrenic and again: Why can you not do this and Littleton and the attempted massacre man. At a gun show, he might easily do it now? in Georgia. When they saw the Senate not do it, have purchased such a weapon. I want to focus for just a few minutes The long and short of it, my friends, they were infuriated, and the Senate on gun shows, because frankly I was ig- is that what we have in this country is doubled back and took a new vote and norant until recently of the fact that massive gunrunning across the borders, then came in line with what the Amer- anybody can buy a gun at a gun show ican people wanted. Then the Senate between one State and another, some- free of any Federal requirement. I am doubled back a second time and came times shipped in large numbers. The re- sure most of the public does not know in line with what the American people sult is that in the large cities such as that there is no Federal requirement wanted. the one I represent, the District of Co- But apparently the Republican lead- that says that a person with a mental lumbia, the murders take place one by ership in this House and the NRA are defect has to be checked before buying one. Now in the suburbs the murders going to delay this legislation, fully at a gun show, with a felony conviction take place in groups, by massacre. understanding that delay is the enemy has to be checked before buying at a Choose your style. The difference is the of legislation, that you get it jammed gun show, or even that a child has to be same. They are all our children. up at the end of the session against a checked before buying at a gun show. I focus on gun shows this evening be- recess, against the appropriations bills, Remember that some of the guns used cause of the ages of the youngsters in and this starts to fall through the in Littleton were bought at a gun the last two incidents. A 15-year-old in cracks, and it is nobody’s fault and it show. Georgia, a 17 and an 18-year-old in is everybody’s fault. The gentleman from Virginia (Mr. Littleton. These are precisely the ages We need the American people to call MORAN) was on the floor earlier. He is of children that could go into a gun the Republican leadership, to call their from the district adjoining mine. My show today in many States and pur- Members of Congress and tell them district has an absolute ban on guns of chase a weapon. that these three or four measures, very any and every kind. As I speak, my dis- Sometimes we are told that what was common sensical measures, should be trict is flooded with guns of every kind. passed in the Senate the other day will passed and should be passed imme- Many of those guns come from gun not make much difference, it is at the diately. They could, if in fact the lead- shows in Virginia, because anybody can margins, why pass it? The simple an- ership wanted to do it, be passed before buy a gun at gun shows in Virginia. swer to that is if it will not make much we leave for Memorial Day. Maryland also provides guns through difference, then pass it. If in fact those They are having a hearing on the day gunrunning into the District of Colum- who cherish guns think that these bills we leave town, because then they are bia. will not hurt them very much, then hoping for a week where there will not That is why we need Federal law and pass the bills. There will be some slight be any discussion of this measure and Federal regulation. State by State is inconvenience to the legitimate public, there will not be a sense of urgency almost useless, given how porous are but who would say that that inconven- about the American people to have the boundaries in our country. We can ience would not be worth it if the lives Congress address this when we come go from one place to the other. You do of only a few children were saved? back, and pretty soon we will find our- not have to go through any kind of And may I remind the House that selves addressing it in September or check to go from one place to the most of the deaths we will never hear October. It is the oldest legislative other, and it is a free country and we about because they are accidental strategy in this town, just delay and would not want you to have to go deaths. We hear about the massacres, delay. through a check. But we do want to we hear about the drive-by shootings. May 24, 1999 CONGRESSIONAL RECORD — HOUSE H3487 But when these guns are kept in It is rather clear that the guns in and part of the student body, that they homes, they are most often used acci- of themselves may not be causing these should extend themselves, they should dentally by family members or friends violent episodes that our Nation has go over and talk to them, that maybe within the homes. The 15-year-old been subjected to, but certainly the they should stop making fun of stu- youngster broke into a locked chest to fact that the weapons are so easily dents or characterizing students be- get the gun that he used in suburban available has made sometimes what cause of the way they dressed, whether Georgia last week. would be seen as minor violent acts they had the latest clothes or they did The silent deaths, the accidental turn into major, major tragedies, and I not have the latest clothes, or the lat- deaths will be reduced, and certainly cannot help but wonder where is the est sneakers, or the wrong color the deaths that have outraged the wisdom that is supposed to be part of clothes or what have you; that they country will be reduced if we pass the the legislative body that we belong to had to think about not doing that, that modest legislation that came forward in trying not to address this issue when students should not be characterized finally from the Senate last week. That it is rather obvious that this cries out and categorized whether or not they is the very least this House can do if for action. participate in a religious organization we want to make sure that this gap As a career educator, and actually after school or the debate club or they never appears again in our country. early on in my career I was what would were on the track team or the football Mr. GEORGE MILLER of California. be seen as a disciplinarian in a very team. I thank very much the gentlewoman large high school, and I served in that All of these cliques that are natural, for her remarks. I want to thank my capacity for several years, one of the very, very natural during the adoles- colleagues who joined me in this spe- things that certainly would help us in cent years in schools, they understood cial order to try and urge the Repub- trying to deal with all the issues that that that was unfair to those students. lican leadership to pass this week the are attendant to the growth of children They had formed, they had many common sense gun safety provisions and the work of children inside edu- celebrations of their differences at that have passed the Senate of the cational institutions is to not allow Pinole High School over the years. The United States. them the opportunity to have things day I was there, they decided to cele- We do so with the full understanding that would be harmful to them. And we brate their unity, to celebrate their that the problems and the tragedies in think of all the things that we deny sameness, to celebrate the fact that Littleton or in Georgia or in Oregon or them that would be harmful to them, they were part of one student body in Kentucky and other such States think of all the efforts, extraordinary drawn from many different commu- where young people have taken up guns efforts, that we go through to deny nities. and assaulted and killed their class- It was a very exciting thing to see them things that we know are not in mates and their friends, that that prob- happen in response to Littleton. their own best interests, things which lem will not be addressed solely with So while we are focused on guns this may lead to tragic circumstances; and the questions of gun safety legislation. evening and while we are focused on yet we seem to hesitate, we seem to But clearly in each of these cases or the need of the Republican leadership falter when it comes to the issue of most of these cases, what we find is the to expedite the consideration of these easy access of young children, in some guns. common sense gun safety measures, we So I certainly appreciate and I want cases disturbed young children with also appreciate the complexity and the to congratulate the work of the gen- the irresponsible possession of guns in magnitude of this problem. tleman from California (Mr. MILLER) the home. And let us not forget, let us not for- We believe that trigger locks will and all the other speakers during this get as we keep talking about children help increase the margin of safety in special order. and schools and violence and killings, Mr. GEORGE MILLER of California. our communities. We believe that not that 25 million teenagers are enrolled Mr. Speaker, I thank the gentleman letting young people go into gun shows in 20,000 schools nationwide. Eight of or people go into gun shows on behalf from Guam. those youths in six schools perpetrated Finally, I just like to say, Mr. Speak- of young people and with no questions the school killings of the last 8 er, that I had an opportunity to meet asked be able to buy a gun, a gun they months. Twenty-five million children with a group of students at Pinole Val- could not buy if they went into a gun came and went to school every day ley High School in my district and had shop. They could not do that. They without being subjected to this danger subsequent conversations with five of would have to undergo that check. We or perpetrating this danger. We are those students, Brian Davenport, urge the leadership to pass these com- talking about a handful of young chil- mon sense gun safety measures. Marcus Maxwell, Jamian Johnson, Kari dren. I yield to the gentleman from Guam. Washington and Brett Parsons about Some people have suggested, and I Mr. UNDERWOOD. Mr. Speaker, I Littleton, and those students and the think the minority whip said it this thank the gentleman from California students in the larger group had spent week in Salt Lake City: The problem is for yielding. I want to extend my con- a great deal of time watching the news, not guns; the problem is, we are raising gratulations for this excellent special listening to the news on the Internet, children to kill children. order on the issue of the proliferation over the networks and elsewhere, ac- No, we are not raising children to of guns. Even in a place as remote as quiring information about what took kill children. Twenty-five million teen- Guam, which lies some 9,000 miles place at Littleton. agers went to school yesterday, the day away from here, a couple of weeks ago They clearly understood that this before, and the day before Littleton a couple of young ladies in middle was about them, it was about their and the day before all of these trage- school were detained in school for hav- peers, it was about their generation, dies, and afterwards, and did not en- ing handguns, bringing handguns to children of their same age, and they gage in the killing of their classmates school. Guam, the place that I come were terribly troubled about it, and or their friends. But a very small hand- from, is a place where lots of people they understood that this is not a prob- ful, because of the easy access and own weapons. lem that can be answered with one so- proximity and the irresponsible owner- lution, that it is, in fact, very complex. ship of these guns and possession of b 1930 I was also quite pleasantly surprised, these guns in their homes and the easy Fortunately, most people on Guam the extent to which the students un- ability to purchase them through a who feel that they need to own weap- derstood they clearly had a very strong loophole in the law at gun shows; that ons are in total agreement with their role to play in the solution to these handful of students was able to per- registration and with their regulation, outbreaks of rage and the violence and petrate an incredible amount of vio- so I am happy to report that. But it ap- the killing that have taken place in lence and incredible amount of killing pears to me that certainly the coun- these schools, that they understood on their school friends and on their try’s supply of weapons, the avail- that maybe they should be nicer to communities. ability of weapons, the easy access of some of their fellow students, that So this is not to suggest that these weapons is really the crux of what we there were students who they knew are children of a generation of a cul- are getting at. were somewhat loners or did not feel a ture of violence and killing because it H3488 CONGRESSIONAL RECORD — HOUSE May 24, 1999 is not true. Those kinds of generaliza- It is not nearly as dramatic, there are no I hope our colleagues on the other side of tions will cause us to miss the problem, CNN cameras, the nation does not stop and the aisle will take these steps with us. Sooner will cause us to miss the complexity of hold its breath, and watch . .. rather than later. it. But, every day in America, 13 children die Because this is an epidemic that waits for But what we do know in this par- unnecessary deaths from guns. none of us. Every day we waitÐthirteen more ticular case was these young people This is a children's health epidemicÐand it children dieÐanother ColumbineÐevery sin- had relatively easy access to these is high time this Congress start paying atten- gle day. guns, and what we do know is that we tion to it, and take some steps in the right di- Mr. GEORGE MILLER of California. have that part, as my colleagues know, rection. Mr. Speaker, these three measures that that part of the solution coming to- Now is the right time to begin the search for have passed the Senate are the begin- gether in the passage of these measures answers. Clearly, this is not an easy task. ning step in that area, so I want to that have passed the Senate. There are many approaches we can take to thank my colleagues who joined me in So I think we ought to keep and we reduce youth violence: this special order. I plead with the ought to understand our children, and We can make it easier for parents to spend American public to call their Member we should not, we should not paint time with their children. of Congress, to call the Republican We can reduce class size so teachers can them with the very broad brush of a leadership, ask them to schedule these identify troubled children, and get them the relatively and, well, less than two gun safety measures as soon as pos- handfuls of children that have per- help they need. We can better teach our young people the sible, to do it this week. We have a rel- petrated this kind of violence over the value of human life. atively clear calendar. It can all be last 18 months. If this was the culture We can devote more resources to school passed and wrapped up before we go of violence in this young generation, as counselors and mental health providers. home for the Memorial Day break. Michael Males, who is at the School for And we can simply open up the channels of f Social Ecology at the University of communication between adults and teenagers GENERAL LEAVE California, Irvine, points out, if this ... was a culture of violence, if we had What I've learned from listening to Oregon Mr. GEORGE MILLER of California. raised children to kill children, then students in their schools, is that perhaps the Mr. Speaker, I ask that all Members these killings would not be thousands most important thing we can do to make have 5 legislative days within which to of miles apart and months apart. This schools safer, is to create an atmosphere revise and extend their remarks on the is what all children would be doing. where it is more acceptable for students to subject of my special order today. But they are not doing it. Like all of talk to adults when they see danger signs. The SPEAKER pro tempore (Mr. the children before them, they are These are all important steps . .. SIMPSON). Is there objection to the re- going to school to get an education, to Each will be helpful, but none alone or all quest of the gentleman from Cali- socialize and become part of their com- together will be effective enough to curb this fornia? munity, to grow up and to mature and health epidemic without a commitment from There was no objection. decide what they are going to do with this Congress to make guns less accessible to f the rest of their lives. And their par- young people. Conflicts and emotions that get the better of CLINTON ADMINISTRATION CRE- ents did not raise them to kill children. ATING PERCEPTION THAT ALL But some parents unfortunately have people can sometimes be sorted out with IS WELL IN THE WORLD been very irresponsible about leaving words, sometimes they get sorted out with loaded guns and leaving firearms fists, or with knives . .. The SPEAKER pro tempore. Under around, easily accessible to their chil- But the only tool of anger that can mow the Speaker’s announced policy of Jan- dren, apparently have not had the kind down thirteen students in a school libraryÐis uary 6, 1999, the gentleman from Penn- of communication or have not imposed a gun. sylvania (Mr. WELDON) is recognized for upon their children the kind of dis- Simply passing laws will not address the 60 minutes as the designee of the ma- cipline I grew up with about a gun. root causes of this tragedy, but there are jority leader. I hunted, my father hunted, my chil- steps we can take to keep guns out of the Mr. WELDON of Pennsylvania. Mr. dren hunt. We have very, very strict hands of violent juveniles. Speaker, we can only spin national se- rules about when one can touch a gun That is why I urge my colleagues to support curity issues and concerns so long, and and when they cannot touch a gun and reasonable gun safety measures being intro- eventually the truth catches up to us. duced by Democrats: what to do with a gun in the home and The truth is about to hit the fan this First, let's close the ``gun show loophole,'' what to do with the gun in the field. week in Washington on the national se- which allows criminals to trade weapons anon- Now some parents apparently have curity concerns of this country. ymously. By instituting background checks for not been able to convey that or not For 7 years, Mr. Speaker, we have those seeking to anonymously purchase fire- willing to convey that or do not under- heard the rhetoric coming from the arms at gun shows, we can make guns less stand the kind of risk. We have got to White House that the world is safe, accessible to criminals, and to violent youths. there are no problems, our security is deal with the questions of that kind of Second, let's raise the minimum age for intact, and therefore, we can dramati- parental irresponsibility and with plac- handgun purchases from 18 to 21. ing some responsibility and liability on Third, let's make sure that guns are cally cut the size of our defense forces those who fail to be the proper childproofed at least as well as a bottle of as- and we can, in fact, shift that money custodians of their children and of pirinÐby requiring gunmakers to equip all over to other purposes. these firearms. guns with child safety locks. During the 7 years that that has oc- Mr. WU. Mr. Speaker, the tragedy at Col- And finally, let's show the American people curred, Democrats and Republicans umbine was heartbreaking for all Americans, that we're serious about stopping the illegal alike in this body and the other body but it was particularly difficult for the people in transfer of guns. I hope my colleagues will join have joined together to constantly re- my home state of Oregon, where we endured Mr. WEXLER of Florida, myself, 95 other mind the administration that things a similar tragedy just one year ago at Thur- Democrats, and one Republican, Ms. were not quite as good as they were ston High School in Springfield. MORELLA, in supporting HR 315Ða bill which being portrayed to the American peo- At Thurston High, two young students were limits the number of handgun purchases to ple. killed, and America reacted with sadness and one per month. Unfortunately, we were not as suc- sympathy. Once again, I don't think that any law will cessful as we would have liked. In fact, At Columbine High, as we all know, thirteen ever be a complete solution. None of us do. Mr. Speaker, State of the Union speech students were killed by the two gunmen. But we're not expected to always find the after State of the Union speech the America reacted with profound grief and a re- complete solution. We are here to do what we President would stand before the newed sense of urgency. can to make this country better, safer, American people and would talk about Ladies and Gentlemen, thirteen children die healthier, and more prosperous. the economy, would talk about jobs, every day in AmericaÐthe result of handgun These sensible measures are steps in the would talk about crimes domestically, violence. Columbine happens every single right direction, steps down a right and sensible but no mention of national security day. path. concerns. In fact, Mr. Speaker, this May 24, 1999 CONGRESSIONAL RECORD — HOUSE H3489 past January, as I sat through the troops 33 times, 33 times in 8 years that required the debate and the con- State of the Union speech in this very versus 10 times in 40 years. Mr. Speak- sent of this body, but that was not to room, I timed the President’s speech. er, none of these deployments were be. He spoke for 1 hour and 17 minutes. paid for, none of them were budgeted In fact, Mr. Speaker, hindsight al- The total amount of time he devoted to for, none of these deployments had the ways being 20/20 we can now look back, national security was 90 seconds, 90 administration asking the Congress to as I have, and talk to some of our ana- seconds to talk about the problems we vote in support of the deployment be- lysts in the intelligence operation, have with our relationship with China, fore our troops were committed. which I have. In fact, Mr. Speaker, I 90 seconds to talk about the problems In the case of Bosnia, it was not that have learned that every CIA Balkan that are resulting from the economic this Congress is isolationist. Nothing analyst in the CIA, every one of them, instability in Russia, 90 seconds to talk could be further from the truth. The unanimously, agree that an aerial at- about the proliferation that has now problem in this Congress among Demo- tack on Serbia and Kosovo would not caused Iran and Iraq and Syria and crats and Republicans was why was stop ethnic cleansing. Libya to begin to develop medium- and America putting 36,000 troops into Bos- The CIA, for all of its faults, and I eventually long-range missile systems, nia when, for instance, Germany right was as troubled by the bombing of the 90 seconds to talk about the sabre rat- next door, our friend and ally, was only Chinese Embassy as anyone, but the tling between India and Pakistan, 90 committing 4,000 troops? It was a ques- CIA’s analysts who are the experts on seconds to talk about the problems tion of fairness. Why was America the Balkans told this administration with North Korea, both our nuclear de- being asked in each of these 33 deploy- that the bombing that we eventually velopment program and their testing of ments to pick up an unusually large got involved in would cause a massive long-range missiles which the CIA ac- amount of the responsibility? problem of refugees. The CIA Balkan knowledges now for the first time ever In Kosovo today, when we see the analysts told the administration that can actually hit the mainland of the nightly news of the bombing raids the bombing would not work, would not U.S. previous night, we see U.S. and British stop the ethnic cleansing. In fact, Mr. Speaker, during those 90 planes conducting the bulk of those air All of this was done prior to the ad- seconds, all the President did was point strikes. By law and by NATO’s man- ministration’s decision. In fact, there up to the gallery and praise one of our date, the U.S. is only supposed to pro- were documents internally within the young pilots. vide 22 percent of the support for intelligence community, submitted to Mr. Speaker, support for our military NATO. the administration, outlining the CIA’s is not when the commander in chief pa- concern that if the bombing took place b 1945 rades a group of soldiers down the it would cause a humanitarian catas- White House lawn for a photo op, it is So Members of Congress rightfully trophe, and that is exactly what has not when the commander in chief ask the question, where are the other happened. It is far worse than just the stands on the deck of an aircraft car- NATO allies? Why is not Europe play- humanitarian catastrophe. rier and talks about the pride in our ing a larger role in these kinds of oper- In fact, many of those analysts said services while morale is reaching an ations? that we actually contributed to the ref- all-time low. We have serious prob- In fact, Mr. Speaker, that was the ugee crisis because when we bombed, it lems, Mr. Speaker, and this week, reason why we passed the supplemental obviously caused the observers who starting tomorrow, those problems are bill several weeks ago and just last were in the former Yugoslavia to leave going to be made available for the week approved the defense authoriza- that country, which then gave American people to see firsthand. tion bill, calling for increases in fund- Milosevic a free hand to continue at a Now, as I said earlier, Mr. Speaker, ing to partially replace the funds that much higher level the ethnic cleansing we are aware that this administration were siphoned off to pay for these 33 and the significant attacks on innocent has tried to create the perception, and deployments, none of which were budg- people. with a great deal of success, that ev- eted for. So in effect, Mr. Speaker, what the erything is okay in the world, all is When the President would commit intelligence community was saying to safe, Russia is our new friend, China is our troops to, say, Bosnia or to Haiti, us as a Nation, prior to a decision to our new friend and partner, we do not we would then have to find the money conduct the aerial campaign, was that have to worry about the Balkans be- in our defense budget, taking it from if we went ahead, we would cause the cause we have got our troops deployed. other programs or from quality of life situation to become much worse. That In fact, Mr. Speaker, what has been issues for the troops to pay the costs of is exactly what has occurred. occurring over the past 7 years with these operations. The comptroller of We are now into our 60-something strong concerns expressed by both the Pentagon estimates that that cost day of consecutive bombing and many Democrats and Republicans alike in us $19 billion over the past 7 years. In in this body, having seen the fact that this body is that we have committed fact, Bosnia alone has already cost us we do not have the dollars to put for- our troops to too many places in a close to $10 billion. At a time where we ward to pay for the Kosovo deploy- short period of time to be effective in have been convinced that the world is ment, which is now in excess of prob- modernizing for the future and in pro- safe, partially because our troops are ably $2 billion, are now wondering what tecting America’s vital interests today at this time deployed all over our strategy is to stop the bombing, around the world. the world, we have decimated our abil- what is our strategy to end the crisis. I have used this comparison fre- ity to prepare for the future in our Since many of our colleagues, includ- quently, Mr. Speaker, and I want to military. ing myself, do not feel that we have a use it again: Some other things have occurred, Mr. legitimate strategy to end the conflict, In the time period from the end of Speaker, and I want to talk about we wonder what the strategy is to win World War II until 1991, during the ad- them briefly. the conflict, because we are controlling ministration of all those Presidents in First of all, this President, working what our military can and cannot do in between, from Harry Truman through along with Tony Blair from Great Brit- Kosovo, in Serbia. Democrat and Republican administra- ain, decided it was in the best interest We are limiting the strikes. We never tions ending with George Bush, all of of the U.S. and Britain, along with our committed to a ground force. So the those commanders in chief, as they NATO allies. And make no mistake question we have to ask is, if we do not have the ability to under our Constitu- about it, the bulk of NATO is decided have a strategy to end the conflict, and tion, deployed our troops a total of 10 by our President and Tony Blair, NATO if we do not have a strategy to win the times, 10 times at home and around the really is dependent upon the leadership conflict, what is our strategy? For world. Some of those deployments were of the U.S. and Britain. I do not think many of us, there is no strategy, Mr. very serious, like Korea and Vietnam Luxembourg would have much of a Speaker. It is just a continuing mas- and Desert Storm. chance in stopping America from doing sive amount of aerial attacks that in Since 1991, Mr. Speaker, our current anything it wanted in terms of NATO. many cases are harming innocent civil- commander in chief has deployed our The decision to go into Kosovo was one ians. H3490 CONGRESSIONAL RECORD — HOUSE May 24, 1999 Now, let me add further, Mr. Speak- tinuing a mistake is worse than trying Something else will happen tomor- er, if we have to look at the situation to find an honorable solution. We have row, Mr. Speaker. Two things of sig- in the former Yugoslavia and see what that opportunity. nificant importance to all of our col- we have done, we can look certainly at As I said on this floor several times, leagues, which I hope our colleagues three different things. We have now 11 Members of this body, 5 Democrats will convey to every constituent all rallied all of the people in Serbia, and 6 Republicans, attempted to find across America. The first is, between many of whom were against Milosevic, common ground with members of the 4:00 and 6:30 we will host probably one many of whom are ready to try to re- Russian Duma 2 weeks ago in Vienna. of the most investigative reporters on move him forcefully, we have managed We found that common ground. In fact, security issues in this city at a book to rally all of them in support of the agreement that we reached became signing ceremony in EF–100 of the U.S. Milosevic as their hero. the basis for the G–8 accord that came Capitol building. Bill Gertz, who writes We have managed to help cause an out 5 days later, which the U.S. was a for the Washington Times, will be here extensive increase in the refugee crisis, signatory of. to unveil to Members of Congress and to the extent now that we have almost That agreement calls for a nego- our staffs his book entitled ‘‘Betrayal.’’ 1 million men and women and children tiated settlement along the lines of the Every Member of Congress should in outlying regions around Kosovo, five key NATO principles that our read this book. In fact, it has hit the with no decent housing and no decent President has said are most important bestseller list in just the first week it food and no timetable to return them for us. Now is the time for us to use the was on the stands. Why is this book so to their country. leverage that we have and our NATO important, Mr. Speaker? Because it de- We have done something else, Mr. partners have and Russia has to con- tails, in depth, an analysis of this spin Speaker. We have managed to do what vince Milosevic that he must come to on defense concerns in this country one colleague of mine from the Russian the table on our terms. over the past 7 years. Duma told me the Soviet communist I am not convinced our administra- In one chapter in this book Mr. Gertz party could not accomplish in 70 years, tion is still at this very moment doing goes into great detail to talk about an after expending billions of dollars, to enough to engage the Russians in ap- incident involving a Canadian and a convince the Russian people that plying the appropriate pressure to U.S. military officer that were flying America was evil, that we really were Milosevic. in a helicopter out in the Seattle area, designed as a nation to hurt innocent Mr. Speaker, the agreement that we when a Russian ship that was sup- people. He said Russians are now con- reached in Vienna we brought back to posedly spying, pointed and fired a vinced, after some 55 days of bombing, Washington, we faxed to the 19 par- laser weapon at that helicopter. The which it was when he was here, that liaments of all the NATO countries and laser beam hit our American officer in this country really is evil. So we have we asked them to apply pressure to the eye and did permanent eye damage managed to do in 55 days what the So- their governments, not to cave into to him. viet communist party could not accom- Milosevic, not to hand him a victory That incident, Mr. Speaker, if one plish in Russia in 70 years. but to say now is the time to use our reads the Gertz book, was covered up Mr. Speaker, we are doing ourselves leverage to get this crisis done at the for 30 days. To this day, our govern- long-term harm in our relationship negotiating table, which I am firmly ment has never acknowledged that with Russia. First of all, after starting convinced can occur. that Navy officer was hit deliberately the aerial campaign, we did not engage In fact, Mr. Speaker, we introduced a by a Russian laser generator on a Rus- Russia. Now the administration would resolution in support of our framework sian vessel. We did not do the proper have us believe otherwise. There was agreement in the Congress 2 weeks ago, investigation. We did not hold the Rus- no direct contact with Russia after and held a congressional hearing in the sians accountable. Rambouillet until, in fact, a group of Committee on International Relations Mr. Speaker, as my colleagues know, Russian pro-western parliamentarians last week on that resolution. The I am someone who spends a lot of time contacted us in the Congress and said: Duma, following our lead, did the working on improving relations with You do not understand what you are same, and on Friday of last week the Russia, but with Russia we have to un- doing. You are driving our party out of State Duma of the Russian Federation derstand one very basic tenet that power. We who support strong relations passed that document as a formal docu- Ronald Reagan knew very well. We with America, we who want to help you ment on the floor of the State Duma. must deal with the Russians from a po- solve the proliferation problem in our We are now asking our leadership to sition of strength, consistency and can- country, we who want to get rid of the work with us to accomplish a similar dor. When we are not candid with the communists and the ultranationalists task, not because we are trying to em- Russians, when we do not call them are being driven out because your poli- barrass the administration but because when they violate treaties, when we do cies in the Balkans are causing the we understand the urgency of solving not ask them about things like Russian people to identify with the this crisis before any more lives are Yamantau Mountain in the Urals communists and the ultranationalists. lost, before any more ethnic cleansing where they are spending billions of dol- When the elections are held this is done, before any more Americans are lars on a huge underground complex year, if you continue this policy, you placed in harm’s way. Now is the time that we just do not know the purpose are going to drive Russia back into a for this administration to stand up and of, the Russians lose respect for us. Cold War era like we saw in the Soviet do what is right, and that is to bring b 2000 days. Milosevic to the table and to do it di- Our policies in the Balkans are very rectly, and to use the Russian leverage, That is the problem this administra- much of a concern to me, not just be- which is considerable, in having tion has with Russia. We were so con- cause of the crisis being created with Milosevic agree to the terms that we cerned with not embarrassing Boris the Serbs and with the Kosovars and laid out with our NATO friends. This Yeltsin that we forgot over the past the refugees, but also because of the disaster is having a terrible effect on seven years that Russia had to be held long-term implications in our relation- our long-term relationship with Rus- accountable for those things it did that ship with Russia. sia. were in violation of arms control re- Now, make no mistake about it, Mr. Mr. Speaker, we were supposed to gimes, that were things that desta- Speaker. Like all of our colleagues in have on Thursday of this week the Rus- bilized our relationship, and we are this body, I abhor what Milosevic has sian parliamentarians come back to now paying the price for those policies. done. He is a thug. He is a war crimi- Washington for a public press an- A second chapter in Mr. Gertz’s book nal, and after this is over we need to nouncement in support of the work deals with a letter that, up until this proceed in convening a war crimes tri- that we are doing. Because of the press book, has been classified. The letter bunal. of business and the fact that we will was sent and signed by President Bill Our policies, Mr. Speaker, have not break for the Memorial Day recess this Clinton to President Boris Yeltsin. Mr. succeeded either. We need to have this week, they will be coming back the Speaker, every one of our colleagues administration understand that con- first full week in June. needs to read this letter because in the May 24, 1999 CONGRESSIONAL RECORD — HOUSE H3491 letter our President tells Yeltsin, mittee, the Select Committee to look Then they went to the business com- ‘‘Don’t worry. Our policies will help at technology transfer from the U.S. to munity and they said, ‘‘You have to you in your reelection effort.’’ China, which I was honored to be a understand what the Select Committee We were so concerned about not member of, will issue our public state- is doing. They are about ready to come doing anything to expose Russian prob- ment. out with a report that is going to lay lems for what they were that we even For five months, Mr. Speaker, we all the blame at the feet of American went to the length of ignoring reality. have tried to get the administration to industry,’’ and that was not the case When the Russians transferred tech- declassify the Select Committee’s re- and is not the case, Mr. Speaker. In nology to Iran for the SHAHAB–3 mis- port, and for five months we have been fact, I am going to publicly say tomor- sile, we ignored it. When we caught the stonewalled. Nine Members of Con- row, as I am saying tonight, that while Russians transferring accelerometers gress, five Republicans and four Demo- there were some cases where American and gyroscopes to Iraq, we ignored it. crats, very honorable people, met be- companies went too far, and there are We were afraid to do anything to ex- hind closed doors all during the breaks, criminal investigations of at least two pose violations because we did not all during the holidays from July of those companies under way right want to embarrass President Yeltsin. through January 1 and 2 of this year. now, the bulk of the time American We are now paying the price for those Behind closed doors we interfaced companies have done the right thing. policies, Mr. Speaker, and our national with the FBI, the CIA, the Defense In- They have wanted to abide by the law. telligence Agency. We held hearings, security has been harmed because of Now, the law has been changing. The we called witnesses in, and we said the absolutely overwhelming prolifera- regulations have changed. But it was nothing on the record. In a bipartisan tion that has gone out from Russia to not for us to blame only industry. every destabilized country in the way we developed a document that re- sulted in 32 specific recommendations Mr. Speaker, the administration world, technology being used for mis- would also have some believe, through sile proliferation, weapons of mass de- of how to deal with the tremendous amount of technology transfer that has its spin efforts, that it is all the fault struction, because we did not want to of China, and China is this bad country hold the Russians accountable for vio- occurred to the People’s Republic of China. We looked at cases where there that has been able to use espionage to lations and for their lack of tight con- get access to technology that they trols in terms of technology that could was espionage involved. We looked at cases where companies went too far should never have gotten access to. be used abroad. We are now paying the And in some cases, that is the story. price for those policies, and Russia is a and perhaps violated U.S. laws, and we looked at cases where our government We are currently seeing that with the much more destabilized nation. story on our laboratories. And now, because of the Kosovo con- relaxed our technology controls to But, Mr. Speaker, how can we blame flict, we are backing Russia into a cor- allow Chinese companies to buy tech- a country like China for buying tech- ner, and the pro-western leaders in nologies that should not have been on nology if we as a Nation voluntarily Russia are saying we are going to hand the marketplace. All of that information was summa- allow that technology to be sold Russia over to the Communists and the rized and by the first week of January abroad? That is what has occurred over ultranationalists if we do not get our of this year, our report was complete. the past seven years. We allowed tech- policy back together again. The Gertz book documents these sto- With its 32 recommendations, all of nology to be sold abroad that up until ries, Mr. Speaker, and I would encour- which were classified, and with the vol- this administration was very tightly age our colleagues to stop by EF–100 umes of data we had assembled, we controlled and regulated, and was sent the report to the administration tomorrow between 4 o’clock and 6:30 to checked by a series of efforts within and we asked the administration to meet Bill Gertz personally and get a the intelligence community and the de- look at our recommendations, to come copy of his book and to read for them- fense and State Department establish- back to us and begin a dialogue of how selves the hard evidence. ments to make sure that that tech- In fact, I saw an article last week to protect our Nation’s security. nology would not enhance the capa- What did the administration do? Mr. that the FBI may be considering actu- bility militarily of a potential or cur- Speaker, as they have done for seven ally pressing charges against Gertz for rent adversary. So blaming China alone years, they spun America’s national se- some of the revelations that he has ex- is not going to be acceptable. curity. Instead of dealing with it up posed. It is an absolute shame and out- No, Mr. Speaker, the reason why, as front, putting the report on the table, we will see tomorrow, we have had rage when, in America, we have to have they leaked stories out. a reporter for a newspaper expose to us such problems with our technology One story that was leaked to the has, in my opinion, largely been the di- information that Members of Congress Wall Street Journal by the administra- and the public should have a legitimate rect result of this government, our own tion dealt with the Chinese acquiring government. We have sent the mixed right to understand and know. our W–88 missile technology, or our nu- It reminds me of that famous na- signals. We have lowered the threshold. clear warhead technology, not missile We have removed the whistleblowers. tional intelligence estimate that this technology. And the reason why that administration spun out four years ago We have stopped people from doing was leaked is because that leakage oc- their job. The question of why that oc- when the President said we have no curred during a Republican administra- curred is something that needs to be need to worry about any long-range tion. explored. Our Select Committee did missiles hitting America for at least 15 Now, I can tell my colleagues that years, when the CIA publicly put that the members of the Select Committee, not look at that, but the problem of document out and the President used both Democrats and Republicans, were the technology being transferred is that document to veto our defense bill. not looking at what administration real. Three years later, after tremendous was responsible for security breaches. For five months, Mr. Speaker, we pressure from many of us in this room We did not care whether it was Clinton, have tried. Every one of the nine mem- from both sides of the aisle, the CIA Bush, Reagan, Carter, whomever. Our bers of the Select Committee has tried has now publicly reversed itself and job was to do the right thing for Amer- to get this document out for the public has acknowledged that North Korea ica. to see. My comment was repeatedly, has a long-range ICBM today. That is But what did the administration do? look, let us not have any more spin, the kind of spin that this administra- They tried to spin it: ‘‘We will leak the just release the document and let the tion has placed on national security story about the W–88 because of the American people and the Members issues for seven years, but now it is press feeds on that, and they will think draw their own conclusions. It has about to unfold. that is what the China Select Com- taken us five months to make that Also tomorrow, Mr. Speaker, at 10:30 mittee looked at, and that was done happen. Tomorrow, that report will be in the morning the gentleman from during a Republican administration,’’ released. California (Mr. COX) and the gentleman and as the administration tried to say, I can remember back to February 1, from Washington (Mr. DICKS) and nine ‘‘Well, we corrected those problems.’’ Mr. Speaker, and this is probably the members in total of the Cox com- That was their initial spin. best example I can give of the attempt H3492 CONGRESSIONAL RECORD — HOUSE May 24, 1999 to spin this that I can think of. Feb- others were not; or they are going to puters that are only used for very ruary 1, Sandy Berger, head of the Na- try to blame someone up in the Cabinet elaborate research or for weapons de- tional Security Council, issues a public who can be the fall guy or gal who sign. China had none. response to selected media personnel in takes the blame for what has occurred. Only two countries were manufac- this city of the response of the admin- In the end, Mr. Speaker, I am con- turing those high performance com- istration to the 32 classified rec- vinced that the blame for our security puters at that time, the U.S. and ommendations that we made in the Cox lapses, as Harry Truman said, started Japan, and both of our countries had committee. at the top where the buck stops. The an unwritten understanding that nei- So in January we make our rec- administration sets the policy. ther would sell these high performance ommendations and we issue the report Now, some would say, well, the Presi- computers to those nations which were and it is all classified. Without dis- dent cannot know everything, and this or could become potential adversaries cussing their actions at all with any is true. Some of my CIA friends have of the U.S. member of the Cox committee, on Feb- told me that this is one of the first We relaxed our policy on exporting ruary 1 Sandy Berger releases in a pub- Presidents since Eisenhower who never high performance computers, Mr. lic format the White House’s response sees the CIA’s morning briefers, never Speaker, and in two years, by 1998, to those 32 recommendations. sees them. He chooses not to see the China had acquired over 350 high per- Now, if that was not bad enough, Mr. briefers who are coming in to advise formance computers. Speaker, two days later we have a him of security concerns. The CIA does Now, we were told the State Depart- Committee on National Security brief not even know if the President reads ment would monitor where they were that is open to Members only. The brief the daily brief provided to him. What being used, but they did not do that, is being given to us by the Director of the CIA analysts that I have talked to because China would not let our State Central Intelligence, George Tenet. say is that they think that what Clin- Department monitor where these com- When he is finished his brief about ton gets is filtered through Madeleine puters went. We know now that many emerging threats and we get to the Albright and Sandy Berger. of them are being used by organs of the question and answer session, I ask the Mr. Speaker, this is going to be a bad People’s Liberation Army. They are DCI, the Director of Central Intel- week in the history of America. The being used for weapons design, they are ligence, a question. Kosovo crisis continues; Russia is being used for their nuclear programs, and those devices came from this coun- I said, ‘‘Mr. Tenet, you know that the being backed into a corner, to the try. China Select Committee one month point where they are now very antago- ago issued its report, because we gave Mr. Speaker, China did not steal nistic toward America; Bill Gertz those high performance computers; you a copy. You are the intelligence comes out with a book called ‘‘Be- they bought them. They bought them leader for our country. In that report trayal’’ which documents specific because we changed our policies. We al- we made 32 recommendations for events that have occurred that have lowed Chinese entities to acquire tech- changes, but we also reached a very undermined our national security; and nologies that up until the mid-1990s simple unanimous conclusion, and that tomorrow, a select group involving had been tightly controlled and mon- conclusion, Mr. Tenet, you know is nine Members of Congress, five Repub- itored by those people who are watch- that America’s national security has licans and four Democrats, present a ing out for our security concerns, now been harmed in a significant way by unanimous report and finding of what and in the 21st Century. technology transfers to China.’’ I asked we found, that our national security Mr. Speaker, by Thursday of this Mr. Tenet, ‘‘Do you agree with that as- has been harmed by our sale and trans- week I expect to unveil two new docu- sessment that the nine of us reached fer of technology to China. ments, documents which I have been ″ unanimously? Many Members are going to use this working on with a small group of peo- This was his answer, Mr. Speaker, as a platform to jump all over China ple for the past four months. These two two days after Sandy Berger gave the and blame the Chinese and say they are documents will not just focus on the media an unclassified response to our an evil nation. I am going to be one, China Select Committee, but will go recommendations. George Tenet said, Mr. Speaker, that stands up and says, beyond that. ‘‘Mr. Congressman, can I get back to let us pause a moment. By Thursday of this week, it is my you? I have not finished reading the re- b 1815 hope, if the graphic artists have com- port yet.’’ pleted the work, which I expect they So here was the White House on Feb- We need to engage China. Has China will, to present two large charts, if you ruary 1 issuing to selected media out- done some things that are wrong? Yes. will, the visual presentation of what lets unclassified response to a report We must deal with them. Does this has happened in terms of technology that the Director of Central Intel- mean we should isolate ourselves from transfer to China. ligence two days later said he had not China and consider all Chinese to be The first chart, Mr. Speaker, which I finished reading yet. bad people? Absolutely not, because, in have a rough sketch of, will trace every Mr. Speaker, that is why we have the end, Mr. Speaker, I am convinced front company and operative arm of problems with our national security. that the bulk of the problems that we the People’s Liberation Army that Tomorrow, the American people get to uncovered were caused by our own gov- tried to acquire and did acquire tech- see for themselves. They get to hear ernment. If we are stupid enough to nology in America, who the leaders about the warheads and the technology allow another nation to buy sensitive were, what their ties are and were, and that we have lost. They get to hear technologies, then we cannot blame how they were able to get the approval about the neutron bomb. They get to that nation. We blame our own policies to buy technology that is very sen- hear about technology involving our that caused those technologies to be al- sitive and is being used by the Chinese space launch capability. They get to lowed to be sold for the first time. military today, most of it with the sup- hear about the MIRVing nuclear war- In our testimony and in public state- port of our government. head. They get to hear about military- ments that have been on the record, so The second chart, Mr. Speaker, will industrial technology, high-perform- I am not revealing any sensitive infor- be a depiction of a time-line, starting ance computers. mation, the first director of our De- in 1993 and running through 1999. It will They get to hear about all of these fense Technology Agency called DTSA, take every major technology area of things, and in the end, the administra- whose responsibility it was to monitor concern that we have, encryption, high tion is going to try to blame someone. applications for technology sales performance computers, military-in- They are either going to try to find a abroad, and which was decimated dur- dustrial technology, space launch capa- scapegoat within the administration ing this administration, Steve Brian bility, nuclear weapons, it will take all who they can say caused these prob- said that in 1996 China had zero high of those technology disciplines and will lems, as they are currently trying to performance computers. None. These track them through that 6 year time do in the Department of Energy, trying are the high end supercomputers, high period, and it will list specific dates to blame the labs, when some of the performance computers in the 8 to when actions took place in this admin- labs were doing an adequate job but 10,000 MTOPS range, very capable com- istration to allow those technologies to May 24, 1999 CONGRESSIONAL RECORD — HOUSE H3493 be transferred. Almost all of those ac- to be dealt with, as in our laboratories responsibility for his actions and the tions were done voluntarily by our and the network that the Chinese es- collective actions of this administra- country. tablished. But if we are foolish enough tion. Mr. Speaker, in the end we have got to allow China to set up front compa- f to understand that we are now going to nies and buy technology from us, who ASIAN PACIFIC AMERICAN begin to pay the price for 7 years of is wrong? The Chinese, who are abiding HERITAGE MONTH gloating over our economy, 7 years of by our laws and buying technology in gloating over what was supposed to be many cases that we sell them, or are The SPEAKER pro tempore (Mr. world security, 7 years of pretending we at fault for loosening our controls SIMPSON). Under the Speaker’s an- Russia and China were not potential and allowing them to buy these tech- nounced policy of January 6, 1999, the problems, and rather than being up nologies? gentleman from Guam (Mr. UNDER- front and candid and transparent with The same thing is true with compa- WOOD) is recognized for 60 minutes. Russia and China, we glossed over nies. American industry by and large Mr. UNDERWOOD. Mr. Speaker, I ap- problems. We pretended things were wants to do the right thing, but if we preciate the opportunity to share with not happening. We told Yeltsin we send confusing signals, if we change the American people and the Members would help him get reelected. We did the regulations, if we loosen up the of the House a special order on Asian not want to offend Jiang Zemin. In standards, then most American indus- Pacific American Heritage Month. doing that, we gave away technology try should not be blamed when these As many people know, and it is being that America is going to have to deal very technologies are then sold abroad widely celebrated in various commu- with for the next 50 years. because we have allowed those prac- nities throughout the Nation, May of Mr. Speaker, this is not a partisan tices to go on. every year is Asian Pacific American issue. Democrats and Republicans in As I said earlier, there are companies Heritage Month. I want to thank the this body and the other body have been that deserve to be investigated, and previous speaker for making a clear together on national security concerns. two are under criminal investigation distinction between some of the prob- Democrats and Republicans have right now. But I would hope tomorrow lems and some of the issues concerning worked hand-in-hand over the years in and for the rest of this week as we get espionage and some of the security protecting America’s security. ready to celebrate the Memorial Day issues that we are currently experi- This battle, Mr. Speaker, is between holiday that we as a Nation step back encing. Mr. Weldon certainly is one of the White House and the Congress. and begin to seriously consider our na- the body’s leading experts on national This White House has done things that tional security. security, and I serve with him on the this Congress has tried to stop and It has not been a high focus for the Committee on Armed Services, and overturn. past 7 years. We have been lulled into while we may not fully agree on some Starting tomorrow and continuing a false sense of complacency. The econ- of the interpretations given to some of through the next year and a half, until omy is going strong, people are work- the challenges we face, we are cer- the presidential elections and both par- ing, inflation is low, unemployment is tainly unanimous in the sense that all ties attempt to win the White House, low, and we have been convinced that of this discussion should stay clear of the American people will have to judge the world is safe. Now, all of a sudden, any kind of aspersions cast upon the as to whether or not our security has we wake up and see Russia backed into Asian-American community. been harmed, how extensively it has a corner, China involved in tech- As chairman of the Asian Pacific been harmed, what is going to be the nologies that we never thought they American Caucus for the 106th Con- remedy for us to deal with these con- should have, North Korea deploying gress, it is my privilege and honor to cerns that we have relative to tech- long and short range missiles that now try to bring to the attention of the nology flowing into hands that eventu- threaten not just our territories, but body and the attention of the Amer- ally could be used against America. the mainland of the U.S., Iran-Iraq de- ican people the multifaceted contribu- I want to caution our colleagues, Mr. veloping medium range systems with tions of the Asian Pacific American Speaker, not to rush to snap judg- the help of Russia, India and Pakistan community to American life and soci- ments. We should not tomorrow when saber rattling with nuclear warheads ety. the China Select Committee reports and medium-range missiles. As members of the Congressional come out and bash all Chinese citizens, Where did they get the weapons from, Asian Pacific American Caucus to- or certainly not Chinese-Americans. Mr. Speaker? Where? We saw China night, my colleagues that will partici- Some of our most capable leaders in supplying Pakistan with the M–11 mis- pate and I will use this opportunity to this country are Chinese-Americans. In siles. We saw China supplying Pakistan honor, remember and celebrate the fact, some of my best friends are Chi- with ring magnets. We saw China sup- Asian and Pacific Islander Americans nese-Americans, leaders in the aca- plying Pakistan with the technology in our country. demic world, the scientific world, the for the nuclear furnaces. We saw Rus- In fact, it is important to note that technology world. We must make sure sia supplying India with technology. over 65 Congressional districts have a that we let them know that they are Why are we surprised? All of a sudden population of at least 5 percent Asian solid Americans that we respect. We we come with the realization, we have Pacific Americans, and some 28 Con- must not let this report come out and problems in the world, and we have not gressional districts have over 10 per- be an effort where Members of Congress dealt with those problems in a fair, cent Asian Pacific Americans in their come out and trash China and trash open and honest way, in spite of tre- home areas. our relationship with those Chinese mendous efforts by Republicans and The history of APA month dates American leaders in our communities Democrats in this body and the other back to some legislation introduced by across this country. body. former representative Frank Horton The problem in the end, Mr. Speaker, It is time to end the spin, Mr. Speak- from New York in 1978 establishing is with us. It is within our own govern- er. It is time for this administration to Asian Pacific American Heritage Week ment. We should not try to find any end the nauseating spin, the spin doc- to draw attention to the contributions scapegoats. We should not try to blame tors at the White House, who want to and to the conditions of this growing industry. We should not try to just spin everything, to make it look as if part of the American population. In blame the Chinese. We should not just they have no role to play, just as they 1990 the week was extended to a month, try to blame any one group. did when they lost the Congressional and it was not until 1992 that legisla- The bulk of the problems I think we elections and did not want to accept tion was actually passed to make APA will find were caused by our own ac- any responsibility in the White House. month a permanent occasion during tions, by our own decisions, to ease up It was all the fault of those Members of the month of May. on the control mechanisms, to make Congress who were out of touch. This is supposed to be the time that technology available for sale. This is It is about time this administration America recognizes the heritage that not to say there are not cases of espio- and this President understand that the many communities which actually nage, because there are, and they need once in awhile he needs to accept the make up the rubric of Asian Pacific H3494 CONGRESSIONAL RECORD — HOUSE May 24, 1999 America bring to the cultural complex field of scientific research and journal very complimentary article in A Maga- of America, and it is a very complex publications and government consulta- zine, which is a national Asian maga- contribution, and a series of actually tion. zine. I want to congratulate him for many heritages. In the field of the arts, we have per- that. He has a number of issues to I am a Pacific islander, and with us formers like Yo-Yo Ma, a cellist with share. I was certainly glad that he has today are the gentleman from Amer- the Boston Symphony Orchestra who come to this House to grace us with his ican Samoa (Mr. FALEOMAVAEGA) a Pa- dazzles us with his artistry and has presence. cific islander, and Mr. WU, a freshman some 12 Grammy awards to his name. Mr. WU. Mr. Speaker, I thank the member from Oregon, who is of Chinese We also have actresses like Ming Na- gentleman from Guam (Mr. UNDER- ancestry. We represent a wide variety Wen, who not only starred in critically WOOD) for yielding to me. of cultures and civilizations. Actually acclaimed movies such as the ‘‘Joy It is a special pleasure for me to the area that we draw off account for Luck Club,’’ but also lent her voice to stand here in honor of Asian Pacific over half of the world’s population. the famous animated musical ‘‘Mulan.’’ American Heritage Month. I am proud These multiple heritages range from In the area of government, we have to serve as the Vice Chair of the Con- the ancient civilizations of the Indian outstanding civil leaders such as Bill gressional Asian Pacific American Cau- subcontinent and China, to the island Lann Lee, acting attorney general for cus, and it is my great privilege to Pacific, from Japan, Korea, Vietnam civil rights, who has led our Nation’s stand on the floor of this House as the and the Philippines. We add our cus- fight for equal opportunity for the past first Chinese American to serve in this toms and traditions to the beautiful year and a half and has done an out- body in the 220-year history of this tapestry which makes up American standing job. country. life. In our armed forces, we have General We all may have our small footnotes Eric Shinseki, current Vice Chief of in history, but I try to keep a touch of b 2030 Staff for the U.S. Army, who has had 33 humor, and in this town maybe even This diversity is good for America. years of military service, won numer- tougher, a touch of humility about Sometimes we think of minority ous awards, and has recently been nom- what happens around here. groups, minority communities as some- inated to the post of Chief of Staff for I would like to share a little story how areas of problems to resolve, that the U.S. Army, which would make him that happened right here in this Cham- there is always some dimension of the highest ranking officer in the U.S. ber. The story is only slightly humor- ous, but perhaps more importantly, it them that invites solutions to some Army, certainly the highest ranking helps illustrate the point which I would preceding problem. officer of Asian Pacific American an- like to make tonight. I want to happily acknowledge that, cestry to rise to that position in our as Pacific Americans, indeed all Ameri- When I was younger, I attended one country’s history. year of medical school, and sometime cans of all races and all ethnic back- In the scientific field, we have inno- during the fall of that year decided grounds should be proud of who they vative doctors such as Dr. David Ho, are and the multifaceted contributions that I wanted to leave medical school Times Magazine’s 1996 Man of the Year. to make a broader difference. When I that they have made to America’s so- Dr. Ho is renowned for his ground- cial fabric. called home to share that with my fa- breaking research on HIV and AIDS, ther, let us just say that he was not Despite the diversity of the back- and he is currently the scientific direc- grounds that make up the Asian Pa- pleased. He was not pleased at all. tor of the world’s largest independent During the next year, when I took a cific American community, we are AIDS research laboratory. leave of absence and worked for a united by a characteristic concern for Kalpana Chawla, on the other hand, while, I received a stream of articles, family, for making sure that we pro- is renowned in her work on the 1997 Co- newspaper articles from my parents, tect and nurture each other, those in lumbia Space Shuttle mission. She is from my dad in particular, and it was our immediate once commonly referred the first East Indian American who has all about doctors, doctors who were to as nuclear family, as well as in our traveled to space. doing wonderful things in impoverished extended family, whether in education, In the media, we are graced with neighborhoods, really working in com- in business, and just about everything such talented television journalists as munities where they were needed. It in life, we are working hard not only Ann Curry, a two-time Emmy award was also about lawyers and those arti- for ourselves, but for our families, and winning anchor, and she has joined the cles about ambulance-chasing lawyers making sure they get better opportuni- cast of ‘‘NBC Dateline’’ and the highly who were up to no good. My father was ties and encouraging our young people popular national morning news show, really, really hoping, I think, that I while we pay attention to our elders. ‘‘The Today Show.’’ would go back to medical school. This concern for family across gen- Michelle Kwan’s artistry and ele- Now fast forward 20 years, and I was erations I think is characteristic, good gance on the ice have demonstrated to sitting just about there on this floor. It strong characteristic of all of the com- us just how far determination and dedi- was January 6 of this year. I was about munities which make up Asian Pacific cation can take us. On the other hand, to be sworn in as a Member of Con- America, and it is something that we the grace of Michelle Kwan is balanced gress, probably the proudest day of my proudly wish to share with the rest of with the agility and force of Junior live. My parents were sitting right up America. Seau. American Samoan by ancestry, there. My wife was somewhere over This is the month where we can call Junior is a football player with the San here. My in-laws were somewhere over attention to the best of our community Diego Chargers, has been voted for six here, and I could not see them. and to demonstrate to Washington and consecutive Pro-Bowls and was named But I could see my father. I could see to the Nation that Asian Pacific Amer- 1994 NFL linebacker of the year. my father. As I looked up at him, I icans are making their mark and mak- We have, of course, the gentleman could not help but think, I wonder if he ing their contributions in all segments from American Samoa (Mr. still wishes that I graduated from med- of society. FALEOMAVAEGA), who, despite the size ical school? There are people like Vera Wang and of his congressional district, has more I am telling that story because I Josie Natori, both fashion designers players in the NFL than probably any think that it is something very posi- who are internationally renowned for six other congressional districts com- tive in our community, that we have a their creations. There are entre- bined. So I am sure he will tell us a lit- lot of people who have become pros- preneurs like Jerry Yang, founder of tle bit more about that. perous, who are engineers, who are sci- Yahoo, Incorporated, and Robert Of course we have in politics, we have entists, who are business owners, but Nakasone, president and chief execu- not as many as we would like, but we very few people who have gone on to tive officer of Toys ‘‘R’’ Us. certainly have a number of them. fields like law and politics. We also shine in the education field. Mr. Speaker, I yield to Vice Chair of But I am proud to say that there is a Dr. Chang-Lin Tien is the former chan- the Asian Pacific American Caucus, movement afoot across America, and I cellor of U.C. Berkeley and has made the gentleman from Oregon (Mr. WU), am proud to report to the House to- many outstanding contributions to the who has recently been featured in a night that there is a very positive May 24, 1999 CONGRESSIONAL RECORD — HOUSE H3495 trend occurring in Asian American courage your children to grow up in he might add. I am proud to say that communities. Gordon Quan in Houston, this country, to be a part of this cul- he went to school on Guam in middle Max Inge in New York City, Barry ture and, in so doing, to become dif- school. Chang, whom I just visited in Cali- ferent from you. It is a great sacrifice Mr. FALEOMAVAEGA. Mr. Speaker, fornia, Silicon Valley, Charlie Woo, for any parent to make, and countless I want to thank my colleague for the who is visiting in Washington today generations of immigrants before you opportunity to hold this celebration to but who is starting a movement in Los have made that sacrifice. commemorate the rich and diverse her- Angeles, and other places like my But I am here to ask you to make itage of Asian-Pacific Americans who home in Portland, Oregon, from Chi- one more sacrifice, and that is to en- call our great Nation, the greatest de- cago to St. Louis to Washington, D.C., courage your children to pursue their mocracy in the world, home. where Asian Americans are recognizing passions, no matter what that passion I want to further commend our host, the importance of encouraging the next is, whether that is to become a doctor the gentleman from Guam (Mr. UNDER- generation to branch out, to branch or become a dentist or teacher. But if WOOD), chairman of the congressional out from the traditional professions they choose to become an artist, a Asia-Pacific Caucus and my fellow Pa- like science, like engineering, as good journalist, a lawyer, or even to enter cific Islander, for his tremendous lead- as those professions are, from den- into public life, to encourage them in ership of the Asia-Pacific Caucus and tistry, from medicine, into new fields the pursuit of that passion, to make his magnificent job in coordinating like art or journalism or law or even one more sacrifice for your children. this event today. politics. I will say to your children that it is And I certainly would like to com- I believe that it is vitally important a two-way street. When I was young, mend my colleague, the gentleman for Asian Americans to participate in my parents encouraged me to keep up from Oregon (Mr. WU) and also the gen- the political process. We often hear my Chinese and to study hard. There tlewoman from Hawaii (Mrs. MINK), complaints about not being fairly was always something better to do, who will also be participants, as they treated in the media or in other public whether it was to go out and play with will be participating in this dialogue. A few years ago, I was privileged, bodies. But I submit to my colleagues my friends or because the ice cream along with my Asian-Pacific colleagues that the only way to make a truly last- truck was coming by. on Capitol Hill, to attend a special ing and positive and constructive dif- I say to the younger generation, lis- White House ceremony where President ference is to get involved and to stay ten to what your parents have to say. Clinton signed an official proclamation involved, to become part of shaping the Keep in touch with the culture and the dialogue and influencing the process declaring the month of May as ‘‘Na- language. It is good for you, and your tional Asian-Pacific Heritage Month.’’ ourselves. parents are asking something that will That is what is happening across the Today I am privileged again to be be ultimately good for you, and you Nation today, to do what groups across here before my colleagues to speak to will appreciate it in the years to come. America are doing to continue to in- the Nation and to our colleagues and to Mr. Speaker, I am proud to stand on still in our generation and the next the share this occasion honoring the endur- the floor of the House tonight on the importance of taking school seriously, ing legacy of those Americans whose and not just taking school seriously occasion of Asian Pacific American roots extend from the soils of nations but taking participation in the polit- Heritage Month and report to my col- in the Asian-Pacific region. ical process seriously, to pass on to our leagues that, while much still remains Mr. Speaker, in honoring this month young folks what we have learned from to be accomplished, we have made as our national Asian-Pacific Heritage our lives and the lives of our parents: great progress, and we will continue to Month, it was my privilege to have that the opportunity to participate in make that progress year by year, gen- been invited recently to speak before the American dream is a gift of the eration by generation. our men and women in uniform sta- American spirit, and that we should Mr. UNDERWOOD. Mr. Speaker, I tioned at Fort Campbell, Kentucky, not let any part of this gift slip away. thank the gentleman from Oregon (Mr. Fort Knox, Kentucky, and also at Ed- We must fully participate in the proc- WU) for his remarks, and he certainly wards Air Force Base in California to ess. tried to encourage generations, the share with them an historical perspec- I am grateful every day to share in younger generation, to increase their tive on the contributions of the Asian- that process. I do my job each and level of participation in the public and Pacific community as part of our Na- every day with the faith that we are political life in this country. tion’s heritage. serving a larger process. We all need to During this past week, as part of Mr. Speaker, I want to personally participate as Americans. This is the Asian Pacific American Heritage thank Major General Robert Clark, the message being brought to other Asian Month, there were efforts here to help Commanding General of the 101st Air- Americans, to urge them to get in- train some locally elected officials borne Division; Colonel Virgil Packett, volved and to stay involved. from various parts of the country who II, the Assistant Division Commander; Each new immigrant group that are of Asian Pacific American heritage, and Command Sergeant Major Iuni comes to America has learned, some- and that is a very important contribu- Savusa, both members of the 101st Air- times the hard way, that to be a voice tion. I think it is good not only for borne Division. I want to thank these at the table, we must make sacrifices. those communities, I think it is good gentlemen for the courtesies, the brief- We as Asian Americans are clearly in for America and certainly will help to ings, and the hospitality that were ex- the early formative stages of political strengthen America. tended to me during my visit. And my commendations also go to participation. b 2045 Like every other group that has Colonel Scott Feil, Commander of the come to America before us, so many GENERAL LEAVE First Armored Training Brigade; Colo- sacrifices have been made already. But Mr. UNDERWOOD. Mr. Speaker, I nel George Edwards, the Garrison Com- one more sacrifice is left to be made. I ask unanimous consent that all Mem- mander; Mr. Jack Eubanks, the Chief add this to Asian Americans of the bers may have 5 legislative days within Protocol Officer; and Sergeant First older generation, to those of my par- which to revise and extend their re- Class Emani Masaniai of Fort Knox, ents’ generation, perhaps to anyone marks and to be permitted to include Kentucky. who is older than I: You who have therein extraneous material on the These gentlemen received me during made so many sacrifices already, you subject of this special order. my visit at Fort Knox, and they did a have come to a foreign country, The SPEAKER pro tempore (Mr. splendid job in making the proper prep- learned a foreign language, you have SIMPSON). Is there objection to the re- arations for the special event and the worked hard to make your families quest of the gentleman from Guam? opportunity to meet with the active prosperous. You have really helped There was no objection. duty and retired military personnel your children get an education and Mr. UNDERWOOD. Mr. Speaker, I and their families. I thank them for my helped them become Americans. yield to the gentleman from American visit to Fort Knox. That is perhaps one of the largest Samoa (Mr. FALEOMAVAEGA), my fellow Last but not least, Mr. Speaker, I sacrifices that you have made, to en- Pacific Island brother, for any remarks want to also extend my sincere thanks H3496 CONGRESSIONAL RECORD — HOUSE May 24, 1999 and appreciation to Major General After years of study and work, this And, yes, in the field of professional Richard Reynolds, the Commanding man, Dr. Hideyo Noguchi, isolated the American football, as has been alluded General of the Edwards Air Force Base syphilis germ, leading to a cure for the to earlier by my colleague from Guam Flight Test Center; Mr. Jim Papa, the deadly, widespread disease. (Mr. UNDERWOOD), we currently have Executive Director of the Air Force For decades, Dr. Makio Murayama, a approximately 21 American-Samoans Flight Test Center; Ms. Mary Jane Japanese-American, conducted vital who play in the NFL. And I am humble Gugliotte, the Protocol Officer; Ms. research in the United States that laid enough to say that we probably Leonila Marcelino of the Asian-Pacific the groundwork for combating sickle produce more NFL players, Mr. Speak- Employment Office; Mr. Nuu Moa of cell anemia. er, than anybody here in this country. the Samoan community; and Air Force In 1973, Dr. Leo Esaki, another Japa- Yes, Junior Seau, the perennial all- Major Kevin Toy from the Air Force nese-American, an immigrant also to pro linebacker from the San Diego Congressional Liaison Office. I want to our country, was awarded the Nobel Chargers. I am sorry to say that Jesse thank them all for making my stay at Peace Prize in physics for his electron Sapolu of the San Francisco Forty- Edwards Air Force Base a positive ex- tunneling theories. Niners just recently retired. perience that I will not forget. And in engineering, Mr. Speaker, few I can go on, Mr. Speaker, but my col- In particular, I want to thank Gen- have matched the architectural mas- leagues might be bored by their hear- eral Clark of the 101st Airborne Divi- terpieces created by the genius of Chi- ing these remarks. sion and General Reynolds of the Ed- nese-American, I.M. Pei. In the field of professional boxing, I In the field of business and com- wards Air Force Base Test Center for would suggest to my colleagues and to merce, the names of prominent Asian- the depth of their knowledge of our Na- my fellow Americans to keep an eye on Pacific American corporate leaders and tion’s security needs. And I thank both this young Samoan heavyweight boxer legal scholars are too numerous to of these gentlemen for the outstanding by the name of David Tua. Yes, David mention. One only need read our Na- leadership roles that they demonstrate Tua. He now ranks among the top 10 in tion’s top periodicals and newspapers not only to the airmen and soldiers the world in the heavyweight division to document that Asian-Pacific Amer- under their commands, but more im- in boxing. ican students, both in high school and portantly their commitment to provide And one of the brightest stars to at secondary and post-secondary levels as best as possible for the needs of our emerge recently from our community, are among the brightest minds that Mr. Speaker, is none other than Tiger men and women in uniform and espe- our Nation has produced. Woods. Yes, Tiger Woods, the profes- cially their families. In the entertainment field and sional golfer. I think Tiger Woods Mr. Speaker, I am privileged today to sports, American martial arts expert be here before my colleagues to speak Bruce Lee, the late Bruce Lee, cap- could not have said it better. He is part to the Nation and to share this occa- tivated the movie audiences of this Na- American Indian, he is part black sion in celebrating the contributions of tion while destroying the stereotype of American, he is part white; but his the Asian-Pacific American commu- that passive, quiet Asian-American mother is from Thailand. And he said nity, well over 10 million strong and male. this is what makes him the best golfer among the fastest growing demo- World class conductor Seiji Ozawa there is in the world. graphic group in the United States has led the San Francisco Symphony Tiger made history, of course, in one today. Orchestra through some brilliant per- of the world’s most important golf During this time for celebration, it is formances over the years. tournaments. And before his career is only fitting that we honor our fellow About 70 years ago, Mr. Speaker, a finished, I submit, Mr. Speaker, he will citizens of Asia-Pacific descent, both native Hawaiian named Duke reinvent the game of golf. from the past and from the present, Kahanamoku shocked the world by We also have Asian-Pacific Ameri- that have blessed and enriched our Na- winning the Olympic Gold Medal in cans who are making their mark in his- tion. I submit that the Asian-Pacific swimming, followed by Dr. Sammy tory not in our country, but in the Far Americans have certainly been an asset Lee, a Korean-American who also won East. Yes, a Samoan-American by the to our country’s development, and it is an Olympic Gold Medal in high diving. name of Salevaa Atisanoe weighs over appropriate that we make this recogni- And the strange thing about Dr. 578 pounds, participates in the ancient tion accordingly. Sammy Lee, Mr. Speaker, at the time sport in Japan called sumo wrestling As many of you are aware, immigrants from when the Olympic members of our and wrestles by the name of Konishiki. the Asia-Pacific countries are amongst the team were practicing for the Olympics Yes, he weighs only 578 pounds, Mr. newest wave to arrive in the United States in at that time, Dr. Lee was not even per- Speaker, but he can bench press 600 recent years. However, they are merely the mitted to practice along with his fel- pounds. Figure that out. Konishiki was latest chapter in the long history of Asian-Pa- low divers, American divers, simply be- the first foreigner in Japan’s centuries- cific Americans in our nation. cause he was not white. old sport to break through to the rari- The people of Asia-Pacific have con- Then there was Tommy Kono of Ha- fied air of sumo’s second highest rank. tributed much to America’s develop- waii, also an Olympic Gold Medalist in And another of Tongan-Samoan de- ment in the field of sciences and medi- weightlifting. And, yes, perhaps the scent, Mr. Leitani Peitani, who now is cine. For example, nothing exemplifies greatest Olympic diver ever known to known basically as Musashimaru, has this more than Time Magazine’s selec- the world, a Samoan-American by the also gained prominence in the sport of tion of a Chinese American in 1996 as name of Greg Louganis, who recorded a sumo wrestling. its Man of the Year, Dr. David Ho, head record in gold medals and national And, yes, we also have native Hawai- of the prestigious Aaron Diamond championships that will be in the ian Chad Rowen, who wrestles by the AIDS Research Center at New York books for a long, long time. name of Akebono, the first foreigner to City’s New York University Medical And, yes, the enthralling Olympic achieve the highest ranking in this an- School. ice-skating performances of Japanese- cient sport and the rank of Yokozuna. Dr. Ho’s journey started as a 12-year- American Kristi Yamaguchi and Chi- Mr. Speaker, in honoring the Asian- old immigrant from Taiwan. Gracing nese-American Michelle Kwan continue Pacific Americans that have served to the cover of Time Magazine has given the legacy of milestone achievements enrich our country, I would be remiss hope to millions of people around the by our Asian-Pacific community. not only as a Vietnam veteran, but as world afflicted by the HIV virus. His In professional sports, of course, we a former member of the 100th Battalion story is a stirring testimony to the sig- have Michael Chang blazing new paths 442nd Infantry Reserve Unit in Hawaii nificant concrete contributions that in the sport of tennis. Pacific Islanders, if I did not honor the contributions of Asian-Pacific American immigrants and I know some of our fellow Ameri- the Japanese-Americans who served in have made to our Nation. Dr. Ho’s sci- cans are not well up on the sport of the U.S. Army’s 100th Army Battalion entific advances continue a long record rugby, but by mentioning names of Pa- and 442nd Infantry Combat Group. of service by Asian-Pacific Americans. cific Islanders like Brian Williams and Mr. Speaker, history speaks for itself In 1899, a Japanese immigrant ar- Jonah Lomu and Michael Jones and in documenting that none have shed rived on the shores of this Nation. others of Polynesian descent. their blood more valiantly for America May 24, 1999 CONGRESSIONAL RECORD — HOUSE H3497 than the Japanese-Americans who while some Americans of German and nity has been unfairly tarnished in the served in these units while fighting Italian ancestry were discriminated media for the alleged transgressions of enemy forces in Europe during World against, these Americans were not a few. War II. similarly jailed en masse like Japanese I find this racial scapegoating to be Mr. Speaker, the records of the 100th Americans. Some declared the incident repugnant and morally objectionable. Battalion and 442nd Infantry are with- as an example of outright racism and Playing up fears of the ‘‘Asian connec- out equal. These Japanese-American bigotry in its ugliest form. After view- tion’’ serves to alienate Asian Pacific units suffered an unprecedented cas- ing the Holocaust Museum recently, Americans from participating in our ualty rate of 314 percent and received Mr. Speaker, in Washington, D.C., I un- political process. Moreover, this nega- over 18,000 individual declarations, derstand better why the genocide of tive reporting acts to marginalize many awarded posthumously, for brav- some 6 million Jews has prompted the Asian Pacific American political em- ery and courage in the field of battle. cry, ‘‘Never again. Never again.’’ Like- powerment at a time when we are com- Given the tremendous sacrifices of wise, I sincerely hope that mass intern- ing of age in American politics. lives, a high number of medals were ments on the basis of race will never When whites raise money for whites, awarded to these units: 52 Distin- again darken the history of our great it is called gaining political power. But guished Service Crosses; 560 Silver Nation. I am also told that probably when Asian Pacific Americans begin to Stars; 9,480 Purple Hearts. I find it un- one of the reasons why the Italian participate, we are accused of being usual, Mr. Speaker, that only one Americans were not also placed in con- foreigners trying to infiltrate the Medal of Honor was awarded. centration camps, can you imagine if mainstream of our Nation’s political Nonetheless, 442nd Combat Group Joe DiMaggio’s father was given the system. On this note, Mr. Speaker, re- emerged as the most decorated combat same treatment at the time when Joe member the Oklahoma City bombing unit of its size in the history of the DiMaggio was the great American incident? Americans of Arab descent United States Army. President Truman baseball player and hero of all the peo- were immediately targeted and inves- was so moved by their bravery on the ple? That is exactly what happened. tigated by local Federal law enforce- field of battle, as well as that of black To those that say, ‘‘Well, that oc- ment agencies. Mr. Speaker, I submit American soldiers who served in World curred decades ago,’’ I say, we must it is simply wrong and unAmerican to War I and World War II, that he issued continue to be vigilant in guarding react this way. an executive order to desegregate the against such evils today. To protect America’s greatness, we armed services. I am pleased to announce for the first should all be sensitive to the fact that I am proud to say we can count on time, as has been mentioned earlier by democratic participation by people of the Honorable DANIEL INOUYE and the my colleague from Guam, that Presi- all races and backgrounds, including late Senator Spark Matsunaga, both dent Clinton has nominated General Asian Pacific Americans, is crucial to from the State of Hawaii, as not only Eric Shinseki, an American of Japa- our Nation’s health and vitality. Members of Congress that distin- nese descent from the State of Hawaii, I believe Yamashita’s case and the guished themselves in battle as soldiers to become the new Chief of Staff for hysteria surrounding the Asian Pacific with the 100th Battalion and 442nd In- the Army. General Shinseki is cur- American contributions bear implica- fantry. It was while fighting in Europe rently the Vice Chief of Staff for the tions not just for the military and the that Senator INOUYE lost his arm and U.S. Army. Previous to his current po- media but for our society as a whole. It was awarded the Distinguished Service sition, General Shinseki was formerly asks the question, how long do we have Cross, the second highest medal for Commanding General of U.S. Army Eu- to endure the attitude of those who bravery, as it is noted today. rope, Commander of Allied Land consider Asian Pacific Americans and These Japanese-Americans, Mr. Forces in Central Europe and was Com- other minorities as lesser Americans? Speaker, paid their dues in blood to mander of the NATO Stabilization I applaud Captain Yamashita and protect our Nation from its enemies. Force in Bosnia. others like him who have spoken out to And it is a shameful mark, Mr. Speak- I am pleased by General Shinseki’s ensure that racial discrimination is not er, on the history of our country that appointment. It was not long ago we tolerated. During this month as we rec- when the patriotic survivors of the had the case of Bruce Yamashita, a ognize the diverse experiences and con- 100th Battalion and 442nd Infantry re- Japanese American from Hawaii who tributions of the Asian Pacific Amer- turned to the United States, many of was discharged from the Marine Corps ican community to our Nation, I would these soldiers were reunited with their officer training program in an ugly dis- hope that we will all take inspiration parents, their brothers and sisters, who play of racial discrimination. Marine from this example. were locked up behind barbed wire Corps superiors taunted Yamashita When I envision America, I do not see fences living in concentration camps. with ethnic slurs and told him, ‘‘We a melting pot, Mr. Speaker, designed to don’t want your kind around here. Go reduce and remove racial differences. b 2100 back to your own country.’’ The situa- The America I see is a brilliant rain- My colleagues on the hill might be tion was made worse when the Com- bow, a rainbow of ethnicities and cul- interested to know that the gentleman mandant of the Marine Corps at the tures, with each people proudly con- from California (Mr. MATSUI) and time who appeared on television’s ‘‘60 tributing in their own distinctive and former Representative Norman Mineta Minutes’’ stated, ‘‘Marine officers who unique way. That is what America is were children of the concentration are minorities do not shoot, swim or all about. And Asian Pacific Americans camps. Mr. Speaker, I do not know if I use compasses as well as white offi- wish to find a just and equitable place am ever able to perform what these cers.’’ in our society that will allow them, Japanese American soldiers could do. If After years of perseverance and ap- like all Americans to grow, to succeed, you could well imagine coming home peals, Mr. Speaker, Mr. Yamashita was to achieve and contribute to the ad- from war, facing the reality that you vindicated after proving he was the vancement of this great Nation. might never return and then when you target of vicious racial harassment Mr. Speaker, I wish there were no la- come home, you have to find your par- during his officer training program. bels. I wish I was not considered a Pa- ents and your brothers and sisters in The Secretary of the Navy’s investiga- cific American or an Asian American these concentration camps, I say, Mr. tion into whether minorities were de- or a Black American or a Native Amer- Speaker, something was awfully wrong liberately being discouraged from be- ican. I never hear of people classifying at that time in our country. coming officers in the Marine Corps re- themselves as French Americans, or The wholesale and arbitrary abolish- sulted in Yamashita receiving finally British Americans. But why these la- ment of the constitutional rights of his commission as a captain in the bels? these loyal Japanese Americans will United States Marine Corps. With that in mind, Mr. Speaker, I forever serve as a reminder and testa- I am also disturbed, Mr. Speaker, by would like to close my remarks by ask- ment that this must never be allowed events of recent years involving cam- ing, what is America all about? I think to occur again. When this miscarriage paign funding where the integrity of it could not have been said better than of justice unfolded in World War II, the Asian Pacific American commu- on the steps of the Lincoln Memorial in H3498 CONGRESSIONAL RECORD — HOUSE May 24, 1999 1963 in that hot summer when a Black looked down upon because of the mere problems as we go through our lives. American, an American, by the name fact of our Asian appearance. The con- And it is important for the Asian Pa- of Martin Luther King Jr. echoed this clusions that are leaped to, that we cific community to stand up as a saying, ‘‘I have a dream. My dream is neither speak English nor have been group, to be proud of their contribu- that one day my children will be educated in this country, and that we tions to American life, proud of their judged not by the color of their skin are undoubtedly immigrants, recent citizenship, proud of their ancestry and but by the content of their character.’’ immigrants, or some characterization of those who have come in recently, Mr. UNDERWOOD. Mr. Speaker, I like that. This is very hurtful for many and to always work to defend their thank the gentleman from American Asians. And so compounding on this right to live here under the Constitu- Samoa for those very inspirational re- day-to-day experience that we have to tion and to be fully protected by all of marks and the cataloging of a number endure and suffer throughout our lives, the provisions of the Constitution of of successes that members of various the crescendo of criticism that has the United States. Asian Pacific American communities been levied upon all of us because of I want to take this opportunity this have had and their contributions that the misconduct of a few or the appar- evening to thank the members on both have been made to this country. Never- ent misconduct of a few among us is an sides, the House and the Senate, in theless we continue to face many seri- extremely painful experience. As the their work in the conference com- ous issues. Sometimes we must address gentleman from Oregon (Mr. WU) sug- mittee in approving the $4.3 million those issues in a way that communities gested, we have a huge task, therefore, which is the last funding for the pay- must in order to find ways to resolve as Asian Pacific elected individuals in ment of the reparations that the gen- problems that continue to exist. Some the Congress of the United States to tleman from American Samoa men- of these problems are long-standing. serve as role models, to make sure that tioned had been enacted in 1988 to pay Some of them have to do with new im- the young people who are thinking in for the great harm, the insult, the terms of government service, of elec- migrant status. Some of them have to travesty that occurred in their being tive office, or seeking high positions in do with current practices and current placed in relocation camps during their local communities, that they are laws and current perceptions. World War II. I know that in that regard and in not discouraged by this dramatic news b working on those issues, the gentle- coverage that hits us every now and 2115 woman from Hawaii has been on the then. Congress finally said this is a terrible forefront of many of these issues. She Following the 1996 campaign, there wrong, the Constitution was totally ab- has had a very distinguished career was so much controversy that even the rogated in this instance, and so for all here in the House of Representatives Congress got overwhelmed by a lot of those who survived, in 1988 they were and has served as previous chair of the that discussion. Out of it I believe provided a payment of $20,000 for each Congressional Asian Pacific American came some of the very, very discour- survivor. The funds simply ran out, and aging amendments that were added to Caucus, Mr. Speaker, and in that ca- there was not enough money in the welfare reform legislation and cam- pacity not only continued the struggle fund to pay the last several hundred of paign spending reform legislation for fairness and justice and equality in those that have been found eligible. So which singled out people in our society this country but continued to serve as the Congress in its wisdom provided who are legally present in this country, a mentor for those of us who are fol- the extra dollars to make sure that who are legal residents but notwith- lowing in her footsteps. every single person found eligible re- I yield to the gentlewoman from Ha- standing were somehow characterized ceived their sum that the Congress had waii. by virtue of their status as not worthy promised. Mrs. MINK of Hawaii. Mr. Speaker, I Americans. They could not participate One added implication to this whole thank the gentleman from Guam (Mr. in programs, even though they had issue was the fact that late in the worked their 10 years and paid their UNDERWOOD), and I want to express the whole process it became known that taxes into Social Security, they were appreciation of all of the members of Japanese individuals who were living somehow unworthy because they had the Asian Pacific Congressional Caucus in Latin America were picked up in the not seen fit to become U.S. citizens and for his leadership and for his effort in dark of the night and put on board therefore were pushed aside and deni- making sure that we have this time ship, and shipped over to the United grated and certain programs were de- this evening in which to express our States and placed in the same types of thoughts about Asian Pacific issues. nied them. In the campaign spending reform, concentration camps with the concur- The gentleman from American Samoa what was the most egregious provision rence of the Latin American govern- (Mr. FALEOMAVAEGA) has certainly that was added in a floor amendment ments and under the instruction by the demonstrated in the short time that he was to say that a legal resident could United States Government. These indi- took this evening the extensive record not make a political contribution to a viduals have been trying to qualify for that has been accomplished by so many Federal candidate, and that the Fed- the same benefits that have been ac- Asian Pacific individuals throughout eral candidate in receiving a contribu- corded our own Japanese American this country. I know that he just elabo- tion from a legal resident could be held citizens, but despite their efforts they rated on a few. If we had time, we could accountable and even criminally found were denied under some sort of legal document many, many more individ- accountable for having received such a argument that they were not legally uals who certainly have brought great contribution. That was the most egre- here. credit and recognition to the Asian Pa- gious of all the provisions that have Well, how could they be legally here cific community throughout this coun- been added over the years. I found that if they were kidnapped in the middle of try. I do not think that there is a sin- so egregious, that notwithstanding the the night? Most of these individuals, gle individual in the Congress of the fact that I was a strong supporter from now part of our communities, many of United States that does not recognize the very beginning of campaign spend- them have become citizens and are part the contributions that have been made ing reform, I felt compelled in the end of our community, and they felt very, by Asian Pacific individuals, even in to vote against that legislation because very much discriminated against when their constituencies. But notwith- I could not tolerate the idea that we they were excluded from the arrange- standing the tremendous accomplish- were enacting into law this kind of dis- ments that the Congress made in 1988. ments of so many of our distinguished parate treatment of people who are le- Thankfully, Mr. Speaker, the Justice Asian Pacific brothers and sisters gally within the United States. Department entered into a settlement throughout this country, there are still So I would hope that when we take with these individuals, not quite as some very nagging problems that con- up campaign spending reform again much as the other AJAs, but at least a front us, problems that have to do with this year, that that provision is not in- recognition of the great harm that had the way we look and the assumptions cluded or not considered for an appro- been perpetrated upon these individ- that people make because of the way priate amendment. uals, several thousand of them who we look, the way we are treated when My point is that we have achieved a were captured in the night and brought we enter certain places, how we are lot as a group, but there are continuing here under the assumption that they May 24, 1999 CONGRESSIONAL RECORD — HOUSE H3499 would be traded with our prisoners of other regions of the world. And I seri- terize the loyal, hard-working, dili- war that were captured by Japan, and ously raise the issue if there is fairness gent, wonderful Chinese Americans indeed about 800 of them were, in fact, and equity in the process, just as I who are living within the United bartered in this way and were moved would like to submit that in tomor- States. over to Japan and perhaps continued to row’s presentation that there should be Mr. FALEOMAVAEGA. Mr. Speaker, live there. But nonetheless, the Con- a firm understanding that this has the point is well made by the gentle- gress has accepted responsibility, the nothing to do with the Chinese people. woman from Hawaii. administration has accepted responsi- And what I am really puzzled about A classic example: The gentleman bility for this terrible act in the middle is that even our own allies have spied that has been fired from the Depart- of war and made some measure of com- upon this government, and there seems ment of Energy, supposedly giving se- pensation. to be no word or indication from the crets, in the media, the first instance, I would hope, as the delegate from media that Chinese are not the only it is a Chinese American. Never say the American Samoa said, that there ones that are spying, if they, in fact, name of the gentleman, but why does it would be continuing lessons to be are doing this. But I understand have to be stated that he is a Chinese learned by what happened during World through the media that the report is American? That is my point, and I War II, and I think it is our job to con- quite firm, with whatever data that think it is wrong for the media to tinue this education process, and so in they are going to submit, that this did make these types of stereotypes. moments like this it is important to happen. But I am at least grateful to I do not hear my fellow Americans remind the country about what hap- the gentleman from Pennsylvania say- saying a French American doing this pened. In another generation it will ing this should not be taken as an at- or a British American or a Scandina- probably be forgotten. That is the trag- tack, not only to our Chinese-Amer- vian American or a Balkanese Amer- edy: We have no place in which this ican community but even to the Chi- ican. Why the labels? And I just think story can be permanently told so that nese government, because it was our that the media has done a real dis- the people in this country can under- own government and officials that were service in adding this frenzy or this stand what happened, and what a ter- responsible. hype on this race issue which I really rible injustice it was and an outright So I think that again I want to thank think is not only inappropriate but is violation of the U.S. Constitution. the gentlewoman for yielding and to just out of place. So, Mr. Speaker, I hope that there allow me to submit this concern that I Mrs. MINK of Hawaii. Mr. Speaker, will be efforts to establish a fund, an have in listening to the gentleman we have our task cut out for us, and I education fund that will be meaningful from Pennsylvania, the remarks he had do want to thank the gentleman from and will carry this story not in a nega- made earlier about this report that is Guam (Mr. UNDERWOOD) again for mak- tive sense of condemnation, but in a going to be submitted tomorrow. ing this time available to me. I did hopeful sense that this kind of history Mrs. MINK of Hawaii. The tempta- want to go into the matter of the Fili- would never be repeated again, ever, to tion is certainly going to be ever pino veterans and the great inequity any segment of our population. present that people will scapegoat and that they have had to endure, but un- Mr. FALEOMAVAEGA. Mr. Speaker, bash and make generalizations about derstanding that we are having a spe- I thank the gentlewoman from Hawaii the entire Asian community. If one cial order on that issue alone some for her eloquent statement, and as the looked at my colleague, the gentleman time during the week, I will refrain gentlewoman will know, tomorrow is from Oregon (Mr. WU) and my col- from putting these remarks in at this going to be a very important occasion league, the gentleman from Guam (Mr. time and await that other period. whereby the Cox committee is going to UNDERWOOD), perhaps not so much my So I thank the gentleman from Guam submit a report to the Congress and to colleague from American Samoa, but (Mr. UNDERWOOD). I appreciate his lead- the Nation. This is in reference, of his mustache, but myself, they prob- ership in this effort tonight. course, to the issue of the Chinese gov- ably could not make a distinction. Mr. UNDERWOOD. Mr. Speaker, I ernment having solicited or gaining ac- Somebody would probably think we are thank very much the gentlewoman cess to the secrets and the computers all Chinese. from Hawaii (Mrs. MINK), and as she and all of that. And I, as a member of Mr. FALEOMAVAEGA. Mr. Speaker, has indicated, we will have a special the Committee on International Rela- I have been to Israel, and they think order on the matter of the Filipino vet- tions, I thank the gentleman that that I am Arab; I have been to Paki- erans I believe on Wednesday, and the talked or made his presentation earlier stan, they think I am Indian; I have gentleman from California (Mr. FIL- this evening, the gentleman from been to India, they think I am Polyne- NER), who has taken a strong leader- Pennsylvania (Mr. WELDON). sian; and, coming from the islands, ship position on that issue, and the The fear that I have in what is going they think I am from the Punjab re- gentlewoman’s own work in terms of to happen tomorrow and in the coming gion of India; and the gentlewoman the work of the Congressional Asian weeks, and I am just going to simply probably remembers, and I remember Pacific Caucus has been remarkable in label it China bashing, and I am very last year one of my own colleagues this. So this is one of the ongoing concerned about this because this is right here on this floor of the House issues that is a remnant of the war ex- going to be exactly the issue that we addressed me as the gentleman from perience, Filipinos who have fought have tried to discuss this evening Somalia. under the U.S. flag, but being denied where the stereotyping and the label- So I fully understand. There is a lit- the veterans’ benefits that were prom- ing becomes so instantaneous, and I tle problem of understanding where I ised to them as a result of them fight- must submit that the media is not come from. ing under the American flag against going to do any better, that we can just Mrs. MINK of Hawaii. Mr. Speaker, the common enemy. see what is going to happen to the Chi- however we come out on this whole Just to add a little bit more to the nese American community. They are issue of China’s connection with what issue of how the espionage should be all going to be looked upon with sus- occurred at the labs, I certainly think dealt with, it is important, and not picion and having some second that it is up to us to be completely just for perceptual reasons, because thoughts about them being not Amer- vigilant on how this debate is charac- that in itself is important, but it will ican simply because they are Chinese. terized, that when they are talking have an impact on the employment and And I sincerely hope that this is not about the government of China, that contractual opportunities of individ- going to be the case, but I am fearful, they make absolutely clear that they uals, and that is where the rubber hits just as has been my experience in the are not disparaging in any way the Chi- the road on issues like this, in much several hearings that we have held in nese American people who are living in the same way that was experienced the Committee on International Rela- the United States. I mean that has to during all the discussion of the fund- tions when we talk about human be the bottom line for all of us, to be raising scandals. I know that I heard rights. It seems that we have only fo- there, to make sure that the debate, many reports from individuals who had cused on human rights violations in the media frenzy and all of that that difficulties having access to elected of- China, but not on other countries and will follow does not in any way charac- ficials, who had appointments broken, H3500 CONGRESSIONAL RECORD — HOUSE May 24, 1999 and to the same extent that if we are strategically important phases of World War II, [From the Los Angeles Times, May 21, 1999] not careful in how we deal with this more than 200,000 Filipinos fought side-by- SPY SCARE TAINTS LABS’ CLIMATE, ASIAN particular issue, there will be addi- side with Allied forces and willingly sacrificed AMERICANS SAY tional questions asked of Asian Amer- their lives and well-being in defense of free- (By Nick Anderson) ican scientists. And in a way it is an dom. By holding off the enemy at the Battle of WASHINGTON.—On the surface the incidents ironic contrast to the fact that the Corregidor for six months, these Filipino Amer- cited by employees in the nation’s nuclear technological lead role of this country ican veterans enabled forces to mobilize back weapon laboratories were not explosive: a snide remark here, an ambiguous warning is due in large measure to the presence home. Moreover, many Filipino American sol- there. It was hardly material for a clear-cut of Asian American scientists, and in diers lost their lives as POW's during the Ba- case of workplace discrimination. fact Asian American scientists con- taan Death March, demonstrating their ulti- But to Asian Americans who work in the tinue to make this country much more mate loyalty to our country. These courageous labs, the incidents were real and their impli- secure, not less secure, and certainly men won the freedom of the Filipino people cations disturbing. Amid congressional espi- much stronger and not weaker. and made a tremendous impact on our ability onage inquiries and press reports that a Chi- The Asian Pacific American Caucus nese American lab employee may have to prevail in the Pacific Theater. helped China purloin vital nuclear weapon has many serious issues to attend to: There are many more unsung heroes like secrets, a small, indignant group of sci- the issue of Filipino Veterans’ Rights Mr. Munemori and the Filipino veterans. And it entists and engineers decided that something v. Cayetano, a native Hawaiian case; is their legacy that we celebrate during the should be done to defuse the threat of ‘‘eth- an effort to try to get President Clin- month of May. Generations of Asian Ameri- nic profiling.’’ ton to meet leaders of the South Pa- cans have given us their culture, traditions, ‘‘There were enough things happening that cific nations; census issues; immigra- and values and greatly enriched American so- we were very concerned about suspicions and tion rights issues; and health issues [whether Asian Americans] were being treat- ciety. I ask all my colleagues to join us in ex- ed differently,’’ said Raymond Ng, a mechan- which we will continue to work on as a pressing our heartfelt appreciation to all Amer- ical engineer for Sandia National Labora- caucus. But we tend to look at APA icans of Asian and Pacific Islander descent for tories in Albuquerque. ‘‘There was a lot of month as a time to bring recognition their contributions to our country. fear and concern about what was going on. to this enormous community which has Ms. ESHOO. Mr. Speaker, I rise today to Management was not aware of these things. made significant progress in this coun- honor Asian Pacific American Heritage Month We needed to make it known.’’ try and enormous contributions to this month and to introduce a congressional So Ng joined with Joel Wong, an industrial hygienist at Lawrence Livermore Labora- strengthen this country, and we will resolution which condemns prejudice against tory near San Francisco, to give Energy Sec- continue to pursue those issues. Asian and Pacific Islander Americans and sup- retary Bill Richardson a short list of recent Ms. ROYBAL-ALLARD. Mr. Speaker, it is ports the political and civic participation by incidents of ethnic insensitivity reported by with great honor that I join my colleagues of Americans of Asian and Pacific Islander an- coworkers who wished to remain unnamed. the Congressional Asian Pacific Caucus in cestry. Richardson, who oversees the labs, said that recognizing the month of May as Asian Pacific All too often, Asian and Pacific Islander he considers the reports to be generally true, American Heritage Month. Americans are subject to prejudice and acts of even if some particulars remain unverified. violence that often go unnoticed by the public In one account, snickering and hushed This year's theme, ``Celebrating Our Leg- laughter broke out in a roomful of computer acy,'' commemorates the contributions Ameri- eye. These Americans have suffered un- users as a person with a Chinese surname cans of Asian and Pacific Islander descent founded and demagogic accusations of dis- was introduced to lead a session on computer have made to our country. What better place loyalty throughout the history of the United security. In another, a lab manager told an than our nation's Capitol to highlight the histor- States. A 1992 report of the U.S. Commission Asian American employee that ‘‘personal ical legacy of Asian and Pacific Islander Amer- on Civil Rights found that Asian and Pacific is- characteristics’’ would determine a person’s icans. lander Americans are still frequent victims of career opportunities in the wake of recent Their contributions, which have enriched our racially motivated bigotry and violence. As re- disclosures of security breaches, implying that ethnicity was one such characteristic. American society and strengthened its core cently as this past weekend, the Los Angeles Then there was the teasing. Someone won- values, are vast and varied. This evening I times published a story reciting recent and in- dered aloud whether an Asian American em- would like to focus on their valiant efforts to creasing incidence of ethnic prejudice at our ployee got ‘‘rich’’ by selling classified infor- protect our nation. nation's nuclear weapon laboratories because mation, according to Ng and Wong. Someone There is no better example of the critical of the ongoing investigations at Los Alamos. else said he was wary of sharing information role Asian Pacific Islanders played in defense Mr. Speaker, we should recognize the rich with a colleague of Asian descent who might be a ‘‘spy.’’ of our country than during World War II. Al- cultural heritage of the Asian and Pacific Is- Two Chinese American lab employees who though their families and friends were forcibly lander American community and all these insisted on anonymity recounted similar in- being moved out of their homes and put into communities have contributed to America and cidents in separate interviews with a Times internment camps encircled by barbed wire, American values. We must distinguish be- reporter. One said he had been asked at work Japanese American men insisted on being al- tween the activities of spies and foreign whether he had ‘‘dual loyalties.’’ lowed to fight for their country. This resulted in agents and those in the Asian American com- CONCERNS RAISED IN LABS AND ELSEWHERE the formation of the 442nd Regimental Com- munities that contribute tremendous energy Whether an ethnic backlash actually is oc- bat Team. and knowledge to our nation's economy and curring to any significant degree is hard to Among the 442nd,s many heroes is Sadao defense. determine. But concerns about possible eth- Munemori from Los Angeles. Mr. Munemori In my Congressional District, which includes nic stereotyping are rising and not just received the Congressional Medal of Honor Silicon Valley, Americans of Asian ancestry among national lab employees. The subject comes up in government circles, in the sci- posthumously for saving the lives of his fellow are intimately involved in making the tech- entific community, in the ethnic Asian soldiers while sacrificing his own. nology sector vibrant and our economy ex- media, in high-tech business groups and In Europe, on April 5, 1945, Mr. Munemori pand. But mine is not the only example we among Asian American civic leaders who led the attack against the last stronghold of can find. Asian and Pacific Americans are fear a replay of the uproar directed at Asian Hitler's army in Italy. Thrust into command woven into our national and local communities American political donors after revelations when his squad leader was wounded, and add cultural diversity, knowledge attain- of attempts by foreign interests to influence Munemori attacked two German machine gun ment, and loyalty to America and the values the 1996 elections. Prominent Asian Americans have met with nests that had pinned down his squad in a we hold dear. Richardson four times and once with White minefield. After withdrawing due to heavy I'm proud to reintroduce a congressional House Chief of Staff John Podesta to seek as- enemy fire, Munemori took refuge in a shell resolution tonight which condemns all preju- surances that scientists and engineers in crater already occupied by two of his men. dice against Asian and Pacific Islander Ameri- U.S. labs would not be subject to discrimina- When an unexploded hand grenade bounced cans and supports the political and civic par- tion. off his helmet and rolled toward his compan- ticipation by these Americans. ‘‘Asian Pacific Americans are concerned ions, Munemori jumped on it, absorbing the We must not forget the strength our country that their loyalty and their patriotism are blast. has gained from the inspiration, the hard work being challenged,’’ Richardson acknowledged in a speech April 30. ‘‘And that’s because of In the South Pacific, Filipino American sol- and the loyalty of Americans of Asian and Pa- racism.’’ diers fought along side American soldiers in cific Islander ancestry and what their contribu- The Energy secretary vowed to protect the some of the bloodiest battles of the war. For tions have meant for a stronger, more pros- rights of all laboratory workers and to visit almost four years, during the most intense and perous America. the labs in person to drive the point home. May 24, 1999 CONGRESSIONAL RECORD — HOUSE H3501 In Congress, Reps. Tom Campbell (R-San tion, more than 300,000 people of Asian de- A BILL PRESENTED TO THE Jose) and David Wu (D-Ore.), who is the first scent were working in the United States as PRESIDENT Chinese American member of the House, are scientists and engineers in 1995, the latest drafting a resolution expressing support for year for which figures are available. That’s Mr. THOMAS, from the Committee Chinese Americans. about 10% of all scientists and engineers and on House Administration, reported Wu said there is ‘‘widespread concern in far more than any other ethnic minority. that that committee did on the fol- the Chinese American community and par- Many Chinese American scientists said that lowing date present to the President, ticularly the Chinese American scientific they are most concerned about lasting dam- for his approval, a bill of the House of community. These are folks who work very, age the espionage allegations could have on the following title: very hard. They are Americans. By all ac- the career prospects of promising graduate On May 21, 1999: counts that I know of, they work hard and students in engineering or the physical play by the rules.’’ sciences, a significant number of whom are H.R. 1141. Making emergency supplemental Campbell said that some scientists and en- foreign-born or Asian American. appropriations for the fiscal year ending gineers in Silicon Valley now worry about ‘‘What one is afraid of are possible future September 30, 1999, and for other purposes. traveling to professional conferences in actions with regard to employment pro- f mainland China for fear that they will be motion, retention of top Chinese American suspected of leaking technological secrets to scientists,’’ said Cheuk-Yin Wong, who is ADJOURNMENT the Communist regime. chairman of the Overseas Chinese Physics Mr. UNDERWOOD. Mr. Speaker, I Still, many lawmakers assert that the Assn., which has about 400 members nation- move that the House do now adjourn. United States must raise its guard against wide. He is no relation to Joel Wong. The motion was agreed to; accord- Chinese espionage and set new limits on sci- Lab administrators said that they want to ingly (at 9 o’clock and 29 minutes entific exchange with China and other coun- prevent such consequences. C. Paul Robin- p.m.), under its previous order, the tries seeking to develop nuclear weapons. son, head of Sandia National Laboratories, Their campaign is likely to gain consider- recently told Chinese American employees House adjourned until tomorrow, Tues- able momentum with the release of a House that they should not be judged responsible day, May 25, 1999, at 9 a.m., for morn- investigative panel’s report citing evidence for a particular espionage case so long as ing hour debates. of widespread leakage of sensitive military white Americans, like himself, were not held f technology to China. The committee’s bipar- equally responsible for the disastrous Al- tisan findings are expected to be made public drich Ames spycase. EXECUTIVE COMMUNICATIONS, next week by its chairman, Rep. Christopher ‘‘Can we all please think extra hard about ETC. Cox (R–Newport Beach). that?’’ Robinson implored in an electronic Under clause 8 of rule XII, executive Asian American scientists, engineers and newsletter. ‘‘Our work is important; we need communications were taken from the civil leaders hasten to condemn espionage. all the good brainpower that we can bring to Speaker’s table and referred as follows: But they content that some Republican lead- bear in our work and we certainly must not ers in Congress, aided by unbalanced media mistreat loyal Americans.’’ 2293. A letter from the Acting Executive Director, Commodity Futures Trading Com- reports, have cast a cloud over Chinese Mr. UNDERWOOD. Mr. Speaker, but Americans—and Chinese nationals—doing le- mission, transmitting the Commission’s gitimate scientific work in the weapons labs certainly all Members are invited to final rule—Revision of Federal Speculative and elsewhere. submit statements for the RECORD in Position Limits and Associated Rules (RIN: 3038–AB32) received May 14, 1999, pursuant to SENATOR REFERS TO ‘‘VERY CRAFTY PEOPLE’’ terms of the experiences of their own individual districts and the participa- 5 U.S.C. 801(a)(1)(A); to the Committee on Asked about the extent of Chinese espio- tion in these social, economic, edu- Agriculture. nage on the NBC program ‘‘Meet the Press,’’ 2294. A letter from the Administrator, Sen. Richard C. Shelby (R–Ala.), chairman of cational and political life of Asian Pa- Commodity Credit Corporation, Department the Senate Select Committee on Intel- cific Americans in their districts. of Agriculture, transmitting the Depart- ligence, said in March: ‘‘We’ve got to remem- f ment’s final rule—1998 Single-Year and ber the Chinese are everywhere as far as our Multi-Year Crop Loss Disaster Assistance weapons systems, not only in our labs that LEAVE OF ABSENCE Program (RIN: 0560–AF75) received May 14, make our nuclear weapons and development, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the but also in the technology to deliver them. By unanimous consent, leave of ab- Committee on Agriculture. We’ve seen some of that. They’re real. There sence was granted to: 2295. A letter from the President and here. And probably in some ways, very crafty Mr. ORTIZ (at the request Mr. GEP- Chairman, Export-Import Bank, transmit- people.’’ HARDT), for today and Tuesday, May 25, ting a statement with respect to trans- A spokeswoman for the senator, Andrea on account of official business in the actions involving U.S. exports to the Repub- Andrews, said that Shelby was referring to lic of Korea; to the Committee on Banking Chinese spies, not to Chinese Americans in district. and Financial Services. general. But other read more into his state- Mrs. CARSON (at the request Mr. GEP- 2296. A letter from the Assistant General ment. Charles Sie, vice chairman of the HARDT), for today, on account of offi- Counsel for Regulations, Special Education Committee of 100, an influential Chinese cial business in the district. and Rehabilitative Services, Department of American group whose founders include the Education, transmitting the Department’s architect I.M. Pei and the cellist Yo-Yo Ma, f final rule—Notice of Final Funding Prior- called Shelby’s words a ‘‘ridiculous’’ example ities for Fiscal Years 1999–2000 for Certain of ethnic stereotyping. SPECIAL ORDERS GRANTED Centers—received April 16, 1999, pursuant to Also ‘‘ridiculous,’’ said Jeff Garberson, By unanimous consent, permission to 5 U.S.C. 801(a)(1)(A); to the Committee on spokesman for Lawrence Livermore, was the address the House, following the legis- Education and the Workforce. request he recently received from a national 2297. A letter from the Secretary of Health newsmagazine for a generic photo of an lative program and any special orders and Human Services, transmitting the Sixth Asian American employee at work ‘‘to illus- heretofore entered, was granted to: Triennial Report to Congress on Drug Abuse trate a story on espionage.’’ The request was (The following Members (at the re- and Addiction Research: 25 Years of Dis- refused. quest of Mr. MCNULTY) to revise and covery to Advance the Health of the Public, Leading science periodicals are closely extend their remarks and include ex- pursuant to 42 U.S.C. 290aa–4(b); to the Com- monitoring the espionage issue, especially traneous material:) mittee on Commerce. the possible fallout for foreign-born sci- Ms. NORTON, for 5 minutes, today. 2298. A letter from the Special Assistant entists who may be U.S. citizens, permanent Chief, Mass Media Bureau, Federal Commu- Mr. CUMMINGS, for 5 minutes, today. U.S. residents or distinguished visitors. A nications Commission, transmitting the headline in the June issue of Scientific Mr. GEORGE MILLER of California, for Commission’s final rule—Implementation of American read: ‘‘Explosive Reactions: A 60 minutes, today. Section 309(j) of the Communications Act— Backlash From a Nuclear Espionage Case Mr. UNDERWOOD, for 60 minutes, Competitive Bidding for Commercial Broad- Might Hurt Science and Do Little to Bolster today. cast and Instructional Television Fixed National Security.’’ (The following Members (at the re- Service Licenses; Reexamination of the Pol- Many of the top scientists in America in quest of Mr. LARGENT) to revise and ex- icy Statement on Comparative Broadcast this century have been foreign-born, includ- tend their remarks and include extra- Hearings; Proposals to Reform the Commis- ing some from mainland China or Taiwan. neous material:) sion’s Comparative Hearing Process to Expe- Many more, including several Nobel Prize dite the Resolution of Cases [MM Docket No. winners, are of Asian heritage. Mr. SCHAFFER, for 5 minutes, on May 97–234, GC Docket No. 92–52, GEN Docket No. Asian American engineers also have been 25. 90–264] received May 14, 1999, pursuant to 5 deeply involved in the U.S. defense industry. Mr. CUNNINGHAM, for 5 minutes, U.S.C. 801(a)(1)(A); to the Committee on According to the National Science Founda- today. Commerce. H3502 CONGRESSIONAL RECORD — HOUSE May 24, 1999 2299. A letter from the Special Assistant ment’s final rule—Visiting: Notification to for consideration of the bill (H.R. 1906) mak- Chief, Mass Media Bureau, Federal Commu- Visitors [BOP 1071–F] (RIN: 1120–AA67) re- ing appropriations for Agriculture, Rural De- nications Commission, transmitting the ceived May 14, 1999, pursuant to 5 U.S.C. velopment, Food and Drug Administration, Commission’s final rule—Amendment of Sec- 801(a)(1)(A); to the Committee on the Judici- and Related Agencies for the fiscal year end- tion 73.202(b) Table of Allotments, FM Broad- ary. ing September 30, 2000, and for other pur- cast Stations by substituting Channel 244C 2309. A letter from the Director, National poses (Rept. 106–159). Referred to the House for Channel 244C1 and reallotting the chan- Legislative Commission, The American Le- Calendar. nel (Ely and Carlin, Nevada) [MM Docket No. gion, transmitting a copy of the Legion’s fi- Mr. LINDER: Committee on Rules. House 98–185, RM–9355] received May 14, 1999, pursu- nancial statements as of December 31, 1998, Resolution 186. Resolution providing for con- ant to 5 U.S.C. 801(a)(1)(A); to the Committee pursuant to 36 U.S.C. 1101(4) and 1103; to the sideration of the bill (H.R. 1259) to amend the on Commerce. Committee on the Judiciary. Congressional Budget Act of 1974 to protect 2300. A letter from the Chief, Policy and 2310. A letter from the Program Support Social Security surpluses through strength- Program Planning Division, Common Carrier Specialist, Aircraft Certification Service, ened budgetary enforcement mechanisms Bureau, Federal Communications Commis- Department of Transportation, transmitting (Rept. 106–160). Referred to the House Cal- sion, transmitting the Commission’s final the Department’s final rule—Airworthiness endar. rule—Implementation of the Local Competi- Directives; Eurocopter France Model SA341G Mr. ARCHER: Committee on Ways and tion Provisions in the Telecommunications and SA342J [Docket No. 99–SW–03–AD; Means. H.R. 1833. A bill to authorize appro- Act of 1996 [CC Docket No. 96–98] Inter- Amendment 39–11174; AD 99–11–03] (RIN: 2120– priations for fiscal years 2000 and 2001 for the connection between Local Exchange Carriers AA64) received May 17, 1999, pursuant to 5 United States Customs Service for drug and Commercial Mobile Radio Service Pro- U.S.C. 801(a)(1)(A); to the Committee on interdiction and other operations, for the Of- viders [CC Docket No. 95–185] received May Transportation and Infrastructure. fice of the United States Trade Representa- 14, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to 2311. A letter from the Chief, Regs and tive, for the United States International the Committee on Commerce. Admin Law, USCG, Department of Transpor- Trade Commission, and for other purposes; 2301. A letter from the Legal Advisor, tation, transmitting the Department’s final with an amendment (Rept. 106–161). Referred Cable Services Bureau, Federal Communica- rule—Drawbridge Operating Regulation; Gulf to the Committee of the Whole House on the tions Commission, transmitting the Com- Intracoastal Waterway, TX [CGD08–99–034] State of the Union. mission’s final rule—Satellite Delivery of (RIN: 2115–AE47) received May 17, 1999, pursu- DISCHARGE OF COMMITTEE Network Signals to Unserved Households for ant to 5 U.S.C. 801(a)(1)(A); to the Committee Mr. SPENCE: Committee on Armed Serv- Purposes of the Satellite Home Viewer Act on Transportation and Infrastructure. ices. H.R. 1401. A bill to authorize appropria- [CS Docket No. 98–201; RM No. 9335; RM No. 2312. A letter from the Assistant Adminis- tions for fiscal years 2000 and 2001 for mili- 9345] received April 18, 1999, pursuant to 5 trator for Weather Services, National Oce- tary activities of the Department of Defense, U.S.C. 801(a)(1)(A); to the Committee on anic and Atmospheric Administration, trans- to prescribe military personnel strengths for Commerce. mitting the Administration’s final rule— fiscal years 2000 to 2001, and for other pur- 2302. A letter from the Chairman, Federal American Meteorological Society’s Industy, poses; with an amendment (Rept. 106–162). Communications Commission, transmitting Government Scholarship, and Fellowship Referred to the Committee of the Whole the Commission’s Plan for Transferred Gov- Program [Docket No. 990208045–9045–01] (RIN House on the State of the Union. ernment Spectrum; to the Committee on No: 0648–ZA61) received May 14, 1999, pursu- Commerce. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Pursuant to clause 5 of rule X, the 2303. A letter from the Assistant Secretary on Science. Committee on Ways and Means dis- for Legislative Affairs, Department of State, 2313. A letter from the Assistant Secretary, charged from consideration of H.R. 974. transmitting a determination and certifi- Department of the Treasury, transmitting Referred to the Committee of the cation of eight countries which are not co- proposed draft legislation that provides for Whole House on the State of the Union operating fully with U.S. antiterrorism ef- the transfer to Puerto Rico and the Virgin and ordered to be printed. forts: Afghanistan, Cuba, Iran, Iraq, Libya, Islands, for five years, the full amount of the North Korea, Sudan, and Syria; to the Com- Pursuant to clause 5 of rule X the fol- excise tax collected on imported rum; to the lowing action was taken by the Speak- mittee on International Relations. Committee on Ways and Means. 2304. A letter from the Chairman, Federal er: f Election Commission, transmitting a copy of [The following action occurred on May 21, 1999] the annual report in compliance with the H.R. 434. Referral to the Committees on Government in the Sunshine Act during the REPORTS OF COMMITTEES ON Ways and Means and Banking and Financial calendar year 1998, pursuant to 5 U.S.C. PUBLIC BILLS AND RESOLUTIONS Services extended for a period ending not 552b(j); to the Committee on Government Re- Under clause 2 of rule XIII, reports of later than June 11, 1999. form. committees were delivered to the Clerk 2305. A letter from the Director, Office of [The following action occurred on May 24, 1999] for printing and reference to the proper Surface Mining, Department of the Interior, H.R. 974. Referred to the Committee on transmitting the Department’s final rule— calendar, as follows: Ways and Means extended for a period ending Alabama, Arkansas, Illinois, Indiana, Iowa, [Pursuant to the order of the House on May 20, not later than May 24, 1999. Kansas, Louisiana, Missouri, Oklahoma, and 1999, the following reports were filed on May f Texas Abandoned Mine Land Reclamation 21, 1999] Plans and Regulatory Programs [Technical Mr. TAYLOR of North Carolina: Com- PUBLIC BILLS AND RESOLUTIONS Amendment No. MCRCC–01] received April mittee on Appropriations. H.R. 1905. A bill Under clause 2 of rule XII, public 20, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to making appropriations for the Legislative the Committee on Resources. bills and resolutions were introduced Branch for the fiscal year ending September and severally referred, as follows: 2306. A letter from the Acting Director, Of- 30, 2000, and for other purposes (Rept. 106– fice of Sustainable Fisheries, National Ma- 156). Referred to the Committee of the Whole [Reported on May 21, 1999] rine Fisheries Service, National Oceanic and House on the State of the Union. By Mr. TAYLOR of North Carolina: Atmospheric Administration, transmitting Mr. SKEEN: Committee on Appropriations. H.R. 1905. A bill making appropriations for the Administration’s final rule—Fisheries of H.R. 1906. A bill making appropriations for the Legislative Branch for the fiscal year the Exclusive Economic Zone Off Alaska; Pa- Agriculture, Rural Development, Food and ending September 30, 2000, and for other pur- cific Cod by Catcher Processors using Trawl Drug Administration, and Related Agencies poses. Gear in the Bering Sea and Aleutian Islands for the fiscal year ending September 30, 2000, By Mr. SKEEN: [Docket No. 990304063–9063–01; I.D. 050599B] and for other purposes (Rept. 106–157). Re- H.R. 1906. A bill making appropriations for received May 13, 1999, pursuant to 5 U.S.C. ferred to the Committee of the Whole House Agriculture, Rural Development, Food and 801(a)(1)(A); to the Committee on Resources. on the State of the Union. Drug Administration, and Related Agencies 2307. A letter from the Acting Director, Of- [Filed on May 24, 1999] for the fiscal year ending September 30, 2000, fice of Sustainable Fisheries, National Ma- and for other purposes. rine Fisheries Service, National Oceanic and Mr. BURTON: Committee on Government Atmospheric Administration, transmitting Reform. H.R. 974. A bill to establish a pro- [Reported on May 24, 1999] the Administration’s final rule—Fisheries of gram to afford high school graduates from By Mr. COBLE (for himself, Mr. BER- the Northeastern United States; Summer the District of Columbia the benefits of in- MAN, Mr. HYDE, Mr. CONYERS, Mr. Flounder Fishery; Commercial Quota Har- State tuition at State colleges and univer- ROHRABACHER, Mr. CAMPBELL, Mr. vested for Maine [Docket No. 981014259–8312– sities outside the District of Columbia, and GOODLATTE, Ms. LOFGREN, Mr. 02; I.D. 032699A] received April 14, 1999, pursu- for other purposes; with an amendment DELAHUNT, Mr. PEASE, Mr. WEXLER, ant to 5 U.S.C. 801(a)(1)(A); to the Committee (Rept. 106–158, Pt. 1). Referred to the Com- and Mr. GALLEGLY): on Resources. mittee of the Whole House on the State of H.R. 1907. A bill to amend title 35, United 2308. A letter from the Rules Adminis- the Union. States Code, to provide enhanced protection trator, Federal Bureau of Prisons, Depart- Mr. DIAZ-BALART: Committee on Rules. for inventors and innovators, protect patent ment of Justice, transmitting the Depart- House Resolution 185. Resolution providing terms, reduce patent litigation, and for other May 24, 1999 CONGRESSIONAL RECORD — HOUSE H3503

purposes; to the Committee on the Judici- H.R. 488: Mr. MALONEY of Connecticut. H.R. 1476: Mr. FILNER and Mrs. THURMAN. ary. H.R. 534: Mr. TRAFICANT. H.R. 1485: Ms. NORTON. By Mr. GILMAN (for himself and Mr. H.R. 608: Mr. GOODE. H.R. 1494: Mr. MCKEON. GEJDENSON): H.R. 670: Mr. UDALL of Colorado and Mr. H.R. 1496: Mr. PITTS, Mr. SOUDER, and Mr. H.R. 1908. A bill to authorize the transfer FORBES. HILLEARY. of naval vessels to certain foreign countries; H.R. 675: Ms. SLAUGHTER, Mr. PASTOR, Mr. H.R. 1560: Ms. LOFGREN and Mr. MINGE. to the Committee on International Rela- STRICKLAND, OF Mr. TANCREDO. H.R. 1592: Mr. LUCAS of Kentucky, Mr. tions. H.R. 693: Mr. GEPHARDT. SPENCE, Mr. FOLEY, Mr. SUNUNU, Mr. SISI- By Mr. ANDREWS: H.R. 699: Ms. LOFGREN. SKY, Mr. DEAL of Georgia, Mr. SPRATT, Mr. H.R. 1909. A bill to make supplemental ap- H.R. 730: Mr. KENNEDY of Rhode Island. COOKSEY, Mr. THOMPSON of Mississippi, Mr. propriations for fiscal year 1999 to ensure the H.R. 776: Mr. TIERNEY and Mr. WU. BACHUS, Mr. RYUN of Kansas, Mr. JONES of inclusion of commonly used pesticides in H.R. 798: Mr. SNYDER. North Carolina, and Mr. HOSTETTLER. State source water assessment programs, H.R. 826: Mr. ALLEN. H.R. 1598: Mr. ARCHER and Mr. MCCOLLUM. and for other purposes; to the Committee on H.R. 850: Mr. BAIRD. H.R. 1620: Mr. HILLEARY. Appropriations. H.R. 868: Mr. OXLEY. H.R. 1628: Mrs. MEEK of Florida, Mr. By Mr. GREEN of Texas: H.R. 894: Mr. BLILEY and Mr. ISAKSON. HASTINGS of Florida, Mr. DEUTSCH, Mr. H.R. 1910. A bill to prohibit abuses in the H.R. 902: Mr. ABERCROMBIE and Mr. SHER- SHAW, and Mr. WEXLER. use of unsolicited bulk electronic mail, and MAN. H.R. 1649: Mr. LINDER. for other purposes; referred to the Com- H.R. 912: Mr. BLUMENAUER. H.R. 1650: Mr. MALONEY of Connecticut and mittee on Commerce, and in addition to the H.R. 961: Ms. CARSON, Ms. ROYBAL-ALLARD, Ms. DANNER. Committee on the Judiciary, for a period to and Ms. SCHAKOWSKY. H.R. 1659: Mr. ENGEL, Mr. TOWNS, Mr. be subsequently determined by the Speaker, H.R. 974: Mr. LEWIS of California, Mr. BOU- HINOJOSA, Mr. WATT of North Carolina, and in each case for consideration of such provi- CHER, Mr. SCARBOROUGH, and Mrs. MALONEY Ms. JACKSON-LEE of Texas. sions as fall within the jurisdiction of the of New York. H.R. 1665: Mr. TRAFICANT, Mr. WOLF, and committee concerned. H.R. 997: Mr. HYDE. Mr. DINGELL. INK By Mr. LOBIONDO: H.R. 1003: Mrs. M of Hawaii. H.R. 1690: Mr. HERGER. H.R. 1053: Mr. JEFFERSON. H.R. 1911. A bill to require that health H.R. 1691: Mr. WOLF, Mr. KING, Mr. DICKEY, H.R. 1071: Mr. JEFFERSON. plans provide coverage for a minimum hos- Mr. NORWOOD, Mr. HASTINGS of Washington, H.R. 1074: Mr. HUNTER, Mr. BACHUS, Mrs. pital stay for mastectomies and lymph node Mr. RILEY, and Mr. SHOWS. BIGGERT, and Mr. NEY. dissection for the treatment of breast cancer H.R. 1710: Mr. HILLEARY. H.R. 1080: Mr. CUMMINGS. and coverage for secondary consultations; re- H.R. 1734: Ms. WATERS. H.R. 1085: Ms. MCKINNEY and Mr. ENGLISH. ferred to the Committee on Commerce, and H.R. 1771: Mr. RAHALL, Mr. FORBES, Mr. H.R. 1095: Mr. COYNE, Ms. HOOLEY of Or- in addition to the Committees on Education GOSS, Mr. POMBO, Mr. GIBBONS, Mr. GOODE, egon, Mr. WYNN, Mr. VENTO, Mr. LAMPSON, and the Workforce, and Ways and Means, for and Mr. SHOWS. and Mr. BARRETT of Wisconsin. a period to be subsequently determined by H.R. 1772: Mr. RAHALL, Mr. FORBES, Mr. H.R. 1102: Ms. PRYCE of Ohio, Mr. ARMEY, the Speaker, in each case for consideration POMBO, Mr. GIBBONS, Mr. GOODE, and Mr. Mr. COMBEST, and Mr. COYNE. of such provisions as fall within the jurisdic- SHOWS. H.R. 1108: Ms. MCKINNEY. tion of the committee concerned. H.R. 1777: Ms. HOOLEY of Oregon, Mr. H.R. 1111: Mr. CANADY of Florida, and Mr. By Mr. MORAN of Virginia: FROST, and Mr. SHAYS. LEVIN. H.R. 1912. A bill to require the Secretary of H.R. 1837: Mr. WHITFIELD, Mr. FROST, Mr. H.R. 1115: Mr. CARDIN, Mr. PAYNE, Ms. LEE, the Army to designate Fort Belvoir, Vir- DOYLE, and Mr. CAMP. Mr. GONZALEZ, Mr. DAVIS of Florida, Mr. ginia, as the site for the planned National H.R. 1857: Mr. LEVIN, Mr. DINGELL, Mr. CONDIT, and Mr. KILDEE. Museum of the United States Army; to the FROST, and Mr. ENGLISH. H.R. 1138: Mr. ALLEN. Committee on Armed Services. H.R. 1861: Mr. MCINNIS, Mr. MCCRERY, and H.R. 1168: Mr. ROEMER, Mr. KILPATRICK, By Mr. POMEROY (for himself, Mr. Mr. FOLEY. Mr. CARDIN, Mrs. CAPPS, and Mr. GORDON. HILL of Montana, and Mr. BALDACCI): H.R. 1867: Mrs. BONO and Mr. BLUMENAUER. H.R. 1175: Mr. ANDREWS, Mr. CLAY, Mr. H.R. 1913. A bill to authorize registration H.R. 1885: Mr. SHOWS. KNOLLENBERG, Ms. RIVERS, Mr. SCHAFFER, of Canadian pesticides for agricultural crops; H.J. Res. 7: Mr. HALL of Texas. Mr. STUPAK, Mr. TURNER, and Mr. WATTS of to the Committee on Agriculture. H.J. Res. 53: Mr. RYAN of Wisconsin. Oklahoma. By Mr. THOMAS: H. Con. Res. 34: Mr. LUCAS of Kentucky, H.R. 1196: Mr. GREEN of Texas, Mr. LEVIN, H.R. 1914. A bill to amend the Internal Rev- Ms. EDDIE BERNICE JOHNSON of Texas, and Mr. MCGOVERN, Mr. LEACH, Mrs. KELLY, Mr. enue Code of 1986 to permit cooperatives to Ms. RIVERS. FRANK of Massachusetts, and Mr. TIERNEY. pay dividends on preferred stock without re- H. Con. Res. 51: Ms. JACKSON-LEE of Texas H.R. 1214: Mr. JEFFERSON. ducing patronage dividends; to the Com- and Mr. DIXON. H.R. 1221: Mr. PASTOR and Mr. LUCAS of mittee on Ways and Means. Kentucky. H. Con. Res. 58: Mr. JEFFERSON. By Ms. ESHOO (for herself, Ms. ROY- H. Con. Res. 60: Mr. PASTOR, Mr. H.R. 1222: Mr. BURTON of Indiana. BAL-ALLARD, Mr. ABERCROMBIE, Mr. GILCHREST, and Mr. DIXON. H.R. 1248: Mrs. MCCARTHY of New York. MATSUI, Mr. FALEOMAVAEGA, Mr. H. Con. Res. 67: Mr. FORBES, Mr. LEWIS of H.R. 1250: Mr. HINOJOSA. LANTOS, Ms. LOFGREN, Mr. GEORGE Georgia, Mr. PALLONE, Mr. PORTER, and Mr. H.R. 1256: Mr. PETERSON of Pennsylvania, MILLER of California, Mr. UNDER- WEINER. Mr. DOOLITTLE, and Mr. SHIMKUS. WOOD, Mrs. MINK of Hawaii, and Mr. H. Con. Res. 107: Mr. MCKEON, Mrs. H.R. 1259: Mr. WALDEN of Oregon, Mr. WIL- WAXMAN): MYRICK, and Mr. SCHAFFER. SON, and Mr. MINGE. ANTOS H. Con. Res. 111. Concurrent resolution H.R. 1286: Mr. JEFFERSON. H. Con. Res. 109: Mr. L , Mr. condemning all prejudice against Asian and H.R. 1299: Mr. GEPHARDT. GALLEGLY, Mr. KNOLLENBERG, Ms. WOOLSEY, Pacific Islander Americans in the United H.R. 1301: Mr. OXLEY, Mr. LARGENT, Mr. and Mr. GONZALEZ. States and supporting political and civic par- LAMPSON, Mr. THOMPSON of Mississippi, Mr. H. Res. 144: Mr. JEFFERSON. ticipation by such Americans throughout the THOMPSON of California, Mr. FORBES, Ms. H. Res. 169: Mr. DIAZ-BALART, Mr. ROHR- United States; to the Committee on the Ju- GRANGER, Mr. SCHAFFER, Mr. MCINNIS, Mr. ABACHER, Mr. BARRETT of Wisconsin, and Mr. diciary. STUPAK, Mr. SENSENBRENNER, Mr. GOODLING, LANTOS. f Mr. HOBSON, Mr. DICKEY, Mr. KASICH, and Mr. H. Res. 178: Mr. VENTO, Ms. ROYBAL-AL- GILCHREST. LARD, Mr. DIXON, Mr. STRICKLAND, Mr. DIAZ- ADDITIONAL SPONSORS H.R. 1322: Mr. SHAYS. BALART, Mr. BLAGOJEVICH, Ms. NORTON, Mr. MEEHAN, Mr. GONZALEZ, Mr. LEWIS of Geor- Under clause 7 of rule XII, sponsors H.R. 1326: Mr. SESSIONS, Mrs. CLAYTON, Mr. CLYBURN, Mr. NETHERCUTT, Mr. JEFFERSON, gia, Mr. TRAFICANT, Mr. SOUDER, and Mr. were added to public bills and resolu- and Mr. WU. TANCREDO. tions as follows: H.R. 1355: Mr. BARRETT of Wisconsin, Mr. f H.R. 119: Mr. SCHAFFER and Mr. JEFFERSON. WATT of North Carolina, Mr. LAMPSON, and H.R. 121: Mr. SCHAFFER. Mr. CUMMINGS. H.R. 137: Mr. KIND. H.R. 1382: Mr. MCHUGH. DELETIONS OF SPONSORS FROM H.R. 206: Mr. ENGLISH. H.R. 1385: Mr. KOLBE, Mr. DICKEY, Mr. PUBLIC BILLS AND RESOLUTIONS H.R. 353: Mr. GEKAS, Mr. PETERSON of LEACH, Ms. MCKINNEY, Mr. NUSSLE, Mr. KAN- Under clause 7 of rule XII, sponsors Pennsylvania, Mr. BISHOP, Mr. LEWIS of Cali- JORSKI, Mr. HINCHEY, Mr. WHITFIELD, and Mr. were deleted from public bills and reso- fornia, Mr. QUINN, Mr. PASCRELL, Mr. SHAW, BOUCHER. Mr. GIBBONS, and Mr. MARKEY. H.R. 1413: Mr. BONILLA. lutions as follows: H.R. 360: Mr. GONZALEZ. H.R. 1456: Mr. WAXMAN, Mr. BROWN of Ohio, H.R. 1083: Mr. CRANE. H.R. 415: Mr. JEFFERSON. Mr. HINCHEY, Mr. BLUMENAUER, Ms. LEE, and H.R. 1660: Mr. DAVIS of Virginia. H.R. 430: Mr. JEFFERSON. Mr. UDALL of Colorado. H.J. Res. 33: Mr. Moran of Virginia H3504 CONGRESSIONAL RECORD — HOUSE May 24, 1999 AMENDMENTS to pay the salaries of personnel to award protection equivalent to that achieved under such allocations. United States standards. Under clause 8 of rule XVIII, pro- (b) CORESPONDING REDUCTION IN FUNDS.— H.R. 1906 posed amendments were submitted as The amount otherwise provided by this Act OFFERED BY: MRS. MEEK OF FLORIDA follows: under the headings ‘‘COMMODITY CREDIT H.R. 1259 CORPORATION FUND’’ and ‘‘REIMBURSE- AMENDMENT NO. 7: Add before the short title the following new section: OFFERED BY: MR. TRAFICANT MENT FOR NET REALIZED LOSSES’’ to re- imburse the Commodity Credit Corporation SEC. ll. After March 1, 2000, none of the AMENDMENT NO. 1: Add at the end the fol- for net realized losses sustained is hereby re- funds appropriated or otherwise available by lowing new section: duced by $90,000,000. this Act may be used by the Secretary of SEC. 6. BUDGETARY TREATMENT OF THE OLD- Agriculture— H.R. 1906 AGE, SURVIVORS, AND DISABILITY (1) to permit the importation of meat or INSURANCE PROGRAM AND THE OFFERED BY: MR. BASS meat food products under subsections (a) and HOSPITAL INSURANCE PROGRAM. AMENDMENT NO. 2: Insert before the short (f) of section 20 of the Federal Meat Inspec- It is the sense of the Congress that— title the following new section: tion Act (21 U.S.C. 620) from any foreign (1) the moneys of the United States held SEC. l. (a) LIMITATION.—None of the funds country in violation of subsection (f) of such for purposes of the old-age, survivors, and appropriated or otherwise made available by section; and disability insurance program and the hos- this Act may be used to award any new allo- (2) to permit the importation of poultry or pital insurance program maintained under cations under the market access program or poultry products under subsection (a) of sec- the Social Security Act and related laws of to pay the salaries of personnel to award tion 17 of the Poultry Products Inspection the United States should always be held in such allocations. Act (21 U.S.C. 466) from any foreign country separate and independent trust funds and in violation of subsection (d) of such section. should always be segregated from all other H.R. 1906 moneys of the United States, OFFERED BY: MR. DEFAZIO H.R. 1906 (2) the receipts and disbursements of such AMENDMENT NO. 3: In the item relating to OFFERED BY: MR. MORAN OF KANSAS programs (including revenues dedicated to ‘‘SALARIES AND EXPENSES’’ under the heading AMENDMENT NO. 8: Insert before the short such programs) should never be included in ‘‘ANIMAL AND PLANT HEALTH INSPECTION title the following new section: any budget totals set forth in the budget of SERVICE’’, insert after the first dollar SEC. ll. None of the funds appropriated the United States Government as prepared amount the following: ‘‘(reduced by or otherwise made available by this Act may by the President or any budget prepared by $7,000,000)’’. be used to implement the final rule of the the Congress, and H.R. 1906 Food Safety and Inspection Service of the (3) the Congress should never make any OFFERED BY: MR. DEFAZIO Department of Agriculture entitled ‘‘Patho- law authorizing the use of such trust funds gen Reduction; Hazard Analysis and Critical AMENDMENT NO. 4: Insert before the short for any purpose other than for providing for Control Points (HACCP) Systems’’ with re- title the following new section: the prompt and effective payment of bene- spect to very small establishments, as such SEC. ll. None of the funds appropriated fits, payment of administrative expenses, establishments are defined in the rule. and payment of such amounts as may be nec- or otherwise made available to the Secretary H.R. 1906 essary and appropriate to correct prior in- of Agriculture by this Act to carry out the correct payments, and no agency or instru- first section of the Act of May 2, 1931 (7 OFFERED BY: MR. SANDERS mentality of the United States, or any offi- U.S.C. 426), may be used to conduct cam- AMENDMENT NO. 9: Insert before the short cer or employee thereof, should ever be au- paigns for the destruction of wild animals for title the following new section: thorized to use, or to authorize the use of, the purpose of protecting livestock. SEC. ll. For an additional amount for the such trust funds for any such other purpose. H.R. 1906 Department of Agriculture (consisting of an H.R. 1401 OFFERED BY: MR. DEFAZIO additional $5,000,000 for the commodity sup- plemental food program under the ‘‘COM- OFFERED BY: MR. TRAFICANT AMENDMENT NO. 5: Insert before the short MODITY ASSISTANCE PROGRAM’’), $5,000,000. AMENDMENT NO. 2: At the end of title title the following new section: ll XXVIII (page ll, after line ll), insert the SEC. . (a) LIMITATION.—None of the H.R. 1906 following new section: funds appropriated or otherwise made avail- OFFERED BY: MR. SANDERS able by this Act for Wildlife Services Pro- SEC. ll. DESIGNATION OF NAVAL FACILITY, AMENDMENT NO. 10: Insert before the short GRICIGNANO D’AVERSA, ITALY. gram operations to carry out the first sec- title the following new section: tion of the Act of March 2, 1931 (7 U.S.C. 426), (a) DESIGNATION.—The facility of the SEC. ll. For an additional amount for the United States Navy located in Gricignano may be used to conduct campaigns for the Department of Agriculture (consisting of an d’Aversa, Italy, and known as the Naples destruction of wild animals for the purpose additional $7,000,000 for the commodity sup- of protecting livestock. Support Site, shall be known and designated plemental food program under the ‘‘COM- (b) CORRESPONDING REDUCTION IN FUNDS.— as the ‘‘Thomas M. Foglietta Support Site’’. MODITY ASSISTANCE PROGRAM’’), $7,000,000. The amount otherwise provided by this Act (b) REFERENCES.—Any reference to the H.R. 1906 Naples Support Site in any law, regulation, for salaries and expenses under the heading OFFERED BY: MR. SANDERS map, document, record, or other paper of the ‘‘ANIMAL AND PLANT HEALTH INSPECTION United States shall be considered to be a ref- SERVICE’’ is hereby reduced by $7,000,000. AMENDMENT NO. 11: At the end of the bill erence to the ‘‘Thomas M. Foglietta Support H.R. 1906 (preceding the short title), Insert the fol- Site’’. OFFERED BY: MRS. MEEK OF FLORIDA lowing new section: SEC. ll. The amounts otherwise provided H.R. 1905 AMENDMENT NO. 6: Add before the short by this Act are revised by increasing the title the following new section: OFFERED BY: MR. ROEMER amount for the Department of Agriculture SEC. . After March 1, 2000, none of the AMENDMENT NO. 1: Page 10, insert after line (consisting of a $2,000,000 competitive grant funds appropriated or otherwise made avail- 9 the following (and redesignate the suc- program for elementary and secondary able by this Act may be used by the Sec- ceeding sections accordingly): schools to work with local farmers to pur- retary of Agriculture— SEC. 104. Notwithstanding any other provi- chase locally-grown foods) and reducing the (1) to permit the importation of meat or sion of law, any amounts appropriated under amount for ‘‘FOREIGN AGRICULTURAL SERVICE meat food products under subsections (a) and this Act for Members’ Representational Al- AND GENERAL SALES MANAGER’’, by $2,000,000. (f) of section 20 of the Federal Meat Inspec- lowances for the House of Representatives H.R. 1906 which remain after all payments are made tion Act (21 U.S.C. 620) from any foreign under such Allowances for fiscal year 2000 country with respect to which the Secretary OFFERED BY: MR. SANDERS shall be deposited in the Treasury and used has not made the determination, as is re- AMENDMENT NO. 12: Page 35, line 7 (relating for deficit reduction (or, if there is no Fed- quired by subsection (e) of such section, that to the rural community advancement pro- eral budget deficit after all such payments the foreign country’s meat inspection re- gram), insert after the dollar amount the fol- have been made, for reducing the Federal quirements currently achieve a level of sani- lowing: ‘‘(increased by $3,000,000)’’. debt, in such manner as the Secretary of the tary protection equivalent to that achieved Page 53, line 7 (relating to ocean freight Treasury considers appropriate). under United States standards; and differential grants), insert after the dollar (2) to permit the importation of poultry or H.R. 1906 amount the following: ‘‘(reduced by poultry products under subsection (a) of sec- $3,000,000)’’. OFFERED BY: MR. BASS tion 17 of the Poultry Products Inspection H.R. 1906 AMENDMENT NO. 1: Insert before the short Act (21 U.S.C. 466) from any foreign country title the following new section: with respect to which the Secretary has not OFFERED BY: MR. SANDERS SEC. l. (a) LIMITATION.—None of the funds made the determination, as is required by AMENDMENT NO. 13: Page 10, line 14 (relat- appropriated or otherwise made available by subsection (d) of such section, that the for- ing to the Agricultural Research Service), this Act may be used to award any new allo- eign country’s poultry inspection require- insert after the dollar amount the following: cations under the market access program or ments currently achieve a level of sanitary ‘‘(reduced by $10,000,000)’’. May 24, 1999 CONGRESSIONAL RECORD — HOUSE H3505 Page 50, line 9 (relating to the commodity tural Market Transition Act (7 U.S.C. 7272), purchase only American-made equipment assistance program), insert after the dollar any loans to sugar beet or sugar cane proc- and products. amount the following: ‘‘(increased by essors. (b) NOTICE TO RECIPIENTS OF ASSISTANCE.— $10,000,000)’’. H.R. 1906 In providing financial assistance using funds H.R. 1906 OFFERED BY: MR. TRAFICANT appropriated or otherwise made available by OFFERED BY: MR. SANDERS this Act, the Federal agency providing the AMENDMENT NO. 16: Insert before the short AMENDMENT NO. 14: Page 10, line 14 (relat- title the following new sections: assistance shall provide to each recipient of the assistance a notice describing the state- ing to the Agricultural Research Service), SEC. ll. None of the funds appropriated insert after the dollar amount the following: or otherwise made available by this Act may ment made in subsection (a) by the Congress. ‘‘(reduced by $5,000,000)’’. be expended by an entity unless the entity SEC. ll. If it has been finally determined Page 50, line 9 (relating to the commodity agrees that in expending the assistance the by a court or Federal agency that any person assistance program), insert after the dollar entity will comply with sections 2 through 4 intentionally affixed a label bearing a ‘‘Made amount the following: ‘‘(increased by of the Act of March 3, 1933 (41 U.S.C. 10a–10c; in America’’ inscription, or any inscription $5,000,000)’’. popularly known as the ‘‘Buy American with the same meaning, to any product sold H.R. 1906 Act’’). in or shipped to the United States that is not OFFERED BY: MR. SANFORD SEC. ll. (a) PURCHASE OF AMERICAN-MADE made in the United States, such person shall AMENDMENT NO. 15: Insert before the short EQUIPMENT AND PRODUCTS.—In the case of be ineligible to receive any contract or sub- title the following new section: any equipment or products that may be pur- contract made with funds appropriated or SEC. ll. None of the funds appropriated chased using financial assistance provided otherwise made available by this Act, pursu- or otherwise made available by this Act to using funds appropriated or otherwise made ant to the debarment, suspension, and ineli- the Department of Agriculture may be used available by this Act, it is the sense of the gibility procedures described in section 9.400 to pay the salaries and expenses of personnel Congress that entities receiving such assist- through 9.409 of title 48, Code of Federal Reg- who issue, under section 156 of the Agricul- ance should, in expending the assistance, ulations. 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, MONDAY, MAY 24, 1999 No. 75 Senate The Senate met at 11 a.m. and was ordered with respect to S. 1059, those WORK INCENTIVES IMPROVEMENT called to order by the President pro votes will be stacked to occur at 5:30 ACT tempore [Mr. THURMOND]. p.m. this evening. As always, Senators Mrs. FEINSTEIN. Mr. President, I will be notified as votes are ordered. wish to speak for a few moments today PRAYER It is the intention of the leader to about a bill that many Senators, some The Chaplain, Dr. Lloyd John complete action on the defense author- 70 of us, believe will improve the lives Ogilvie, offered the following prayer: ization bill this week as well as the de- of millions of disabled Americans. The Almighty God, who knows us as we fense appropriations bill. Therefore, Work Incentives Improvement Act really are and whose grace gives us the Senators can expect votes into the would allow disabled adults to enter courage to change and become more of evening throughout the week. the workforce without placing their what we were meant to be, we thank I thank my colleagues for their at- Medicaid or Medicare benefits at risk. I You for this quiet moment in which no tention and cooperation. particularly thank Senators KENNEDY, secrets are hidden from You, and our Mr. President, I note the absence of a JEFFORDS, MOYNIHAN, and ROTH for deepest longings are revealed. As we quorum. their outstanding leadership in begin this new work week, wash out of The PRESIDENT pro tempore. The crafting this legislation. I am very our minds any negative thinking or clerk will call the roll. proud to be a cosponsor. any emotions resistant to Your will. The legislative assistant proceeded Today, more than 8 million working- Help us to form and hold the picture of to call the roll. age adults receive disability payments ourselves as servant-leaders filled with Mrs. FEINSTEIN. Mr. President, I from the Federal Government for con- Your power, patriotism, and enthu- ask unanimous consent that the order ditions that range from paralysis to siasm. May we completely be absorbed for the quorum call be rescinded. multiple sclerosis. A recent Harris poll with what is best for our Nation and The PRESIDING OFFICER (Mr. showed that 72 percent of these dis- work together with a cooperative atti- HAGEL). Without objection, it is so or- abled people would really like to work, tude. Free us of the pride that thinks dered. but disabled Americans face a terrible too much about the perpendicular pro- f Catch-22. The Federal Medicaid pro- noun. We want to be motivators rather gram won’t cover people who continue than manipulators of the people around RESERVATION OF LEADER TIME to work and remain disabled. So if a us. May this be a great day of progress The PRESIDING OFFICER. Under disabled adult earns more than $500 a for the work of the Senate. To that the previous order, leadership time is month, he or she loses their Medicaid. end, bless the Senators with Your reserved. That is the rub. grace and goodness. Through our Lord The eligibility criteria for Medicaid and Savior. Amen. f benefits have had a devastating effect f on disabled Americans. The Medicaid MORNING BUSINESS program equates having a disability RECOGNITION OF THE ACTING The PRESIDING OFFICER. Under with being poor and unable to work, MAJORITY LEADER the previous order, there will now be a furthering inaccurate stereotypes The PRESIDENT pro tempore. The period for the transaction of morning about disability. To make things able acting majority leader is recog- business not to extend beyond the hour worse, the Medicaid program ensures nized. of 1 p.m. with Senators permitted to that disabled people who do work end Mr. HAGEL. I thank the Chair. speak therein for up to 10 minutes. The up having to shoulder the cost of their f time until 12 noon shall be under the care by themselves. control of the Senator from Illinois, For all but the best-off disabled SCHEDULE Mr. DURBIN, or his designee, with 20 Americans, these costs are prohibitive. Mr. HAGEL. This morning the Sen- minutes of the time to be under the People with serious medical conditions ate will be in a period of morning busi- control of the Senator from North Da- can’t pay the out-of-pocket costs of ness until 1 p.m. Following morning kota, Mr. CONRAD. their medical treatment. These costs business, the Senate will begin consid- Mrs. FEINSTEIN. Mr. President, I can run into the tens of thousands of eration of S. 1059, the Department of designate myself to control approxi- dollars each year. In other words, if a Defense authorization bill. Amend- mately 10 minutes of time. disabled American does have a job, the ments to the defense authorization bill The PRESIDING OFFICER. Without minute that disabled American earns are expected to be offered during to- objection, it is so ordered. more than $500 a month, they fall off a day’s session of the Senate. If votes are Mrs. FEINSTEIN. I thank the Chair. cliff and they lose their Medicaid or

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

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VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5788 CONGRESSIONAL RECORD — SENATE May 24, 1999 their Medicare. So millions of disabled CRISIS IN THE FARM ECONOMY not mean a lot to many people in our Americans remain dependent on cash Mr. CONRAD. Mr. President, I rise very urban society today, but a bushel assistance from the Federal Govern- today to talk about the continuing cri- of wheat weighs 56 pounds. So farmers ment simply because they can’t work sis in the farm economy. I have just are getting 5 cents a pound—actually and keep Medicaid at the same time. been home the weekend before last. Ev- something less than 5 cents a pound— Last year, I wrote to President Clin- erywhere I went in my State, people for the product they produce. There is ton urging a remedy to the situation. I were saying to me: Senator, something no way you can make it when you are am proud to be an original cosponsor of has to be done. We are facing a crisis in getting 5 cents a pound for a product the Work Incentives Improvement Act. rural America. The prices we are get- that costs at least 10 cents a pound to This bill allows Americans with dis- ting for things continues to be at very produce. But that is what is happening abilities to enter the workforce with- low levels—in fact, we have the lowest to farmers. out losing their health coverage under prices in 53 years—and at the same Let me go to the next chart that Medicaid or Medicare. Even if disabled time everything we buy is going up. shows what is happening to wheat people are working in full-time jobs That is putting us in a cost/price prices received by farmers in relation- with health benefits, they will be able squeeze that is truly strangling Amer- ship to cost. This green line shows the to buy their Medicaid coverage for ican farmers. cost of production in 1997. You can see medical expenses that their regular in- The result is going to be devastating it is just about $5 a bushel. That is the surance does not cover. unless there is a response. Last year, cost. That is the best estimate of what In addition, the Work Incentives Im- the Federal Government did respond it costs across the country to produce a provement Act sets up a new system with a $6 billion program of disaster as- bushel of wheat, just above $5. You can called Ticket to Work, to provide bet- sistance that made a significant dif- see the last time farmers were getting ter job training and placement services ference in rural America. About half of above $5 was back in 1996. Since that for the disabled. The Work Incentives that money went for a support, a sup- time, in 1997, it was far below the cost Improvement Act will enable disabled plement that gave farmers some assist- of production, and it has done nothing Americans to pursue self-sufficiency, ance when prices were collapsing. but get worse through 1998 and on into to achieve independence, and to con- There was also a second major element 1999. We are far below the cost of pro- tribute in meaningful ways to our for a disaster program, natural disas- duction. As I indicated, we are running, economy. It is certainly an idea whose ters around the country that had dra- down here at $2.60 a bushel. The cost of time has come. That is why over 70 matically reduced farm income. That production is over $5. It is no wonder Senators have signed on as cosponsors. program made a significant difference. farmers are saying we desperately need Unfortunately, the Senate has not Those same conditions continue this a Federal response. had the chance to vote on this impor- year. Prices again are at very low lev- Why is it a Federal responsibility? tant legislation. The reason I am on els, and we have seen natural disasters For the entire history of the United the floor today, as well as others who I once again strike rural America. In States, we have recognized the special hope will be coming to the floor, is to fact, we now know to deliver on the role of agriculture. We have recognized urge Senate Majority Leader TRENT promise we made last year on a dis- it is subject to dramatic swings in both LOTT to bring the Work Incentives Im- aster program is going to require more production and prices, because, first of provement Act to the Senate floor for money than we appropriated. We ap- all, it is a product that depends on the a vote soon. No one should have to propriated about $3 billion for that pur- weather, and the weather is very un- choose between a job and their health. pose. We now know delivery on the pro- predictable, as we have seen across the By preserving Federal health benefits gram we passed is going to cost an- country for year after year after year. for disabled workers, we can avoid the other $1.5 billion, because the signup of On top of that, we are subjected to dra- Catch-22 and, most importantly, we agricultural producers that is now matic price swings. In the last several can help the disabled to live full and completed indicates to us there are far years, we have been influenced by the healthy lives. more who are eligible than we thought collapse in Asia; we lost one of our big- Mr. President, I yield the floor, and I when we wrote the program. That is, of gest customers. We have also seen a fi- suggest the absence of a quorum. course, because we were faced with a nancial collapse in Russia. Of course, The PRESIDING OFFICER. The moving target. We were faced with ad- Russia was a key customer of the clerk will call the roll. ditional natural disasters that deep- United States. Those two things have The legislative assistant proceeded ened and worsened and made more had a dramatic and adverse impact on to call the roll. farmers eligible. price. You can see it here—prices down, Mr. GRAMS. Mr. President, I ask I believe we need that $1.5 billion to down, down—and the cost of produc- unanimous consent that the order for keep the promise made last year and tion staying up. That has put our farm- the quorum call be rescinded. another $2.8 billion that will be nec- ers at an extreme disadvantage. The PRESIDING OFFICER. Without essary to give the same kind of income While farmers are paying more but objection, it is so ordered. support we provided last year, about a receiving less, it is not surprising, Mr. GRAMS. Mr. President, I ask 50-percent AMTA supplemental. then, they find themselves in a cost/ unanimous consent that I be allowed to Why are these necessary? What is price squeeze. This green line shows speak for up to 25 minutes in morning happening out there so those of us who the prices farmers paid for various in- business. represent farm country come to our puts. As you can see, the prices farmers The PRESIDING OFFICER. Without colleagues and talk about a crisis in had been paying had been going up objection, it is so ordered. rural America? Perhaps the best way of rather steadily. They have actually (The remarks of Mr. GRAMS per- showing what has happened is this leveled off in the last 3 years. But look taining to the introduction of S. 1102, chart that shows what has happened, at what the prices that farmers have S. 1103, S. 1104 are located in today’s over a 53-year period, to farm prices. been receiving look like. That is this RECORD under ‘‘Statements on Intro- As we can see, with spring wheat and red line. We can see it peaked right at duced Bills and Joint Resolutions.’’) barley prices from 1946 to 1999, we are the time we passed the 1996 farm bill. Mr. GRAMS. I yield the floor and I now at the lowest level for barley and The 1996 farm bill changed every- suggest the absence of a quorum. wheat prices in 53 years. That is the thing. It said, instead of adjusting The PRESIDING OFFICER. The hard reality our farmers are coping what Government provides by way of clerk will call the roll. with, the lowest prices in 53 years. We assistance when prices fall, we will no The legislative assistant called the know that earlier this year hog prices longer do that. The new farm bill said roll. fell to 8 cents a pound. It costs 40 cents we are going to have fixed payments Mr. CONRAD. Mr. President, I ask a pound to produce a hog. that are sharply reduced year after unanimous consent that the order for To put these prices into some per- year no matter what happens to prices. the quorum call be rescinded. spective, these are per bushel. We are Here is the pattern we see: the prices The PRESIDING OFFICER. Without down to a price per bushel of $2.60 to farmers pay for goods they use to objection, it is so ordered. $2.70 for wheat. I know a bushel does produce products going up; the prices

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5789 they receive going down dramatically. shows no signs of working in the fu- will, he put aside the patriotic rhetoric The result is this enormous gap be- ture. of his time and sought for a policy that tween what they are able to buy for, The bombing has been of no help to would work. William Manchester, in what they have to pay to receive goods, the Kosovars, hundreds of thousands of his biography of Churchill called the and what they are able to get when whom have lost their homes, their ‘‘Last Line,’’ refers to Churchill as the they sell their goods. This dramatic neighbors, their children and perhaps father of the tank. It was Winston gap, this chasm now, between the even their lives while the bombing has Churchill who caught the vision of the prices farmers pay for what they have gone on. It has been of no help to the fact that you could do something dif- to buy and what they get for what they Albanians or the Macedonians who ferent and created the modern tank, or sell has opened up into such a large dif- have seen hundreds of thousands of ref- created the prototype of what became ference that literally tens of thousands ugees flood cross the borders into their the modern tank, and revolutionized of farm families are threatened. ill-equipped countries. It has been of no warfare, eliminating the failures of It would be one thing if the United help to NATO, an alliance that has trench warfare. States was alone in this world, if we seen its military stocks drawn down to If at first you don’t succeed, try did not have competitors to worry dangerously low levels with no effect something else. The legacy of Winston about, but we do have competitors. The on the atrocities going on in the kill- Churchill was that he was willing to Europeans are our chief competitors, ing fields. And the bombing has been of try something else when he saw the re- and it is very interesting to see what no help to our relationships with na- ality of the failure on the ground. I they are doing. tions outside of NATO, particularly think, frankly, that is the Churchillian At the very time when we have dra- Russia and China, who have vigorously example we should seek to follow now: matically cut support for farmers, cut opposed our decision to proceed. Suspend the bombing and try some- support at the very time they are in Again, in short, the bombing has not thing else. the greatest need, because the gap be- worked, even though we have persisted There are many suggestions on the tween what they pay for and what they for a longer time than we bombed in table. The one, of course, we hear the get has opened up in such a very seri- Desert Storm. My call for suspending most these days is send in the ground ous way, we have cut dramatically the the bombing comes from the modern troops. To those who urge this, I ask, level of support we provide our farm- wisdom that says: If at first you don’t as I asked when the bombing was pro- ers. In the last farm bill, we cut in half succeed, try something else. posed in the first place: Will it work? the support we provide our farmers. If There are those, including my col- Will it accomplish our goals? And with we look at what our competitors, the leagues on the Senate floor, com- that question, we get the next obvious Europeans, are doing, we see quite a mentators and columnists for whom I question: What are our goals? different pattern. have the utmost respect, who say we When Secretary Madeleine Albright Our European competitors are spend- cannot even consider suspension of the made the case for the bombing to the ing far more than we are to support bombing. We are at war, they say; we Senators in the Capitol, she told us if their farmers. If we go back to 1996, we must press on to victory. Anything else we did not bomb, the following would can see the red bar is what Europe is would be dishonorable, and on a prac- happen: First, there would be brutal spending in direct support; the yellow tical geopolitical level, would send the atrocities and ethnic cleansing bar is what we are spending. We can see wrong signal to others who might throughout all of Kosovo with tens of the pattern all through 1997, 1998, 1999, choose to confront us in the future. thousands of people being slaughtered the year 2000—and these are projec- Such language is often called and hundreds of thousands driven from tions for 2001 and 2002—that our com- Churchillian, echoing the electrifying their homes. petitors are providing much more sup- rhetoric of the indomitable prime min- Second, she said there will be a flood port to their producers than we are ister speaking in the darkest days of of refugees across the borders into providing ours. World War II. neighboring countries, swamping their I conclude by saying we have a crisis No one has a higher regard for the already fragile economies. in rural America. It requires a Federal magnificent rhetoric and the deeds of Third, she said there will be splits response. I hope very much before this Winston Churchill than I, but, to me, within NATO. This alliance will be year has concluded that we have said the mantra, ‘‘Because we’re in, we have torn apart by disagreements. farming is important in this country, to win,’’ is more suitable for a bumper And finally, she said Milosevic will that we understand it is in crisis, and sticker than it is for Winston Church- strengthen his hand on his local polit- that we are prepared to respond. ill. ical situation. I thank the Chair, and I yield the Let me take you to a Churchillian That was 8 weeks ago. Now, 8 weeks floor. episode that I think applies here, and it later, the bombing has failed to pre- The PRESIDING OFFICER (Mr. ROB- comes not from the darkest days of vent any of those results. All four of ERTS). The time between 12 noon and World War II but World War I. them have taken place—the ethnic 12:30 p.m. shall be under the control of Those who remember their history cleansing and the brutality and the the distinguished Senator from Utah, will remember that Winston Churchill atrocities have gone on; the refugees Mr. BENNETT. The Senator is recog- fell into great disregard during World have appeared across the borders; nized. War I as a result of his sponsorship of NATO is split with arguments going on f the Dardanelles operation. He was re- among its top leaders; and Milosevic moved from any position of responsi- has been strengthened as the leader, SUSPEND BOMBING IN KOSOVO bility. But because he was still an offi- martyr, hero, if you will, of the Yugo- Mr. BENNETT. Mr. President, I rise cer in the British Army, he agreed, in- slavs. We have not achieved a single to call for a suspension of the bombing deed sought for, the opportunity to go goal that the bombing set out to ac- in Kosovo, not because of anything to the front in France. And so, as complish. I come back to the same Milosevic has done, such as the release Major Churchill, he went to the front, question: What are our new goals? of three American servicemen; not be- and unlike most British officers of the As best I can understand them, from cause of differing opinions within time, he really went to the front. He the various statements that have been NATO, such as those currently being went all the way to the front lines and made, one list of the new goals would expressed by the Italians and the Ger- saw for himself over a period of time be as follows: No. 1, removal of all Ser- mans; not because of the inadvertent the horrors and the futility of trench bian influence in Kosovo; No. 2, a re- damage done to accidental targets, warfare. He saw it firsthand, and he turn of the Kosovars physically to such as the Chinese Embassy; and not came away convinced that it was not their land; No. 3, a rebuilding of their because of any personal animus or dis- working. homes and villages; and No. 4, an inter- trust of any individuals in this admin- When he returned to England, he be- national police force in there for an in- istration. No; I oppose continuation of came Minister of Munitions and put his definitely long period of time to guar- the bombing in Kosovo because it has full support and strength behind antee that their homes will always be not worked. It is not working and searching for an alternative. If you protected.

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5790 CONGRESSIONAL RECORD — SENATE May 24, 1999 Let us accept those goals for just a sion inevitable. A commitment now to No. I said to her: Madam Secretary, moment. I ask the same fundamental ground invasion would remove that deter- let me give you a little piece of his- question I asked in the beginning with rent, just as the commitment in March to tory. This comes out of the Eisenhower respect to bombing. Will it work? Will begin bombing in support of an ultimatum administration, presided over by a and the consequent withdrawal of inter- continuation of the bombing achieve national monitors removed an implicit de- military general who had achieved these four new goals when it did not terrent against sweeping ethnic cleansing international fame for his strategic vi- achieve the four old ones? And what and expulsion. sion. This is when he was President. about ground troops? Will ground As for to the remaining civilians in I said, ‘‘A group of his advisers came troops achieve these new goals? Kosovo—women, children and old people— to him to describe an international sit- On the first question, as to whether tens of thousands of them could be used uation and to recommend a military the continuation of the bombing will against the invasion as human shields, in a solution. They laid out all of the mili- achieve these new goals, there is dis- way never before seen in warfare. Fighting in tary actions they wanted to take and built-up areas, NATO troops would probably agreement from the experts. In this be fired on from buildings that were packed then said, Mr. President, it will achieve morning’s Washington Post, General on every floor with Kosovar women and chil- these results.’’ Short says: ‘‘Yes, we will see the dren. Using the traditional means—explo- President Eisenhower listened very achievement of these goals within a sives, artillery and rockets—to destroy those carefully and then asked: ‘‘Are you matter of months.’’ Last Friday, the buildings would make NATO forces the mass willing to take the next step?’’ They Defense Department spokesman Ken- executioners of the people we were fighting replied, ‘‘What do you mean, Mr. Presi- neth Bacon said, ‘‘No, there was no in- to protect. dent?’’ dication that bombing would achieve The column goes on. I shall not con- He said, ‘‘If this doesn’t work, this the goals.’’ tinue with it except to summarize the first step that you have outlined, are I ask this fundamental humanitarian grim conclusion. Mr. Ellsberg says: you willing to take the next step?’’ question: Do we have to continue to de- . . . We bombed Vietnam for seven and a ‘‘Oh, Mr. President,’’ they said, ‘‘the stroy the economy of Yugoslavia, de- half years in pursuit of goals we refused to next step won’t be necessary. There priving the civilian population of compromise and never secured. won’t need to be any next steps. This power and water, as we did over the I find that a chilling summary in first step will work.’’ weekend, raising the specter of the epi- terms of some of the language we are President Eisenhower asked again, demic spread of typhoid while we de- hearing now: We must never com- ‘‘You have not answered my question. cide who is right, while we decide promise until our goals are secured. Are you willing to take the next step?’’ which opinion is the correct one? Can The first goals laid out were not se- ‘‘Well, let us explain to you, Mr. we not suspend the bombing while that cured. We now have a new set of goals President, why the next—— debate goes on? and we are determined once again not He said, ‘‘I accept your analysis that With respect to ground troops, and to give in. this will probably work. I accept your those who say ground troops are the When I first went into the briefing analysis that people will probably only answer, those who are calling for room to hear Secretary Albright, Sec- react in the way you are suggesting an invasion and an indefinitely long oc- retary Cohen, National Security Ad- they will react. But I am asking you cupation of part of Serbia, that part viser Berger, and General Shelton give this question: ‘Are you willing to take known as Kosovo, to them I would us the justification for proceeding in the next step if the first one does not refer the words of Daniel Ellsberg that this area, I went in with no preconcep- work?’ And if the answer is ‘No’, then appeared in the New York Times last tions one way or the other. Contrary to don’t take the first step.’’ I asked, Friday. I find them chilling. I would assumptions that have been made in ‘‘Madam Secretary, my question to you like to read them now at some length. the press about those of us who voted is, ‘Are you willing to take the next I cannot paraphrase them and put against the bombing, I did not carry step?’ If this doesn’t work, what do we them in any better form than Mr. any impeachment baggage into that do?’’ Ellsberg himself. He says, referring to briefing. I got conversation, but I did not get a ground invasion in Kosovo: I have a history of backing President an answer to my question. I came out . . . I believe, it would be a death sentence Clinton when I think he is right. I sup- of that briefing saying, unless I can get for most Albanians remaining in Kosovo. ported him on the recognition of Viet- an answer to that question, I will vote By all accounts, it would take weeks to nam, on most favored nation status for against the bombing. I was not satis- months to deploy an invasion force to the re- China, on the Mexican peso bailout, on fied and I did vote against the bomb- gion once the decision to do so was made, NATO expansion, on NAFTA and GATT ing. and Slobodan Milosevic already has troops and fast track, all to the discomfort of I did not prevail in this Chamber. A there fortifying the borders. Wouldn’t the some of my constituents. I did so be- majority of the Members voted in favor prospect of an invasion lead him to order his cause I thought the President was of the bombing, and so we have now forces in Kosovo to kill all the military-age male Albanians and hold the rest of the pop- right. And I went into that briefing had 8 weeks of it. ulation as hostages rather than continuing very much capable of being convinced. That date has an interesting meaning to deport them? But during the briefing, as I became for me, because in this conversation, in A very, very important question. more and more uneasy about what I the briefing, they were asked, ‘‘How Daniel Ellsberg goes on: was hearing, when it came my turn to long will it take for us to find out if speak, I said to Secretary Albright: Let this is going to work?’’ We were told We don’t know how many male Kosovars of military age—broadly, [those] from 15 to 60 me give you a little bit of history. repeatedly, ‘‘We can’t tell you that. We years old—have been killed already. I did that because she had quoted his- don’t know.’’ tory to us, talking about the Balkans Finally, in some frustration, I spoke He says: being the beginning of World War I and out of turn and said to the briefer, But even if the number is in the tens of the battleground of World War II. ‘‘How long would you be surprised if it thousands . . . that would mean that most of the men were still alive. Facing invasion, And she said: If we don’t act quickly were more than?’’ would Mr. Milosevic allow any more men to enough, this will be the spark that sets I got kind of a dirty look and then leave Kosovo to be recruited by the K.L.A., off World War III. grumpily the fellow said: ‘‘8 weeks.’’ or to live to support the invasion? The Serbs I did not choose to argue with her Well, it has now been 8 weeks, and it could quickly slaughter 100,000 to 200,000 history. World War I did not begin be- hasn’t worked, which is why I am here male Kosovars. (In Rwanda five years ago, an cause of a fight over the Balkans. saying let’s suspend the bombing while average of 8,000 civilians a day were killed While there were battles in World War we talk about something that might. for 100 days, mostly with machetes.) II which occurred there, to be sure, the Let us stop destroying the economy of Obviously, Mr. Milosevic and his subordi- pivotal points in World War II were in Yugoslavia while we talk about what nates are brutal enough to do that. If they haven’t done it already (and there is no tes- places like North Africa, Stalingrad, might work in Kosovo, because our de- timony [to suggest] that they have on that Normandy, and Bastogne, not to men- struction of water works and television scale) it may well be because they fear that tion, of course, Guadalcanal, Iwo Jima, stations and power-generating plants such an annihilation would make an inva- and Leyte Gulf. in Belgrade has had no effect on the

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5791 killing in Kosovo. Can’t we stop killing Winston Churchill, the man who went Nation had to offer without regard to civilians who are not involved in this to the front lines and saw that trench family ties or political favors. while we talk about what our options warfare was insanity and came back to America’s diplomats are unsung he- might be? become the father of the tank, who roes. Americans understand and appre- I think one of the most trenchant looked for another alternative. There ciate the sacrifices of duty, honor, and and insightful analyses of what hap- must be something better than what is country we ask every day from our pened to this country in Vietnam was happening in Kosovo right now. Let us military around the world. However, written by Barbara Tuchman in a book suspend the bombing and search for it. not enough Americans know about the called ‘‘The March of Folly.’’ In that I yield the floor. sacrifices we also ask every day from book she described how people persist Mr. President, I have an additional 5 our American Foreign Service officers in going after solutions that do not minutes under my control, which I around the world. Just like our mili- work, because they do not want to yield to the Senator from Nebraska, tary, they serve our national interests admit that it won’t work, and they are Mr. HAGEL. abroad in an increasingly uncertain sure that if we just keep bombing a lit- Mr. DORGAN. Mr. President, if the and dangerous world. tle bit longer, somehow something will Senator from Nebraska will yield. Our military’s purpose is to fight and work out. The PRESIDING OFFICER. The Sen- win wars. The purpose of our diplomats Shortly after I had my exchange with ator is recognized. is to prevent wars. This makes recogni- Secretary Albright, the President, Mr. HAGEL. I am happy to yield to tion for their work more difficult. This President Clinton, was asked, ‘‘What my colleague from North Dakota. is a little like listening for the dog that doesn’t bark. But our Foreign will you do if the bombing does not f work?’’ He was asked by the Prime Service officers do much more than Minister of Italy. According to the EXTENSION OF MORNING prevent wars and resolve crises. They Washington Post, he looked startled at BUSINESS negotiate agreements to expand trade the question, then turned to National Mr. DORGAN. Mr. President, I have and open up foreign markets. They pro- Security Advisor Sandy Berger for an cleared this request. I ask unanimous tect Americans abroad who find them- answer. Mr. Berger gave him the an- consent that morning business be ex- selves in trouble and many more im- swer, ‘‘We will continue bombing.’’ tended until the hour of 1:30, and that portant responsibilities. They explain To me, that is folly. To me, that is at 1 I be recognized for 20 minutes in American policies to often hostile na- not Churchillian. To me, that is not morning business. tions. They help negotiate arms con- looking around to see what else might The PRESIDING OFFICER. Is there trol agreements to stem the dangerous be there. I suggest, again, I call for a objection? Without objection, it is so proliferation of weapons of mass de- suspension of the bombing while we re- ordered. struction. view our options, admit that the bomb- The distinguished Senator from Ne- The work of the Foreign Service is ing hasn’t worked and try to devise a braska is recognized. relevant. It is very relevant to the daily lives of every American. Their new strategy that will. Perhaps there f is none. After all of this analysis we many successes are often unheralded. 75TH ANNIVERSARY OF AMERICAN may come to the conclusion there is We take them for granted. The Foreign FOREIGN SERVICE nothing we can do now that the brutal- Service has endured the same under- ities have taken place and the Mr. HAGEL. I thank the Chair, and I funding and poor working conditions as Kosovars have been driven from their thank my friend and colleague from has our military services. In the last decade, the Foreign Service has experi- homes. There may be nothing we can Utah for some additional time. enced similar recruitment and reten- do effectively to restore them. For I rise today to commemorate the 75th tion problems, as has the military. those who say how humiliating it anniversary of the creation of the mod- ern American Foreign Service. Since 1992, the Foreign Service has would be for the United States to declined 11 percent, even while we have admit that, I ask this question, ‘‘How We have all traveled abroad. I have visited over 60 countries over the asked the Foreign Service to open up humiliating will it be if we go forward new missions in Central Asia and East- years. As many Americans, I have seen and fail to achieve our goals? Wouldn’t ern Europe and increase staffing in firsthand the dedication of professional we have been better off in Vietnam if China. This has led to sharp staff re- Foreign Service officers in some of the we had admitted that we were not get- ductions elsewhere in the world. ting it done long before the time came most difficult and dangerous working In my travels, as I am sure in your when that humiliating scene we all saw environments in the world. travels, Mr. President, and all of our on our television screens of the heli- There is no longer any clear division colleagues’ travels, we have also seen copters above the Embassy in Saigon between domestic and international how run down and dangerous many of was broadcast throughout all the issues. Transportation, trade, tele- our embassies around the world have world?’’ communications, technology, and the become. This has a real impact on our I voted for the supplemental bill that Internet have changed all that. national interest. This is as dangerous provided the military funds with re- As our Nation grew, it became more as what we have been doing to our spect to the operation in Kosovo. I did globally engaged. Over the last 200 military. It is like asking the Air so because I lost the first debate. The years, year after year, America has be- Force to permanently maintain an in- bombing went on. The funds were come an international community. In creased flight tempo with aging air- spent. The President has exhausted all 1860, we had only 33 diplomatic mis- craft and a severe shortage of pilots. of the funds of the Department of De- sions around the world. But we had 253 This all has serious consequences to fense through the balance of this year, consular posts abroad, primarily in- our country. Few appreciate how dan- and it would be irresponsible, in my volved in supporting our Nation’s dra- gerous it has become for our diplomats view, not to replenish those funds so matic economic growth and trade ex- who defend America’s interests the the Defense Department can function pansion. As America’s role in the world world. now. I voted to replenish the funds that grew, we took on more responsibility. Since World War II, more ambas- have already been spent. But I call on America’s diplomacy needed to draw sadors have been killed in the line of us to stop spending those funds now, from the broad strength of our demo- duty than generals and admirals. The while we undertake a comprehensive cratic society. And that, too, grew. Secretary of State has commemorated review of our strategy and address, The solution was the Rogers Act of 186 American diplomats who have died once again, the fundamental question 1924. This act created America’s first under ‘‘heroic or inspirational cir- that was not answered in the begin- professional competitive Foreign Serv- cumstances.’’ ning, and has not been answered so far, ice. It merged the small, elite diplo- Finally, in today’s global commu- which is still, ‘‘Will it work?’’ matic corps with the more broadly nity, we have a greater need for an ac- I conclude by saying that the historic based consular services. The Rogers tive, energetic, and visionary foreign figure upon whom I called for the ra- Act established a merit-based exam policy and those who carry out that tionality of answering that question is system to recruit the best our growing foreign policy than ever before.

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5792 CONGRESSIONAL RECORD — SENATE May 24, 1999 Today, we all commemorate the 75th there a constitutional right to profit I offered that in the Senate last anniversary of the creation of the mod- from a violent crime in America? I do Thursday, and I was joined by my col- ern American Foreign Service, and we not think so. league, Senator EVAN BAYH. It has now are stronger and better for it. The State of New York passed a stat- passed the Senate, and my hope is my The PRESIDING OFFICER. The time ute, the ‘‘Son of Sam’’ statute, and the colleagues in the House will see fit to between 12:30 and 1 p.m. shall be con- Federal Government passed a statute keep this in the Juvenile Justice Act, trolled by the Senator from New Hamp- saying that the proceeds from a book and it will go to the President and be shire. written by a violent offender who is signed into law. The distinguished Senator from New sent to prison cannot be retained by (The remarks of Mr. DORGAN per- Hampshire is recognized. the violent criminal. taining to the submission of S. Res. 105 (The remarks of Mr. SMITH of New That was appealed and went to the are located in today’s RECORD under Hampshire pertaining to the submis- U.S. Supreme Court. Guess what. The ‘‘Submissions of Concurrent and Sen- sion of S. Res. 107 are located in to- U.S. Supreme Court said: No, you may ate Resolutions.’’) not prohibit the expressive writings of day’s RECORD under ‘‘Statements on In- f troduced Bills and Joint Resolutions.’’) a violent criminal, because that is a The PRESIDING OFFICER (Mr. violation of the first amendment. I am COMPREHENSIVE NUCLEAR TEST BAN TREATY KYL). The time of the Senator has ex- truncating the Supreme Court deci- pired. The Senator from North Dakota sion, but essentially the Supreme Mr. DORGAN. Mr. President, I want is recognized. Court invalidated the ‘‘Son of Sam’’ to make a point about something Mr. DORGAN. Mr. President, I ask laws. The Federal law has never been which I think is critically important to enforced, to my knowledge, and the unanimous consent that Senator JOHN- the Senate and to this country and its State laws have been invalidated. SON be added as a cosponsor to S. 1022, future. It is something we are spending So we had a circumstance where, on the Veterans Emergency Health Care no time on and pay no attention to. It the program I watched, this serial kill- Act of 1999. is the issue of the Comprehensive Nu- er was interviewed. The woman with The PRESIDING OFFICER. Without clear Test Ban Treaty. whom he apparently is romantically objection, it is so ordered. In the past two State of the Union involved, who is one of the sponsors of f Addresses, the President has asked this book, was interviewed. It raised Congress to report out and approve the PRIVILEGE OF THE FLOOR the question in my mind: Shouldn’t we nuclear test ban treaty. Mr. DORGAN. Mr. President, I ask correct this issue and these statutes so Going back to a time when President unanimous consent that Josh Alkin, a the next time this goes to the Supreme Eisenhower talked about this issue, I member of my staff, be given the privi- Court, the Supreme Court will not think most Americans understand the overturn the law? lege of the floor. value of and the interest in a test ban I wrote a piece of legislation, after The PRESIDING OFFICER. Without treaty. consultation with some constitutional objection, it is so ordered. Since 1945, six nations have con- lawyers, that I think does solve this ducted 2,046 nuclear test explosions. f issue and will say to any prospective That is an average of one test every 9 author, some disgusting human being FEDERAL SON OF SAM days. There are a few countries that who murders four young girls and a LEGISLATION have the capability of producing a nu- man in Gainsville, FL, who now says, I Mr. DORGAN. Mr. President, last want to write a book to describe the clear weapon and testing a nuclear week we debated the Juvenile Justice detail, the horrible detail of these mur- weapon. There are many countries that Act. We had a good number of provi- ders: You can write until you are dead, want that capability. Stopping the sions, especially dealing with guns, gun but you will never ever profit, you will spread of nuclear weapons, stopping shows, and gun sales that were very never profit by writing the accounts of the spread of missile technology, the controversial. I did not speak last week your murders and then sell a book and means by which nuclear warheads can on an amendment I offered to the juve- keep the money. Not just you, but your be delivered, is critically important. nile justice bill that became a part of agent, those to whom you assign the It seems to me one of the that and is now a provision that has profits—you will not be able to reap underpinnings of those efforts must be been passed by the Senate. I want to the rewards of telling the gruesome, the passage of the Comprehensive Nu- take a few minutes today to describe dirty tales of your sordid criminal clear Test Ban Treaty. The United the amendment I offered and its impor- lives. States has been under a moratorium of tance. The juvenile justice bill which passed nuclear tests. We have not been testing Some while ago, I was watching a tel- last Thursday has an amendment in it since that moratorium began in 1992. evision program. It was about a serial that closes the loophole and rewrites We do not test nuclear weapons. We killer, a man who killed four women the Federal law. It says that any indi- have been a leader. In this area, ratify- and one man in Gainsville, FL. The vidual convicted of any Federal or ing the Comprehensive Test Ban Trea- program described the book this serial State felony or violent misdemeanor, if ty is not only important public policy killer has written: ‘‘The Making of a that convicted defendant tries to sell for our country and the world, it is im- Serial Killer: The Real Story of the his book, movie rights, or other expres- portant in the context of our leader- Gainsville Murders in the Killer’s Own sive work or any property associated ship in these areas. Words.’’ with the crime—a bloody glove, murder The difficulties we now have in the I thought: That cannot be the case. If weapon, photos and so on—whose value Balkans and the ruptures that have oc- you murder four or five people and are has been enhanced by that crime, then curred with our relationship with the sent to prison, you lose your right to the U.S. attorney will make a motion Russians, it seems to me, ought to em- vote and you lose certain rights. Do to forfeit all proceeds that would have phasize to us how important it is to you have a right to write a book and been received by the defendant or the turn back to these issues of arms con- profit from it? This television program defendant’s transferee—spouse, part- trol. described the dilemma. ner, friends, and so on. We know that the Iranians are test- There was a murderer in New York Is this important? I think it is. I ing medium-range missiles. We know who was described as the ‘‘Son of Sam’’ think we ought to have a Federal stat- that the North Koreans are testing me- murderer many years ago. He was sent ute, and if the Supreme Court said the dium-range missiles. We know that to prison and wrote a book in order to ‘‘Son of Sam’’ statute is not valid, we India and Pakistan exploded nuclear profit from his murder. In other words, ought to have a Federal statute that weapons under each other’s nose, and a violent murderer goes to prison and says to anybody in this country: If you they do not like each other. spends his time writing a book to sell commit a violent crime and you go to Ought that be of some concern to us? to the public to make money. Is that a prison, do not expect to sit in prison Of course it should. Yet, the Nuclear right prisoners have in this country and write and profit by publishing a Test Ban Treaty—the CTBT it is after committing a violent crime? Is book about your crime. called—the Comprehensive Nuclear

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5793 Test Ban Treaty is here in a committee Nuclear Test Ban Treaty. I hope that is Maria A. Finley, Staff Assistant. without movement. There were no sooner rather than later. Mickie Jan Gordon, Staff Assistant. hearings on the treaty in the last ses- Mr. President, I yield the floor, and I Creighton Greene, Professional Staff Mem- sion of the 105th Congress. We are now suggest the absence of a quorum. ber. William C. Greenwalt, Professional Staff 5 months into the 106th Congress. I The PRESIDING OFFICER. The Member. very much want our country to do the clerk will call the roll. Joan V. Grimson, Counsel. right thing: Ratify that treaty before The legislative assistant proceeded Gary M. Hall, Professional Staff Member. September of 1999, when the committee to call the roll. Larry J. Hoag, Printing and Documents will be formed of the countries that are Ms. LANDRIEU. Mr. President, I ask Clerk. signatories to that treaty and who unanimous consent that the order for Andrew W. Johnson, Professional Staff have ratified that treaty, about how it the quorum call be rescinded. Member. The PRESIDING OFFICER. Without Lawrence J. Lanzillotta, Professional Staff will be brought into force and how it Member. will be verified. objection, it is so ordered. George W. Lauffer, Professional Staff I know some say: Well, if you have a (The remarks of Ms. LANDRIEU per- Member. treaty on banning nuclear weapons taining to the submission of S. Con. Gerald J. Leeling, Minority Counsel. tests, only those who are willing to ban Res. 33 are printed in today’s RECORD Peter K. Levine, Minority Counsel. them will ban them, and you can’t deal under ‘‘Submission of Concurrent and Paul M. Longsworth, Professional Staff with the rogues or the outlaws. Senate Resolutions.’’) Member. Look, if that is the attitude, no arms Ms. LANDRIEU. I thank the Chair. Thomas L. MacKenzie, Professional Staff control of any type is worth pursuing. Mr. President, I suggest the absence Member. of a quorum. Michael J. McCord, Professional Staff But, of course, that is absurd. Arms Member. control has brought real rewards and The PRESIDING OFFICER. The Ann M. Mittermeyer, Assistant Counsel. real reductions in nuclear weapons. clerk will call the roll. Todd L. Payne, Special Assistant. I have in my desk here in the Senate The legislative assistant proceeded Cindy Pearson, Security Manager. a piece of a backfire bomber. I am not to call the roll. Sharen E. Reaves, Staff Assistant. at my desk to get it, but it is a piece Mr. WARNER. Mr. President, I ask Anita H. Rouse, Deputy Chief Clerk. of a wing of a backfire bomber. Nor- unanimous consent that the order for Joseph T. Sixeas, Professional Staff Mem- ber. mally you would get a piece of a poten- the quorum call be rescinded. The PRESIDING OFFICER. Without Cord A. Sterling, Professional Staff Mem- tial adversary’s bomber wing by shoot- ber. ing down a bomber. We did not do that. objection, it is so ordered. Scott W. Stucky, General Counsel. We cut the wing off the bomber as part f Eric H. Thoemmes, Professional Staff of an arms control agreement in which NATIONAL DEFENSE AUTHORIZA- Member. Michele A. Traficante, Staff Assistant. they reduced the number of bombers, TION ACT FOR FISCAL YEAR 2000 they reduced the number of missiles, Roslyne D. Turner, Systems Manager. and they reduced the number of war- The PRESIDING OFFICER. The D. Banks Willis, Staff Assistant. heads. clerk will report the bill. PRIVILEGE OF THE FLOOR Arms control reductions have The legislative assistant read as fol- Mr. WARNER. Mr. President, I ask worked. So too will the Comprehensive lows: unanimous consent that Lawrence Nuclear Test Ban Treaty. I intend to A bill (S. 1059) to authorize appropriations Slade, a fellow on the staff of Senator work with a number of my colleagues for fiscal year 2000 for military activities of MCCAIN, be granted privileges of the the Department of Defense, for military con- to see if we are able, in the coming floor during the discussion of S. 1059, struction, and for defense activities of the the national defense authorization bill. weeks, to speak with some aggressive- Department of Energy, to prescribe per- ness on this issue here on the floor of sonnel strengths for such fiscal year for the The PRESIDING OFFICER. Without the Senate and, on behalf of the Amer- Armed Forces, and for other purposes. objection, it is so ordered. Mr. WARNER. Mr. President, today ican people, to make the case that we The Senate proceeded to consider the the Senate begins consideration of S. ought to have the opportunity to vote bill. 1059, the National Defense Authoriza- on the ratification of the Comprehen- PRIVILEGE OF THE FLOOR sive Nuclear Test Ban Treaty. We tion Act for Fiscal Year 2000. Mr. WARNER. Mr. President, I ask It is my distinct privilege as chair- ought to do it soon. unanimous consent that the staff mem- I have seen the agenda that has been man to make the initial statement re- bers of the Committee on Armed Serv- offered by the Majority Leader as to garding this bill. I acknowledge the ices appearing on the list appendant what he hopes to bring to the floor to presence on the floor of my senior and hereto be extended the privilege of the the Senate before Memorial Day, be- most respected member, Mr. THUR- floor during consideration of S. 1059. MOND, the former chairman of the fore the Fourth of July. This is not on The PRESIDING OFFICER. Without it. It must be. It should be. I hope it Armed Services Committee. He will be objection, it is so ordered. speaking to the Senate just after the will be, because this is a critically im- The list is as follows: portant issue to our country and to the statements by the chairman and the ARMED SERVICES COMMITTEE STAFF world. ranking member. I thank Senator Efforts to stop the proliferation of Romie L. Brownlee, Staff Director. LEVIN, the ranking member. We came David S. Lyles, Staff Director for the Mi- to the Senate together. I think this is nuclear weapons are critical to our fu- nority. ture. Charles S. Abell, Professional Staff Mem- our 21st year. We have collaborated on Many countries want them. Only a ber. many, many special assignments given few countries have access to them. We Judith A. Ansley, Deputy Staff Director. to us by previous chairmen and/or must, at every step of the way, try to John R. Barnes, Professional Staff Mem- ranking members through the years. I forge arms control agreements that ber. value our professional relationship and, work. The Comprehensive Nuclear Test Stuart H. Cain, Staff Assistant. indeed, our friendship. Ban Treaty is one step in that direc- Christine E. Cowart, Special Assistant. I also wish to pay special acknowl- Daniel J. Cox, Jr., Professional Staff Mem- tion. ber. edgment to the subcommittee chair- Other steps include forging addi- Madelyn R. Creedon, Minority Counsel. men of the Armed Services Committee. tional alliances with Russia who, as all Richard D. DeBobes, Minority Counsel. Prior to this year, for some 20 years, I of us know, is in some significant eco- Marie Fabrizio Dickinson, Chief Clerk. was a subcommittee chairman. I under- nomic difficulty. We worry a lot about Keaveny A. Donovan, Staff Assistant. stand the role of a subcommittee chair- a range of issues with respect to their Edward H. Edens IV, Professional Staff man on our committee. But I must say, command and control of nuclear weap- Member. with great humility, I think each of Shawn H. Edwards, Staff Assistant. ons. Pamela L. Farrell, Professional Staff Mem- the subcommittee chairmen this year But the first step, I think, is for the ber. exceeded beyond any current precedent Senate to be given the opportunity to Richard W. Fieldhouse, Professional Staff their leadership, their hard work, to- vote on and ratify the Comprehensive Member. gether with their ranking member, in

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5794 CONGRESSIONAL RECORD — SENATE May 24, 1999 preparing the respective parts of this Unfortunately, after years of declin- spending and lay it out historically bill over which their subcommittees ing budgets and continually increasing over these 15 years. have jurisdiction. deployments overseas, the military But let no one, let no nation, let no We have on our committee today services are showing the beginning leader, let no rogue or terrorist think marvelous participation by all mem- signs of this overburdening. Recruiting for a moment that the men and women bers of the committee, on both sides of and retention problems are leading to of the Armed Forces of the United the aisle. I think our committee has shortfalls in key skills. Insufficient States, together with their equipment historically operated and tried in every procurement budgets have left our and their readiness and training, aren’t way to be nonpartisan on matters of forces with equipment that is some- prepared to turn back any threat posed defense, and we have succeeded. what unreliable because of age and, in- against this Nation, or this Nation to- We are supported by just an extraor- deed, more costly every day to main- gether with its allies. dinary professional staff, and indeed tain. Inadequate infrastructure funding In numerous committee hearings this other Members have their various per- has resulted in the degradation of the year, the frightening magnitude of sonal staff members who work with the facilities in which our military per- some of these problems was revealed. General Shelton, Chairman of the professional staff, and it is all a team sonnel work and live. together working to produce not only We must provide additional resources Joint Chiefs of Staff stated, ‘‘Anec- the bill but throughout the year to be if we are to preserve this Nation’s secu- dotal and now measurable evidence in- responsive to each and every Member rity and the readiness of its Armed dicates that our current readiness is of the Senate with regard to their re- Forces. That is why this bill before the fraying and that the long-term health quests, or whatever the case may be, as Senate authorizes $288.8 billion in of the Total Force is in jeopardy.’’ Gen- eral Shelton further informed the com- they relate to the jurisdiction of our budget authority for fiscal year 2000— mittee that our ability to execute our committee. So I thank them all at this $8.3 billion above the President’s re- national military strategy has declined time, as we begin this very important quest. presentation to the Senate for the year I commend the majority leader of the so severely that it would ‘‘* * * take us 2000. more time, and that time to victory Senate, Senator LOTT, for his support I am extremely pleased to observe and his leadership. It doesn’t just go would mean that we would lose terrain that this is the first time in nearly 15 back a few weeks; it goes back well that we subsequently would have to re- years—15 consecutive years—that the gain. It means that the casualties to into last year. When consulting with defense budget before the Senate rep- the U.S. would be higher.’’ Further- him and, indeed, our distinguished resents an increase in real terms, real more, according to the latest Quarterly chairman at that time, Senator THUR- dollars in our defense spending. This is Readiness Report: ‘‘* * * there are cur- MOND, the three of us recognized, to- a much-needed change, one that recog- rently 118 CINC-identified readiness re- gether with other leaders in the Sen- nizes the problems brought on by 14 lated deficiencies, of which 32 are des- ate, such as Senator STEVENS and Sen- years of decline in defense spending. ignated category 1 deficiencies—ones ator DOMENICI, that we have to bring This overlaps, as the Chair will quickly which entail significant war fighting about a reversal in this decline of de- recognize, both Republican and Demo- risk to execution of the National Mili- fense spending. Those are the origins of crat administrations. So this is not a tary Strategy and are key risk drivers political statement, although I do be- the change of this curve. for the MTW, Major Theater War, sce- I want to note the extraordinary re- lieve that the cuts under President narios.’’ lationship that exists today between Clinton have been too long and too During the committee’s hearings on deep. It was this year that the Presi- our committee and the Defense Appro- September 29, 1998 and January 5, 1999, dent, largely at the urging of a very priations Subcommittee. I particularly the Service Chiefs outlined the essen- courageous and fine Secretary of De- thank Senator STEVENS and his staff tial funding requirements necessary to fense, our former colleague, Secretary director, Steve Cortese, for their co- maintain the readiness of the armed Cohen, and, indeed, members of the operation and support throughout the forces. General Shelton and the Chiefs Joint Chiefs, gave his support to rais- process of putting this bill together. identified a series of readiness and ing defense spending levels. Hopefully, Senator STEVENS will follow modernization problems that, without Today, particularly under President soon behind with his bill so that the additional funding of approximately Clinton, who has sent forward our Senate can have both to consider. $17.5 billion per year—I repeat, Mr. troops into harm’s way more times on At this point I wish to take a mo- President—$17.5 billion per year— more different specific missions than ment to give credit to the Joint Chiefs would continue to degrade our military any other President in the history of of Staff for helping to secure the addi- capability. this country, we are asking every day, tional funding for defense. I think this This figure does not include the addi- every month, every year, more and is the first year in my 21 years that tional funding necessary for contin- more of the men and women of the they have stepped forward with such gency operations such as those we are armed services at a time when we have absolute determination, vigor, and pro- facing in Kosovo today and in Bosnia this very, very low level of manning of fessional honesty and integrity and and Iraq. It does not include additional all branches of our services. told the Senate—in effect, told the funding for these contingency oper- At the same period, this world re- American people—of the concerns they ations and increased pay and retire- mains a place of ever increasing vio- have not only for their personnel but ment benefits necessary to address the lence and uncertainty. As U.S. national for the lack of funding needed to train serious problems in recruiting and re- interests are challenged throughout the personnel, the research and devel- tention. This would cause additional the globe, it is incumbent upon our opment needed for the future, and the requirements to exceed $20 billion per military to be prepared to act when procurement decline we have experi- year. necessary, and act they have, with ex- enced through these years. They came While the committee acknowledges traordinary commitment and profes- before the Senate committee last Sep- that the administration’s budget re- sionalism. tember and again in January, and they quest contained additional money for Our military forces are currently were very forthright. I don’t doubt for defense—primarily because of the Joint strained by ongoing day-to-day oper- a minute that their determination was Chiefs and Secretary Cohen’s direct ations. The contingency operations in the primary reason the President and pleas to the President, the proposed Bosnia, Iraq, and throughout the Bal- the Secretary of Defense stepped up budget request for fiscal year 2000 still kan regions are putting a very severe and began to support additional fund- falls short of meeting the Service strain on our overall manning and ing. Chief’s minimum requirements. commitments, and the families —may I The Secretary of Defense, of course, One of the noteworthy shortfalls underline ‘‘the families’’—of these all along had been counseling the within the budget request is the Ad- service members. In order for the mili- President, but I want to pay special re- ministration’s request to incremen- tary to respond effectively, it must re- spect to the Joint Chiefs. tally fund military construction. Such ceive the resources necessary to equip, It is by necessity that I address this incremental funding would actually re- train, and operate. question of the shortfall in defense sult in increased costs and delays in

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5795 the construction of critical facilities. 1999 funding levels. That is an area in I established a new subcommittee In addition, although the administra- which the Presiding Officer has taken a this year called Merging Threats under tion’s fiscal year 2000 request rep- great deal of interest through the the very capable leadership of the Sen- resents an increase of approximately years. ator from Kansas, Senator ROBERTS. He $500.0 million over the fiscal year 1999 Recommended a comprehensive set of will have more to say today about the budget request, it does not adequately provisions to enhance safeguards, secu- very valuable work of this sub- fund the quality of life needs of the rity and counterintelligence at DOE fa- committee and its ranking member military departments. Therefore, the cilities in response to recent and very, and other Members toward what I have bill before the Senate allocates an ad- very grave and serious allegations re- described in meeting this particular ditional $3.3 billion to MILCON to fully garding lack of security at DOE labora- threat here at home. fund the fiscal year 2000 military con- tories. These particular teams, each com- struction and family housing programs We are learning every day about this prised of 22 full-time National Guard requested by the Administration, and breakdown in our counterintelligence. personnel specifically trained and to fund additional quality of life pro- Members are participating in this ana- equipped to deploy and assess sus- grams—those determined by the mem- lyzation. It is very serious and requires pected nuclear, biological, chemical, bers of our committee to have that the closest attention by every single and radiological events in support of high priority. Member of the Senate. local first responders—that is, the local A focus of the committee’s action The committee has spent a good deal police, the local rescue, hospitals, vol- this year has been to address the seri- of time examining the allegations of unteers all across our country; that is ous problems we are having with re- Chinese espionage at the DOE facili- a local responding—would provide cruiting and retaining a quality force. ties. The initiatives contained in this greater team coverage nationwide and In January, the committee moved bill, I believe, will go a long way to- greatly increase our ability to respond quickly to report out—and the Senate ward fixing the problems that Congress quickly to terrorist attack in the subsequently passed—S. 4, The Sol- continues to discover. I say ‘‘con- United States of America. diers’, Sailors’, Airmen’s and Marines’ tinues,’’ because more and more comes Now, I note that the National Guard Bill of Rights Act of 1999. The act au- out every day. is involved. Throughout this bill, thorized a 4.8-percent pay raise, re- In addition to the other items con- throughout current military history, formed the military pay tables, and im- tained in this package, we have put there is an ever and ever increasing proved the military retirement system. into statute many of the items con- role for the Guard and Reserve forces. The National Defense Authorization tained in the Presidential Decision Di- They comprise the total force, when Act for 2000—this bill—includes pay rective 61. The Secretary of Energy has you calculate the military capabilities and compensation elements of S. 4, as indicated his support for our legisla- of this country, and as each year goes well as other innovative proposals to tion. That is in this bill. We passed by, more and more responsibility must offer incentives to potential recruits these provisions with strong bipartisan be shared by the Active Forces with and active-duty personnel. support in the committee. the Guard and the Reserve. They have We believe the policies recommended We also authorized a $855 million in- performed brilliantly. in this bill will enable the military crease to the procurement budget re- Further, we establish a Department services to recruit and retain the num- quest and a $213 million increase to re- of Defense central transfer account for ber of quality personnel required to search, development, test, and evalua- all funds to combat terrorism both at meet our national military strategy. tion for the Navy, Marine Corps, and home and abroad, establish an informa- That is the heart and soul of this bill. Air Force seapower and strategic lift tion assurance initiative to strengthen Again, I wish to commend Senator programs. In addition, the committee DOD’s information assurance program, LOTT and others who let this com- authorized the budget requests for con- and add an additional $120 million to mittee move out and have this as the struction of six new ships and robust the administration’s request for infor- first bill in the Senate to send the research and development in the future mation assurance programs, projects, strongest message to the men and ships DD–21, CVN(X), the Virginia class and activities. women in the Armed Forces all across submarines, and CVN–77. The committee also considered addi- the world that the Congress of the We added nearly $1.9 billion to pro- tional base closings. This is a very seri- United States—certainly the Senate— cure a range of critical, unfunded re- ous subject, and my colleague, Mr. stands beside them to see they are quirements, and over $280 million of LEVIN, will have more to say about properly compensated and that their vital research and development activi- this, as will Senator MCCAIN. During families receive a fair return for their ties for both air and land forces. markup, the committee addressed two services and the risks they take. We establish 17 new National Guard amendments submitted by these Sen- There it is. It is in here. I hope it re- Rapid Assessment and Initial Detec- ators. Both were not voted favorably ceives the strongest support of the Sen- tion Teams for domestic response to by the committee. ate. terrorist attacks involving weapons of Speaking for myself, I have histori- The funding level of $288.8 billion for mass destruction. cally supported BRAC as a means of re- defense contained in the bill before the This is a problem that this Senator ducing excess military infrastructure. Senate represents a real increase of 2.2 considers the most serious facing the As Secretary of the Navy, I remember percent over the fiscal year 1999 level. United States of America. That is, ter- vividly having closed the Boston Naval With the additional $8.3 billion over rorism, which no longer is beyond our Shipyard, one of the most significant the budget request, the committee has shores but which could be brought to base closings since World War II. I done the following: our shores by any of the people cross- know how difficult it is on the local Added more than $1.2 billion to pri- ing through the ports and the airports community and the State to see one of mary readiness accounts, including of this great nation of ours. Regret- these facilities close. It is not just a ammunition, training funds, base oper- tably, even someone of deranged mind matter of economics, although that is ations, and real property maintenance. here at home could bring about the use very serious; it is a matter of pride; it Two, authorized net increases of of weapons of mass destruction. is a matter of patriotism; it is a matter $509.3 million for ballistic missile de- Therefore, this Senator, and indeed of generations of association of the fense programs; $218 million for mili- this committee, is giving its strongest men and women of the military forces tary space programs and technologies; support to prepare ourselves, hopefully, who were trained at and operated these $111.6 million for strategic nuclear de- to deter any such attacks. If they bases. It goes back into the sinews of livery vehicle modernization; and $55 occur, then the resources of the De- our history. million and a fraction for military in- partment of Defense stand well trained Today, it is quite clear that the in- telligence programs; authorized $12.2 to assist other departments and agen- frastructure and our inventory exceeds billion for atomic energy defense ac- cies of this Government in bringing that which is needed by the current tivities under the Department of En- about what solutions we would be faced levels of the Armed Forces. Much of ergy, an $187 million increase over the with in such a horrible situation. our war-fighting capability has

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5796 CONGRESSIONAL RECORD — SENATE May 24, 1999 changed dramatically. I remember the with the chairmen before Senator ation, spare parts, reserve component first BRAC. I was coauthor of that leg- THURMOND—Senator Nunn, Senator training, depot maintenance. islation. We closed a number of the old Tower, Senator Goldwater, Senator In addition, the bill includes the cavalry outposts that were built for Stennis. Indeed, both you and I were triad of pay and retirement initiatives the sole reason of protecting the terri- well trained by these very, very strong sought by Secretary Cohen and by the tories when Americans were settling and able leaders in the defense of our Joint Chiefs—a 4.8-percent military the West. Nation. pay raise for fiscal year 2000, reform of By the time we got around, I think, Mr. LEVIN. Mr. President, that is a the military pay table to increase pay 10, 12 or 15 years ago, to closing these view I fully share. for midcareer NCOs and officers, and bases, they had long since outlasted The bill we bring to the floor is a changes to the military retirement sys- their military contribution to the over- sound bill that goes a long way to meet tem. These changes will, hopefully, all security of our Nation. Historically, the priorities which have been estab- help address recruiting and retention the country has always been behind. lished by Secretary Cohen and the problems we have in the services. Again, I was the coauthor of the last Joint Chiefs of Staff. It is brought to When S. 4 was considered on the Sen- BRAC bill. However, this time I de- the floor based on a very sound founda- ate floor, we indicated then we wanted clined and voted against the BRAC leg- tion because General Shelton, the to do everything we could to ensure the islation for reasons that I will state Chairman of the Joint Chiefs, has as- men and women in uniform received more succinctly and fully at the time sured us, assured the committee, as- fair compensation for the service they the amendment is brought to the floor sured the Congress, and assured the provide to our country. At that time, I today. Nation our Armed Forces are fun- expressed concern about proceeding I believe the bill before the Senate is damentally sound and fundamentally with the pay bill outside the context of a vital first step in enhancing military capable of fulfilling their role in our the defense authorization bill and be- readiness, modernizing our forces, and national military strategy. So we start fore Congress had passed a budget reso- improving the quality of life of our with that sound foundation. Obviously, lution. We have now revisited this service members and their families. there are some places where we have to issue in the context of the budget reso- I urge my colleagues to send a strong put some additional resources. But the lution and the authorization bill. I am signal of support, a strong signal of foundation is a sound one and the pleased to report the changes in mili- support to the men and women of the Chairman of our Joint Chiefs has as- tary pay and benefits proposed in this Armed Forces bravely performing their sured us of that. bill are all paid for. responsibilities as their forefathers So, what we seek to do in this bill is Unfortunately, the committee has have done throughout the history of build on that sound foundation. I be- not yet been able to find a way to fund this great Nation, formed 209-plus lieve we have done so. In accordance one of the most important aspects of S. years ago. I anticipate with this bill with the fiscal year 2000 budget resolu- 4, and that aspect is Senator CLELAND’s and the bills that will follow we will al- tion, the bill includes an $8 billion in- proposals to enhance the GI bill, which ways keep America strong, a beacon of crease in budget authority above the is so important in providing edu- hope and freedom and security to the level provided in the President’s budg- cational opportunities to the men and whole world. et. women in our Armed Forces. These I yield the floor. Unlike some of the budget increases provisions, Senator CLELAND’s pro- The PRESIDING OFFICER. The Sen- in the past years, the added money in posal, would provide substantial incen- ator from Michigan. this bill will be spent in a much more tives to help address the current re- Mr. LEVIN. Mr. President, I am responsible way than we have some- cruiting and retention problems which pleased to join the chairman of the times done in the past, because the face the military services while offer- Armed Services Committee in bringing money we have added this year is en- ing our men and women in uniform an S. 1059 to the floor. This is our fiscal tirely spent for programs for which the educational opportunity in the proud- year 2000 defense authorization bill. It Department of Defense has indicated a est tradition of our country. I expect is the product of many months of hard real need. The bottom line is, this bill Senator CLELAND will raise this issue work by the committee under the lead- will improve the quality of life for our again as we debate the bill on the floor. ership of our new chairman, Senator men and women in uniform. It will im- I sincerely hope we will find a way to WARNER, who has taken the baton from prove the readiness of our military. It adopt these proposals. They are very Senator THURMOND, who had done an will continue the process of modern- important proposals. They are impor- extraordinary job. Senator THURMOND, izing our Armed Forces to meet the tant to the retention we need to en- who is on the floor, was chairman of threats of the future. hance. They would be important even if our committee for many years. This Virtually all the items for which the there were not a retention problem, in year he turned that responsibility over committee added funding were taken terms of opportunities we should offer to Senator WARNER, and Senator WAR- from either the Services’ unfunded pri- to the men and women in our Armed NER has carried on with great strength ority list for fiscal year 2000 or from Forces. and great commitment that is in keep- the outyears of the future years’ de- The bill reported by the committee ing with the leadership Senator THUR- fense program, the so-called FYDP, also provides full funding for the De- MOND showed when he was chairman of which we deal with in the Armed Serv- partment of Defense Cooperative this committee. I commend Senator ices Committee. These add-ons include Threat Reduction Program with Russia WARNER for carrying on that tradition substantial increases for the highest and with other countries of the former of Senator THURMOND and, indeed, priority readiness items identified by Soviet Union. Unfortunately, two of those before Senator THURMOND. the Joint Chiefs of Staff, including an the three companion programs at the As Senator WARNER has pointed out, added $554 million for real property Department of Energy received sub- our staffs have been instrumental in maintenance, $420 million for base op- stantially less funding than requested helping us bring this bill to the floor. erations, $120 million for ammunition, by the administration. The bill also We had a unanimous vote for this bill $73 million for spare parts, $60 million contains some unfortunate restrictions in committee. I think that is a real tes- for reserve component training, $40 on the DOE Nuclear Cities Program, tament to the chairman’s leadership. I million for depot maintenance. This which I hope we will be able to address commend him for it. money will significantly enhance the on the Senate floor. Mr. WARNER. Mr. President, if the ability of our Armed Forces to carry The Cooperative Threat Reduction Senator will yield, it was a partnership out their full range of missions. Program and the related Department between the Senator from Michigan These are areas where we sometimes of Energy programs are one positive and myself together with all members fall short. These are not the most cornerstone of our relationship with of our committee. glamorous areas. They do not have a Russia. They play a vital role in our I think in the context of talking lot of people lobbying for them. But national security by reducing the about Senator THURMOND, in the 21 they are critically important areas— threat of the proliferation of weapons years we have been here, he served real property maintenance, base oper- of mass destruction from Russia and

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5797 from rogue nations with which Russia that must be addressed. We cannot nities potentially affected by additional might be pressured to form closer ties have this both ways. We do have needs rounds of BRAC. At the same time, many in the absence of these programs. that must be addressed, and we have success stories across the nation prove that base closure and realignment can actually One area where I am most dis- infrastructure we do not need which, if lead to increased economic growth. In fact, appointed with the outcome of the removed, will provide the resources to the GAO recently noted that in most post- markup is base closures, and our chair- meet those needs. BRAC communities incomes are actually ris- man has made reference to this issue. Our top uniformed officers tell us the ing faster and unemployment rates are lower The case for additional rounds of following: than the national average. Moreover, the De- base closures is overwhelming. The BRAC is the single most effective tool partment continues to streamline the proc- Secretary of Defense has told us that available to the Services to realign their in- ess, making it even easier for communities to dispose of base property and to create new more base closures are critical to frastructure to meet the needs of changing organizations and to respond to new ways of jobs in the future. meeting our future national security The Department’s ability to properly sup- doing business. No other initiative can sub- needs. The Secretary’s letter reads, in port America’s men and women in uniform stitute for BRAC in terms of ability to re- today and to sustain them into the future part, as follows: duce and reshape infrastructure. Simply hinge in great measure on realizing the crit- [N]o other reform— stated, our military judgment is that further ical savings that only BRAC can provide. As base closures are absolutely necessary. No other reform— such, the Chairman and Joint Chiefs are even comes close to offering the potential Absolutely necessary is what the unanimous in their support of our legislative savings afforded by even a single round of chairman and the members of the Joint proposals, and I most strongly solicit your BRAC. Chiefs tell us. support and that of your colleagues. Which is the base closing process. These are not words of subtlety; BILL COHEN. There simply is no substitute for base clo- these are very direct words which come sure and realignment. from our uniformed leadership in this CHAIRMAN OF THE country, and we should heed them. I JOINT CHIEFS OF STAFF, He went on to say: Washington, DC, May 10, 1999. The two additional rounds under consider- hope we will do that during consider- ation of this bill. Hon. JOHN WARNER, ation by the Committee will ultimately save Chairman, Committee on Armed Services, U.S. $20 billion and generate $3.6 billion annually. Mr. President, I ask unanimous con- Senate, Washington, DC. Both the Congressional Budget Office and sent that the two letters to which I DEAR MR. CHAIRMAN: We are writing to you the GAO affirm the reasonableness and credi- have referred, in addition to a letter to express our strong and unified support for bility of our estimates for savings from from the Service Secretaries dated authorization for additional rounds of base BRAC. In exchange for property that we nei- May 11, be printed in the RECORD. closures when the Senate Armed Services ther want nor need, we can direct $3.6 billion There being no objection, the letters Committee marks up the FY 2000 Depart- on an annual basis into weapons that give were ordered to be printed in the ment of Defense Authorization Bill next our troops a life-saving edge, into training week. that keeps our forces the finest in the world, RECORD, as follows: Previous BRAC rounds are already pro- and into the quality of life of military fami- THE SECRETARY OF DEFENSE, ducing savings—$3.9 billion net in 1999 and lies. Washington, DC, May 11, 1999. $25 billion through 2003. We believe that two Hon. CARL LEVIN, The Secretary concluded: additional rounds of BRAC will produce even Ranking Member, Armed Services Committee, more savings—an additional $3.6 billion each The Department’s ability to properly sup- U.S. Senate, Washington, DC. year after implementation. This translates port America’s men and women in uniform DEAR CARL: As I have on many occasions, directly into the programs, forces, and budg- today and to sustain them into the future I want to convey my strong support for ap- ets that support our national military strat- hinge in great measure on realizing the crit- proval of additional rounds of Base Realign- egy. Without BRAC, we will not have the ical savings that only BRAC can provide. As ment and Closure (BRAC) authority as part maximum possible resources to field and op- such, the Chairman and Joint Chiefs are of the FY 2000 Department of Defense Au- erate future forces while protecting quality unanimous in their support of our legislative thorization Bill, which the Senate Armed of life for our military members. We will also proposals, and I most strongly solicit your Services Committee is marking up this be less able to provide future forces with the support and that of your colleagues. week. modern equipment that is central to the The Chiefs themselves—all of them, As you are aware, the first three rounds of plans and vision we have for transforming the Chairman and the other Chiefs— BRAC have already yielded some $3.9 billion the force. The Department’s April 1998 report to Con- wrote to us on May 10, a very strong net savings in FY 1999 and will generate more than $25 billion by the year 2003. These gress demonstrates that 23 percent excess ca- letter, about the necessity of adopting savings have proven absolutely critical to pacity exist. The Congressional Budget Of- an additional round of base closings. sustaining ongoing operations and current fice agrees that our approach to estimating Here is what they wrote to our chair- levels of military readiness, modernization excess capacity yields a credible estimate. man: and the quality of life of our men and women The General Accounting Office also agrees Previous BRAC rounds are already pro- in uniform. Even still, the General Account- that DOD continues to retain excess capac- ducing savings—$3.9 billion net in 1999 and ing Office (GAO) points out that the Depart- ity. The importance of BRAC goes beyond sav- $25 billion through 2003. We believe that two ment of Defense continues to retain excess ings, however. BRAC is the single most effec- additional rounds of BRAC will produce even infrastructure, which we estimate at roughly tive tool available to the Services to realign more savings—an additional $3.6 billion each 23 percent beyond our needs. their infrastructure to meet the needs of year after implementation. This translates As you know, we are aggressively reform- ing the Department’s business operations changing organizations and to respond to directly into the programs, forces, and budg- new ways of doing business. No other initia- ets that support our national military strat- and support infrastructure to realize savings wherever possible. Nevertheless, no other re- tive can substitute for BRAC in terms of egy. Without BRAC, we will not have the ability to reduce and reshape infrastructure. maximum possible resources to field and op- form even comes close to offering the poten- tial savings afforded by even a single round Simply stated, our military judgment is that erate future forces while protecting quality further base closures are absolutely nec- of life for our military members. We will also of BRAC. There simply is no substitute for base closure and realignment. essary. be less able to provide future forces with the BRAC will enable us to better shape the modern equipment that is central to the The two additional rounds under consider- ation by the Committee will ultimately save quality of the forces protecting America in plans and vision we have for transforming the 21st century. As you consider the 2000 the force. $20 billion and generate $3.6 billion dollars annually. Both the Congressional Budget Of- budget, we ask you to support this proposal. These are our top military officials fice and the GAO affirm the reasonableness Gen. HENRY H. SHELTON, telling us about the importance of ad- andcredibility of our estimates for savings USA, ditional rounds of base closings, to re- from BRAC. In exchange for property that Chairman, Joint Chiefs move the unneeded infrastructure that we neither want nor need, we can direct $3.6 of Staff; we are now supporting, which drains billion on an annual basis into weapons that Gen. JOSEPH W. RALSTON, resources that are needed for mod- give our troops a life-saving edge, into train- USAF, ernization, for readiness, for morale, ing that keeps our forces the finest in the Vice Chairman, Joint world, and into the quality of life of military Chiefs of Staff; for training. families. Gen. DENNIS J. REIMER, We cannot justify maintaining excess I well appreciate both the difficult decision USA, infrastructure that we do not need and, you and your colleagues now face, as well as Chief of Staff, U.S. at the same time, say we have needs the legitimate concerns of bases and commu- Army;

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5798 CONGRESSIONAL RECORD — SENATE May 24, 1999 Adm. JAY L. JOHNSON, effort to significantly tighten security I yield the floor. USN, at the Laboratories. Mr. WARNER addressed the Chair. Chief of Naval Oper- We have in that Presidential decision The PRESIDING OFFICER. The Sen- ations; directive, which is called PDD–61, a ator from Virginia. Gen. MICHAEL E. RYAN, strong effort by this administration to USAF, Mr. WARNER. I thank my colleague. Chief of Staff, U.S. Air tighten that security. What we do in I think his statement reflects the part- Force; this bill is to build on that effort, and nership in which we have worked and Gen. CHARLES C. KRULAK, we do so in a way which does not un- will continue to work. USMC, dermine the ability of the Department We do urge Members to bring their Commandant of the of Energy to perform its vital national amendments to the floor. Currently, we Marine Corps. security function. have the following—I share with my I commend our chairman for his lead- colleague, and I think he is aware of Hon. CARL LEVIN, ership in this effort. It is important this: Senator ROBERTS has an amend- Armed Services Committee, U.S. Senate, Wash- that we do strengthen the security at ment, Senator SPECTER has an amend- ington, DC. the Department of Energy. It is impor- DEAR SENATOR LEVIN: This letter expresses ment, and Senator ROTH has an amend- tant that we take the effort which fi- our unqualified support for legislative au- ment, the subject matter I am sure the nally was made when this administra- thority this year to conduct future rounds of Senator is familiar with. tion signed a Presidential decision di- Base Realignment and Closure (BRAC). It is the desire of the majority lead- Each of our services needs to reshape our rective, and the President did so, but base infrastructure to meet new mission re- that we build additional safeguards er, and I presume with the concurrence quirements. As a practical matter, BRAC is which need to be in law. of the minority leader, that votes on the only tool we have available to divest our- Here is what we have done. We have these amendments will occur not be- selves of unneeded infrastructure, consoli- written much of that Presidential deci- fore 5:30, but as soon thereafter as we date missions and free funds to improve pri- sion directive into law. We have estab- can package them and have them se- ority programs on the scale that we know is lished an outside Commission on Safe- quentially. So that is for the informa- required. These priority programs are the tion of all Senators. readiness, modernization and quality of life guards, Security and Counterintel- programs that support our people. Prudent ligence at the Department of Energy I now yield the floor. management of our infrastructure requires facilities. We have required a certifi- I see our distinguished former chair- us to stop spending critical funds on the esti- cation of the security aspects of the man, the senior Senator from South mated 23 percent excess base capacity we no lab-to-lab and foreign visitors pro- Carolina. longer need, so that we can focus our invest- grams from the Secretary of Energy, Mr. THURMOND addressed the Chair. ments on those bases that support our 21st the Director of the CIA, and the Direc- Mr. LEVIN. Will the Senator yield century missions. We must refocus to pro- for one moment? vide an efficient warfighting structure and tor of the FBI. to provide the quality of life that is essential The bill reported by our committee Mr. WARNER. Yes. to retention and recruitment. includes many other important provi- Mr. LEVIN. Will the Senator yield The benefits of BRAC are real, significant sions which will contribute to the na- for one moment? and long lasting. The estimated net savings tional security and the effective man- Mr. THURMOND. Certainly. through 2003, over $25 billion, have already agement of the Department of Defense. Mr. LEVIN. I thank you. allowed us to better fund priority programs. Some of these provisions are: a provi- I want to withhold comment on what The annual recurring savings of almost $6 sion establishing a single account for billion, which the Congressional Budget Of- the chairman just said in terms of se- all Department of Defense funds to quencing votes, because we are check- fice considers reasonable, will allow us to combat terrorism, both at home and further improve these programs well into the ing with some Senators on this side future. Additionally, we estimate two future abroad; a series of provisions to im- who may wish to debate one or more of BRAC rounds could provide almost $20 bil- prove the effectiveness and efficiency those amendments to which the Sen- lion in savings through the implementation of health care provided to service men ator has referred. We have not seen period and over $3.6 billion thereafter in an- and women under the TriCare Pro- final language on any of them, I do not nual recurring savings. gram; a provision promoting reform of believe, so I want to at least alert the We remain fully committed to assisting Department of Defense financial man- communities recover economically from chairman I would not want my silence agement systems; a series of provisions to indicate concurrence in what he in- BRAC actions. Right now we are concen- promoting more effective management trating on initiatives to accelerate property dicated and said until we have had a transfer to further enhance economic rede- of defense laboratories and test and chance to review that. There is the pos- velopment. evaluation facilities; a provision ex- sibility we would want to withhold We ask that you support legislation for fu- tending the Department’s mentor-pro- votes on those until tomorrow, for in- ture BRAC rounds so we can continue readi- tege program for small disadvantaged stance, but we need to see the language ness, modernization and quality of life im- businesses. on those amendments. provements well into the 21st century. I conclude by, again, thanking our Mr. WARNER. Mr. President, we will new chairman, Senator WARNER, for RICHARD DANZIG, provide our distinguished colleague Secretary of the Navy; the manner in which he and his staff with those amendments. I believe at F. WHITTEN PETERS, have handled this bill. He has main- the desk now is the Specter-Landrieu Acting Secretary of the tained a great tradition of this com- Air Force; mittee, working with all members to amendment. So one is before the Sen- LOUIS CALDERA, make sure that all voices are heard in ate. I am now working with Senator Secretary of the Army. the effort which will always be needed ROBERTS on a revision of his. I presume Mr. LEVIN. Mr. President, as our to protect the Nation’s security. that the Roth amendment is pretty chairman indicated, the committee I know there is going to be vigorous well in final form. I hope someone can spent a great deal of time addressing debate on some provisions of this bill. inform the Senator from Virginia as security concerns at the Department of We hope that Senators will, indeed, quickly as possible as to the text of the Energy. The revelations of Chinese es- come to the floor and offer their amendment. pionage directed at the DOE nuclear amendments so that we can complete I yield the floor. weapons program underscore 20 years Senate action on the bill in a timely Mr. THURMOND addressed the Chair. of failure by the FBI and the Depart- manner and go to conference. The PRESIDING OFFICER. The Sen- ment of Energy, over the course of But whatever the outcome of the de- ator from South Carolina. three administrations, to take ade- bate on specific amendments or the ve- Mr. THURMOND. Senator WARNER quate steps to address security prob- hemence of that debate, I think I can and Senator LEVIN and my colleagues, lems in the Laboratories. say unequivocally that our chairman, as the Senate begins consideration of This problem has been ongoing for 20 following in the footsteps of Senator the national defense authorization bill years, through three administrations, THURMOND, has done so with tremen- for fiscal year 2000, I join my col- and we have not seen, until a Presi- dous strength and has, in doing so, en- leagues on the Armed Services Com- dential decision directive last year, an hanced the security of this Nation. mittee in congratulating Chairman

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5799 WARNER and the ranking member, Sen- research and development by more Mr. WARNER. Mr. President, we ator LEVIN, on their leadership in pre- than $200 million. Despite these signifi- thank our distinguished former chair- paring a strong, bipartisan defense bill. cant funding increases, I must empha- man for that powerful statement. His As the former chairman of the Armed size that they are but a first step to- firm hand and leadership are very Services Committee, I am well aware ward reversing the readiness trends. much a part of the everyday activities of the challenges and demands they We cannot be satisfied with these in- of the Senate Armed Services Com- faced in the preparation of the bill and creases and ensure continued robust mittee. I can think of no Member of believe they acheived all the objectives funding increases for these programs in this body who has served in uniform the committee established at the start future bills. longer than our distinguished col- of the year. Since the fall of the Berlin Wall our league, who entered, in my recollec- At the Armed Services Committee Nation has faced ever changing tion, through the Army Reserve. I was hearing on September 29, 1999, General threats. Among these are the spread of there at a ceremony. Shelton, the Chairman of the Joint nuclear and weapons of mass destruc- What was the year that you entered Chiefs of Staff, stated: tion, international terrorism, and the the Army Reserve, Senator? Anyway, It is the quality of the men and women ever increasing sophistication of weap- way back—— who serve that sets the U.S. military apart ons in the hands of countries through- Mr. THURMOND. What was the ques- from all potential adversaries. These tal- out the world. The bill provides the tion? ented people are the ones who won the Cold funding for the Department of Defense Mr. WARNER. What was the year War and ensured our victory in Operation you entered the Army Reserve? I re- Desert Storm. These dedicated professionals and the Department of Energy to en- make it possible for the United States to ac- sure that the Nation’s military forces, member I was there when we recog- complish the many missions we are called on both active and reserve, are prepared nized—— to perform around the world every single to counter these threats as we enter Mr. THURMOND. I finished college in day. the new millennium. 1923 and became 21 years of age in De- The national defense authorization As with all legislation, there are pro- cember of that year. bill for fiscal year 2000 ensures that our visions in this bill that I did not sup- Mr. WARNER. Isn’t that interesting. Armed Forces can continue to carry port during the markup that I hope I remember when we gathered on the out their global responsibilities by fo- will be amended. Specifically, I am op- steps of the west front of the Capitol to cusing on readiness, future national se- posed to the provision that would limit recognize the Senator for his service. curity threats, and quality of life. I am the ability of the Federal Prison Indus- He fully understands the commitments especially pleased with the focus on the tries to sell products to the Depart- made by men and women in the Armed quality of life issues. Our military per- ment of Defense and the provision in Forces through several generations. sonnel and their families are expected Title C of the bill regarding Tritium That historical knowledge has been to make great sacrifices and they de- production. In my judgement, the brought to bear many times on the de- serve adequate compensation. There- Armed Services Committee is overstep- cisionmaking responsibilities of the fore, I strongly support the 4.8 percent ping its jurisdiction by legislating on Senate Armed Services Committee. pay raise, the changes in the retire- the Federal Prison Industries, which is Mr. THURMOND. Thank you very ment system, and the authority for under the purview of the Judiciary much. military personnel to participate in the Committee. Regarding Tritium produc- Mr. WARNER. Mr. President, seeing Thrift Savings Plan. These are critical tion, I am concerned that the provision no other Senator at the moment seek- provisions, which when coupled with has been weakened to the point where ing recognition, I suggest the absence the additional family housing and bar- the reliability and viability of our Na- of a quorum. racks construction, will result in a tion’s nuclear weapon’s stockpile may The PRESIDING OFFICER. The well-earned improvement in the stand- be at risk. Unless we have strong lan- clerk will call the roll. ard of living for all of our military per- guage to support the Secretary of En- The assistant legislative clerk pro- sonnel. ergy’s decision to complete design for ceeded to call the roll. During the past several years many the Advanced Tritium Production Mr. WARNER. Mr. President, I ask Senators have raised the specter of the source there is a strong possibility that unanimous consent that the order for declining readiness of our Armed those who oppose a reliable and effec- the quorum call be rescinded. Forces. The administration had contin- tive nuclear stockpile will delay trit- The PRESIDING OFFICER. Without ually denied this assertion until last ium production beyond the time we objection, it is so ordered. fall, when each of the Service Chiefs— need tritium. PRIVILEGE OF THE FLOOR I repeat, each of the Service Chiefs— I have previously congratulated the Mr. WARNER. Mr. President, I ask acknowledged that readiness was in chairman and ranking member for unanimous consent that Bill Adkins, a fact a serious problem within our their work on this bill. Before closing, legislative fellow of Senator ABRA- Armed Forces. I want to congratulate each of the sub- HAM’s staff, be granted floor privileges General Reimer, the Army Chief of committee chairmen: Senator SMITH, during the consideration of S. 1059. Staff stated: ‘‘Your Army is under- Senator INHOFE, Senator SNOWE, Sen- The PRESIDING OFFICER. Without funded today to adequately meet all ator SANTORUM, Senator ROBERTS, and objection, it is so ordered. the competing demands.’’ Senator ALLARD, and the ranking Mr. ROBERTS addressed the Chair. The Chief of Naval Operations, Admi- members for their contribution to this The PRESIDING OFFICER. The Sen- ral Johnson, stated: ‘‘I am deeply con- bill. Their leadership and work pro- ator from Kansas is recognized. cerned that we are at the beginning of vided the foundation for this legisla- AMENDMENT NO. 377 a free-fall in terms of readiness.’’ tion. Finally, I believe it is important (Purpose: To express the sense of the Senate And General Krulak, the Com- that we recognize Les Brownlee and regarding the legal effect of the new Stra- mandant of the Marine Corps, put it in David Lyles for their leadership of a tegic Concept of NATO) these words: ‘‘We are ready today, but very professional and bipartisan staff. I Mr. ROBERTS. Mr. President, I send in order to maintain readiness and the desire to thank Col. George Lauffer for an amendment to the desk and ask for current budgetary shortfall and those his fine work. its immediate consideration. of previous years, we are effectively This national defense authorization The PRESIDING OFFICER. The mortgaging the readiness of tomor- bill is a strong and sound bill. I intend clerk will report. row’s Marine Corps.’’ to support it and urge my colleagues to The assistant legislative clerk read The defense bill before us is a signifi- join me in showing our strong support as follows: cant step toward correcting the readi- for the bill and our men and women in The Senator from Kansas [Mr. ROBERTS], ness issues identified by our Service uniform. for himself, proposes an amendment num- Chiefs. It increases primary readiness Thank you, Mr. President. I yield the bered 377. accounts by more than $1.2 billion; it floor. Mr. ROBERTS. Mr. President, I ask increases the procurement budget by The PRESIDING OFFICER. The Sen- unanimous consent that reading of the more that $855 million and increases ator from Virginia. amendment be dispensed with.

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5800 CONGRESSIONAL RECORD — SENATE May 24, 1999 The PRESIDING OFFICER. Without guished chairman, the Senator from member of the Emerging Threats Sub- objection, it is so ordered. Virginia, for his leadership in forging a committee, and what we think we have The amendment is as follows: defense bill during a time of great, been able to achieve. In title X, at the end of subtitle D, add the great challenge. Mr. President, I rise with the support following: During a time when our military is of the chairman of the committee, as SEC. 1061. SENSE OF SENATE REGARDING LEGAL stressed, strained, and some of us be- well as my colleague from Georgia, EFFECT OF THE NEW STRATEGIC lieve hollow, our Nation needs those Senator CLELAND, to offer an amend- CONCEPT OF NATO. who will take a stand—a stand, if you ment to this bill, S. 1059. It is my hope (a) SENSE OF SENATE.—It is the sense of the will—to really try to fulfill the first that this amendment will reaffirm the Senate that— (1) not later than 30 days after the date of obligation of our Federal Government, Senate’s important responsibility of ei- enactment of this Act, the President should and that is to safeguard our national ther rejecting or consenting to funda- determine and certify to the Senate whether security. mental changes in the letter and spirit or not the new Strategic Concept of NATO Our new chairman of the Senate of existing treaties—in particular, imposes any new commitment or obligation Armed Services Committee, in the tra- when those changes actually broaden on the United States; and dition of Senator THURMOND, has been the nature of U.S. military missions, (2) if the President certifies under para- the right man at the right time for the responsibilities, and obligations over- graph (1) that the new Strategic Concept of right job. He has, without question, re- seas. NATO imposes any new commitment or obli- affirmed the standing of the influence I ask my colleagues’ support for a gation on the United States, the President should submit the new Strategic Concept of of the committee. He has actually simple sense-of-the-Senate resolution NATO to the Senate as a treaty for the Sen- given the committee—in this case, the that calls for complete transparency on ate’s advice and consent to ratification creation of a new Emerging Threats the part of the President and Senate under Article II, Section 2, Clause 2 of the and Capabilities Subcommittee—a consideration in regard to the de facto Constitution of the United States. chance to take a look at really what editing of the original North Atlantic (b) DEFINITION.—For the purposes of this our Nation faces in terms of our na- Treaty. section, the term ‘‘new Strategic Concept of tional security threat in the post-cold- My sense-of-the-Senate simply asks NATO’’ means the document approved by the war period. I want to thank him pub- the President to certify whether the Heads of State and Government partici- new strategic concept of NATO, this pating in the meeting of the North Atlantic licly for discussing with me the possi- Council in Washington, D.C., on April 23 and bility of being the chairman of that formalization of new and complicated 24, 1999. committee and for that appointment. United States military responsibilities (c) EFFECTIVE DATE.—This section shall I think the thing I want to mention in Europe, as evidenced by the war in take effect on the day after the date of en- the most in regard to the chairman’s Kosovo and the possibility of future actment of this Act. leadership and also that of Senator Kosovos around the world, is in fact a Mr. ROBERTS. Mr. President, I yield LEVIN is the pay raise and retirement document that obligates the United the floor. reform contained in this bill. After States in any way, shape, or form. If Mr. WARNER addressed the Chair. hearing from the Joint Chiefs and so, my sense-of-the-Senate affirms that The PRESIDING OFFICER. The Sen- knowing that we have a crisis in regard this body be given the opportunity to ator from Virginia is recognized. to retention of our men and women in debate, accept, or reject the new blue- AMENDMENT NO. 378 TO AMENDMENT NO. 377 uniform, the chairman, actually during print for future NATO actions. These Mr. WARNER. Mr. President, I send the impeachment process, sat us down future actions will undoubtedly include an amendment to the desk and ask for to work and really hit the ground run- substantial components of our own its immediate consideration. ning. Armed Forces engaged completely out- The PRESIDING OFFICER. The Despite the criticism of those who side the province of the original treaty. clerk will report. wanted a much larger bill, a more com- We see this today in regard to the on- The assistant legislative clerk read prehensive bill, to address all of the going operations in Bosnia, Albania, as follows: problems that we face in the military— Macedonia, and over the Federal Re- and, by the way, I mention that these The Senator from Virginia [Mr. WARNER], public of Yugoslavia. These deploy- for himself, proposes an amendment num- challenges include the quality of life ments are dominated by U.S. forces, os- bered 378 to Amendment No. 377. issues, the health care issues, the issue tensibly because of our responsibilities Mr. WARNER. Mr. President, I ask of the operations tempo, the issue of as a NATO member. unanimous consent that reading of the the personnel tempo, and then that of During the cold war, the Congress amendment be dispensed with. mission quality. There are those who and the American people believed the The PRESIDING OFFICER. Without said, we are not quite sure that this original Nato Treaty was in our vital objection, it is so ordered. pay raise or this retirement reform will national security interest. I am not so The amendment is as follows: really address the retention problem. sure we know now whether these new There are others who said they wanted NATO missions meet that important (c) REPORT.—Together with the certifi- cation under subsection (a)(1), the President to study it further. I suggest to them criteria for the possibility of spilling should submit to the Senate a report con- that if we studied it actually further, American blood and treasure. There taining an analysis of the potential threats we would be in such a problem with re- has been a transformation Mr. Presi- facing NATO in the first decade of the next tention we would be past the marrow of dent, and, while yes the world has millennium, with particular reference to the bone. transformed since 1949, Congress still those threats facing a member nation or sev- JOHN WARNER really took the issue needs to be given the opportunity to eral member nations where the commitment by the horns and provided the leader- formally consider and endorse what of NATO forces will be ‘‘out of area’’, or be- ship. We are sending a message to we’re signing up for and committing to yond the borders of NATO member nations. every man and woman in uniform, say- do in Europe and elsewhere around the Mr. WARNER. Mr. President, I yield ing that we care. And we took action, world. Given this situation, I believe it the floor. as I said before, despite the impeach- is imperative the Senate ask the Presi- Mr. ROBERTS addressed the Chair. ment proceedings and despite a very, dent to formally certify whether the The PRESIDING OFFICER (Mr. BUN- very busy schedule here in this Con- new Strategic Concept, which was NING). The Senator from Kansas is rec- gress. adopted during the 50-year anniversary ognized. So thank you to JOHN WARNER and here in Washington about a month ago, AMENDMENT NO. 377 also to Senator LEVIN, whose expertise represents commitments by the United Mr. ROBERTS. Mr. President, before in regard to his oversight and his pol- States, and, if so, submit the document I make remarks on behalf of the icy actually keeps the committee with for formal congressional scrutiny. amendment, which pretty well dove- very strong leadership. It is a privilege Let’s be honest with the American tails the second-degree amendment in- to serve with both Senators. I will people, Mr. President. If the new Stra- troduced by the distinguished chair- make a statement at a later time in re- tegic Concept of 1999 is the particular man of the committee, I would like to gard to the efforts by Senator BINGA- direction we’re headed in regards to pay a deserved tribute to our distin- MAN, who is the distinguished ranking Europe, let’s give this body and the

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5801 American people a chance to formally an intellectual exercise, mere musings quent legislation by the Congress; past agree or disagree. If only for budgeting as to future security challenges in the U.S. practices as to similar agreements reasons, let’s understand what we are North Atlantic region. I disagree. My and the preference of Congress as to a committing to do so we can plan and colleagues, do not let the title fool you! particular type of agreement. budget for it. The 65-point document states its intent In mentioning these criteria, I must In this discussion, we must not lose is to be a ‘‘guide that expresses NATO’s note that last year Senators CLELAND, sight of the fact that NATO is a mili- enduring purpose and nature and its SNOWE, and I attempted to clarify ad- tary alliance and the new Strategic fundamental security tasks, identifies ministration policy in the use of mili- Concept of 1999 is its guide for the 21st the central features of the new security tary force by attaching several con- century. This is a very important docu- environment, specifies the elements of sulting requirements to fiscal year 1999 ment the nineteen nations of NATO the Alliance’s broad approach to secu- defense spending legislation. have drafted and I encourage every rity, and provides guidelines for the My question is: In order to determine Senator to examine it closely, com- further adaptation of its military what the strategic plan is, what our ob- paring it with the original North At- forces.’’ That is a direct quote. ligations are, what we are doing in lantic Treaty. I believe Senators will For a Congress constitutionally re- Kosovo and other areas of the world, find that the new Strategic Concept of quired to provide funding for and over- does that have to be done each year? 1999 document is completely incon- sight to the Departments of State and Let’s get the Senate involved at the sistent with the spirit of the original Defense, those are specific purposes outset. It is the Strategic Concept that treaty in critical areas. That means and very clear intentions. is at the genesis of this kind of policy. the treaty has been changed, albeit I am sure some opponents will also The first State Department consider- rather quietly, during the 50-year anni- argue that regardless of the specificity ation is the most significant for pur- versary celebration, and the United of the new Strategic Concept, it is not poses of our discussion. I genuinely be- States has formally committed to a a formal treaty and therefore should lieve that the new Strategic Concept of new strategic direction in Europe. not be sent to the Senate. I really 1999 and its predecessor document, It’s time for the Senate to stop, take think that is putting the cart before without question, involved commit- notice of what is happening to NATO, the horse. First, let’s get our defini- ments and risks affecting the Nation as and go on record asserting its constitu- tions straight. The U.S. Department of a whole. In fact, I could not have put it tional role. State Circular 175, Procedures on Trea- more succinctly. That is one of the rea- Through the new Strategic Concept ties, defines a treaty as ‘‘an inter- sons our distinguished chairman, Sen- of 1999, President Clinton, along with national agreement regardless of title, ator WARNER, wrote to the administra- the member nations of NATO, has designation, or form whose entry into tion on this issue as the recent NATO quite possibly taken the commonsense force with respect to the United States summit, the 50-year anniversary, ap- notion of mutual consultation for self- takes place only after the Senate has proached. He knew the document’s re- defense purposes implicit in Article given its advice and consent.’’ vision was very imminent. He wanted Four of the original NATO Treaty and I will certainly concede that the new to have a debate here in the Congress altered substantially the very purpose Strategic Concept is not a treaty per before moving forward with the other of the NATO Alliance from one of col- se, that that is only because the Senate 19 nations. I commend our chairman lective self-defense of member terri- has not given nor had an opportunity for his knowledge, his foresight, and tory to international crisis manage- to give its advice and consent. If we his leadership on this issue. ment and humanitarian relief oper- formally adopted the logic that the As for the second State Department ations. As a matter of fact, I think the President should only send actual trea- consideration I mentioned, the new Strategic Concept is reflective for the ties to the Senate, the treaty clause of Concept of 1999 probably cannot be most part in reference to a speech the article II of the Constitution would be- given effect without the enactment of President gave over 2 years ago at The come irrelevant, contrary to the fram- subsequent legislation by the Con- Hague outlining what he thought the ers’ intent. gress—without, that is, huge defense Strategic Concept and the new goals of My point is that the decision of the appropriation and authorization acts NATO should be. President to submit an international that try to balance the readiness and Additionally, I believe the new Con- agreement to the Senate is largely a the modernization and quality-of-life cept document is not merely a tool for political decision. Nonetheless, when a requirements which this bill tries to justifying existing extraterritorial document tacitly commits the United address with numerous peacekeeping NATO deployments of American mili- States to a new strategic direction in enforcement missions. tary forces, but is a precedent toward Europe, it should contain the Senate’s Members on both sides of the aisle formalizing as U.S. policy the lazy stamp of approval. It does not have it. may also argue—in good faith, I might tendency of this Administration and Opponents of my amendment will add—that the Resolution of Ratifica- yes, others to rely increasingly on the further argue that the new Concept is tion for an expanded NATO which military services to solve social and not even an international agreement, passed this body last spring contained political problems in Europe and else- much less a potential treaty. I believe conditions for revising NATO’s Stra- where. Problems, I would say, Mr. any document that contains even tacit tegic Concept which effectively con- President, for which other instruments commitment by the United States and stitute a Senate endorsement of the of power are clearly better suited for other nations to engage in new types of new Strategic Concept of NATO. those tasks. NATO missions outside the domain of Again, I disagree. When we compare I want to assure my colleagues, Mr. the original treaty, as well as the com- the actual text of the new Concept and President, I have decided to submit my mitment to structure military forces the Resolution of Ratification adopted amendment as a Sense of the Senate accordingly, can be considered an only last year, not only do we see the because my objective is not to brazenly international agreement. complete abandonment of the original force the President to do something he, Incidentally, the U.S. Department of 1949 treaty, but it is also a document in his authority as Chief Executive to State Circular 175, Procedures on Trea- that has gone way beyond what the represent the nation in foreign affairs, ties, also sets forth eight consider- Senate actually intended. has decided not to do or would not do. ations available for determining Section 3 of the Resolution of Ratifi- However, I am trying to encourage the whether an agreement or an accord cation as passed by the Senate April 30 Administration to be clear with the should be submitted to the Senate for of last year contained the following Congress and the American people—in- ratification. Among them: The extent conditions for the new Strategic Con- deed to seek our consent and the to which the agreement involves com- cept. Let’s compare these with the public’s approval—in regards to this mitments or risks affecting the Nation Concept document. The Ratification national security policy divergence. as a whole—if that is not a description Resolution stated: I am sure opponents of my amend- of Kosovo, I do not know what it is— (1) The strategic concept of NATO: (A) Pol- ment will argue that the new Strategic whether the agreement can be given ef- icy of the United States toward the strategic Concept of 1999 is only that, a concept, fect without the enactment of subse- concept of NATO—the upcoming revision of

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5802 CONGRESSIONAL RECORD — SENATE May 24, 1999 that document will reflect the following strengthening their capacity for action, in- Crisis management: To stand ready, case- principles: cluding by increasing their military capa- by-case and by consensus, in conformity (i) First and foremost a military alliance: bilities. The increase of the responsibilities with Article 7 of the Washington Treaty, to NATO is first and foremost a military alli- and capacities of the European Allies with contribute to effective conflict prevention ance. NATO’s success in securing peace is respect to security and defense enhances the and to engage actively in crisis manage- predicated on its military strength and stra- security of the environment of the Alliance. ment, including crisis response operations. tegic unity. Now, Mr. President, the WEU will be I am glad to see that deterrence and (ii) Principal foundation for defense of se- using NATO military equipment paid defense is still there. But, again, this curity interests of NATO members: NATO emphasis on conflict prevention and serves as the principal foundation for collec- for by the taxpayers of the United tively defending the security interests of its States. That may be proper, that may crisis management is extremely dis- members against external threats. be a role for NATO, but I think we need concerting and not consistent with the Resolution of Ratification that was However, Senators, I urge you to to review that proposal. passed in the Senate as of last year. read this—this document is on your The Resolution of Ratification of last year does continue: The Resolution of Ratification con- desks—in the Strategic Concept adopt- tinues—we are talking about section 7: ed at the 50th anniversary celebration (v) Common threats: NATO members will (vii) Capacity to respond to common in Washington last month: face common threats to their security in the post-Cold War environment including— threats: NATO’s continued success requires a Strategic Concept point #24: Any armed at- (I) the potential for the re-emergence of a credible military capability to deter and re- tack on the territory of the Allies, from hegemonic power confronting Europe; spond to common threats. Building on its whatever direction, would be covered by Ar- (II) rogue states and non-state actors pos- core capabilities for collective self-defense of ticles 5 and 6 of the Washington Treaty. sessing nuclear, biological, or chemical its members, NATO will ensure that its mili- However, Alliance security must also take weapons and the means to deliver these tary force structure, defense planning, com- account of the global context [emphasize the weapons by ballistic or cruise missiles, or mand structures, and force goals promote word ‘‘global’’]. Alliance security interests other unconventional delivery means; NATO’s capacity to project power when the can be affected by other risks of a wider na- (III) threats after wider nature, including security of a NATO member is threatened, ture, including acts of terrorism, sabotage, the disruption of the flow of vital resources, and provide a basis for ad hoc coalitions of organized crime, and by the disruption of the and other possible transnational threats; and willing partners among NATO members. This flow of vital resources. The uncontrolled (IV), conflict in the North Atlantic area will require that NATO members possess na- movement of large numbers of people, par- stemming from ethnic and religious enmity, tional military capabilities to rapidly deploy ticularly as a consequence of armed con- the revival of historic disputes, and the ac- forces over long distances, sustain oper- flicts, can also pose problems for security tions of undemocratic leaders. ations for extended periods of time, and oper- and stability affecting the Alliance. Ar- ate jointly with the United States in high in- rangements exist within the Alliance for All that was contained in the lan- tensity conflicts. guage when we ratified the expansion consultation among the Allies under Article However, 1 year later, in the Stra- in regard to that treaty last year, 1 4 of the Washington Treaty and, where ap- tegic Concept point No. 49: propriate, co-ordination of their efforts in- year later. In contributing to the management of cri- cluding their responses to risks of this kind. Strategic Concept point #20: The security ses through military operations, the Alli- I must point out, that last phrase is of the Alliance remains subject to a wide va- ance’s forces will have to deal with a com- completely original. There is nothing riety of military and non-military risks plex and diverse range of actors, risks, situa- in article 4 of the original NATO treaty which are multi-directional and often [very] tions and demands, including humanitarian even remotely similar to the term ‘‘the difficult to predict. These risks include so- emergencies. Some non-Article 5 crisis re- cial and political difficulties, ethnic and reli- coordination of their efforts including sponse operations may be as demanding as gious rivalries, territorial disputes, inad- some collective defense missions. Well- their responses to risks of this kind.’’ equate or failed efforts at reform, the abuse trained and well-equipped forces at adequate It is just not there. I cannot imagine of human rights, and the dissolution of levels of readiness and in sufficient strength more substantive change to the NATO states can lead to local and even regional in- to meet the full range of contingencies as treaty than adding a collective re- stability. The resulting tensions could lead well as the appropriate support structures, sponse obligation for the United States to [the] crises affecting [the] Euro-Atlantic planning tools and command and control ca- to respond to terrorism and other stability, to human suffering, and to armed pabilities are essential in providing efficient asymmetrical threats not only in Eu- conflicts. military contributions. rope but all around the globe. Nonmilitary risks, Mr. President? In- I do not know how this Nation is to The Resolution of Ratification con- adequate or failed efforts at reform? fund, structure, and train U.S. military tinues—again, that was the expansion What are we talking about? I do not re- forces to manage parochial crises in treaty that was passed as of last year: call those phrases in the Resolution of Europe, no matter how small, through (iii) Promotion and protection of United Ratification. Why would a military al- military operations. Nor do I think States vital national security interests: liance such as NATO care about a non- that is the best use of our forces, if you Strong United States leadership of NATO ac- military risk? What is a nonmilitary consider already we must meet the two tually promotes and protects United States risk anyway? major regional conflict response vital national security interests. The Resolution of Ratification con- thresholds within serious budget con- (iv) United States leadership role: [Now, tinues, as of last year: straints. this is in last year’s language in regard to (vi) Core mission of NATO: Defense plan- Again, I do not see this use of mili- the ratification of the expansion.] The ning will affirm a commitment by NATO United States maintains its leadership role tary forces endorsed in the Resolution members to a credible capability for collec- in NATO through the stationing of United of Ratification that the Senate passed tive self-defense, which remains the core States combat forces in Europe, providing last year. The Resolution of Ratifica- mission of NATO. All NATO members will military commanders for key NATO com- tion does continue: contribute to this core mission. mands, and through the presence of United The fundamental importance of collective States nuclear forces on the territory of Eu- No argument there. That is the his- defense: rope. torical purpose of NATO and that is This was last year. However, 1 year later in the Stra- collective security. The Senate declares that— tegic Concept, point No. 18 —and I urge One year later, with the Strategic (i) in order for NATO to serve the security Senators to pay attention to it: Concept, while they were popping interests of the United States, the core pur- As stated in the 1994 Summit declaration champaign corks in regard to NATO pose of NATO must continue to be the collec- and reaffirmed in Berlin in 1996, the Alliance being 50 years old: tive defense of the territory of all NATO fully supports the development of the Euro- Strategic Concept point #10: To achieve its members; and (ii) NATO may also, pursuant to Article 4 pean Security and Defense Identity (ESDI) essential purpose, as an Alliance of nations of the North Atlantic Treaty, on a case-by- within the Alliance by making available its committed to the Washington Treaty and case basis, engage in other missions where assets and capabilities for Western European the United Nations Charter, the Alliance there is a consensus among its members that Union (WEU)-led operations. To this end, the performs the following fundamental security there is a threat to the security and inter- Alliance and WEI have developed a close re- tasks: ests of NATO members. lationship and put into place key elements of Deterrence and defense: To deter and de- the ESDI as agreed in Berlin. In order to en- fend against any threat of aggression against However, once again, in the Strategic hance peace and stability in Europe and any NATO member state as provided for in Concept, 1 year later, at the celebra- more widely, the European Allies are Articles 5 and 6 of the Washington Treaty. tion, the 50-year celebration, No. 48:

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5803 The maintenance of the security and sta- becoming more and more dependent on on the Strategic Concept should not be bility of the Euro-Atlantic area is of key im- modern technology. The weapons being taken—risked—against the uncertainties portance. An important aim of the Alliance employed in this air-only campaign are emanating from the Kosovo situation. The and its forces is to keep risks at a distance guided missiles, again predominantly United States and our allies will have many by dealing with potential crises at an early lessons learned to assess as a pivotal part of age. In the event of crises which jeopardize provided by the United States. the future Strategic Concept. Bosnia and Euro-Atlantic stability and could affect the The other nations of NATO, for what- Kosovo have been NATO’s first forays into security of Alliance members, the Alliance’s ever reasons, simply have not equipped aggressive military operations. As of this military forces may be called upon to con- themselves or trained their personnel writing—— duct crisis response operations. They may in sufficient numbers to conduct an op- That is April 7— also be called upon to contribute to the pres- eration of this magnitude. That is not ervation of international peace and security in any way to detract from their cour- the Kosovo situation is having a desta- bilizing effect on the few gains made to date by conducting operations in support of other age in flying their missions, and ap- international organizations, complementing in Bosnia. This combined situation must be and reinforcing political actions within a proximately eight other nations are carefully assessed and evaluated before the broad approach to security. joining in this air operation. Whether United States and our allies sign on to a new What do we mean by this—‘‘keep they are single aircraft, or two aircraft Strategic Concept for the next decade of NATO. risks at a distance by dealing with po- or one mission a day—whatever it is— tential crises at an early stage’’? Isn’t they are an integral part. I salute Unfortunately, the President dis- that the job of diplomacy? Anyway, the them, and I respect them, but statis- agreed with my assessment, and on list of inconsistencies between the Res- tically, it is the taxpayers of the April 24, NATO went on to finalize a olution of Ratification and the new United States and it is the young men new Strategic Concept, and that docu- Strategic Concept of 1999 goes on and and women wearing the uniform of the ment has been discussed in length by on and on. United States who are carrying the my colleague. I have taken a great deal of time of brunt of this operation. The main difference in the security the Senate and my colleagues to be The Senator brings to the attention tasks identified in the 1991—Mr. Presi- specific about this. Even if they were of the Senate that at this 50th anniver- dent, about every decade, NATO seems more consistent, it does not change the sary summit conference, this docu- to get down to revising its future mis- fact that the Strategic Concept of 1999 ment, to which he has referred several sions, and the 1991 document was clear- fundamentally alters the nature and times, was adopted. In any reading of ly out of date. It still referred to the the domain of the original treaty that this document by this Senator, and I threat from the Soviet Union. So time this Senate ratified just a year ago. think any other Senator, it will clearly had come, of course, to revise it. All I So, in closing, I think my bipartisan show that it is the intention of the said is let’s just wait a reasonable pe- amendment, warrants support because summit to push beyond the horizon of riod of time and assess the lessons it is time to go on record that the Sen- the original NATO of 1949, to push be- learned and let the American people ate insists that changes to the original yond the horizon of the 1991 Strategic give direction to the President and give scope and purpose of the alliance go Concept the potential missions of this direction to the Congress if, in fact, through proper channels, specifically historic organization. they want to be part of a military alli- article II, section 2, clause 2 of the U.S. It is the absolute fundamental right ance where certainly in this operation Constitution. of the Senate, under the treaty clause well over half of it is being conducted I yield the floor. of the Constitution, to review in detail, by their own sons and daughters, and The PRESIDING OFFICER. The Sen- and I say carefully, what is proposed— the price to be paid is still unknown. It ator from Virginia. I repeat, proposed—by the 50th anni- will be heavy and it will be paid by the Mr. WARNER. Mr. President, this versary summit. American taxpayers. The Senate Armed Services Com- amendment, which the Senator and I I recently had a very distinguished mittee will conduct a series of hearings refer to as the Roberts-Warner amend- former Secretary of Defense write and once the hostilities and the risk of ment, is one which obviously I strongly tell me: Assess the costs being borne by NATO forces is in one way or another— support. the United States and the other NATO I hesitate to use the word ‘‘termi- I first ask unanimous consent that nations and that will be, I say to my nated’’ because I am not certain if that correspondence the Senator from Vir- former friend, the Secretary of Defense word is applicable to this situation ginia had with the President of the many years ago, that will be a central which in itself is so filled with uncer- United States be printed in the RECORD focal point of the hearings by this com- tainty, but whenever the hostilities are at the conclusion of my remarks. mittee in the future. The PRESIDING OFFICER. Without contained to the point where the But those costs are going to be enor- objection, it is so ordered. Armed Services Committee can begin (See Exhibit 1.) to look at what went right and what mous to the American taxpayers. We Mr. WARNER. I commend the Sen- went wrong in the conduct of the mili- first have the risk to the men and ator. We have been working on parallel tary operations and, most particu- women of our country, the dispropor- tracks on this issue for some months larly—most particularly—this con- tionate contribution by our military now. I cannot think of a more impor- sensus by the 19-nation doctrine by assets, and the costs that will be allo- tant amendment that will be added to which this operation has been, is, and cated to the American taxpayer. this bill than the one of which my dis- will be conducted for an indefinite pe- Back to my letter to the President. I tinguished colleague from Kansas is riod of time. said that we can wait another 2 or 3 the principal sponsor. At this very mo- I first became concerned about this months. We have waited since 1991. ment, well over half of the tactical air- new doctrine early this spring. I wrote Why do we have to rush into another craft are being operated by U.S. air to the President on April 7 urging him one? But the President, in his letter, men and women; well over 70 percent of not to allow the summit to ‘‘finalize’’— declined to do it. the support aircraft, the tankers, the that is the word I used—or write in The main difference in the security intelligence aircraft and all of those, stone, I said at that time, a new Stra- tasks identified in the 1991 Strategic the spotters and the like, are being op- tegic Concept. Why not just wait until Concept and the document adopted this erated by U.S. airpersons. the Kosovo operation gets to that point April is the addition of a ‘‘crisis man- It is the Strategic Airlift Command where hopefully hostilities have sub- agement’’ task, and an emphasis on which is heroically—together with the sided and you sit down and study that non-article 5 crisis operations. Non-ar- Air Guard, I add, which, of course, is operation, and from that study you ticle 5 operations were not even men- part of that command—carrying out would be better able to devise what tioned in the 1991 Strategic Concept. the vast preponderance of the missions NATO should do in the future regard- I say to my colleague from Kansas, associated with airlift in this operation ing comparable operations. they were not even mentioned, but in Kosovo. I said: they are written throughout this new If there is one thing this operation The intent of this letter is to give you my one which was promulgated this April. tells us, it is that future conflicts are personal view that a final decision by NATO I will read one paragraph:

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5804 CONGRESSIONAL RECORD — SENATE May 24, 1999 The security of all allies is indivisible. An spoke in the Senate on the essential need for With kind regards, I am attack on one is an attack on all. With re- a stabilizing military force in Kosovo to Respectfully, spect to collective defense under article 5 of allow the various international humani- JOHN WARNER, the Washington Treaty— tarian organizations to assist the people of Chairman. Of course, that is the 1949 treaty— Kosovo—many then refugees in their own land, forced into the hills and mountains by THE WHITE HOUSE, the combined military forces of the alliance brutal Serb attacks. Since then, I have con- Washington, DC, April 14, 1999. must be capable of deterring any potential sistently been supportive of NATO military Hon. JOHN W. WARNER, aggression against it, of stopping an aggres- action against Milosevic. Chairman, Committee on Armed Services, U.S. sor’s advance as far forward as possible Unfortunately, it is now likely that the Senate, Washington, DC. should an attack nevertheless occur and as- NATO Summit will take place against the DEAR MR. CHAIRMAN: Thank you for your suring the political independence and terri- background of continuing, unfolding events thoughtful letter on the upcoming NATO torial integrity of its member states. relating to Kosovo. At this time, no pre- summit and the revised Strategic Concept. I Here is the key sentence: dictions can be made as to a resolution. appreciate your attention to these important issues, and I agree strongly with your view They must also be prepared to contribute We are just beginning to learn important that NATO’s continued vitality is essential to conflict prevention and to conduct a non- lessons from the Kosovo conflict. Each day is to a safeguarding American and European se- article 5 crisis response operation. a new chapter. For example, NATO planners and many in the Administration, and in Con- curity. That means going beyond the terri- gress, have long been aware of the disparities I have thought carefully about your pro- torial boundary of the 19 nations. in military capabilities and equipment be- posal to delay agreement on the revised Strategic Concept in light of NATO’s mili- The vote of the American people tween the United States and our allies. Now, tary operations in Kosovo. While I share through its elected Members of the the military operation against Yugoslavia your deep concern about the situation in Senate is absolutely essential before has made the American people equally aware Kosovo and the devastating effects of Serb and concerned about these disparities. The we sign on to such a mission. I com- atrocities, I am convinced that the right U.S. has been providing the greatest propor- mend my colleague for bringing that to course is to proceed with a revised Strategic tion of attack aircraft capable of delivering the attention of the Senate in the form Concept that will make NATO even more ef- precision-guided munitions. Further, the fective in addressing regional and ethnic of this amendment. United States is providing the preponderance conflict of this very sort. Our operations in According to the new Strategic Con- of airlift to deliver both military assets Kosovo have demonstrated the crucial im- cept, the alliance is tasked ‘‘to stand (such as the critically needed Apache heli- ready, case-by-case by consensus . . . portance of NATO being prepared for the full copters and support equipment) and humani- spectrum of military operations—a prepared- to contribute to effective conflict pre- tarian relief supplies, the delivery of which ness the revised Strategic Concept will help vention, and to engage actively in cri- are now in competition with each other. ensure. sis management, including crisis re- Until other NATO nations acquire, or at The Strategic Concept will reaffirm sponse operations. least have in place firm commitments to ac- NATO’s core mission of collective defense, Kosovo is an example of a non-article quire, comparable military capabilities, the while also making the adaptations needed to United States will continually be called on 5 crisis response operation. deal with threats such as the regional con- to carry the greatest share of the military flicts we have seen in Bosnia and Kosovo as EXHIBIT 1 responsibilities for such ‘out of area’ oper- well as the evolving risks posed by the pro- COMMITTEE ON ARMED SERVICES, ations in the future. This issue must be ad- liferation of weapons of mass destruction. It Washington, DC, April 7, 1999. dressed, and the Congress consulted and the will also help ensure greater interoperability The PRESIDENT, American people informed. among allied forces and an increased Euro- The White House, It is my understanding that the draft Stra- pean contribution to our shared security. Washington, DC. tegic Concept currently under consideration The Strategic Concept will not contain new DEAR MR. PRESIDENT: The Administration, by NATO specifically addresses NATO strat- commitments or obligations for the United in consultation with our NATO allies, is now egy for non-Article 5, ‘out of area’ threats to States but rather will underscore NATO’s en- finalizing various documents to be submitted our common interests—threats such as Bos- during purposes outlined in the 1940 North to the Heads of State for ratification at the nia and Kosovo. According to Secretary Atlantic Treaty. It will also recognize the upcoming 50th anniversary NATO Summit to Albright in a December 8, 1998 statement to need for adapted capabilities in the face of be held in Washington later this month. A the North Atlantic Council, ‘The new Stra- changed circumstances. This approach is key decision, in my view the most important tegic Concept must find the right balance be- fully consistent with the Kyl Amendment, one, is the revision of the Strategic Concept tween affirming the centrality of Article V which called for a strong reaffirmation of for the future—perhaps a decade—that will collective defense missions and ensuring collective defense as well as a recognition of guide NATO in its decision making process that the fundamental tasks of the Alliance new security challenges. regarding the deployment of military forces. are intimately related to the broader defense The upcoming summit offers a historic op- I am recommending, Mr. President, that a of our common interests.’ Is this the type of portunity to strengthen the NATO Alliance draft form of this document be reviewed by broad commitment to be accepted in final and ensure that it remains as effective in the the principals, but not finalized, at this 50th form, just weeks away at the 50th anniver- future as it has been over the past fifty anniversary Summit. Given the events in sary Summit? years. While the situation in Kosovo has pre- Kosovo, a new Strategic Concept for NATO— During the Senate’s debate on the Resolu- sented difficult challenges, I am confident the document that spells out the future tion of Ratification regarding NATO expan- that NATO resolve in the face of this tyr- strategy and mission of the Alliance—should sion, the Senate addressed this issue by anny will bring a successful conclusion. not be written ‘in stone’ at this time. In- adopting a very important amendment put Your support for the NATO Alliance and stead, NATO leaders should issue a draft forth by Senator Kyl. But this was before the for our policy in Kosovo has been indispen- Strategic Concept at the Summit, which events in Kosovo. The lessons of Kosovo sable. I look forward to working closely with would be subject to further comment and could even change this position. you in the coming days to ensure that the study for a period of approximately six The intent of this letter is to give you my summit is an overwhelming success. months. Thereafter, a final document should personal view that a ‘final’ decision by Sincerely, be adopted. NATO on the Strategic concept should not BILL CLINTON. NATO is by far the most successful mili- be taken—risked—against the uncertainties Mr. WARNER. I assure the Senate tary alliance in contemporary history. It emanating from the Kosovo situation. that we will deliberate this amendment was the deciding factor in avoiding wide- The U.S. and our allies will have many tomorrow again, I say to the Senator. spread conflict in Europe throughout the ‘‘lessons learned’’ to assess as a pivotal part Cold War. Subsequent to that tense period of of the future Strategic Concept. Bosnia and We are not able to complete it today history, NATO was, again, the deciding fac- Kosovo have been NATO’s first forays into due to the absence of several col- tor in bringing about an end to hostilities in aggressive military operations. As of this leagues and the fact that right now the Bosnia, and thereafter providing the security writing, the Kosovo situation is having a de- Nation’s capital is engulfed in a series essential to allow Bosnia to achieve the mod- stabilizing effect of the few gains made to of storms preventing a number of our est gains we have seen in the reconstruction date in Bosnia. This combined situation Members from returning. Also, I think of the economic, political and security base must be carefully assessed and evaluated be- it is important that every Member of of that nation. fore the U.S. and our allies sign on a new the Senate hear the words of the Sen- Now NATO is engaged in combating the Strategic Concept for the next decade of widespread evils of Milosevic and his Serbian NATO. ator from Kansas and others about this followers in Kosovo. A brief period for study and reflection by very important amendment. I visited Kosovo and Macedonia last Sep- ourselves as well as our Allies would be pru- Mr. ROBERTS. Would the distin- tember and witnessed Milosevic’s repression dent. NATO is too vital for the future of Eu- guished chairman yield for several of the Kosovar Albanians. Thereafter, I rope and American leadership. questions?

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5805 Mr. WARNER. Yes. will have the full committee or perhaps Mr. ROBERTS. Would my distin- Mr. ROBERTS. I thank the distin- my subcommittee look at the tactics guished chairman yield for one addi- guished chairman for his very kind that have been used, the stress and tional question? comments. strain on others, on other services in Mr. WARNER. Yes. Would it be helpful, I ask the distin- other parts of the world. Mr. ROBERTS. I am worried about guished chairman, if Members of this I am sure we have talked about the the future of NATO. If in fact our in- body would know that the same basic ethics of conducting a war above 15,000 volvement in Kosovo was at one time feeling exists in regards to the British feet; immaculate coercion, where no al- not in our vital national interest, there Parliament in the House of Lords? lied NATO soldier has suffered any cas- is, I think, a good argument that can Mr. WARNER. I think that is a very ualty as opposed to the people we are be made—has been made by the na- important point. trying to help. tional security team and the Presi- Mr. ROBERTS. I have a statement I know that we have talked, Mr. dent—that since NATO’s credibility or here by a member of the Parliament. Chairman, about the law of unintended the future of NATO is now on the line, Menzies Campbell says: effects; what is happening today in re- it is in our vital national security in- . . .’’It is a matter of considerable regret gard to Russia, China, India, Pakistan, terest. that the House of Commons has never de- South America, and Central America. Having said that, and having looked bated properly the issues surrounding the at the war in Kosovo and the tactics NATO Strategic Concept.’’ He argued that, President Zedillo of Mexico wondered ‘‘Parliament should have had the oppor- aloud in the international press: Will used, and the result, and all six of the tunity to consider matters such as NATO’s NATO now come to enforce human goals, as outlined by the distinguished right of independent action without Security rights within the sovereign territory of Secretary of State in our briefings, Council authority and further expansion of Mexico in regards to the Chippewa In- being turned on their head as a result the alliance and its consequences.’’ dian situation? How about East Timor, of the tactics that have been used in He said that: Chechnya, Turkey, and the Kurds, et the military strategy, and the law of Foreign and security policy is the responsi- cetera, et cetera? Rwanda, that situa- unintended effects, can you imagine a bility of the government, but the legislature tion is far more difficult. situation under this Strategic Concept is surely entitled to express its views. I don’t know, Mr. Chairman. I just that all 19 nations will ever agree to This was also true in regards to the think there are a lot of real questions ever bomb anybody again? On a statement by Lord Wallace of Great that Members have. If you go back to proactive basis? Where we are going Britain in the House of Lords. the basic genesis as to why we are outside of the NATO territory, ignor- . . .’’no intelligent debate’’. . .it is ‘‘quite there, it comes right back to the Presi- ing the U.N.? I doubt it. astonishing that we allow British defence dent’s speech at the Hague over 2 years Eight nations, right now as I speak, strategy to be structured by an international ago, reflected in the Strategic Concept more especially three, want the bomb- organisation without any form of input and ing ended. Many others in this Cham- debate by our Parliament.’’ of NATO. I thank the distinguished chairman. ber—not this Senator, for reasons that Then he went on to say, in drawing Mr. WARNER. I say to my colleague, I could go into, but I will not—did not the example here in the Senate: you are right on. want to start the bombing campaign. Both Republicans and Democrats. . .argue Indeed, go back before Kosovo to Bos- Others wanted to start it. Others want- that the. . . [overemphasis on] the enlarge- nia. How many debates took place on ed to use the ground forces. That de- ment issue in the run-up to NATO’s 50th an- this floor where the central question bate is going on right now. niversary celebration. . .came at the ex- We are negotiating within the pense of any meaningful debate over the evo- was: Was it in the vital U.S. interest to make our commitments there? Time NATO—within the NATO—alliance as lution of NATO and the role that opposed to trying to negotiate, as we the. . .Alliance will play in the 21st century. and time again, the administration are trying to do, with Mr. Milosevic, dropped the word ‘‘vital,’’ and then If I could ask my distinguished chair- who, by the way, is a thug and an talked about how it was in our inter- man, would he recall the many times international terrorist and all the that we have had briefings in regards est. But when we put life and limb of the things people say about him. That does to the situation in Kosovo and the not enter into this. But can you imag- American person on the line, whether question over and over again that was ine, Mr. Chairman, under what cir- it is in the cockpits or on the ground or posed prior to the bombing: Would this cumstance, after Kosovo, that NATO on the sea, I really believe it should be be in our vital national security inter- would bomb again, or for that matter in the vital interest of the United est? ever use ground troops? I know the Senator asked that ques- States of America for our families to What kind of message does that send tion many times. I know that the dis- be asked to make those commitments to the bad guys and the hard targets tinguished Senator from Utah, Mr. of life and limb. That is central to this and the real people that we should be BENNETT, who made a very eloquent question, as you pointed out, I think worrying about all around the world? I speech in this Chamber this morning, very carefully. think we have decimated—well, there asked that question. I tried to ask the If I might, because I think it bears is a stronger word for it, but I will not question in regards to an amendment worth repeating: ‘‘The NATO charter use it—in regards to NATO. I think to the defense appropriations bill last requires the use of force in only one in- under this Strategic Concept we have year. I said: Before we would actually stance’’—now this is the 1949 treaty, wandered so far afield and into a dan- commit any troops under this ever- under article 5—‘‘to respond to an gerous pasture that we are endangering changing concept in that part of the armed attack against one or more of the true mission of NATO, which is col- world, would the administration please the member nations.’’ Strike one, lective security, not to mention all the answer eight questions—as to cost, strike all. There is nothing in that rest of these things that are in this purpose, exit strategy, end game, and charter that calls for the use of force concept. et cetera, et cetera? to protect common interests. That is what worries me. That public law requirement was not This is being created out of whole Mr. WARNER. Mr. President, I say to addressed for 6 months. I am worried cloth, this non-article 5 combat. It is my good friend, in my judgment, predi- about the future of NATO, I would say as if we are writing a new article to the cated on a lot of study in the lifetime to my distinguished friend. I know the original treaty. It is for that reason of this Senator of the NATO treaty, the chairman is. I think that Kosovo is a that we should bring this before the doctrine of consensus was predicated rock that has hit the NATO windshield, Senate. Because through the guise of on keeping the operations within the and it has been like shattered glass. It calling it a strategic concept through borders. does not matter if you feel that in- the panoply of the 50th anniversary, And now, under this proposed 1999 volvement is a fine mess we have got- what they have done here, in my judg- Strategic Concept, to take it beyond ten into or whether or not we think ment, is create a new article to the the borders, I question whether or not that this policy is the right policy. fundamental treaty of 1949, and that the doctrine of consensus will work. I am sure the distinguished chair- they cannot do without the advice and What a tragedy it would be if we took man—I have talked with him about it— consent of the Senate. this magnificent NATO organization,

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5806 CONGRESSIONAL RECORD — SENATE May 24, 1999 which fulfilled beyond the dreams of been offered, we shall see. I see where to what NATO said in 1990. We have all its mission, as laid down in 1949, one NATO general indicated it is going heard a lot about 1999 in Washington, which kept the peace in Europe for to take another 2 months. I hope that but just listen to the heads of state in that half century, and allow it to be is not the case. July 1990, speaking in London. Here is pulled apart by a doctrine such as this I hope the Senate Armed Services what the heads of state said: While re- new Strategic Concept. I think the Committee—and I ask the chairman, affirming the basic principles on which Senator is quite right. We are in this would it be his intent to take a hard the alliance has rested since its incep- conflict, in all probability, not because look. I have a subcommittee that looks tion, they recognized the developments of our national vital security interests at low-intensity conflicts—this became taking place in Europe would have a but because of NATO. It is because of a high-intensity conflict—and military far-reaching impact on the way in NATO that we cannot allow our mili- tactics and strategy. I hope we can which its aims would be met in the fu- tary commanders to promulgate the take a look at this, especially with the ture and the need for a fundamental actions which are necessary to go asymmetrical threat that Mr. strategic review, fundamental stra- ahead and win it. Milosevic has used so well against us. tegic review. I often think, I say to my good He basically took one look at our tac- And what came out of that strategic friend, as over 50 percent of the airmen tics and acted accordingly and played review in 1991, fundamental strategic are flying tactical missions and over 70 rope-a-dope. He has achieved most of review for NATO? They have listed percent of the support missions and the his objectives. That seems to me to be many new security challenges and airlift, are we unfairly asking those a real problem here. I hope we have risks in 1991. Listen to risk No. 9, lan- young aviators to bear the brunt of war those hearings. guage very similar to what was adopt- disproportionately because NATO did Again, I go back to the genesis of ed in Washington this year: not devise and put in place, concur- this whole business, and that is a Stra- Risks to allied security less likely to re- sult from calculated aggression against a rently with the air operations, starting tegic Concept that puts us in far dif- territory of the allies but, rather, from ad- a ground operation? Because a ground ferent pastures. I know there will be verse consequences of instabilities that may operation would have transformed this some of my colleagues who say this is arise from the serious economic, social and conflict considerably. It might well, in not a treaty. The fact that we are hav- political difficulties, including ethnic rival- my judgment, have brought about a far ing this debate today, I think, is en- ries and territorial disputes, which are faced earlier conclusion of this conflict and couraging. We had a debate on ratifica- by many countries in central and eastern saved the prolonged risk to airmen tion of NATO expansion last year. To Europe. The tensions which may result, as which is going on today and tomorrow my knowledge, we have not had any de- long as they remain limited, should not di- rectly threaten the security and territorial and for the indefinite future, given the bate, or very little discussion, of this integrity of the members of the alliance. absence of bringing together all the Strategic Concept and what it means. They could, however, lead to crises inimical force capable of the 19 nations to bear. So the Senator’s cosponsorship of to European stability and even to armed con- Indeed, the other nations that do not this amendment is much appreciated. flicts, which could involve outside powers or have the air power, as we have it, could If, in fact it is not a treaty, it has the spill over into NATO countries, having a di- have been the primary components of effect of a treaty. rect effect on the security of the alliance. the ground action, leaving to the Mr. WARNER. Mr. President, we are Does it sound familiar? It sure does American airmen the operations in the going to have that series of hearings. I to me. It sounds like 1999 to me. sky but they undertake the operations do not want to have a hearing or a se- Risks to allied security are less likely to on the ground. It would have forced ries of hearings on the Armed Services result from calculated aggression against a Milosevic to put in place, making in all Committee until the men and women territory of allies but, rather, from the ad- of the NATO forces are, hopefully, in a verse consequences of instabilities that may probability his ground assets a better arise from the serious economic, social and target than they are today, widely dis- very limited situation with regard to political difficulties, including ethnic rival- persed and hidden in the villages and personal risk. ries and territorial disputes. . . . towns throughout Kosovo and else- Mr. ROBERTS. If the chairman will, I didn’t hear too many calls then for where. I heartily agree. The war must be over. a submission of amendments to the I think the whole dynamics of this Mr. WARNER. Let me just bring up a NATO treaty. I don’t think we heard conflict would have been changed had final concluding point to my good any calls then, although the risks we not limited solely to air but done a friend here. I know others want to changed. They changed in a significant ground-air combination, for which our speak to this. Then we will have to lay way: No longer likely to come from forces have trained these 50 years in it aside. calculated aggression against the terri- NATO, as well as the other NATO na- I point out that during the 1994 de- tory of the allies but from adverse con- tions, for a ground-air coordinated de- bate on modifications to the ABM sequences of instabilities. fense. Treaty, the Armed Services Committee I don’t think there was a change to I point out, NATO was always to be a included a provision, and I was a co- the NATO treaty then, and I don’t defense treaty. sponsor of that effort in the 1995 DOD think there is a change to the NATO Mr. ROBERTS. If I may ask my dis- authorization act—I ask my colleague treaty now. There were no new com- tinguished friend, the chairman, one to listen carefully—which required the mitments or obligations for the United other question; that is, I do not think President to submit to the Senate for States then, in 1991, nor do I believe there is any question in the minds of advice and consent any international there are any now. many that to state that you are not agreement which would ‘‘substantially Are there different challenges? Yes. going to use grounds forces before you modify the ABM Treaty.’’ Is there a different strategic concept? decide to use force was a mistake. I think that is a direct parallel and Yes. Are there different risks? Yes. But There is no question about that. an exact precedent for what the Rob- is there a change to the treaty, new I am not sure I could still support or erts-Warner amendment seeks. commitments or obligations for the still support—I never did support—the I yield the floor. United States now? I don’t think so. use of ground troops, unless I know Mr. LEVIN addressed the Chair. Were there in 1991 when all the allies what their specific mission is: What do The PRESIDING OFFICER. The Sen- signed a new strategic concept? No. we expect them to do. And then, if you ator from Michigan. Even though the Soviet military capa- ‘‘win,’’ if we could ever define ‘‘win- Mr. LEVIN. Mr. President, first I bility still was constituting the most ning,’’ what is it that we have won. commend our good friend from Kansas significant factor, all of a sudden be- So from the standpoint of tactics, I for the energy he has put into a very cause of the decline and fall of the So- say again to the chairman, I am very significant issue which has to do with viet Union, we now had new risks. Lis- hopeful, once this war is over, we hope the new Strategic Concept of NATO. ten to these words in paragraph 12. and pray that all of this talk that has This is not a new issue. The question This is the 1991 Strategic Concept, been rather critical will be secondary, of NATO’s role since the fall of the So- paragraph 12: and, if Milosevic would agree to some viet Union has been an issue of a num- Alliance security must also take account of the negotiating principles that have ber of new Strategic Concepts. Listen of the global context.

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5807 Wow. You talk about a different chal- But I must say I don’t have a difficulty Senator WARNER made reference to lenge and you talk about a new stra- with what Senator ROBERTS is doing the European Security and Defense Ini- tegic concept. In 1991, the NATO allies because it is perfectly appropriate to tiative, a very significant change—a suddenly say that alliance security ask the President: Is there anything in very significant initiative in terms of must take account of the global con- this new Strategic Concept which im- what Europe will do. It is something text. Those are pretty broad words. But poses on us a new obligation for com- that I have believed for some time that I didn’t hear any suggestion back in mitment? If so, submit it to us as a Europe should do. The reference is very 1991 that it was an amendment to the treaty amendment. specific inside of the Washington NATO treaty that required submission This is very different from some ear- agreement. to the Senate—and for a good reason. lier language that was circulated in the Two, the European allies taking on— There were no commitments or obliga- Armed Services Committee. This in the words of the agreement—‘‘as- tions undertaken in 1991, and there are doesn’t make a finding that there are suming greater responsibility in the se- no strategic concepts which contain new commitments or obligations in curity and defense field in order to en- new commitments or obligations in this agreement in Washington in 1999. hance the peace and stability of the 1999. In 1999, the allies said that alli- The language before us doesn’t make Euro-Atlantic area, and, thus, the se- ance security interests can be affected any such finding. The language before curity of all allies.’’ by other risks of a wider nature, in- us in the Senator’s resolution, which I Then it goes on to say: ‘‘On the basis cluding proliferation of weapons of find to be appropriate, requires the of decisions taken by the Alliance in mass destruction, disruption of the President to determine and certify Berlin in 1996 and subsequently, the flow of vital resources, and actions of whether or not the Strategic Concept European Security and Defense Initia- terrorism and sabotage. That is a lot imposes any new commitment or obli- tive will continue to be developed with- different from an attack on the terri- gations on the United States—whether in NATO.’’ tory of the allies. But nobody sug- or not. I think it is a very significant gested in 1991 that was an amendment And so as I read this resolution, I change. It is something which we in to the NATO treaty, to the Washington think the language is appropriate in the United States should welcome. It Treaty. this resolution, that the President re- means that the Europeans will be tak- Why didn’t anyone suggest that in affirm what he told us on April 14, tell ing on greater responsibility for the de- 1991? Because that did not constitute us if there is any change in his think- fense of Europe against threats, old the undertaking of new commitments ing on that. Again, as he wrote Senator and new. or obligations for the United States, WARNER on April 14—and this letter We ought to welcome as well the ref- even though we all agreed that alliance has been made part of the RECORD now, erence or the discussion of a new ini- security must take into account the I believe—the President said: tiative where European countries will global context—and that is a lot be- The Strategic Concept will not contain have greater defense capability; capa- yond Europe. In 1991, everyone agreed new commitments or obligations for the bilities to address appropriately and ef- to that. I don’t remember one amend- United States, but rather will underscore fectively the risks that are associated ment, not one amendment, not one pro- NATO’s enduring purposes, outlined in the with weapons of mass destruction; new posal that suggested that the new Stra- 1949 North Atlantic Treaty. capabilities so that they can deploy tegic Concept constituted a commit- There has been reference here to the more readily greater mobility, greater ment or obligation binding upon the significance of changes in strategic survivability of forces, greater infra- United States which would require a concepts, and I think it is important structure and sustainability. These are change in the NATO treaty. It wasn’t that the Senate spend some time doing initiatives inside of the new strategic suggested in 1991 because there was no what Senator ROBERTS and others have doctrine which will make it possible new commitment or undertaking bind- done, both on the committee and off, in for Europe to take greater responsi- ing upon us, because there was simply focusing on this Strategic Concept. It bility for the defense of Europe. We a new strategic concept. The 1999 Stra- is important that we understand what should welcome this. tegic Concept does not constitute a these new threats and risks are. It is I don’t think there has been very new commitment or obligation, either. important, in my judgment, that we much emphasis in the United States on The same principle applies now as ap- make a determination as to whether or what Europe has agreed to do in the plied then. not we do have new legal commitments new Strategic Concept—what they So the amendment of the Senator, and obligations. have, in effect, put into black and which says if there are new under- I don’t believe the 1999 Strategic Con- white, the commitment to greater Eu- takings, whether or not the new Stra- cept creates any new binding obliga- ropean resources being used for the Eu- tegic Concept imposes any new com- tions or commitments any more than I ropean defense. mitments or obligations on the United did that the 1991 Strategic Concept cre- As I said a few moments ago, this States, it seems to me is a requirement ated any new binding commitments resolution which is before us says that on the President that is perfectly ap- and obligations. But our committees of if there are new commitments and obli- propriate. I have no difficulty whatso- jurisdiction surely should focus on that gations—if—then the President should ever in asking the President to tell us resolution. so certify to the Senate. And I believe whether or not the 1999 Strategic Con- Senator WARNER has indicated in the there is none. cept represents new commitments or last few minutes that the Armed Serv- Indeed, the Senator from Virginia undertakings. It is perfectly appro- ices Committee will, indeed, be holding has been assured by the President in priate—as this resolution does—to call a series of hearings on this subject. As the letter which he put in the RECORD on the President to inform us as to he stated it, if I heard him correctly, that the Strategic Concept will not whether or not there are new commit- those hearings will occur after the contain new commitments or obliga- ments or undertakings. events in Kosovo are resolved. But as tions. I believe there is none in this As a matter of fact, the President has of this time, we have not yet had such 1999 Strategic Concept, and I believe already informed us of exactly what hearings. I am not certain of this. But there was none in the 1991 Strategic this resolution says he should inform I don’t believe that the Foreign Rela- Concept. There was none in 1991. us. The President wrote Senator WAR- tions Committee has either, at least Even though the language is very NER on April 14 that ‘‘the Strategic after the Washington agreement was similar—again, my good friend from Concept will not contain new commit- signed. There may have been a hearing Virginia being here—I just want to ments or obligations for the United before the Washington agreement. But read some of the language in the 1991 States.’’ Those are the President’s I don’t believe there has been one since Strategic Concept again. I will be very words. it was signed. The agreement has some brief. But article 12 of the 1991 Stra- So what this resolution does is say: very significant provisions in it rel- tegic Concept said that ‘‘alliance secu- Does it? The President said, in April, ative to a European commitment to rity must also take account the global that it won’t. I have no doubt that the take on greater responsibility for Euro- concepts’’—‘‘global concepts.’’ ‘‘Alli- President will reaffirm that it didn’t. pean defense. ance security interests can be affected

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5808 CONGRESSIONAL RECORD — SENATE May 24, 1999 by other risks of a wider nature, in- President wrote my good friend from could be understood by anyone, wheth- cluding proliferation of weapons of Virginia on April 14 that the Strategic er he or she wears four stars or is a pri- mass destruction, disruption of the Concept will not contain new commit- vate. It simply says: flow of vital resources and actions of ments or obligations for the United The parties agree that an armed attack terrorists and sabotage.’’ States. I assume that he will reaffirm against one or more of them in Europe or That was in 1991. That is just one that in fact there are no new commit- North America shall be considered an attack part of a Strategic Concept which we ments or obligations when he gives us against them all. all agreed to. the certification which is required in The word ‘‘attack’’ goes all the way Did that represent changes in the this resolution. through article 5. North Atlantic Treaty? No, it did not, I just want to summarize by saying We will assist the parties so attacked. in my judgment. Nobody suggests that that I have no difficulty with this lan- It was a defensive treaty, whether it was it did back then. No one suggested that guage, because I think it is appropriate armed aggression across the border against a the President back then, President we have that assurance, because if member nation. That is the only reason that Bush, submit that kind of change in there are new commitments or obliga- NATO was founded. strategic concept to the Senate as a tions—it seems to me there should be— Now in the Bosnia and Kosovo oper- change in the treaty, for a very good then it would be presumably an amend- ation, there wasn’t any attack on a reason: It did not constitute a legal ob- ment to a treaty which should be sub- member nation but it was unsettling to ligation or commitment which rep- mitted to the Senate. But, again, just the security of Europe. There was no resented a change in the North Atlan- as there was none in 1991 when that attack. tic Treaty. That is why nobody pro- new Strategic Concept which I just They decided it was a non-article 5 posed back then that we have to ratify read was adopted by NATO, I don’t be- military operation. There is no non-ar- this. lieve there are more important—my ticle 5 in here. You have to go to a pre- Those are broad words in here, sec- belief is that the President has written amble. You have to work a strain for tion 9 of the 1991 new Strategic Con- the good Senator from Virginia that in the basis on which we are in Bosnia cept—it was called new Strategic Con- fact there are no new commitments or and in Kosovo. cept 1991: obligations contained in this new Stra- We are there; we are committed as a Risks to allied security are less likely to tegic Concept in 1999. nation. If in the next decade we want result from calculated aggression against the Again, I want to commend the Sen- to do something beyond article 5, then territory of the allies but rather from the ad- ators who have focused on this. I think let’s put it down as a new article. Let’s verse consequences of instabilities that may we must address the new kind of envi- write it as a new article, article 15, and arise in serious economic, social and polit- ronment we face in this world, and that put it down in very clear language so ical difficulties— it is important that NATO, which is that everybody can understand what it Listen to this— going to play such a critical role in the is we want to do, rather than going including ethnic rivalries and territorial dis- stability of Europe and the new kinds back and getting a strange interpreta- putes which are faced by many countries in of threats which we and Europe face, tion of a preamble to begin to justify Central and Eastern Europe. address those threats, that we do so in putting men and women of the Armed They could lead to crises in European the context of the most successful alli- Forces of the United States in harm’s stability. ance in the history of mankind, an alli- way. Did that create legally binding obli- ance which is now growing, an alliance The burdensharing concept: The fi- gations and commitments on the which when we added three new coun- nancial relationship between the United States in 1991? No, it didn’t. tries in this Senate, on this floor—we United States, which pays 25 percent of And nobody suggested that the Presi- adopted the Kyl amendment that, as I the costs of NATO—eventually our dent should submit that language, be- remember it, contained 10 provisions— committee will get all those costs and cause there is no legally binding obli- very similar to what is in this 1999 spread them out. I think we ought to, gation or commitment from that kind Strategic Concept. plain and simple, start a new article if of language, although in the words of I won’t take the time to read more we want to do something different than the Strategic Concept in 1991 they rec- than just one section of the 10 prin- article 5 and not go back within the ognized—this is what our leaders said ciples in the Kyl amendment. confines of this magnificent document in all of the NATO nations—‘‘that the The Senate understands that the pol- and try to get some strained, whatever developments they can place in Europe icy of the United States is that the it is, to justify military action beyond would have a far-reaching impact on core concepts contained in the 1991 the borders. the way in which NATO’s aims would Strategic Concept of NATO, which Mr. LEVIN. Mr. President, in 1991 be met in the future.’’ adapted NATO’s strategic strategy of this is what the NATO new Strategic ‘‘Far-reaching impacts,’’ 1991. the post-cold-war environment, remain Concept said: I commend—and I had an oppor- valid today in that the upcoming revi- Risks to Allied security are less likely to tunity to do this a few minutes ago— sion of that document will reflect the result from calculated aggression against the the efforts of the Senator from Kansas, following provisions, and there are territory of the Allies, but rather from the adverse consequences of instability that may the Senator from Virginia, and the many. Senator from Maine, and others to arise from the serious economic, social, and One is: political difficulties, including ethnic rival- bring to our attention what this new (IV) conflict in the North Atlantic area ries and territorial disputes which are faced Strategic Concept is, so that we as a stemming from ethnic and religious enmity, by many countries in central and eastern Senate can understand what it is that the revival of historic disputes, or the ac- Europe. NATO is looking at in terms of a stra- tions of undemocratic leaders. They could . . . lead to crises inimical to tegic concept. It is very important that That is one of the principles of the European stability and to armed conflicts. those hearings the Senator from Vir- Kyl amendment in which we confirmed That is section 9. ginia made reference to take place. In three nations would be added to the Then they say, in addition to article my own opinion, if the Foreign Rela- NATO alliance. 5, article 6 which they made reference tions Committee has not already done I yield for a question. to, an armed attack of the territory of so—and I don’t believe they have, but I Mr. WARNER. I want to engage in a the allies from whatever direction. In may be wrong—it is important that the few more minutes of colloquy. Other 1991, this new Strategic Concept said, Foreign Relations Committee have Senators are waiting and we have mo- ‘‘However, alliance security must also hearings on this Strategic Concept. mentum under this bill. One Senator take account of the global context.’’ Again, I don’t have any difficulty desires to lay down some additional That is 1991—‘‘Global context.’’ with the language in this resolution, amendments. I cannot let this oppor- Mr. WARNER. I suggest my good because I think it is appropriate that tunity go by. friend is making my argument. the President tell us whether or not we Article 5 of the 1949 treaty laid out in What I am saying is this is likened to have undertaken in this language any very clear language exactly the reasons statute law. What the Senator is read- new obligations or commitments. The for which NATO was established. It ing are regulations. How often in the

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My only point in re- AMENDMENT NO. 380 sponse to the Senator from Virginia, is ‘‘(5) for each State program funded under (Purpose: To expand the list of diseases pre- this part, data regarding the rate of employ- that nobody suggested in 1991 that sumed to be service-connected for radi- ment, job retention, earnings characteris- those words created a new binding obli- ation-exposed veterans) tics, health insurance status, and child care gation or commitment on the United On page 387, below line 24, add the fol- access and cost for former recipients of as- States. I didn’t hear it in 1991; I didn’t lowing: sistance under the State program during, hear it in 1992; I didn’t hear it in 1993; SEC. 1061. EXPANSION OF LIST OF DISEASES PRE- with respect to each such recipient, the first I didn’t hear it in 1994. SUMED TO BE SERVICE-CONNECTED 24 months occurring after the date that the ‘‘Global context’’ alliance security FOR RADIATION-EXPOSED VET- recipient ceases to receive such assistance.’’. ERANS. must take account. Section 1112(c)(2) of title 38, United States Mr. WELLSTONE. Mr. President, I Why didn’t anybody make that argu- Code, is amended by adding at the end the yield the floor. ment in the 8 years since 1991? The an- following: The PRESIDING OFFICER. The Sen- swer is, because it didn’t create any ‘‘(P) Lung cancer. ator from Pennsylvania. commitment or obligation, or else I as- ‘‘(Q) Colon cancer. AMENDMENT NO. 383 sume somebody on this floor would ‘‘(R) Tumors of the brain and central nerv- Mr. SPECTER. Mr. President, after have argued there was a new commit- ous system.’’. conferring with the distinguished man- ment or argument—the very similar AMENDMENT NO. 381 ager, I, too, wish to send an amend- language. ment to the desk and ask it be laid In 1990, NATO got together and said (Purpose: To require the Secretary of De- fense to provide information and technical aside after it has been read. the Soviet Union has fallen apart, and guidance to certain foreign nations regard- The PRESIDING OFFICER. The developments taking place in Europe ing environmental contamination at clerk will report. have a far-reaching impact. This is a United States military installation closed The assistant legislative clerk read fundamental strategic review. or being closed in such nations) as follows: The only point I am making is I have On page 83, between lines 7 and 8, insert The Senator from Pennsylvania [Mr. SPEC- no difficulty with the language in the the following: TER] proposes an amendment numbered 383. good Senator’s amendment, because I SEC. 329. PROVISION OF INFORMATION AND Mr. SPECTER. Mr. President, I ask think we should have the assurance TECHNICAL GUIDANCE TO CERTAIN unanimous consent that reading of the that there is no binding obligation or FOREIGN NATIONS REGARDING EN- VIRONMENTAL CONTAMINATION AT amendment be dispensed with. commitment represented by these new UNITED STATES MILITARY INSTAL- The PRESIDING OFFICER. Without strategic concepts that NATO adopts. I LATIONS CLOSED OR BEING CLOSED objection, it is so ordered. IN SUCH NATIONS. happen to think that is very impor- The amendment is as follows: tant. (a) REQUIREMENT TO PROVIDE INFORMATION AND GUIDANCE.—The Secretary of Defense At the appropriate place add the following I repeat that the Senator has re- new section: ceived that assurance from the Presi- shall provide to each foreign nation that is a strategic partner of the United States the SEC. . Directing the President, pursuant dent of the United States. following: to the United States Constitution and the I yield the floor. (1) Such information meeting the stand- War Powers Resolution, to seek approval Mr. WARNER. Mr. President, if I ards and practices of the United States envi- from Congress prior to the introduction of may procedurally address what I be- ronmental industry as is necessary to assist ground troops from the United States Armed lieve is about to take place. The good the foreign nation in determining the nature Forces in connection with the present oper- Senator from Pennsylvania and the and extent of environmental contamination ations against the Federal Republic of Yugo- good Senator from Louisiana have an at— slavia or funding for that operation will not be authorized. amendment which will soon be pre- (A) each United States military installa- tion located in the foreign nation that is None of the funds authorized or otherwise sented to the Senate and become the being closed; and available to the Department of Defense may pending business. However, before, as I (B) each site in the foreign nation of a be obligated or expended for the deployment understand it, the Senator from Min- United States military installation that has of ground troops from the United States nesota will lay down three amend- been closed. Armed Forces in Kosovo, except for peace- ments and we will immediately lay (2) Such technical guidance and other co- keeping personnel, unless authorized by a them aside; then our distinguished col- operation as is necessary to permit the for- declaration of war or a joint resolution au- league and member of the committee eign nation to utilize the information pro- thorizing the use of military force. will address the Senate with regard to vided under paragraph (1) for purposes of en- Mr. SPECTER. Mr. President, I can vironmental baseline studies. the bill for about 10 minutes. describe this very briefly. It provides (b) LIMITATION.—The requirement to pro- Mr. SPECTER. I have worked out that none of the funds authorized or vide information and technical guidance otherwise available to the Department with the Senator from Maine that I under subsection (a) may not be construed to will speak first and then yield to the establish on the part of the United States of Defense may be obligated or ex- Senator from Maine and the Senator any liability or obligation for the costs of pended for the deployment of ground from Louisiana who will speak at environmental restoration or remediation at troops for the United States Armed somewhat greater length. any installation or site referred to in para- Forces in Kosovo except for peace- Mr. WARNER. I yield the floor. graph (1) of that subsection. keeping personnel unless authorized by (c) DEFINITION.—In this section, the term AMENDMENTS NOS. 380 THROUGH 382, EN BLOC declaration of war or joint resolution ‘‘foreign nation that is a strategic partner of Mr. WELLSTONE. I ask unanimous authorizing the use of military force. I the United States’’ means any nation which have asked that it be laid aside to be consent to send three amendments to cooperates with the United States on mili- the desk and then have them tempo- tary matters, whether by treaty alliance or taken up at a later time. rarily laid aside. informal arrangement. The purpose, in a nutshell, is to pre- The PRESIDING OFFICER. Without serve the congressional authority to objection, it is so ordered. AMENDMENT NO. 382 declare war or have the United States The clerk will report. (Purpose: To require the Secretary of Health engage in war. The assistant legislative clerk read and Human Services to provide Congress AMENDMENT NO. 384 as follows: with information to evaluate the outcome Mr. SPECTER. Now, on behalf of of welfare reform) The Senator from Minnesota [Mr. Senator LANDRIEU and myself, I send a WELLSTONE] proposes amendments Nos. 380 At the appropriate place, insert the fol- sense-of-the-Senate amendment to the through 382, en bloc. lowing: desk and ask for its immediate consid- SEC. ll. EVALUATION OF THE OUTCOME OF Mr. WELLSTONE. I ask unanimous WELFARE REFORM. eration. consent reading of the amendments be Section 411(b) of the Social Security Act The PRESIDING OFFICER. The dispensed with. (42 U.S.C. 611(b)) is amended— clerk will report. The PRESIDING OFFICER. Without (1) in paragraph (3), by striking ‘‘and’’ at The assistant legislative clerk read objection, it is so ordered. the end; as follows:

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5810 CONGRESSIONAL RECORD — SENATE May 24, 1999 The Senator from Pennsylvania [Mr. SPEC- and genocide should be issued against sus- Recently, Justice Louise Arbour vis- TER], for Ms. LANDRIEU, for herself and Mr. pects regardless of their position within the ited the United States. On April 30, she SPECTER, proposes an amendment numbered Serbian leadership; met with Senator LANDRIEU, other Sen- (4) the United States and all nations have 384. ators, and myself, and expressed the Mr. SPECTER. Mr. President, I ask an obligation to honor arrest warrants issued by the ICTY, and the United States need for adequate financing for the in- unanimous consent that reading of the should use all appropriate means to appre- vestigations. The administration had amendment be dispensed with. hend war criminals already under indict- requested funding of some $5 million. The PRESIDING OFFICER. Without ment; and On the emergency supplemental which objection, it is so ordered. (5) NATO should not accept any diplomatic passed both Houses of Congress last The amendment is as follows: resolution to the conflict in Kosovo that would bar the indictment, apprehension, or week, up to an additional $13 million At the end of title 10 add the following: prosecution of war criminals for crimes was added, for a total of $18 million, The Senate finds that: conmitted during operations in Kosovo. which was the sum requested by Jus- The United Nations Security Council cre- Mr. SPECTER. Mr. President, as tice Arbour. ated the International Criminal Tribunal for At that time, she made a plea that the former Yugoslavia (in this concurrent stated very briefly before, I intend to resolution referred to as the ‘‘ICTY’’) by res- speak for about 10 minutes. Then we the NATO forces or the IFOR forces un- olution on May 25, 1993; have worked out an arrangement where dertake activity to arrest high-level Although the ICTY has indicted 84 people the Senator from Maine will speak for indictees who are at large, referring since its creation, these indictments have about 10 minutes. We will be preceding specifically to Karadzic, whose where- only resulted in the trial and conviction of 8 Senator LANDRIEU, because she intends abouts has been identified in the criminals; to talk for about 30 minutes. That is French Quarter, and who could be The ICTY has jurisdiction to investigate: taken into custody. grave breaches of the 1949 Geneva Conven- the speaking order which we have ar- ranged among ourselves. Mladic, the other principal indictee, tions (Article 2), violations of the laws or is said to be in Belgrade and it might customs of war (Article 3), genocide (Article The PRESIDING OFFICER. Is that in 4), and crimes against humanity (Article 5); the form of a unanimous consent re- require an invasion to apprehend and The Chief Prosecutor of the ICTY, Justice quest? take him into custody. But at least as Louise Arbour, stated on July 7, 1998, to the Mr. SPECTER. It is. to the arrest of Karadzic, that could be Contact Group for the former Yugoslavia The PRESIDING OFFICER. Without accomplished. that ‘‘[t]he Prosecutor believes that the na- objection, it is so ordered. Justice Arbour also stated there were ture and scale of the fighting indicate that Mr. SPECTER. Mr. President, the other high-ranking officials for whom an ‘armed conflict’, within the meaning of sense-of-the-Senate resolution which sealed indictments had been obtained. international law, exists in Kosovo. As a has been submitted provides for the Those sealed indictments were in the consequence, she intends to bring charges for crimes against humanity or war crimes, if prosecution of war criminals in hands of military authorities, and evidence of such crimes is established’’; Kosovo, arising out of the atrocities those individuals, too, could be taken Reports from Kosovar Albanian refugees and war crimes which have been so bla- into custody. provide detailed accounts of systematic ef- tantly committed in Kosovo. Justice Arbour expressed the judg- forts to displace the entire Muslim popu- The somewhat polite term of ‘‘ethnic ment that if these war criminals, al- lation of Kosovo; cleansing’’ has been used to describe leged war criminals—these individuals In furtherance of this plan, Serbian troops, these atrocities. But they are, in effect, indicted on charges of war crimes, to police, and paramilitary forces have engaged mass murders and executions com- be specific—were taken into custody, in detention and summary execution of men mitted by the Serbian forces against of all ages, wanton destruction of civilian then she believed it could have a pro- housing, forcible expulsions, mass executions the people of Kosovo. We have, to the found effect on the subordinates, on in at least 60 villages and towns, as well as credit of the civilized world, estab- perhaps Milosevic himself or certainly widespread organized rape of women and lished a War Crimes Tribunal in the on the subordinates immediately under young girls; Hague. The establishment of this War Milosevic. These reports of atrocities provide prima Crimes Tribunal to prosecute crimes in It is our hope this sense-of-the-Sen- facie evidence of war crimes, crimes against the former Yugoslavia has already re- ate resolution will impel the authori- humanity, as well as genocide; turned 84 indictments and the resulting ties to apprehend those individuals. Any criminal investigation is best served conviction of some 8 criminals there. I shall not go through the whereas by the depositions and interviews of wit- The importance of establishing the nesses as soon after the commission of the clauses, setting forth the foundation crime as possible; rule of law is something that may be for the U.N. action on establishing the The indictment, arrest, and trial of war the most important legacy that will War Crimes Tribunal or the atrocities criminals would provide a significant deter- come out of the Bosnian war and the themselves, but focusing for just a rent to further atrocities; war in Kosovo, and hopefully will be minute on the five clauses following The ICTY has issued 14 international war- embodied in a permanent international the resolution: rants for war crimes suspects that have yet criminal court—which will remain for First, that the United States, in co- to be served, despite knowledge of the sus- another day. Those resolutions have ordination with the United Nations, pects’ whereabouts; been introduced and pressed by a num- supply sufficient funds for the inves- Vigorous prosecution of war crimes after the conflict in Bosnia may have prevented ber of Senators, including Senator tigation of the allegations of the atroc- the ongoing atrocities in Kosovo; and DODD and myself and others. But in ities and war crimes committed in Investigative reporters have identified spe- Bosnia, we saw the war crimes and we Kosovo. cific documentary evidence implicating the have seen very strenuous activity by That can be accomplished with the Serbian leadership in the commission of war the War Crimes Tribunal in the 84 in- $18 million appropriated by the United crimes. dictments and in the 8 convictions. States and appropriations by other re- SEC. 2. It is the sense of Congress that— Now we have seen ethnic cleansing at sponsible nations. (1) the United States, in coordination with a high level. We have seen acts of vio- Second, that the United States, other United Nations contributors, should lence which go to the very top of the provide sufficient resources for an expedi- through its intelligence services, tious and thorough investigation of allega- Serbian-Yugoslavian Government, should provide all cooperation in the tions of the atrocities and war crimes com- right to the doorstep of President gathering of evidence to secure the in- mitted in Kosovo; Milosevic himself. Although he is not dictments of those responsible for war (2) the United States, through its intel- named in this sense-of-the-Senate reso- crimes. ligence services, should provide all possible lution, it is plain that the kind of Third, that where the evidence war- cooperation in the gathering of evidence of atrocities which have been carried out rants indictment, those indictments sufficient specificity and credibility to se- could only be carried out by his order, will be brought for war crimes, crimes cure the indictment of those responsible for at least with his knowledge and, at the against humanity, and genocide, re- the commission of war crimes, crimes against humanity, and genocide in the very minimum, with his acquiescence— gardless of the position of the indictees former Yugoslavia; any of which is sufficient to establish within the Serbian leadership. (3) where evidence warrants, indictments criminal culpability for those war This is directed at President for war crimes, crimes against humanity, crimes. Milosevic himself.

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5811 Fourth, that the United Nations and unseen in Europe for almost fifty late March, including over 300 villages all nations have an obligation to honor years. These events are the culmina- burned since April 4; the warrants issued by the War Crimes tion of a decade-long campaign of ter- Detentions: Consistent refugee re- Tribunal, and the United States and ror and bloodshed in the Balkans engi- ports that Serbian forces are sepa- other responsible nations should use all neered by Mr. Milosevic. rating military-aged men from their appropriate means to apprehend the Over 1.2 million Kosovar Albanians families in a systematic pattern. Some war criminals already under indict- are now displaced, having been forced analysts estimate that the total num- ments. to flee their homes. Over 700,000 ber of missing men is as high as 100,000. That refers to Karadzic, Mladic, and Kosovars are now refugees, most in Al- Their fate is unknown; the others under sealed indictments as bania, Macedonia, and Montenegro. Summary Execution: Refugees have previously mentioned, having been Others have been forced to hide in the provided accounts of summary execu- identified by Justice Arbour. forests and mountains. tions in at least 70 towns and villages Fifth, NATO should not accept any The United States now has hard evi- throughout Kosovo; diplomatic resolution to the conflict in dence that war crimes have been com- Rape: Ethnic Albanian women are re- Kosovo that would bar the indictment, mitted. A report issued by the State portedly being raped in increasing apprehension, or prosecution of war Department earlier this month entitled numbers. Refugee accounts indicate criminals for crimes committed during ‘‘Erasing History: Ethnic Cleansing in systematic and organized mass rapes in operations in Kosovo. Kosovo’’ argued that: ‘‘At this writing, Djakovica and Pec; If there is any inclination, as part of the forces of Yugoslav President Identity Cleansing: Refugees report a plea bargain on any of the negotia- Slobodan Milosevic continue to burn, that Serbian authorities have con- tions, to spare President Milosevic or loot, rape, shell, and de-populate fiscated passports and other identity other high-ranking officials, that Kosovo, and thousands of refugees con- papers, systematically destroyed voter should be rejected as part of the diplo- tinue to flee into neighboring Albania registers and other aspects of Kosovo’s matic resolution of the conflict in and Macedonia. The refugees coming civil registry, and even removed li- Kosovo if such a diplomatic resolution out of Kosovo are only now beginning cense plates from departing vehicles as should be obtained. to tell their stories. Yet even these part of a policy to prevent returns to Last Thursday, Secretary of State fragmented accounts portray a system- Kosovo. Madeleine Albright testified before the atic policy of ethnic cleansing.’’ The civilized world must send a Foreign Operations Subcommittee of This report alleges that: strong and unambiguous message that Appropriations, a committee of which I Serbian forces have made Pristina, ethnic cleansing, genocide, and mass am a member. She was questioned at the capital of Kosovo, a ghost town. rape are not acceptable, and will not be that time and stated that the United Serbian military, police, and para- tolerated. States was not negotiating with military forces expelled between 100,000 I will never forget, about 4 years ago, Milosevic. I picked up a copy of the New York Well, in effect, an indirect negotia- to 120,000 persons from Pristina in only Times and opened it. There was a rath- tion is not a whole lot different. But it four days. Kosovars in Macedonia indi- er large picture of a young girl about 15 may be—and I made this statement at cate that only 100 ethnic Albanians re- years old. She had sort of a Dutch cut, the time of the hearing—that the line main in Pristina. Serbian forces are bangs hanging over her forehead. She could be drawn so that the United stealing and ‘‘confiscating’’ furniture had on a school uniform. But there was States would maintain its position from abandoned homes. In Pec, Serbian forces herded young something very wrong with the pic- that it would not be a party to any set- Albanian women to the Hotel Karagac ture: She was hanging from a tree. tlement which, by way of a plea bar- [Kara-jack], and raped them repeat- Dead in Srebrenica. gain, gave immunity or absolved edly. The commander of the local base And then it came out that there was Milosevic or any other high-ranking used a roster of soldiers’ names to a major massacre of thousands of peo- diplomatic official or anyone from re- allow his troops to visit the hotel on a ple in that supposedly protected en- sponsibility for the war crimes war- rotating basis. clave by the Serbian military. And to ranted by indictments and warranted Violence in western Kosovo is strong- this day, 5,000 to 7,000 Muslim men and by the evidence. er than in any other region of the prov- boys are simply missing. A few have I commend Senator LANDRIEU for her been found in mass graves, but the leadership on this important resolu- ince. Pec was emptied of ethnic Alba- most still remain missing. tion, and I yield the floor. nians in 24 hours. In Djakovica’s [Jack- Mrs. FEINSTEIN. Mr. President, I o-vika] old city, Serbian forces burned This crime, too, was committed by rise to cosponsor the amendment of- 200 to 600 homes the day after NATO those who followed Mr. Milosevic’s or- fered by my colleagues from Pennsyl- airstrikes began. By the next day, the ders. vania and Louisiana expressing the rest of the old city had been torched. I would say that when any nation on sense of Congress regarding the need The U.N. High Commissioner for Ref- earth permits their military police to for vigorous prosecution of war crimes, ugees stated that the Djakovica region, wear hoods and cover their face while genocide, and crimes against humanity and I quote, ‘‘undoubtedly has been one they are carrying out their official du- in the former Republic of Yugoslavia. of the most violent and cruel in the ties, then you know that what they are This amendment expresses the Sense whole of Kosovo, turning it at times doing is not legal. of Congress that: into a virtual killing field.’’ And there can be little doubt that The United States should provide suf- In fact, the bulk of these crimes are those who conduct these activities in ficient resources for an expeditious in- being committed by the Serb para- Kosovo—be they in the Yugoslav mili- vestigation of the allegations of war military units, such as the ‘‘White Ea- tary or in paramilitary outfits such as crimes committed in Kosovo; gles’’ and ‘‘Tigers’’ under the direct the ‘‘White Eagles’’ or the ‘‘Tigers’’ The United States should provide all control of the Ministry of the Interior, —that they are acting on orders which possible cooperation to the Tribunal in and, in turn, accountable to Mr. come from Mr. Milosevic. the gathering of evidence; Milosevic. And now there are reports that Yugo- Where evidence warrants, indict- Indeed, the campaign waged by Mr. slav authorities have begun to dig up ments should be issued for war crimes Milosevic in Kosovo is a virtual cata- the mass graves in Kosovo in an effort and that the United States and all na- log of systematic crimes which I be- to destroy evidence that could be used tions have an obligation to honor ar- lieve merit investigation by the Inter- against them in war crimes trials. rest warrants; and, national War Crimes Tribunal. The Try as they might to hide their NATO should not accept a settlement crimes, to summarize, are: crimes, the world now knows what has in Kosovo that would bar the indict- Forced expulsions: Over one million happened in Kosovo. The regime of Mr. ment, apprehension, or prosecution of people have been forced from their Milosevic has been waging war on the war criminals. homes; people of the Balkans for close to ten During the past two months, Kosovo Looting and Burning: Some 500 resi- years now. The international commu- has witnessed carnage and bloodshed dential areas have been burned since nity must stand up to this, or we will

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5812 CONGRESSIONAL RECORD — SENATE May 24, 1999 set the stage for further bloodshed and As chair of the Seapower Sub- treatment that several sailors raised in tragedy in Asia, in Africa, and else- committee, I had the honor of wit- their encounters with me. where in Europe. Mr. Milosevic must be nessing firsthand the revolution in ca- I also include a provision in this leg- held accountable for the orders which pabilities by traveling to the Persian islation—of course, it was authored he has given, and the crimes which he Gulf to visit the sailors of the carrier with Senator KENNEDY—that would has ordered committed. Enterprise and the guided-missile create a Defense Department task force I urge my colleagues to join me and cruiser U.S.S. Gettysburg and the mine- on domestic violence. This is another the distinguished Senators from Penn- sweeper U.S.S. Ardent during the issue that has become a serious con- sylvania and Louisiana and support Easter recess. Without exception, the cern within our Armed Forces. this amendment. It sends a clear mes- men and women of these ships, forward This task force will consist of mili- sage to Mr. Milosevic and others who deployed between Iran and Iraq, dem- tary representatives, family advocacy commit crimes against humanity: You onstrated a solid commitment to de- program experts, and civilian domestic will be held accountable, and you will fending the interests of their nation in violence professionals to develop guide- be brought to justice. some of the most dangerous waters on lines for a coordinated response to this The PRESIDING OFFICER. Under the planet. tragic problem that has grown from 14 the previous order, the Senator from I listened and talked with dozens of reported cases per 1,000 families in 1990 Maine is recognized for 10 minutes. sailors and returned to Washington to 22 per 1,000 families by 1998. Ms. SNOWE. Mr. President, I rise in with a fresh understanding of the The second major provision of the strong support of the Fiscal Year 2000 human dimension of readiness. Only Kennedy-Snowe amendment mandates National Defense Authorization Act. dedicated people can deliver the capa- creation of a central departmentwide This critical legislation brings the bilities needed to project our military database to receive information on re- military to the threshold of a new cen- power. Far removed from their families ported domestic violence cases in the tury posing new challenges to the U.S. and the luxuries of life ashore, the Armed Forces. national security. Under the superb crews of the Enterprise, the Ardent, and No military family should endure the leadership of our distinguished chair- the Gettysburg admirably performed trauma, fear, and alienation that flows man, the senior Senator from Virginia, their missions of containing the Iraqi from acts of domestic violence. I am the Armed Services Committee has re- military and ensuring the freedom of hopeful that the Kennedy-Snowe ported a bill that shapes a more flexi- commerce. amendment will represent a crucial be- ble, mobile, and precision Total Force The diligence of the crews of these ginning in the process of setting stand- required for the future. ships makes a visitor forget their ards and imposing penalties to deter This bill takes a proven and funda- youth. From galleys and control rooms spousal and child abuse in the armed mental approach to enhancing our na- to flight decks and bridges, sailors co- services. tional defense by devoting more re- operated with professionalism to en- I want to highlight a few provisions sources to readiness and modernization under this legislation which were with- accounts and improving the quality of sure that our maritime power upheld in the jurisdiction of my Seapower life for military families. The total au- peace and stability. They reminded me that patriotism Subcommittee. I thank Senator KEN- thorized funding of $288 billion in the hinges on sacrifice, and that Congress NEDY, the ranking Democrat of the sub- legislation increases the administra- can perform no greater service in de- committee, along with the panel’s tion’s request by $8 billion and rep- fense policy than to improve the qual- other members, for their diligent work resents a 2.2-percent increase in real ity of life for military families. on this year’s legislation. terms over the fiscal year 1999 level. These responsible funding levels try Therefore, I think the legislation be- The Seapower Subcommittee held to rescue a defense budget that, as a fore us reinforces the wisdom of addi- five hearings in our review of the fiscal percentage of the Nation’s GDP, has tional personnel provisions in both this year 2000 budget request. Our hearings reached its lowest points in 50 years. In authorization bill, as well as the legis- focused on the overarching question of modernization programs—those for lation that was passed by the Senate how the Pentagon can sharpen its abil- weapons procurement—funding has that would increase the retirement and ity to reinforce U.S. political and eco- fallen by 67 percent since 1985. the pay for the members of our Armed nomic objectives overseas with an agile At the height of the Reagan buildup, Forces. The Bill of Rights Act, the maritime fleet. the Pentagon obligated $138 billion for pending legislation, as well as the fis- Towards this end, we explored pro- procurement. Since then, the spending cal year 1999 supplemental, will move grams designed to maintain the sea fell to a low point of $44 billion in 1997. closer to this goal by authorizing a lanes vital to international trade. The The fiscal year 2000 budget increases universal active-duty pay increase of subcommittee also summoned Navy the account to $56 billion, and I com- 4.8 percent, the largest since 1982, and and Marine Corps witnesses to discuss mend Secretary Cohen for planning the giving troops enrolled in the retire- strategic air and sealift in support of first budget of this administration that ment plan the option of drawing pen- regional commanders in chief, littoral brings procurement back to a threshold sion benefits calculated under the same force projection and protection, evolv- of $60 billion, as recommended by the formula as other personnel who served ing submarine requirements, and prior- Joint Chiefs of Staff, starting in the for at least 20 years. ities in the realms of research and ac- year 2001. I believe this certainly reinforces the quisition. The major weapons and systems au- conversations that I have had with a Witnesses before the Seapower Sub- thorized by this bill, particularly serv- group of senior noncommissioned offi- committee testified that the prolifera- ice combatants, strategic and tactical cers aboard the Enterprise who tion of weapons and advanced tech- aircraft, and high-speed armored vehi- stressed the need for equity in the Pen- nology caused by the willingness of cles, will give the armed services more tagon’s compensation and retirement countries to sell expertise, hardware, endurance and firepower at lower life systems. I repeatedly heard that uni- and technology present a challenge for cycle costs. Smooth construction ma- formed personnel could not obtain the United States to predict potential terials will deceive the enemy radars timely care for their families and wait- adversary threats. This trend of pro- that can detect the hard angles of older ed months on end for reimbursement. liferation shortens the timeline for an platforms. Information technologies As a result, I sponsored a provision in enemy to field an offensive weapon will give ships, tanks, and aircraft this bill permitting TriCare bene- that can disable our forces in any re- battlespace data that shows potential ficiaries to receive treatments at quali- gion of concern. enemy movements before they occur. A fied medical offices if they live more For these reasons, research and de- new series of rapid transporters will than 50 miles from a DOD health in- velopment in systems designed to bring forces to the shorelines of insta- stallation. This initiative, coupled with counter enemy air, land, and sea- bility. And from safe distances in the the Bill of Rights Act, directs to the launched missiles, in addition to anti- air or at sea, smaller crews will pro- Defense Department to rely on more ef- ship torpedoes and mines, will enhance gram missiles for strategic inland tar- ficient claims processing procedures to the Navy’s capacity to deter conflict gets. tackle the issue of access to quality throughout the littoral areas of the

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5813 globe. These coastal zones, within 200 During the cold war, Marines were these challenges of both the littorals miles of any sea, contain three-quar- called upon to respond to a threat on and the open ocean warfare. ters of the world’s population, 80 per- average of once every 15 weeks. Since Quantity has a quality of its own, es- cent of the capital cities, and the 1990, the Marines have been responding pecially when naval operations occur major corridors of commerce. to a threat once every 5 weeks. That is at the same time in different geo- Subcommittee witnesses expressed a threefold increase. So as a result of graphic regions. The Seapower portion concern that traditional threats, as the naval force structures, as one wit- of the bill therefore adds $375 million well as nontraditional threats, from ness said during the Seapower Sub- advanced procurement for the LHD–8 hostile countries and international ter- committee’s first hearing, there is ‘‘no and extends the DDG–51 multiyear pro- rorists would attempt to disrupt sea- shock absorbency left’’ when it comes curement authority to include the fis- going trade and military operations. to our force structures and the de- cal years 2002 and 2003 ships. They pointed out that over 50 countries mands they are placing on our naval The committee, however, remains possessed over 150 types of naval mines; and marine forces. concerned with the overall ship- over 60 countries have inventories of Again, as this chart will illustrate in building rate included in the adminis- more than 60 types of torpedoes; over terms of where we are today on the 300- tration’s budget requests. The topic of 75 countries have more than 90 types of ship Navy, we are going to have to ship force structure was discussed more antiship cruise missiles; and by 2016, 40 build, on an annual rate, 8 to 10 ships a than any other issue in the Seapower to 50 countries will deploy at least one year in order to sustain a 300-ship hearings. theater ballistic missile. Navy. We are going to decline pretty Witnesses stated repeatedly that the Navy and Marine Corps witnesses tes- rapidly. As we are in 1999, we have 315 current force structure of 324 ships al- tified that their services will function ships; for the year 2000, 314; by the year ready strains worldwide operations. as the force of choice in the 21st cen- 2005, we will be down to 305 ships. In This problem will only grow, since the tury. They based this assessment on order to sustain 300 ships, we will have projected size of the fleet, as I said, compelling demographic facts. Water to increase the number of ships we are will decrease to 305 platforms in the covers 70 percent of the world’s surface, building to 8 to 10 a year from the 6 we next 5 years. Unfortunately, the Department of and by the year 2010, over 70 percent of are building currently. Defense has provided few specifics on the world’s population will live in Based on the testimony, and also my the planned size of the Navy force urban areas within 300 miles of a coast- visits to the deployed fleet units, and structure beyond the calendar year 2015 line. discussions with the Navy, the Marine and how it intends to address the im- An ever-increasing world popu- Corps, the Army and Air Force offi- pending ship shortfall problem beyond lation—to top 7.5 billion by the year cials, the subcommittee reached the lowering acquisition costs and reducing 2015—will only intensify this surge of following conclusions: the size of ships’ crews. urbanization and leave new environ- First, the Navy and Marine Corps ca- The time has come for the adminis- mental, housing, and health care prob- pabilities must remain ahead of the tration to demonstrate an under- lems in its wake. threats designed to disrupt or deny standing of the ship acquisition prob- Competition among ethnic and reli- maritime operations on the high seas lem and to share with Congress a sys- gious populations will furthermore and in the littorals. To respond to this tematic plan to address this serious na- make the urbanized littorals ripe for conclusion, the Seapower portion of tional security concern. conflict in the 21st century. The Navy this bill adds $213 million to the budget The report accompanying this bill re- and Marine Corps can, therefore, use request for research, development, quires the Secretary of Defense to sub- the sea area as an operating base and a testing, and evaluation. mit, with the fiscal year 2001 budget re- maneuver space without permission Second, the Navy and Marine Corps quest, a report that details the Depart- from a foreign country. In this context, future readiness will decline if recapi- ment’s long-range shipbuilding plan maritime forces can serve as a first talization and modernization are de- through fiscal year 2030 and describes echelon of U.S. military power projec- ferred. I think again these charts illus- the annual funding required to procure tion. trate the problem. So to respond to 8 to 10 ships a year between fiscal years Force modernization must subse- this challenge, the Seapower portion of 2001 and 2020. quently remain on schedule since this bill adds $1.068 billion to the budg- Finally, attack submarines have America needs high-technology fleet et request for procurement. reached the limits of sustainable oper- able to steam at a moment’s notice to Third, strategic sea and airlift are re- ations. The submarines of the 21st cen- any point on the planet. Our witnesses, quired to support daily operations tury will generate key strategic and however, cited a number of budgetary overseas, emergent requirements, and tactical intelligence, deploy surveil- and operating tempo developments sustained military campaigns of a lance and reconnaissance teams, and that compete with core modernization major theater war. The force deploy- enhance the firepower of carrier battle requirements. ment goals of the 1995 Mobility Re- groups. In recognition of these facts, From 1988 to 1998, the Navy’s total quirements Study Bottom-Up Review the bill approves the request of $116 obligational authority, in constant 1998 Update established the strategic lift re- million for submarine advanced tech- dollars, decreased by 40 percent. Coin- quirements as those required for one nology and adds $22 million for the Ad- cident with this decrease, the Navy and major theater war and, later, to swing vanced Deployable System. Marine Corps have experienced a dra- that lift to support the second nearly Finally, the key to reducing the op- matic increase in forward presence and simultaneous MTW. erating costs of ships lies in research contingency operations. So to respond to this challenge, the and development to design future ships In the past 50 years, naval expedi- bill adds $40 million to the budget re- that can operate effectively with tionary forces have responded to over quest for national defense features in smaller crews. Our bill approves well- 250 crises worldwide. Since 1992 alone, ships. funded research and development pro- as this ‘‘Commander-in-Chief Require- In addition, the full committee ap- grams for developing new ship designs ments’’ chart illustrates, naval forces proved the budget request for $3 billion to reduce overall life-cycle costs. have responded to 77 different contin- for procurement of 15 C–17 aircraft, $70 All of these naval programs, as well gency operations or threats around the million for modifications to the C–5 as the major systems of the other three world—that is between 1992 and 1998— aircraft, $170 million for the C–17 re- Services, will require an adequate do- while between the years of 1988 and search and development, and $63 mil- mestic basing structure for mainte- 1991, they only responded to 27 dif- lion for the C–5 research and develop- nance and deployment. This factor, ferent threats worldwide. So it shows ment. along with the changing mix of threats the disparity in the threats between Fourth, the Navy must build no fewer to our national security, triggered the this decade and the previous decade, to than 8 ships per year to maintain a two bipartisan Armed Services Com- show the tremendous pressures that force structure of approximately 300 mittee votes this year against amend- are being placed on our naval and our vessels, as I mentioned earlier. Ship de- ments authorizing additional base re- marine forces. signs and technologies must respond to alignment and closure rounds.

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5814 CONGRESSIONAL RECORD — SENATE May 24, 1999 The committee first rejected the Mr. WARNER. Madam President, I ask unanimous consent that the BRAC amendments because no base first I thank our distinguished col- distinguished Senator from Maine be closure round yet has yielded the tax- league from Maine. She comes from a added as a cosponsor to the Roberts- payers any clear or proven savings. To great State which has a maritime tra- Warner amendment now pending at the appreciate this point, one only need to dition that really predates the United desk. consider the conclusion of the leading States of America. Am I not correct in The PRESIDING OFFICER. Without advocate of BRAC, the Department of that? objection, it is so ordered. Defense. DOD’s April 1998 base closure Ms. SNOWE. That is correct. Mr. WARNER. Madam President, I report to Congress stated explicitly Mr. WARNER. How fortunate we are understand the order is our distin- that ‘‘no audit trail, single document, in the Senate to have one with that guished colleague, also a new member or budget account exists for tracking traditional background as now head of of our committee and one who has cer- the end use of each dollar saved the Seapower Subcommittee of the tainly pulled her weight by a margin of through BRAC.’’ Armed Services Committee of the Sen- two in her service on the committee. Furthermore, the conflict in Kosovo ate. You share that with another dis- AMENDMENT NO. 384 illustrates how hostilities can strain tinguished colleague in the next-door The PRESIDING OFFICER. Under a our ability to project military power in State of Massachusetts, Senator KEN- previous unanimous consent order, the unstable areas of the world. Since this NEDY, who is the ranking member. We Senator from Louisiana is recognized war began in March, the United States are well represented on this com- for 30 minutes. has diverted its only aircraft carrier in mittee. Ms. LANDRIEU. I thank the Chair. the Western Pacific, near North Korea, I commend you for your report and Madam President, I thank our chair- to Serbia’s Adriatic Sea basin. We have bring to the attention of the Senate man for the fine work that he has done more than 400 aircraft from airfields and the American people the under- in bringing this very important bill to across the country now engaged over lying theme of our pay bill, how many the floor and to acknowledge the work Kosovo. times our men and women of the of my colleague from Maine. As a Sen- In the meantime, the Department of Armed Forces are required now in mis- ator who represents another State with Defense has almost depleted the Na- sions beyond our shores. That is very a great maritime tradition, I most cer- tion’s air-launch precision missile important. Of course, as to the 300-ship tainly appreciate the hard work and stocks, strained our aerial tanker fleet, Navy—a famous figure—I hope that the intensity to which she brings to and called up 33,000 reservists. Congress you and I and others can hold the line, bear in making sure we maintain ade- and the administration should there- because we are a maritime Nation. Our quate naval power to support all of our fore consider how to improve, rather entire economic strategy is dependent missions around the world. Her leader- than phase out, the shore- and land- on the security of our overseas mar- ship has been tremendous. I look for- based systems that sustain our de- kets and the ability to get our products ward to working with her, along with ployed forces. out. Our entire defense strategy is de- our chairman, in the years to come. We cannot forget that America’s pendent on what we call forward de- Mr. WARNER. Madam President, overseas basing infrastructure has de- ployment. The ships of the Navy are a could I interrupt the Senator. I ask clined by more than 40 percent since lifeline protection for both our eco- unanimous consent that at 5:30 today— the end of the cold war. The four pre- nomic as well as our national security I beg the forgiveness of the Chair and vious BRAC rounds have eliminated responsibilities in this country. I com- our distinguished colleague. about 25 percent of domestic military mend the Senator. The PRESIDING OFFICER. The Sen- installations. Ms. SNOWE. I thank the chairman ator from Louisiana. The key challenge of the 21st century for his comments. I certainly feel privi- Ms. LANDRIEU. On an equally im- force will focus on long-range deploy- leged to chair the Seapower Sub- portant note, I rise to support the ments from American territory to pro- committee and to focus on some of the sense-of-the-Senate resolution, now in tect interests and allies on short no- critical challenges facing our naval amendment form, offered by the distin- tice. We need a master base plan, still forces in the future. Having had the op- guished Senator from Pennsylvania undeveloped, that identifies categories portunity to visit our personnel on the and myself. We feel very strongly of ports, staging grounds, airfields, de- U.S.S. Enterprise, the U.S.S. Gettysburg, about presenting it to the whole cham- pots, and maintenance facilities to and the U.S.S. Ardent, I had a firsthand ber, and we hope to get a very strong meet these strategic requirements. The appreciation of the pressures placed on bipartisan vote, in just a few minutes, administration cannot ask Congress to the men and women in our Armed on this resolution. approve more closure commissions in a Forces and the more we need to sup- Madam President, at the close of vacuum about what physical support port them in every way possible. That World War II, Europe was devastated. assets at home the troops of tomorrow is why I think the pay and retirement The allied armies, in liberating East- will need to complete their missions provisions are all necessary, given the ern Europe, had uncovered a horror be- abroad. demands that are being placed on our yond imagination—6 million Jews, This authorization bill advances the naval forces overseas. The deployments men, women, and innocent children, goals of shaping the modernized Armed are longer and they are more rigorous. had been massacred, and millions of Forces on which Americans will rely to It is becoming far more difficult for other civilians and soldiers had been safeguard their interests in a changing them when they return to home port killed on all sides by fruitless wars of and volatile world. because they have to begin retraining. aggression. I again thank the committee chair- So there is very little time for them to Once Germany itself had been occu- man, Senator WARNER, for his leader- prepare for the future and also the de- pied, the documentary evidence of ship, and the ranking member, Senator mands that these challenges present in these atrocities came to light. Along LEVIN, for his leadership as well in keeping them from their families. We with victory came the eventual capture crafting this significant bipartisan leg- have to recognize that. I think the ad- of the Nazi leadership, and slowly but islation. I urge all Senators to support ministration has to recognize that in surely, the German war leaders who did it. terms of the number of contingency op- not kill themselves outright, fell into PRIVILEGE OF THE FLOOR erations, that, ultimately, is really allied hands. At that time there were Mr. President, I ask unanimous con- putting a tremendous strain on all of two competing ideas on how to deal sent that Laurell Brault, my military our armed services. with these prisoners. The English and fellow, be given floor privileges during Mr. WARNER. Madam President, I the Russians simply wanted to take the Senate consideration of S. 1059. thank our distinguished colleague. I the leaders of Nazi regime outside and The PRESIDING OFFICER. Without dare say that she will establish a shoot them. After all, it was the way objection, it is so ordered. record far superior to that of her prede- victors had treated the vanquished in The PRESIDING OFFICER (Mrs. cessor; namely, the Senator from Vir- Europe for hundreds of years, particu- HUTCHISON). The Senator from Vir- ginia, as chairman of the Seapower larly when the vanquished had been so ginia. Subcommittee. merciless themselves.

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5815 However, the American Secretary of For a number of reasons, mostly po- sible for the mass execution, the rapes, War, Henry Stimson, proposed a very litical, the international community gang rapes and arson, but such evi- different, and actually, radical solu- has simply not grasped the opportunity dence rarely addresses the crimes of a tion. He wanted to use the atrocities that this international tribunal has of- country’s leadership. Such is the case perpetrated by Nazi Germany to make fered to us. in Kosovo. Milosevic is not out in the real the notion of international law. In In the 6 years since its formation, the field shooting civilians himself, but the retrospect, it seems very strange, in- Tribunal has indicted 84 people. How- situation certainly looks as if he is deed, that a Secretary of War would be ever, of those 84 indicted, it has com- issuing the orders—proving that con- the primary advocate for holding a pleted only 6 trials. Twenty-five others nection requires intelligence sources legal proceeding. But Secretary are now in custody, either awaiting that only we and our NATO allies can Stimson was wise. He understood some- trial, or involved in proceedings. But provide. And we should do it forthwith. thing very fundamental: America had six convictions in 6 years is a very me- Additionally, we cannot be afraid of not joined World War II to prop up the diocre showing for a conflict that was where the war crimes evidence leads. same, tired cycle of war and revenge marked by intense brutality on all This resolution will make it clear that that had made Europe the bloodiest sides. Furthermore, the most signifi- no one—no one—will be exempt. We continent on Earth during the 20th cant war criminals remain at large. We shall not compromise long-term peace century. We entered the war to create are aware of where they are, but they prospects for short-term political expe- a fair and lasting peace. We had no ter- continue operating unmolested. The re- diency. Wherever the evidence leads, ritorial demands. We asked for no war ality is that while the vast majority of indictments will follow. reparations, and we did not come to war crime indictments were against Equally important, this resolution loot and rob Germany of its treasures. Bosnian Serbs, the Croatian and Mus- reflects the fact that all nations have All we wanted in exchange for the lim indictees are far more frequently an obligation to honor arrest warrants great sacrifice that we made as a peo- held in custody because their govern- issued by the International Criminal ple was the assurance that after the ments have been cooperating with the Tribunal. Many of those already in- war, peace, democracy and freedom Tribunal. dicted are living normal lives while would prevail. Unfortunately, the moment for effec- their whereabouts are well known. The Nuremberg trials were one of the tive action has passed and the results Such selective prosecution and inac- central steps in fulfilling this objec- are clear. When we do not uphold the tion breeds cynicism and creates an at- tive. Instead of revenge, the trials principles established at Nuremberg, it mosphere that supports the sort of stood for justice. Instead of collective gives license to thugs and dictators to thugs now operating in Serbia. It un- blame, these trials stood for individual pursue their aims by brutality and ille- dermines our effort and it should not accountability. Instead of Europe’s gal means. We can only wonder if there be tolerated. This must stop. bloody past, the Nuremberg trials held would have been different headlines The resolution we introduce today the promise that we could break the today had we been more insistent that calls on the United States to use all ap- cycle of violence. the perpetrators of war crimes in Bos- propriate means to apprehend war Over 50 years since the conclusion of nia stand before the bar of justice. criminals already under indictment. those trials, the Nuremberg principles I am joined by my colleague, the sen- Lastly, and most critically, this reso- are being called into question. I believe ior Senator from Pennsylvania, in in- lution insists that NATO should not ac- we reached the right conclusions at troducing this amendment that seeks cept any diplomatic resolution to the those trials. We hit upon some uni- to prevent a repeat of our mistakes. war in Kosovo that would bar the in- versal truths about what needs to be Let us make the Tribunal truly effec- dictment, apprehension, or prosecution done to bring true peace to a region tive. That is what this amendment of- of war criminals. The proper resolution wracked by war. We determined it was fers. The chief prosecutor, Justice of this conflict may be our last oppor- necessary to establish justice, to hold Arbor, has made clear that the Tribu- tunity to bring a lasting peace to this individuals accountable for their acts, nal’s jurisdiction does extend to region. It cannot be done if those re- and to try to stop future wars of re- Kosovo. We need to ensure that when sponsible for the war are not punished venge. Those principles ring true even this war is over—and one day, hope- for their actions. today. fully soon, it will be—the parties re- It is often easier to exclude tyrants Ironically, as this map shows and as sponsible for these crimes will be made from justice to secure a temporary lull we are well aware, another conflict in to answer personally. Our amendment in the fighting than to support a thor- Europe now puts the lessons of the addresses a number of the obstacles ough and complete peace. If we go for Nuremberg Trials to the test. We began currently facing the tribunal. easy answers, we will doom the people strongly enough. In May of 1993, the First, the amendment asks that the of that region to repeat these same United Nations Security Council cre- United States, in coordination with horrors again and again. As historians ated the first international war crimes other United Nations contributors, pro- have often noted, one war frequently court since the Second World War, vide the resources necessary for a rig- sows seeds for the next. This is particu- since the Nuremberg trials. The Inter- orous investigation of the war crimes larly true of the kind of incessant eth- national Criminal Tribunal for former committed in Kosovo. I am happy to nic warfare going on in the Balkans. Yugoslavia was formed to investigate report, as was mentioned by my friend The only way to change this reality is and try war crime cases resulting from from Pennsylvania, that an additional to insist that individuals be held ac- the war in Bosnia. It was hailed then as $18 million has already been passed by countable for their barbaric actions the first step towards reconciliation of this Senate in the supplemental appro- and be brought to justice. the warring factions. priations bill for this specific purpose. People must understand that there If the international community could At present, the Tribunal has a mere 70 are international standards of behavior bring justice to Bosnia, if they could investigators at its disposal. This num- and they will be held accountable. It expose the wanton destruction of ber covers not only the 600,000 refugees makes a huge difference in the way human life by the Bosnian Serbs, there from Kosovo, but all of the ongoing in- they interact with their neighbors. In might be a real chance for the same vestigations of Bosnian war crimes. short, we must demonstrate that might collective soul searching that occurred Clearly, the Tribunal is undermanned does not make right and that no one in Germany at the end of World War II. to undertake a project of the enormity can benefit from the misery of their That reflection and acknowledgment of presented by Kosovo. neighbors. wrongdoing has generated a peace be- Secondly, the resolution calls on our Our State Department recently tween the great powers of Western Eu- Government, through our intelligence issued a report entitled ‘‘Erasing His- rope that was simply unthinkable at services, to provide all possible co- tory: Ethnic Cleansing in Kosovo.’’ the beginning of this century. If it can operation in the gathering of evidence This is one of a hundred pictures that happen between the Germans and the necessary to prosecute war crimes. have been taken, showing the horrors French, why not between the Croats While testimonial evidence is sufficient of mass executions and murder of inno- and the Serbs? to bring charges against those respon- cent men, women and children. That

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5816 CONGRESSIONAL RECORD — SENATE May 24, 1999 report details much of what is already about adding reference to the United Mr. WARNER. Madam President, I known—700,000 refugees forced to flee Nations. Clearly though, it is a NATO don’t intend to take the Senator’s their homes; 500 villages looted and conflict. time. I intend to support the resolu- burned; at least 70 instances of sum- Mr. WARNER. Let me proceed to an- tion. I thought a colloquy would bring mary executions; the systematic rape other item. out questions that others might have of women and young girls, and the list The Senator used the key phrase, she in mind and would clarify any doubts. goes on. doesn’t want any amnesty or anything Madam President, thank you. What is odd about ethnic cleansing is to prohibit the prosecution, and I think Mr. LEVIN. If the Senator will yield that while it tries to erase history, it the Senator said ‘‘of those who are further while she is being interrupted, actually has the opposite effect. It guilty.’’ But who has to establish guilt I want to commend the good Senator brands indelibly into people’s minds in terms of who is and who is not from Louisiana for her steadfastness, the memories of the fire, torture, the guilty? It seems to me if this were to and for the sponsors’ steadfastness on shooting, the rape, the running, the read that it would ‘‘bar the indictment, that very point. There was no provision horrors of the night and the morning. apprehension, or prosecution of persons for amnesty in Dayton. There was no The entire history of the Balkans reads alleged to have committed,’’ because provision for amnesty at Rambouillet. like one giant tragedy where the past the Senator said ‘‘war criminals,’’ that There should be no such provision, nor motivates evil in the present. Instead could be interpreted as saying some- should the door be opened a crack to of erasing history, Yugoslavia must body is already designated one, two, any such possibility. People must be move beyond it, and NATO needs to three, and four as a war criminal and, held accountable for war crimes. I do continue to press them in that direc- therefore, you cannot give them am- not think for 1 minute that there is tion to achieve those ends. Justice, nesty, but there are some, I would pre- room for negotiation on that issue, or provided impartially and equally, is sume, in this conflict who have not else we will see an endless repetition of the most effective means for doing been designated ‘‘war criminals’’ but the kind of cleansing of ethnic groups that, and we can do that through a there are allegations to that effect, and that we have seen in the Balkans. I commend the sponsors, and particu- strong, well-financed, determined War they would have to proceed through larly the Senator from Louisiana for Crimes Tribunal. the indictment process. But as this is her strength and support. There may be no clean hands in the written, the date of the agreement Mr. WARNER. Madam President, I might cut off a class of individuals who Balkans, but there can be new begin- likewise commend the esteemed col- are guilty but have not been as yet des- nings. I believe this resolution will an- league and Senator from Louisiana for ignated ‘‘war criminals.’’ chor the United States policy to cre- an important amendment which will ating one. Do I make myself clear? Ms. LANDRIEU. I understand, I be- send a signal at this time. It is very I would like to put up another chart timely. lieve, what the Senator from Virginia of something that shows a video cap- I wish to commend my distinguished is asking me. But I think the language ture from a tape recently smuggled out colleague from Pennsylvania. It is a of Yugoslavia. of this amendment covers his concerns. very interesting combination of two Mr. WARNER. Madam President, will We have not been allowed into Kosovo Senators coming to the floor on an im- the Senator allow me to interrupt to 1 day, but when we are, it will reveal portant point. make a unanimous-consent request? atrocities and evidence of those respon- Ms. LANDRIEU. I thank the Senator. Ms. LANDRIEU. Yes. sible. It will happen in the same way as The Senator from Pennsylvania surely Mr. WARNER. Madam President, I when we entered into Central Europe brings a tremendous amount of exper- ask unanimous consent that at 5:30 to find the concentration camps. This tise, having been a prosecutor and hav- today, which is just minutes away, the resolution simply states that no reso- ing dealt with these issues on a domes- Senate proceed to vote on or in rela- lution of this conflict should give im- tic basis and an international basis. tion to the Specter-Landrieu amend- munity in advance to anyone who Let me just conclude by pointing out ment No. 384 with no amendments in could be charged and then later con- and explaining what this picture is. order to the amendment. victed of war crimes. This looks like a picture of people The PRESIDING OFFICER. Without I think the language is clear on that burying bodies. But actually, because objection, it is so ordered. intent. this is part of a 20-minute video, this is Mr. WARNER. Madam President, I Mr. WARNER. Let’s hope this col- a snapshot, of people exhuming bodies, now ask for the yeas and nays. loquy has cleared up any other ques- digging up a mass grave, to try to hide The PRESIDING OFFICER. Is there a tions. Before we started the debate, I or relocate these victims. The State sufficient second? talked with the Senator, and I thought Department believes that the Serbs are There is a sufficient second. she was very candid in her private com- placing the bodies around bomb sites to The yeas and nays were ordered. ments to me. mislead the Yugoslavian people and the Mr. WARNER. Madam President, if I Supposing that this frightful conflict international community. might draw the Senate’s attention to drags on and the only basis on which This is an important part of the the last paragraph, which is section 5, anyone can reach any resolution is the world. If I can close by putting up a can the Senator read that? question of amnesty, do I understand map of Yugoslavia—this is not a small, It says: ‘‘NATO should not accept the Senator’s position to be that under insignificant area—Yugoslavia lays in any diplomatic resolution to the con- no circumstances should the sole re- the heart of Europe on the Mediterra- flict in Kosovo that would bar’’—and maining provision to stop this conflict nean Sea where civilizations have then, my first question is, Is it conceiv- be waived by those negotiating and lasted for thousands and thousands of able that the United Nations should those who eventually have to accept years. We have fought wars and mil- likewise not accept any? I mean in the the resolution? Is that your position? lions of soldiers have died. Americans final analysis, it is difficult to predict Ms. LANDRIEU. Absolutely. It is have spent fortunes and generations of now. Certainly NATO will have a voice quite a serious point of this resolution, blood helping Europe to achieve peace. in the matter. But it could be that this and I recognize that it may take a tool In large part we have succeeded. With thing would be involved before the off the table, but it is purposefully this one important exception. Estab- United Nations. Is the spirit of this to done that way. I happen to believe it lishing law and order through the Tri- include the United Nations, so to would be a great mistake for this Na- bunal is the first step on a long road of speak? tion and our NATO allies to enter into recovery. That is the point of this reso- Ms. LANDRIEU. Yes. I would say so. any agreements that give immunity to lution. The spirit of this resolution is clear people who are charged with war I hope we will be successful today, that no diplomatic end to this war crimes, with the brutality of gang and that it will give us the strength to should allow any immunity for those rapes, and torture. And there are hun- maintain our resolve to bring justice to who are guilty of war crimes. dreds of examples that we have had people who are depending on us. I would have no objection. I would now from eyewitness accounts that we Thank you, Madam President. I yield want to talk with Senator SPECTER hope to prosecute. the floor.

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5817 Mr. LEVIN. Madam President, I ask Mr. NICKLES. Mr. President, Sen- to finish this bill tomorrow night. It unanimous consent that I be added as a ator MURKOWSKI was unable to cast a simply is not possible to do. cosponsor to the amendment. vote on this amendment because of un- We in the minority are going to co- One of the points raised by the Sen- avoidable flight cancellations back to operate in every way we can. The fact ator from Virginia is a technical draft- Washington. that we have these two fine managers ing issue, which I think is a relevant Mr. WARNER. Mr. President, I move doesn’t mean we can perform a mir- one. I believe we can correct it in con- to reconsider the vote. acle. ference. I think its importance was Mr. LEVIN. I move to lay that mo- Additionally compounding the issue, pointed out. tion on the table. I have been told that there has been an The PRESIDING OFFICER. The hour The motion to lay on the table was amendment filed dealing with the of 5:30 having arrived, the question is agreed to. Kosovo situation that could take days of debate, not hours of debate. on agreeing to Amendment No. 384. Mr. WARNER. Mr. President, at this We are willing to cooperate. There is The yeas and nays have been ordered. time on behalf of the distinguished ma- no one on this side who wants to hold The clerk will call the roll. jority leader, I ask unanimous consent up this bill for any purpose other than The legislative clerk called the roll. that at 9:30 on Tuesday, tomorrow, the Mr. NICKLES. I announce that the the fact that we want to have a good Senate resume the DOD authorization Senator from Alaska (Mr. MURKOWSKI), bill. In short, we have shown in the bill and Senator SMITH of New Hamp- the Senator from Arizona (Mr. past few months since this Congress shire be recognized for up to 20 minutes MCCAIN), and the Senator from Arkan- has been in session that we have co- on a matter regarding the historic con- sas (Mr. HUTCHINSON) are necessarily operated every way we can, as indi- nection of the U.S.S. Indianapolis to absent. cated by the work that was done in re- the history of our Nation, to be imme- I further announce that, if present ducing 91 Democratic amendments on diately followed by 30 minutes for de- and voting, the Senator from Arkansas the juvenile justice bill to a mere bate, equally divided, with an addi- (Mr. HUTCHINSON) would vote ‘‘yea.’’ handful of amendments so we could get Mr. REID. I announce that the Sen- tional 10 minutes under the control of that passed by Thursday evening. Senator GRAMM relative to Senator ator from Delaware (Mr. BIDEN), the In short, we want to help. We want to ROTH’s amendment regarding Admiral Senator from Georgia (Mr. CLELAND), cooperate in any way we can. But we Kimmell and General Short. the Senator from Wisconsin (Mr. FEIN- cannot be part of this miracle, because I further ask consent that following GOLD), the Senator from Massachusetts it won’t happen. that debate, the amendment be tempo- (Mr. KENNEDY), the Senator from Con- Mr. LEVIN addressed the Chair. rarily set aside and there then be 1 necticut (Mr. LIEBERMAN), the Senator The PRESIDING OFFICER. The Sen- hour for debate equally divided relative from Rhode Island (Mr. REED), and the ator from Michigan. Senator from New Jersey (Mr. to the Roberts-Warner amendment No. Mr. LEVIN. Mr. President, let me 377. TORRICELLI) are necessarily absent. thank the Senator from Nevada for not I further announce that, if present I further ask that following that de- only all of his help in getting bills and voting the Senator from Rhode Is- bate, the amendment be laid aside and passed but also in realistically assess- land (Mr. REED) and the Senator from then there be up to 1 hour equally di- ing situations, which is part of his job. Connecticut (Mr. LIEBERMAN) would vided relative to the Wellstone amend- I must say, given the amendments we each vote ‘‘yea.’’ ment No. 382. already know of, while I am hopeful, The PRESIDING OFFICER (Mr. FITZ- I finally ask consent that at 2:15 on too, of completing action on this bill at GERALD). Are there any other Senators Tuesday, the Senate proceed to a vote some point this week, I do not see how in the Chamber desiring to vote? on or in relation to the Roth amend- the hopes, as expressed here, can come The result was announced—yeas 90, ment and, following that vote, the Rob- to reality, given the substance of some nays 0, as follows: erts-Warner amendment No. 378 be of these amendments. [Rollcall Vote No. 141 Leg.] agreed to and the Senate immediately Again, the Kosovo amendment alone, I think, would precipitate a significant, YEAS—90 proceed to a vote on amendment No. 377, as amended, to be followed by a lengthy debate on this floor, given all Abraham Edwards Lott Akaka Enzi Lugar vote on or in relation to amendment of the circumstances and the length of Allard Feinstein Mack No. 382, with 2 minutes for explanation time which that subject has already re- Ashcroft Fitzgerald McConnell prior to each vote. quired for debate, and the fact that we Baucus Frist Mikulski are in the middle of a conflict right Bayh Gorton Moynihan For the information of all Sen- Bennett Graham Murray ators—— now, and the ramifications for that Bingaman Gramm Nickles The PRESIDING OFFICER. Is there conflict and the signals which would be Bond Grams Reid sent to the prime creator of that con- Boxer Grassley Robb objection? Breaux Gregg Roberts Mr. LEVIN. Reserving the right to flict, Mr. Milosevic. It would be a Brownback Hagel Rockefeller object, Mr. President—no objection. lengthy debate, I think. I would like to Bryan Harkin Roth finish this bill by Wednesday, too, but The PRESIDING OFFICER. If there Bunning Hatch Santorum I just can’t see, given that amendment Burns Helms Sarbanes is no objection, so ordered. and other amendments which are sig- Byrd Hollings Schumer Mr. WARNER. I thank the Chair. Campbell Hutchison Sessions nificant, that that is a realistic assess- Chafee Inhofe Shelby For the information of all Senators, ment. Cochran Inouye Smith (NH) the next votes will occur at 2:15 p.m. on Collins Jeffords Smith (OR) Mr. REID. Will the Senator yield for Conrad Johnson Snowe Tuesday. It is the hope of leadership a question? Coverdell Kerrey Specter that passage could occur by close of Mr. LEVIN. I would be happy to. Craig Kerry Stevens business Tuesday night or Wednesday Crapo Kohl Thomas Mr. REID. It is not a member of the Daschle Kyl Thompson morning. On behalf of the majority minority who filed that amendment. It DeWine Landrieu Thurmond leader and, I am sure, the minority is a member of the majority who has Dodd Lautenberg Voinovich leader, we urge our colleagues to do ev- filed that amendment; is that true? Domenici Leahy Warner erything they can to make this pos- Dorgan Levin Wellstone Mr. LEVIN. That is correct. Durbin Lincoln Wyden sible. Mr. DOMENICI addressed the Chair. NOT VOTING—10 The distinguished whip. The PRESIDING OFFICER. The Sen- Mr. REID. Mr. President, I don’t Biden Kennedy Reed ator from New Mexico. Cleland Lieberman Torricelli know of two more able managers of a (The remarks of Mr. DOMENICI per- Feingold McCain bill than the Senator from Virginia and taining to the submission of S. Res. 106 Hutchinson Murkowski the Senator from Michigan. But on be- are printed in today’s RECORD under The amendment (No. 384) was agreed half of the minority, I say that it ‘‘Submission of Concurrent and Senate to. would break all records of the Senate Resolutions.’’)

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5818 CONGRESSIONAL RECORD — SENATE May 24, 1999 AMENDMENT NO. 388 most unfair, unjust, and deceptively dis- I think they demonstrate, beyond (Purpose: To request the President to ad- honest document ever printed by the Govern- question, the thoroughness with which vance the late Rear Admiral (retired) Hus- ment Printing Office. the investigation had proceeded. band E. Kimmel on the retired list of the After the end of World War II, this The findings of these official reports Navy to the highest grade held as Com- scapegoating was given a painfully en- can be summarized as four principal mander in Chief, United States Fleet, dur- during veneer when Admiral Kimmel points. ing World War II, and to advance the late and General Short were not advanced First, there is ample evidence that Major General (retired) Walter C. Short on on the retired lists to their highest the retired list of the Army to the highest the Hawaiian commanders were not grade held as Commanding General, Hawai- ranks of war-time command—an honor provided vital intelligence that they ian Department, during World War II, as that was given to every other senior needed, and that was available in was done under the Officer Personnel Act commander who served in war-time po- Washington prior to the attack on of 1947 for all other senior officers who sitions above his regular grade. Pearl Harbor. served in positions of command during Admiral Kimmel, a two star admiral, Second, the disposition of forces in World War II) served in a four star command. General Hawaii were proper and consistent with Mr. ROTH. Mr. President, I send an Short, a two star general, served in a the information made available to Ad- amendment to the desk. three star command. Let me repeat, miral Kimmel and General Short. The PRESIDING OFFICER. Without advancement on the retired lists was In my review of this fundamental objection, the previous amendments granted to every other flag rank officer point, I was most struck by the honor will be set aside, and the clerk will re- who served in World War II in a post and integrity demonstrated by General port. above their grade. George Marshall who was Army Chief That decision against Kimmel and The assistant legislative clerk read of Staff at the time of the December 7, Short was made despite the fact that as follows: 1941 attack on Pearl Harbor. war-time investigations had exoner- On November 27 of that year, General The Senator from Delaware [Mr. ROTH], for ated these commanders of the derelic- himself, Mr. BIDEN, Mr. THURMOND, and Mr. Short interpreted a vaguely written tion of duty charge and criticized their KENNEDY, proposes an amendment numbered war warning message sent from the 388. higher commands for significant high command in Washington as sug- failings that contributed to the success Mr. ROTH. Mr. President, I unani- gesting the need to defend against sab- of the attack on Pearl Harbor. More mous consent that reading of the otage. Consequently, he concentrated than six studies and investigations amendment be dispensed with. his aircraft away from perimeter roads conducted after the war, including one to protect them, thus inadvertently in- The PRESIDING OFFICER. Without Department of Defense report com- objection, it is so ordered. creasing their vulnerability to air at- pleted in 1995 at Senator THURMOND’S tack. When he reported his prepara- (The text of the amendment (No. 388) request, reconfirmed these findings. is printed in today’s RECORD under Our amendment is a rewrite of Sen- tions to the General Staff in Wash- ‘‘Amendments Submitted.’’) ate Joint Resolution 19, the Kimmel- ington, the General Staff took no steps Mr. ROTH. Mr. President, I rise Short Resolution, that I, Senator to clarify the reality of the situation. In 1946, before a Joint Congressional today on behalf of my colleague from BIDEN, Senator THURMOND, Senator Committee on the Pearl Harbor dis- Delaware, Senator BIDEN, and on behalf HELMS, Senator STEVENS, Senator aster, General Marshall testified that of Senator THURMOND and Senator KEN- COCHRAN, Senator KENNEDY, Senator he was responsible for ensuring the NEDY to introduce an amendment DOMENICI, Senator SPECTER, Senator proper disposition of General Short’s whose intent is to redress a grave in- ENZI, Senator MURKOWSKI, Senator forces. He acknowledged that he must justice that haunts us from the tribu- ABRAHAM, Senator CRAIG, Senator DUR- have received General Short’s report, lations of World War II. BIN, Senator JOHN KERRY, Senator KYL, Admiral Husband Kimmel and Gen- Senator HOLLINGS, Senator BOB SMITH, which would have been his opportunity eral Walter Short were the two senior Senator COLLINS, Senator LANDRIEU, to issue a corrective message, and that commanders of U.S. forces deployed in Senator VOINOVICH, Senator DEWINE, he failed to do so. Mr. President, General Marshall’s in- the Pacific at the time of the disas- and Senator FEINSTEIN—a total of 23 trous surprise December 7, 1941, attack cosponsors—introduced last month. tegrity and sense of responsibility is a on Pearl Harbor. In the immediate The amendment calls upon the Presi- model for all of us. I only wish it had aftermath of the attack, they were un- dent of the United States to advance been able to have greater influence fairly and publicly charged with dere- posthumously on the retirement lists over the case of Admiral Kimmel and liction of duty and blamed as sin- Admiral Kimmel and General Short to General Short. gularly responsible for the success of the grades of their highest war-time A third theme of these investigations that attack. commands. Its passage would commu- concerned the failure of the Depart- Less than 6 weeks after the Pearl nicate the Senate’s recognition of the ment of War and the Department of the Harbor attack, in a hastily prepared re- injustice done to them and call upon Navy to properly manage the flow of port to the President, the Roberts the President to take corrective ac- intelligence. The 1995 Department of Commission—perhaps the most flawed tion. Defense report stated that the handling and unfortunately most influential in- Such a statement by the Senate of intelligence in Washington during vestigation of the disaster—levelled would do much to remove the stigma of the time leading up to the attack on the dereliction of duty charge against blame that so unfairly burdens the rep- Pearl Harbor was characterized by, Kimmel and Short—a charge that was utations of these two officers. It is a among other faults, ineptitude, limited immediately and highly publicized. correction consistent with our mili- coordination, ambiguous language, and Admiral William Harrison Standley, tary’s tradition of honor. lack of clarification and follow-up. who served as a member of this Com- Mr. President, the investigations pro- The fourth and most important mission, later disavowed its report, viding clear evidence that Admiral theme that permeates the aforemen- stating that these two officers were Kimmel and General Short were un- tioned reports is that blame for the dis- ‘‘martyred’’ and ‘‘if they had been fairly singled out for blame include a aster at Pearl Harbor cannot be placed brought to trial, they would have been 1944 Navy Court of Inquiry, the 1944 only upon the Hawaiian commanders. cleared of the charge.’’ Army Pearl Harbor Board of Investiga- They all underscored significant fail- Later, Admiral J.O. Richardson, who tion, a 1946 Joint Congressional Com- ures and shortcomings of the senior au- was Admiral Kimmel’s predecessor as mittee, and a 1991 Army Board for the thorities in Washington that contrib- Commander-in-Chief, U.S. Pacific Correction of Military Records. uted significantly—if not predomi- Fleet, wrote: To give you the sense of the thor- nantly—to the success of the surprise oughness of these investigations, I In the impression that the Roberts Com- attack on Pearl Harbor. mission created in the minds of the Amer- have before me the volumes that con- The 1995 Department of Defense re- ican people, and in the way it was drawn up stitute the Joint Congressional Com- port put it best, stating that ‘‘responsi- for that specific purpose, I believe that the mittee’s final report that compiles bility for the Pearl Harbor disaster report of the Roberts Commission was the many of these studies. should not fall solely on the shoulders

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5819 of Admiral Kimmel and General Short; protect our great nation, it is a most Whereas, the Roberts Commission con- it should be broadly shared.’’ appropriate time to redress this injus- ducted a rushed investigation in only five This is an important quote. It shows tice. After 58 years, this correction is weeks. It charged Admiral Kimmel and Gen- that the Department of Defense recog- long overdue. I urge my colleagues to eral Short with dereliction of their duty. The findings were made public to the world; and nizes that these two commanders support this joint resolution. should not be singled out for blame. Mr. President, I ask unanimous con- Whereas, the dereliction of duty charge de- sent that a number of exhibits be print- stroyed the honor and reputations of both Yet, still today on this issue, our gov- Admiral Kimmel and General Short, and due ernment’s words do not match its ac- ed in the RECORD, including a state- to the urgency neither man was given the tions. ment from the Veterans of Foreign opportunity to defend himself against the ac- Kimmel and Short remain the only Wars, including a resolution adopted cusation of dereliction of duty; and two officials who have been forced to by the Veterans of Foreign Wars, a let- Whereas, other investigations showed that pay a price for the disaster at Pearl ter from several distinguished admirals there was no basis for the dereliction of duty Harbor. of the U.S. Navy who are alive and sent charges, and a Congressional investigation in Let me add one poignant fact about this to us comparatively recently, like- 1946 made specific findings that neither Ad- the two wartime investigations. Their wise a letter from the Pearl Harbor miral Kimmel nor General Short had been conclusions—that Kimmel’s and Survivors Association, Inc., and finally ‘‘derelict in his duty’’ at the time of the Short’s forces had been properly dis- a copy of the letter from Senator Bob bombing of Pearl Harbor; and posed according to the information Dole to myself. Whereas, it has been documented that the available to them and that their supe- There being no objection, the mate- United States military had broken the Japa- nese codes in 1941. With the use of a cryptic riors had failed to share important in- rial was ordered to be printed in the machine known as ‘‘Magic,’’ the military telligence—were kept secret on the RECORD, as follows: was able to decipher the Japanese diplomatic grounds that making them public To: All Members of the United States Senate code known as ‘‘Purple’’ and the military would have been detrimental to the 105th U.S. Congress code known as JN–25. The final part of the war effort. From: Thomas A. Pouliot, Commander-in- diplomatic message that told of the attack Be that as it may, there is no longer Chief Veterans of Foreign Wars of the on Pearl Harbor was received on December 6, any reason to perpetuate the cruel United States 1941. With this vital information in hand, no myth that Kimmel and Short were sin- Date: 28 September 1998. warning was dispatched to Admiral Kimmel gularly responsible for the disaster at On August 31, 1998, the delegates to 99th or General Short to provide sufficient time National Convention of the Veterans of For- Pearl Harbor. Admiral Spruance, one of to defend Pearl Harbor in the proper manner; eign Wars of the United States unanimously and our great naval commanders of World approved Resolution Number 441, ‘‘Restore Whereas, it was not until after the tenth War II, shares this view. He put it this Pre-Attack Ranks to Admiral Husband E. investigation of the attack on Pearl Harbor way: Kimmel and General Walter C. Short.’’ A was completed in December of 1995 that the ‘‘I have always felt that Kimmel and copy of VFW Resolution Number 441 is at- United States Government acknowledge in Short were held responsible for Pearl tached for your review. the report of Under Secretary of Defense Based on our resolution and a review of Harbor in order that the American peo- Edwin S. Dorn that Admiral Kimmel and S.J. Res. 55, we believe the goals of both the ple might have no reason to lose con- General Short were not solely responsible for Senate and VFW resolutions are similar and the disaster, but that responsibility must be fidence in their government in Wash- consistent. ington. This was probably justifiable Therefore, we strongly endorse this bill broadly shared; and under the circumstances at that time, and ask that the Senate remove the burden Whereas, at this time the American public but it does not justify forever damning of guilt for the attack on Pearl Harbor from has been deceived for the past fifty-six years those two fine officers.’’ the shoulders of Admiral Kimmel and Gen- regarding the unfound charge of dereliction Mr. President, to do so is not only eral Short. of duty against two fine military officers Respectfully, whose reputations and honor have been tar- unfair, it tarnishes our nation’s mili- nished; now, therefore tary honor. THOMAS A. POULIOT, Commander-in-Chief. Be It Resolved, by the Veterans of Foreign Mr. President, this sense of the Sen- Wars of the United States, that we urge the ate has been endorsed by countless VETERANS OF FOREIGN WARS OF THE President of the United States to restore the military officers, including those who UNITED STATES, honor and reputations of Admiral Husband have served at the highest levels of Washington, DC, June 25, 1998. E. Kimmel and General Walter C. Short. command. These include former Chair- Hon. WILLIAM S. COHEN, men of the Joint Chiefs of Staff Admi- The Secretary of Defense, * * * * * ral Thomas H. Moorer and Admiral The Pentagon, Washington, DC. William J. Crowe, and former Chiefs of DEAR MR. SECRETARY: Last month, Sen- To: Honorable Members of the United States ators JOE BIDEN and WILLIAM ROTH of Dela- Naval Operations Admiral J.L. Hollo- Senate. ware sent a letter urging you to recommend From: Thomas H. Moorer, Admiral, U.S. way III, Admiral Elmo R. Zumwalt and to the President that Admiral Husband Kim- Navy (Ret.), Former Chairman, Joint Admiral Carlisle A.H. Trost. mel and General Walter Short be advanced Chiefs of Staff, Former Chief of Naval Moreover a number of public organi- posthumously to their wartime ranks of four Operations; J.L. Holloway III, Admiral, zations have called for posthumous ad- star Admiral and Lieutenant General respec- U.S. Navy (Ret.), Former Chief of Naval vancement of Kimmel and Short. Last tively. Operations; William J. Crowe, Admiral, August, the VFW passed a resolution The Veterans of Foreign Wars of the U.S. Navy (Ret.), Former Chairman, United States supports the recommendation calling for the advancement of Admiral Joint Chiefs of Staff; Elmo R. Zumwalt, of Senators BIDEN and ROTH, and asks that Kimmel and General Short. Admiral, U.S. Navy (Ret.), Former Chief you consider their request. of Naval Operations; Carlisle A.H. Trost, Let me add that Senator Robert Thank you for your consideration. Admiral, U.S. Navy (Ret.), Former Chief Dole, one of our most distinguished Sincerely, of Naval Operations. JOHN E. MOON, colleagues and a veteran who served Re: The Honor and Reputations of Admiral Commander-in-Chief. heroically in World Warr II, has also Husband Kimmel and General Walter endorsed this sense of the Senate reso- RESOLUTION NO. 441—RESTORE PRE-ATTACK Short. lution. RANKS TO ADMIRAL HUSBAND E. KIMMEL DEAR SENATOR: We ask that the honor and This resolution now in amendment AND GENERAL WALTER C. SHORT reputations of two fine officers who dedi- form is about justice, equity, and Whereas, Admiral Husband E. Kimmel and cated themselves to the service of their honor. Its purpose is to redress an his- General Walter C. Short were the Com- country be restored. Admiral Husband Kim- toric wrong, to ensure that Admiral manders of Record for the Navy and Army mel and General Walter Short were sin- Kimmel and General Short are treated Forces at Pearl Harbor, Hawaii, on December gularly scapegoated as responsible for the with the dignity and honor they de- 7, 1941, when the Japanese Imperial Navy success of the Japanese attack on Pearl Har- bor December 7, 1941. The time is long over- serve, and to ensure that justice and launched its attack; and Whereas, following the attack, President due to reverse this inequity and treat Admi- fairness fully permeate the memory Franklin D. Roosevelt appointed Supreme ral Kimmel and General Short fairly and and lessons learned from the catas- Court Justice Owen J. Roberts to a commis- justly. The appropriate vehicle for that is trophe at Pearl Harbor. sion to investigate such incident to deter- the current Roth-Biden Resolution. As we approach Memorial Day and mine if there had been any dereliction to The Resolution calls for the posthumous prepare to honor those who served to duty; and advancement on the retired list of Admiral

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5820 CONGRESSIONAL RECORD — SENATE May 24, 1999 Kimmel and General Short to their highest demonstrates that these officers were not porary appointment as Lieutenant General WWII wartime ranks of four-star admiral treated fairly. (three stars) but was retired as a Major Gen- and three-star general as provided by the Of- 1. They accomplished all that anyone could eral (two stars), his permanent grade. ficer Personnel Act of 1947. They are the only have with the support provided by their su- Whereas: In 1947 provisions were enacted in two eligible officers who have been singled periors in terms of operating forces (ships the laws governing retirement from the out for exclusion from that privilege; all and aircraft) and information (instructions armed forces which permitted officers who other eligible officers have been so privi- and intelligence). Their disposition of forces, had temporarily served in a higher rank to leged. in view of the information made available to be advanced on the retired list to that higher We urge you to support this Resolution. them by the command structure in Wash- rank, without benefit of higher pay, when We are career military officers who have ington, was reasonable and appropriate. recommended for such advancement by the served over a period of several decades and 2. Admiral Kimmel was told of the capa- Secretary of Defense and approved by the through several wartime eras in the capac- bilities of U.S. intelligence (MAGIC, the President of the United States and concurred ities of Chairman, Joint Chiefs of Staff and/ code-breaking capability of PURPLE and in by the Senate. or Chief of Naval Operations. Each of us is other Japanese codes) and he was promised Whereas: Recently published historical familiar with the circumstances leading up he could rely on adequate warning of any at- writings and film documentaries established to the attack on Pearl Harbor. tack based on this special intelligence capa- that Admiral Kimmel and General Short We are unanimous in our conviction that bility. Both Commanders rightfully operated were unjustly made scapegoats for the suc- Admiral Husband Kimmel and General Wal- under the impression, and with the assur- cess of the surprise attack on Pearl Harbor ter Short were not responsible for the suc- ance, that they were receiving the necessary and other military installations on Oahu on December 7, 1941. cess of that attack, and that the fault lay intelligence information to fulfill their re- Whereas: At its National Convention in De- with the command structure at the seat of sponsibilities. cember 1984 at Grossingers Resort in New government in Washington. The Roth-Biden 3. Historical information now available in York State, the Pearl Harbor Survivors As- the public domain through declassified files, Resolution details specifics of this case and sociation, Inc. representing voices of the requests the President of the United States and post-war statements of many officers in- time, unanimously passed a resolution hon- to nominate Kimmel and Short for appro- volved, clearly demonstrate that vital infor- oring the memory of Admiral Kimmel and priate advancement in rank. mation was routinely withheld from both General Short and praising them for having As many of you know, Admiral Kimmel commanders. For example, the ‘‘Bomb Plot’’ single-handedly shouldered the full blame for and General Short were the Hawaiian Com- message and subsequent reporting orders the disaster at Pearl Harbor when, in fact, manders in charge of naval and ground forces from Tokyo to Japanese agents in Hawaii as others, and the whole nation should have on Hawaii at the time of the Japanese at- to location, types and number of warships, shared the burden. tack. After a hurried investigation in Janu- and their replies to Tokyo. Whereas: The terms of the 1984 resolution ary, 1942 they were charged with having been 4. The code-breaking intelligence of PUR- were fulfilled at the PHSA 45th reunion in ‘‘derelict in their duty’’ and given no oppor- PLE did provide warning of an attack on Hawaii in December, 1986 when these offi- tunity to refute that charge which was pub- Pearl Harbor, but the Hawaiian Commanders cers’ nearest living next-of-kin were pre- licized throughout the country. were not informed. Whether deliberate or for sented beautifully inscribed plaques hon- As a result, many today believe the ‘‘dere- some other reason should make no dif- oring Admiral Kimmel and General Short liction’’ charge to be true despite the fact ference, have no bearing. These officers did with an expression of admiration and re- that a Naval Court of Inquiry exonerated Ad- not get the support and warnings they were spect. miral Kimmel of blame; a Joint Congres- promised. Resolved: (1) That the Pearl Harbor Sur- sional Committee specifically found that 5. The fault was not theirs. It lay in Wash- vivors Association urges the Secretary of De- neither had been derelict in his duty; a four- ington. fense to recommend to the President of the to-one majority of the members of a Board We urge you, as Members of the United United States that he nominate Rear Admi- for the Correction of Military Records in the States Senate, to take a leadership role in ral Husband E. Kimmel (Retired) (Deceased) Department of the Army found that General assuring justice for two military careerists for posthumous promotion to the rank of full Short had been ‘‘unjustly held responsible’’ who were willing to fight and die for their Admiral on the list of retired naval officers and recommended his advancement to the country, but not to be humiliated by its gov- and Major General Walter C. Short (Retired) rank of lieutenant general on the retired ernment. We believe that the American peo- (Deceased) for posthumous promotion to the list. ple—with their national characteristic of rank of Lieutenant General on the list of re- This injustice has been perpetuated for fair play—would want the record set tired army officers, these ranks being the more than half a century by their sole exclu- straight. Thank you. highest in which these officers served while sion from the privilege of the Act mentioned Respectfully, on active duty in the armed forces of the above. ADM. THOMAS H. MOORER. United States in 1941. As professional military officers we sup- ADM. WILLIAM J. CROWE. Resolved further: (2) That the Pearl Harbor port in the strongest terms the concept of ADM. J.L. HOLLOWAY III. Survivors Association urges the President of holding commanders accountable for the per- ADM. ELMO R. ZUMWALT. the United States to make the formance of their forces. We are equally ADM. CARLISLE A.H. aforedescribed nominations and send them to strong in our belief in the fundamental TROST. the Senate of the United States for its advice American principle of justice for all Ameri- and consent with the recommendation that cans, regardless of creed, color, status or PEARL HARBOR SURVIVORS they be favorably acted upon by that body. Resolved further: (3) That the Pearl Harbor rank. In other words, we believe strongly in ASSOCIATION, INC. Survivors Association, Inc. urges the Senate fairness. Lancaster, CA, January 14, 1991. of the United States to give its advice and These two principles must be applied to Re: Resolution No. 6. consent to the aforementioned nominations. the specific facts of a given situation. His- EDWARD R. KIMMEL, Resolved further: (4) That the Secretary of tory as well as innumerable investigations Wilmington, DE. the Pearl Harbor Survivors Association, Inc. have proven beyond any question that Admi- DEAR MR. KIMMEL: I am writing to you in forward copies of these resolutions to the ral Kimmel and General Short were not re- regards to the resolution that we of the Secretary of Defense, the President of the sponsible for the Pearl Harbor disaster. And Pearl Harbor Survivors Association, Inc. United States, the Secretary of the U.S. Sen- we submit that where there is no responsi- passed at our National Convention in Albu- ate, and to the Chairman and each member bility there can be no accountability. querque, NM. this past December 6, 1990. of the Senate Armed Forces Committee. But as a military principle—both practical Subject: A resolution to restore the full Submitted by Alex D. Cobb, Jr. and moral—the dynamic of accountability wartime rank of Adm. Kimmel and Gen. We the officers of the Association are now works in both directions along the vertical Short, (posthumously). in the process of complying with the above line known as the chain of command. In view Whereas: Following the surprise Japanese resolution and hopefully will have it in place of the facts presented in the Roth-Biden Res- attack on Pearl Harbor December 7, 1941 the for the 50th Anniversary of Pearl Harbor. olution and below—with special reference to two officers in command of U.S. armed If I can be of further help please feel free to the fact that essential and critical intel- forces at Pearl Harbor, Admiral Husband E. contact me. ligence information was withheld from the Kimmel (Pacific Fleet Commander) and Sincerely, Hawaiian Commanders despite the commit- Lieutenant General Walter C. Short (Hawaii KENNETH R. CREESE, ment of the command structure to provide Army Commander) were retired in ‘‘perma- National Secretary. that information to them—we submit that nent grade’’ from their respective branches while the Hawaiian commanders were as re- of the armed forces. SENATOR BOB DOLE sponsible and accountable as anyone could Whereas: At the time of the attack Admi- Washington, DC, March 11, 1999. have been given the circumstances, their su- ral Kimmel was serving in a temporary ap- Hon. WILLIAM V. ROTH, JR., periors in Washington were sadly and trag- pointment as full Admiral (four stars) but Hart Senate Office Building, ically lacking in both of these leadership was retired as Rear Admiral (two stars), his Washington, DC. commitments. permanent grade. DEAR BILL: I will join my voice with yours A review of the historical facts available Whereas: At the time of the attack, Lieu- in support of the Kimmel-Short Resolution on the subject of the attack on Pearl Harbor tenant General Short was serving in a tem- of 1999.

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5821 The responsibility for the Pearl Harbor dis- officers’ families, historians, experts ago. Secretary Perry on 7, September, aster should be shared by many. In light of and retired high-ranking military offi- 1994; again on 22 November, 1994; Presi- the more recent disclosures of withheld in- cers, who all testified in favor of the dent Reagan, 1, December, 1994; Deputy formation Admiral Kimmel and Lieutenant two commanders. Secretary John Deutch, 10, December, General Short should have had, I agree these two commanders have been unjustly stig- In response to this review, Under De- 1994; Perry, 5 March, 1995; Deutch, 24 matized. fense Secretary Edwin Dorn’s subse- March of 1995; the Dorn Report on 6, Please keep me informed of the progress of quent report disclosed officially—for October, 1995; Deputy Secretary De- this resolution. the first time—that blame should be fense John White, December of 1995; Sincerely, ‘‘broadly shared.’’ The Dorn Report Secretary Cohen here in 18, November, BOB DOLE. stated members of the high command 1997; and P&R de Leon, on 20, July, The PRESIDING OFFICER. The sen- in Washington were privy to inter- 1998. ior Senator from South Carolina. cepted Japanese messages that in their In other words, for 5 years the De- Mr. THURMOND. Mr. President, I totality ‘‘. . . pointed strongly toward partment of Defense has devoted a good rise in support of the amendment spon- an attack on Pearl Harbor on the 7th of deal of time and effort to try—I pre- sored by my friends from Delaware— December, 1941 . . .’’ and that this in- sume and I certainly assume—to make Senators ROTH and BIDEN. telligence was never sent to the Hawai- an objective analysis of all of these let- Admiral Husband E. Kimmel and ian commanders. ters, and have turned down the various General Walter C. Short were both un- The Dorn Report went so far as to requests from my two senior col- fairly maligned for their roles during characterize the handling of critically leagues. the invasion of Pearl Harbor. They important decoded Japanese messages First, I ask my distinguished col- were blamed for not anticipating nor in Washington as revealing ‘‘ineptitude league from Delaware, because I look being prepared for the attack. Admiral . . . unwarranted assumptions and at this very imposing collection of doc- Kimmel was commander of U.S. forces misestimates, limited coordination, uments and I reflect on the number of in the Pacific, and General Short was ambiguous language, and lack of clari- inquiries that have been held through- commander of U.S. Army forces. The fication and follow-up at higher lev- out history, these are the inquiries overwhelming consensus of the aca- els.’’ that have been held regarding these demic community and retired flag offi- They are eligible for this advance- two officers and their association with cers, most notably naval officers, con- ment in rank by token of the Officer the tragic losses of men, women, and cur that history must be set straight in Personnel Act of 1947, which authorizes assets of the United States on Decem- this matter. retirement at highest wartime rank. ber 7, 1941. Admiral Kimmel and General Short All eligible officers have benefitted. All We start with the Knox Investiga- tion, December 9 through 14, in 1941. are, in my opinion, the two final vic- except for two: Admiral Kimmel and That was followed by the Roberts Com- tims of Pearl Harbor. Both officers General Short. This advancement in mission, December 18 through January were relieved of their commands, their rank would officially vindicate them. 23, 1942; the Hart Investigation, Feb- careers and reputations destroyed after No retroactive pay would be involved. ruary 12 through June 15 of 1944; the being blamed for negligence and dere- The posthumous promotion of Admi- Army Pearl Harbor Board, July 20 liction of duty. These men were doing ral Kimmel and General Short will be a through October 20, 1944; Navy Court of their duty to the best of their ability, small step in restoring honor to these Inquiry, July 24 through October 19, and without full cooperation from su- men. 1944; the Clark Investigation, August 4 periors in their chain-of-command. De- It is time for Congress and the Ad- through September 20, 1944; the Hewitt spite the fact that the charge of dere- ministration to step forward and do the Inquiry, May 14 through July 11, 1945; liction of duty was never proved, that right thing. the Clausen Investigation, January 24 charge still exists in the minds of I urge adoption of the amendment through September 12, 1945; the Joint many people. and yield the floor. Congressional Committee, November 15 Surprisingly, almost everyone above The PRESIDING OFFICER. The Sen- through May 23, 1945. these two officers escaped censure. Yet, ator from Virginia. Based on the results of all those in- we know now that civilian and mili- Mr. WARNER. Mr. President, with vestigations, Secretary of Defense tary officials in Washington withheld great reluctance, I oppose this amend- Cohen wrote to Senator THURMOND and vital intelligence information which ment. I do so based on some inde- presumably Senator ROTH. He said: could have more fully alerted the field pendent study that I have made, and indeed, I guess, throughout my life- DEAR MR. CHAIRMAN: Thank you for your commanders to their imminent peril. interest in exonerating the names of Admiral In judging Admiral Kimmel and Gen- time. I had a very, very modest period Kimmel and General Short. In the years eral Short, the following facts have of active service at the end of World since the fateful events at Pearl Harbor been repeatedly substantiated, but War II in 1945 for a period of about 15 or there have been numerous formal investiga- wrongfully and continually ignored: 18 months. I can’t remember now. tions of the events leading up to the attack, The intelligence made available to Anyway, I lived my lifetime through including sharp debate over our state of the Pearl Harbor commanders was not this period of history. Therefore, all of readiness at the time. sufficient to justify a higher level of my active service in that period was While Under Secretary of Defense for Per- here in the United States, preparing to sonnel and Readiness, Mr. Edwin Dorn con- vigilance than was maintained prior to duced a thorough review of this issue in 1995. the attack. join others of my generation for the in- He carefully considered the information con- Neither officer knew of the decoded vasion of Japan, which I thank the tained in nine previous formal investiga- intelligence in Washington indicating Dear Lord did not take place. tions, visited Pearl Harbor and personally the Japanese had identified the United I have gone through enough of this met with the Kimmel and Short families. His States as an enemy. material to satisfy me that what we conclusion was that responsibility for the Both commanders were assured by are faced with here is one generation Pearl Harbor disaster must be broadly their superiors they were getting the trying to provide revisionist history shared, but that the record does not show best intelligence available at the time. upon another. That is, in my judgment, that advancement of Admiral Kimmel and General Short on the retired list is war- There were no prudent defensive op- unwise, and it could well promote ranted. tions available for the officers that many other meritorious cases during I appreciate the fact that the over- would have significantly affected the that period of history—and who knows, whelming consensus of the organizations and outcome of the attack. going way back in history—to be personnel mentioned in your letter rec- Military, governmental and congres- brought to this Congress for similar ommend exoneration of Admiral Kimmel and sional investigations have provided rectification or whatever the petition General Short. Absent significant new infor- clear evidence that these two com- may say. mation, however, I do not believe it is appro- The records show that the request by priate to order another review of this mat- manders were singled out for blame ter. that should have been widely shared. my two distinguished esteemed col- Ed Dorn and I both agree that responsi- In 1995, I held an in-depth meeting to leagues initiated correspondence begin- bility for this tragic event in American his- review this matter which included the ning in 1994—that is roughly 5 years tory must be broadly shared, yet I remain

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5822 CONGRESSIONAL RECORD — SENATE May 24, 1999 confident in the findings that Admiral Kim- the information they had was appro- the situation was getting very serious, mel and General Short remain accountable priate and proper. and I will refer to that momentarily. in their positions as leaders. Mr. WARNER. Mr. President, before But how do I know their careers were The first question to my distin- we leave that point, if none of these re- not impeded? They may not have been guished colleague, this amendment ports that I recited—some nine in num- general officers or flag officers of the would have the effect of no longer hold- ber which had before them live wit- U.S. Navy. But whether they were lieu- ing them accountable for this tragedy. nesses, clarity of mind and clarity of tenants or commanders, their careers If that be the case, who is to be held recollection—did not exonerate these may well have been blocked. There accountable for this tragedy? officers, then why should we now at may be relatives out here and descend- Mr. ROTH. I point out to my distin- this late date in history try to make a ants of those officers who feel just as guished colleague that first of all, the different finding? There could have strongly as to the punishment that was Dorn Report makes the very clear find- been other officers who possibly were meted out to their grandparents or ing that responsibility for the Pearl not advanced in rank. You cite they whatever the case may be. Harbor disaster should not fall solely should be treated equally. How do I If you are going to open up a case on the shoulders of Admiral Kimmel know there are not other officers, like this, it seems to me it is in the na- and General Short. It should be broadly Army and Navy, who were not ad- ture of a class action: Let everybody shared. vanced in rank because they bore part come forward. When it says it should be broadly of the responsibility for this tragedy? Mr. ROTH. I say to the good chair- shared, it seems to me it is saying in So, when you ask for equality, it would man, the others have not presented the effect that all of those who had any re- seem to me you would have to come case. These individuals, their families, sponsibility for the act should be treat- forth with all the cases of all those who have tried to correct what I think is a ed the same. That is basically what we bore part of the responsibility and serious wrong. Again, all I can say is are saying here. These two distin- show that they were treated differently that rare is it that by one stroke of ac- guished gentlemen gave a lifetime of than Kimmel and Short. tion you correct all inequities, all in- service to their country with distinc- Mr. ROTH. With all due deference to justices. But here we have two individ- tion. There are many factors that were my colleague, that is hypothetical. It uals who were scapegoated. Let’s face shown in the other investigations: is possible that somewhere someone it. They needed to blame somebody. I That they did not have the intel- was mistreated. But those facts are not think as a matter of fact the Roberts ligence, they did not have the informa- before us. I am not aware of any such investigation was not known for the tion that they were entitled to if they charges. legal jurisprudence with which it was were going to properly discharge their But here we have two individuals conducted. responsibility. about whom many different people I believe, in fairness to these individ- We are not saying here that they agree, from those like Bob Dole, who uals, the record ought to be set were not partly responsible, but they served with great distinction, from the straight. They served their country were no more responsible than other admirals who were in command, both with great distinction through the leaders in Washington. To me, it is un- of the Navy and our military forces, all years. Disaster occurred at Pearl Har- fair, inequitable and not in the tradi- coming forward with the recommenda- bor, but they alone cannot be held re- tion of the military to treat two indi- tion that, to be fair, these two individ- sponsible. Most of these reports will viduals differently from others. uals should be advanced to their high- admit that. The others were permitted This is not an effort of a younger est wartime rank. to rise to their highest rank, and I just generation trying to correct what we The point the Senator is making is say as a matter of justice—— think is an unfair situation. I, like the true in life. Many times lawsuits are Mr. WARNER. Mr. President, we do distinguished chairman of the Armed brought but you cannot, in settling not know. You make an assumption Services Committee, served in World that lawsuit, with the individuals be- that others were allowed to rise to War II with the military. I just think it fore you—you are not going to solve all their highest rank. I do not know that. is only right, it is only just that we the problems of mankind because you There is no evidence before the Senate treat them exactly the same and let only have the facts of those you are tonight. them be promoted to their higher war- considering. Our resolution is a follow- This is but one of, what? How many time ranks. through for two individuals, about volumes here? The hearings before the There is a responsibility, account- whom, time and time again, it was said Joint Committee on the Investigation ability, among many. Any number of they served with distinction. of Pearl Harbor, U.S. Congress, 1945, I these studies clearly showed that a Mr. WARNER. But the Senator said count, what, 15 volumes here? To me, large part of that responsibility was in let’s treat these two individuals equal- that is thoroughness of an investiga- Washington. ly with others who bear part of the re- tion. I mean, document after docu- All we are asking is, let’s treat all sponsibility—a reasonable request. But ment, page after page in which—let’s these people alike—fair and with jus- I would want to know beforehand, who see, how many Members of Congress, if tice. are the others? How were they treated? they list the committee here? I do not Mr. WARNER. Mr. President, I think Was their treatment commensurate see on this volume, but perhaps it is in the Senator has raised a very key with what the Senator asked for to- others, how many Members of Congress point. That is, equality of treatment. night? were involved. Usually they list them. First, the Dorn Report specifically Mr. ROTH. No one of whom I am How many Members were involved, said that they—Kimmel and Short—do aware, who served in World War II at does the Senator know? bear part of the responsibility. We are the time of Pearl Harbor and had any Mr. ROTH. Let me say this. What I in agreement on that. responsibility in Washington, was held do know, as far as the record shows, Mr. ROTH. Yes. accountable and given less rank. only two officers were penalized, were Mr. WARNER. Can the Senator point General George Marshall admitted punished. to any of the investigations that I re- that he had a responsibility, but I do Mr. WARNER. Mr. President, what cited, beginning back in 1941, which in not think anyone suggested, or would record does the Senator speak of, that any way, totally or otherwise, exoner- want to suggest, that he should have shows only two? Is there any record ated Kimmel or Short? been penalized. that shows only two officers in the U.S. Mr. ROTH. There were some findings Mr. WARNER. Mr. President, I am military were ever penalized? that because of the lack of intel- primarily concerned with the junior of- Mr. ROTH. No. But to me it is the ligence, they were not advised of the ficers in the command of the Army in same sort of thing. You are in a law most up-to-date information that Hawaii, the command of the Navy in case. Can you talk about the others Washington had; they were not at Hawaii. There may have been a number who may be involved in the same kind fault. of officers and, indeed, enlisted men— of a problem? We are only trying to As a matter of fact, the finding was say an intelligence officer. There was a correct what I think are two serious made that their disposition based on good deal of intelligence out there that cases.

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5823 Let me point out any number of dis- solute, responsibility for the welfare of Short was subsequently temperate and tinguished groups and organizations the people under his command and is procedurally proper; mention of court- who have come out in support. directly accountable for everything the martial but no charges brought; some Mr. WARNER. The Senator has re- unit does or fails to do. That is leg- allegations that there was no court- cited them. Certainly, I accept that for endary in military history. martial because the Government feared the record. I also commend your able Even in the Navy, there are cases bringing charges would implicate other assistant, Mr. Brzezinski here, who has where the captain was in his quarters, senior military and civilian leaders; worked tirelessly on this for several properly, perhaps, taking a rest and could also be there were sufficient years and done the research. But let arose with the ship, and there are hun- grounds for successful court-martial me ask you this question. We are both dreds of cases where he is held account- prosecution. lawyers; we spent years in courtrooms. able, even though he was not on the Mr. President, there is no new evi- What new evidence do you bring before bridge at the time. dence before the Senate tonight. I the Senate tonight to ask for a reversal Three- and four-star positions are would like to go on. I am going to put of some nine different boards and com- listed as positions of importance and this in the RECORD. Is there some other missions that have reviewed this over a responsibility. Both commanders made point the Senator wishes to make? If I period of these many years? What new errors in judgment. The most serious understand—you have been very forth- evidence do you bring in support of ones were failure to establish a state of right—there has been no new evidence. your petition? readiness in light of warnings received So what we are really doing is trying Mr. ROTH. It really is not a question, and to liaison between the two com- to exercise fair and impartial judgment I say to my colleague, of new evidence. mands, i.e., Army and Navy, and to co- by giving our own independent assess- The evidence has been there for many ordinate defensive measures and to ment of facts that were deduced in a years, since 1944, when investigations maintain effective reconnaissance. In- timely manner in the period of 1941 to, were made both by the Army and Navy. telligence available to Kimmel and say, 1946. That is the conclusion of this Time and again, it has been found that Short was sufficient to justify a higher congressional review. these two individuals were not the only level of vigilance than was maintained. Now we are determining from those ones responsible. Admittedly, they An officer may be relieved of command facts which were deduced at the time of share blame with others. But every- if a superior decides the officer has clarity of memory and presumably body else in the Service was permitted failed to exercise sound judgment. And many witnesses who testified before to keep their rank or raised to their that is precisely what was done in this the Congress. We are now asked to highest. case. make this important decision which is Mr. WARNER. Mr. President, we do The Senator points out that history tantamount, in the minds of many not know that as a fact. The Senator does show, facts and mitigation, that Americans, to exonerating totally keeps repeating everyone else was al- responsibility was shared in Wash- these two officers from any misconduct lowed to advance. I do not see anything ington for failure to communicate on a or dereliction of duty at the time of before me. timely basis some intelligence, but it Pearl Harbor. I just simply cannot go Mr. ROTH. I say, to the contrary, does not absolve them from taking pru- along with that, I say to the Senator. what is the evidence that there are dent actions as field commanders at a First, again, there are no new facts. others? Theoretically, you keep saying time of very high tension. That is the We are agreed on that. there are others. Who are they? point I make. Indeed, those facts may Mr. ROTH. The issue is not the ques- Mr. WARNER. Look at the Dorn re- have been the mitigating facts that tion of new facts. The issue is the ques- port. I would like to refer to that at these men were not actually court- tion of fairness. I believe that is as some point here. Let’s just go over the martialed and incarcerated for this critically important today as it was at Dorn report. This is a very comprehen- tragedy. This was an absolute, at the the time it occurred. The record is sive analysis by the Department of De- time, frightful blow against the United clear that these individuals, General fense over a considerable period of States of America. All of us have seen Short and Admiral Kimmel, did not months. I would like to refer to some the pictures, and we know the history have the intelligence information of their findings. well. That is why it concerns me to try available at the time that would have First, that these officers did receive this revisionist action at this late date. enabled them to better address the warning messages on November 27, Relief does not require a finding of challenge from the Japanese. stating that Japan might take hostile misconduct or unsatisfactory perform- Mr. WARNER. May I ask, is that fact action at any moment. Kimmel and ance, merely a loss of confidence with not borne out in many of these hear- Short concluded the attack would regard to the specific command in ings that were held in the period of 1941 occur in the western Pacific and not question. There is a vast difference be- to 1946? My recollection is that that Hawaii. tween a degree of fault which warrants was always presented at that time, or That was apparently their inde- court-martial action and a level of per- at least certainly in the congressional pendent judgment. formance which warrants removal of one when the war was over. The Army and Navy were separate command. Mr. ROTH. To me, it is just a dif- departments reporting directly to the Promotion is based on potential and ference, I guess, in approach. If you President. There is a question about not past performance. That is, pro- take the position that it happened in the collaboration of these two senior motion is based on expectation of per- the past and it should not be changed, officers on the islands of Hawaii. formance to the level at which the in- I think that is wrong. I think there is Lack of mission discussion between dividual is being considered for pro- a strong case that these individuals Kimmel and Short on defense plans for motion. Posthumous advancement in were not treated fairly. The President Hawaii and long-range air patrols—in rank would be based on the judgment was given authority under the 1947 act other words, they had not collaborated that, at a minimum, they had served to raise any retired flag officer to the to coordinate the assets of the United satisfactorily at the three- and four- rank—— States as a deterrent, or indeed a de- star level. Their superiors at the time Mr. WARNER. Mr. President, I re- fense against any attack on which they decided they had not, and there is no member it well. The Senator will recall had warning on November 27. Kimmel compelling basis to contradict this ear- we referred to it, those of us down in and Short did not share their internal lier decision, made at a time when the ranks, as the tombstone pro- intelligence with each other. That, to there were live witnesses and clarity of motion; am I not correct? me, is a very troubling fact. memory in the minds of many. Mr. ROTH. That is correct. Just to say, as this report does, that There may be a debate as to fairness Mr. WARNER. That shows our vin- responsibility is broadly shared does and justice, but there can be no argu- tage. not absolve Kimmel and Short of ac- ment about the legitimacy of those Mr. ROTH. I just think it is not fair countability for this action to some de- who exercised their power for relief in to these individuals, to their reputa- gree. For example, the commander has retirement. The official treatment— tion. Admittedly, even the Dorn report plenary, that is, full, complete, and ab- this report goes on—of Kimmel and makes all kinds of conclusions that

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5824 CONGRESSIONAL RECORD — SENATE May 24, 1999 they did not have the information to But my point is, a naval court of in- there could be an attack on Pearl Har- which they were entitled, that others quiry, that is usually about 9 or 10 offi- bor. There was a so-called bomb, 14- shared in the responsibility for what cers certainly for a matter of this im- part message, all of which indicated happened. portance. All of these investigations that attack was an immediate threat. In this country, in the tradition of involved, I think, at a minimum 10 or That information was denied the two the military—and I am not a profes- 12 people, not to mention all the staffs individuals with the key critical re- sional soldier, although I did have the on both sides. I am sure they had the sponsibility in Hawaii. I just think pleasure of serving several years in the opportunity for these two officers to that to hold them responsible and not military—— make known their own views and to to give them the lifetime is unfair. Mr. WARNER. Mr. President, I might turn over all of the investigations and Mr. WARNER. If I could again refer say, with distinction; a fine officer. say that they did not act fairly towards to the Dorn Report: Mr. ROTH. I appreciate that. I think these two men. The failure of Kimmel and Short to make the important thing is to show that in Here we are, here in May of 1999, with adequate preparations in light of the infor- our country, individuals who were not no new evidence. I do not have the mation they did have. treated equitably, the record can be set records of all these boards. I suppose That was a major finding. straight. somebody has gone through them. And They knew their primary mission, argu- Mr. WARNER. On that point, so the Mr. Brzezinski maybe has. able their only mission, was to prepare for Senator’s argument tonight is one of Could I ask, have you got an esti- war. fairness. But I say to him, if the Senate mate of how many persons were in- They knew that war with Japan was highly were to go along with him, implicitly volved in all these boards which ren- likely. it would say that all of these reports dered a judgment that these two men They knew that a surprise attack probably involving hundreds of conscientious must be held accountable for this trag- would precede a declaration of war. men and perhaps women who were on They knew Japan, not the US, would strike edy at Pearl Harbor? Does anyone have the first blow. these boards, some seven or eight an estimate of how many Members of They knew the initial Japanese attack boards, were unfair. Congress? would fall on Pearl Harbor. Mr. ROTH. I go back to the fact, it Mr. ROTH. I think the point is that They knew that an attack on Pearl Harbor was the President who decided in the in these investigations, the purpose of could come from aircraft carriers. 1947 act not to raise them to their war- them was not to determine who was ac- They knew from their own staffs of the time ranks. I think it is a rank injus- countable but, rather, it was a state- danger of a surprise air attack. tice. I think it is a blot on the history ment of fact. But, again, let me under- They knew from recent events that the of World War II. There are many people idea of a carrier air attack on Pearl Harbor score. You keep coming back and say- was not new. one can probably point out who said ing: Why should we be looking at it They made statements prior to December 7 this, that, or the other. today? that acknowledged the possibility of an air Here were two gentlemen, one an ad- I think that is what makes this coun- attack on their forces. miral who had been in command, a try different. If there is a wrong, an Now, that was the finding of the Dorn naval CO, who was in charge in Hawaii. error, it is never too late to correct it. group here just in 1995. I have it here, General Short was in command of the Here we have a case where these indi- some numerous pages of this report. Army Hawaiian department. They did viduals were found not to be solely re- Mr. ROTH. Let me make—I do not not have the intelligence. sponsible for the attack on Pearl Har- want to interrupt. One has to remember, in a time of bor. As a matter of fact, there were Mr. WARNER. No. Please go ahead. war and stress, one of the concerns was findings in agreement that many in Mr. ROTH. Let me point out those that the country was so shocked by Washington played a key role. Most findings were general findings. But the what took place in Hawaii that there persuasive to me is the fact that the fact is, the up-to-date intelligence that was concern over what would be the re- intelligence they needed to address the Washington had in the days imme- action of the American people. Even attack was not made available to diately before Pearl Harbor was not though they were found innocent of them, yet they are the ones who were made available to General Short or Ad- dereliction of duty, that did not be- denied promotion. The only two. miral Kimmel. come public information, for the sim- Mr. WARNER. But you don’t know Mr. WARNER. Mr. President, that ple reason they wanted to make cer- that. I don’t know that. There is no sum portion of intelligence, I think tain that the American people sup- record before us to show that these that all throughout history has been ported the efforts of this country and were the only two men who were treat- conceded. And these tribunals, particu- more. That was kept secret indefi- ed unfairly. You come back to that. larly the Congress, had that before it. nitely, until 1947, at which time it Mr. ROTH. We do know—— It is for that reason maybe they were came out. Mr. WARNER. I reject that argu- not court-martialed and incarcerated, But I know the chairman is a fair ment. if found guilty. man. I admire him greatly. I know Mr. ROTH. You reject the argument, Mr. ROTH. Yes, you knew an air car- there are those in the military saying: but you give me no names. Who else rier attack was possible. But to know, Well, don’t go back and change now. was involved? These are the two who for example, as they knew in Wash- Let history judge. I just think it is un- many distinguished former officers of ington in the days right before the at- fair to these individuals who did serve the service, of the Navy, of the Army, tack that the Japanese wanted to know with excellence, who did serve with dis- the Veterans of Foreign Wars, find this where the warships were located, it was tinction, to be penalized when they is unfairly treating these individuals. I this kind of information that gave im- were the only two. am merely trying to correct a wrong. I mediacy to the threat. To me, that was Mr. WARNER. But, Senator, what do recognize different people—I think we critical. you say to all of these people—I wish are both fair minded, to be honest. We You talk about the Dorn Report. Let we had a volume here that showed how just happen to disagree. me just say, as part of the Dorn Re- many Members of Congress partici- Mr. WARNER. All right. You want to port, they sort of are all over the map pated? Perhaps you can provide that. I correct. On what basis do you correct in their finding. They say: do not know how many sat on all the other than the palpitations of your It is clear today, as should have been clear boards that Frank Knox had. I recited heart? since 1946 to any serious reader of the JCC all of them here, but I did serve in the Mr. ROTH. Because of the fact that— hearing record, that Admiral Kimmel and Department of Navy as an Under Sec- Mr. WARNER. Where is the evidence? General Short were not solely responsible for retary for 5-plus years. Mr. ROTH. There were findings that the defeat at Pearl Harbor. Mr. ROTH. With great distinction. these individuals did not have the in- * * * * * Mr. WARNER. I am not so sure, but telligence to which they were entitled. * * * more information was available in you are nice to say it. It was a chal- In Washington, it was known that war Washington but not forwarded to them. lenge. I was privileged and humbled to was imminent. If you had the full in- Army and Navy officials in Washington were do so. formation, it was fairly clear that privy to intercepted Japanese diplomatic

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5825 communications (notably the ‘‘bomb plot’’, I understand you disagree with the I just do not believe that the Senate ‘‘winds’’, ‘‘pilot’’, and ‘‘fourteen-part’’ mes- basis of our proposal, but I think both at this time should reverse that his- sages) which provided crucial— of us want the same thing, and that is tory. Now, this is the Dorn report— fairness. f which provided crucial confirmation of the Mr. WARNER. Mr. President, there is imminence of war. Read together and with no one in this body for whom I have MORNING BUSINESS the leisure, focus, and clarity of hindsight, these messages point strongly towards an at- greater respect than my dear friend Mr. WARNER. Mr. President, I ask tack on Pearl Harbor at dawn on the 7th. and colleague, Senator ROTH. He has unanimous consent that the Senate That is the Dorn Report: put a lot of work, together with his now proceed to a period of morning The immediacy of an attack on Pearl Har- able staff, into this case. But it seems business with Senators permitted to bor at dawn on the 7th. to me that we stand in a momentous speak for up to 10 minutes each. The evidence of the handling of these mes- hour in the history of this country. We The PRESIDING OFFICER. Without sages in Washington reveals some ineptitude, are asking our colleagues to trust in objection, it is so ordered. some unwarranted assumptions and our own judgments and our findings as f misstatements, limited coordination, ambig- to whether or not one of the most re- uous language and lack of clarification and markable and tragic chapters in the THE VERY BAD DEBT BOXSCORE followup at higher levels. history of this Nation, in effect, should Mr. HELMS. Mr. President, at the I could go on. have this significant reversal these close of business Friday, May 21, 1999, A careful reading of the proceedings and many years hence, based on no new evi- the federal debt stood at reports of those panels suggests clear rec- ognition of the faults at all levels. Yet these dence, based on the fervent plea of my $5,596,857,521,196.34 (Five trillion, five two gentlemen were singled out and were not colleagues, Senator ROTH and Senator hundred ninety-six billion, eight hun- given advance to their wartime rating. THURMOND. dred fifty-seven million, five hundred I think it was inequitable. I think it I shall take the floor tomorrow and twenty-one thousand, one hundred was not fair, and it seems to me the most vigorously oppose this. I think ninety-six dollars and thirty-four greatness of this country is that we can for the night we have pretty well con- cents). go back and make changes where war- cluded this debate. I have to tell the One year ago, May 21, 1998, the fed- ranted. Senator, it is an interesting one for me eral debt stood at $5,503,780,000,000 Mr. WARNER. Mr. President, I have and not altogether without some impli- (Five trillion, five hundred three bil- just located, I think, a document that cations in my own life, thinking back lion, seven hundred eighty million). interests me a great deal. It is entitled, in that period of history. I will never Fifteen years ago, May 21, 1984, the ‘‘Investigation of the Pearl Harbor At- forget Pearl Harbor. federal debt stood at $1,485,189,000,000 tack: Report of the Joint Committee If I could just reminisce for a mo- (One trillion, four hundred eighty-five on the Investigation of the Pearl Har- ment, it is hard to believe that shortly billion, one hundred eighty-nine mil- bor Attack,’’ pursuant to a resolution thereafter this city, the Nation’s Cap- lion). of Congress, S. Res. 27. And it was re- ital, endured periods of blackout. I re- Twenty-five years ago, May 21, 1974, ported on July 5, 1946. member it very well, as a small—well, the federal debt stood at $470,357,000,000 Just listen to those Senators who I wasn’t so small. I remember my fa- (Four hundred seventy billion, three were on this commission: Alben Bar- ther was a physician and he was able to hundred fifty-seven million) which re- kley, you remember him. What an ex- drive at night only with a slit on the flects a debt increase of more than $5 traordinary man; Walter George, headlights to get to the hospital. I re- trillion—$5,126,500,521,196.34 (Five tril- George was considered one of the great, member very well our home was lion, one hundred twenty-six billion, great internationalists; Scott Lucas of equipped with blackout curtains. All five hundred million, five hundred Illinois, one of the most senior Sen- the streetlights went out. We were twenty-one thousand, one hundred ators from the State of Illinois, the fearful of an attack here in Wash- ninety-six dollars and thirty-four Presiding Officer’s State; Owen Brew- ington, DC, and, indeed, other east cents) during the past 25 years. ster from Maine; Homer Ferguson from coast cities. There were Nazi sub- f Michigan. marines patrolling off the east coast of I say to my good friend, those names the United States, sinking ships. MESSAGES FROM THE PRESIDENT still reverberate with absolute distinc- How well I recall on the beaches of Messages from the President of the tion and credibility in this Chamber United States were communicated to today. They made the findings which Virginia there was washed up debris from sunken ships. The people on the the Senate by Mr. Williams, one of his left history intact. And we here, just secretaries. the two of us, really, on the floor to- west coast lived in constant fear that night, are to urge our colleagues to- there would be an invasion. These were EXECUTIVE MESSAGES REFERRED morrow to reverse that history? serious and strenuous times, calling on As in executive session the Presiding With all due respect, there is not the the men and women of the Armed Officer laid before the Senate messages foundation, in my judgment, for the Forces for a duty and a commitment from the President of the United Senate to so act and overrule the find- and an assumption of risk without par- States submitting a withdrawal and ings of these men. allel, because this Nation in many re- sundry nominations which were re- Mr. ROTH. Mr. President, as the Sen- spects was unprepared. How well we re- ferred to the appropriate committees. ator knows, I have the greatest respect call the pictures of the Army prac- (The nominations received today are for his soundness of judgment, for his ticing maneuvers with broomsticks printed at the end of the Senate pro- honesty and integrity. I have the same rather than rifles. ceedings.) for the Senators named. But the fact When I think of the tragic death, loss f remains, honorable men and women of life and property, indeed, if we were often disagree. Here we do disagree. to follow your logic—President Roo- REPORT OF PROPOSED LEGISLA- I am just trying to join my col- sevelt had that intelligence—we could TION ‘‘EDUCATIONAL EXCEL- leagues—there are 23 of us —in seeking go back and judge the record of many LENCE FOR ALL CHILDREN ACT to correct what we think was unfair others. It seems to me that what is be- OF 1999’’—MESSAGE FROM THE treatment to two individuals who de- fore the Senate tonight is clear facts PRESIDENT RECEIVED DURING voted a lifetime of service to this coun- that men and women of clear con- ADJOURNMENT—PM 30 try. Yes, there are differences of opin- science, with the ability to assess fresh Under the authority of the order of ion on this matter, but nothing seems information, have painstakingly gone the Senate of January 6, 1999, the Sec- to me more important than to try to through it, reached their conclusion retary of the Senate on May 21, 1999, correct a record which I think, on the year after year, and then a President, during the adjournment of the Senate, basis of the studies I have seen, results Harry Truman, is my recollection, am received the following message from in unfairness. We are trying to correct I correct, made the decision that he did the President of the United States, to- that. with respect to these two officers. gether with an accompanying report;

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5826 CONGRESSIONAL RECORD — SENATE May 24, 1999 which was referred to the Committee treatment of Puerto Rico in ESEA about the risks associated with guns; on Health, Education, Labor, and Pen- funding formulas, so that poor children expand character education programs; sions. in Puerto Rico are treated similarly to and promote alternative schools and second chance programs. A new School To the Congress of the United States: those in the rest of the country for the I am pleased to transmit for your im- purpose of formula allocations. Emergency Response to Violence pro- mediate consideration the ‘‘Edu- Second, my proposal responds to re- gram would provide rapid assistance to cational Excellence for All Children search showing that while qualified school districts that have experienced Act of 1999,’’ my Administration’s pro- teachers are critical to improving stu- violence or other trauma that disrupts posal for reauthorization of the Ele- dent achievement, far too many teach- the learning environment. My High School Reform initiative mentary and Secondary Education Act ers are not prepared to teach to high would support innovative reforms to of 1965 (ESEA) and other elementary standards. Teacher quality is a par- improve student achievement in high and secondary education programs. ticular problem in high-poverty My proposal builds on the positive schools, and the problem is often exac- schools, such as expanding the connec- trends achieved under current law. The erbated by the use of paraprofessionals tions between adults and students that ‘‘Improving America’s Schools Act of in instructional roles. are necessary for effective learning and 1994,’’ which reauthorized the ESEA 5 My bill addresses teacher quality by healthy personal development. This years ago, and the ‘‘Goals 2000: Educate holding States accountable for strong- new initiative would provide resources America Act’’ gave States and school er enforcement of their own certifi- to help transform 5,000 high schools districts a framework for integrating cation and licensure requirements, into places where students receive indi- Federal resources in support of State while at the same time providing sub- vidual attention, are motivated to and local reforms based on high aca- stantial support for State and local learn, are provided with challenging demic standards. In response, 48 States, professional development efforts. The courses, and are encouraged to develop the District of Columbia, and Puerto Teaching to High Standards initiative and pursue long-term educational and Rico have adopted State-level stand- in Title II would help move challenging career goals. ards. Recent results of the National As- educational standards into every class- Fourth, in response to clear evidence sessment of Educational Progress room by providing teachers with sus- that standards-based reforms work best (NAEP) show improved performance for tained and intensive high-quality pro- when States have strong account- the economically disadvantaged and fessional development in core academic ability systems in place, my proposal other at-risk students who are the pri- subjects, supporting new teachers dur- would encourage each State to estab- mary focus of ESEA programs. NAEP ing their first 3 years in the classroom, lish a single, rigorous accountability reading scores for 9-year-olds in high- and ensuring that all teachers are pro- system for all schools. The bill also poverty schools have improved signifi- ficient in relevant content knowledge would require States to end social pro- cantly since 1992, while mathematics and teaching skills. motion and traditional retention prac- achievement has also increased nation- The Technology for Education initia- tices; phase out the use of teachers ally. Students in high-poverty schools tive under Title III would expand the with emergency certificates and the and the lowest-performing students— availability of educational technology practice of assigning teachers ‘‘out-of- the specific target populations for the as a tool to help teachers implement field;’’ and implement sound discipline ESEA Title I program—have registered high standards in the classroom, par- policies in every school. Finally, the gains in both reading and math ticularly in high-poverty schools. My bill would give parents an important achievement. bill also would extend, over the next 7 new accountability tool by requiring I am encouraged by these positive years, the Class-Size Reduction initia- State, district, and school-level report trends, but educational results for tive, which aims to reduce class sizes cards that will help them evaluate the many children remain far below what in the early grades by helping districts quality of the schools their children at- they should be. My proposal to reau- to hire and train 100,000 teachers. And tend. thorize the ESEA is based on four the Title VII Bilingual Education pro- Based on high standards for all stu- themes reflecting lessons from re- posal would help ensure that all teach- dents, high-quality professional devel- search and the experience of imple- ers are well trained to teach students opment for teachers, safe and dis- menting the 1994 Act. with limited English proficiency, who ciplined learning environments, and First, we would continue to focus on are found in more and more classrooms accountability to parents and tax- high academic standards for all chil- with each passing year. payers, the Educational Excellence for dren. The underlying purpose of every Third, my bill would increase support All Children Act of 1999 provides a solid program within the ESEA is to help all for safe, healthy, disciplined, and drug- foundation for raising student achieve- children reach challenging State and free learning environments where all ment and narrowing the achievement local academic standards. States have children feel connected, motivated, and gap between disadvantaged students largely completed the first stage of challenged to learn and where parents and their more advantaged peers. More standards-based reform by developing are welcomed and involved. The recent important, it will help prepare all of content standards for all children. My tragedy at Columbine High School in our children, and thus the Nation, for bill would support the next stage of re- Littleton, Colorado, reminds us that the challenges of the 21st century. I form by helping States, school dis- we must be ever vigilant against the urge the Congress to take prompt and tricts, schools, and teachers use these risks of violence and other dangerous favorable action on this proposal. standards to guide classroom instruc- behaviors in our schools. Our reauthor- WILLIAM J. CLINTON. tion and assessment. ization bill includes several measures THE WHITE HOUSE, May 21, 1999. My proposal for reauthorizing Title I, to help mitigate these risks. f for example, would require States to We would strengthen the Safe and NOTICE ON AMENDED MINES PRO- hold school districts and schools ac- Drug-Free Schools and Communities TOCOL—MESSAGE FROM THE countable for student performance Act by concentrating funds on districts PRESIDENT—PM 31 against State standards, including with the greatest need for drug- and vi- helping the lowest-performing students olence-prevention programs, and by The PRESIDING OFFICER laid be- continually to improve. The bill also emphasizing the use of research-based fore the Senate the following message would continue to target Federal ele- programs of proven effectiveness. from the President of the United mentary and secondary education re- Moreover, with respect to students who States; which was referred to the Com- sources on those students furthest bring weapons to school, this proposal mittee on Foreign Relations. from meeting State and local stand- would require schools to refer such stu- To the Senate of the United States: ards, with a particular emphasis on dents to a mental health professional I am gratified that the United States narrowing the gap in achievement be- for assessment and require counseling Senate has given its advice and consent tween disadvantaged students and for those who pose an imminent threat to the ratification of the Amended their more affluent peers. In this re- to themselves or others; allow funding Mines Protocol of the Convention on gard, my proposal would phase in equal for programs that educate students Conventional Weapons.

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5827 The Senate and my Administration, otherwise develop only those tech- EC–3155. A communication from the Dep- working together, reached agreement nologies that (i) are intended to pro- uty Assistant Administrator for Fisheries, on a detailed resolution of advice and vide military effectiveness equivalent National Marine Fisheries Service, Office of consent to ratification, including 13 to that provided by the relevant anti- Sustainable Fisheries, Department of Com- merce, transmitting, pursuant to law, the re- conditions covering issues of signifi- personnel mine, or mixed anti-tank port of a rule entitled ‘‘Fisheries off West cant interest and concern. I will imple- system; and (ii) would be affordable. Coast States and in the Western Pacific; ment these provisions. I will, of course, In connection with Condition (7), Cer- West Coast Salmom Fisheries; 1999 Manage- do so without prejudice to my Con- tification with Regard to International ment Measures’’ (RIN0648–AK21), received stitutional authorities. A condition in Tribunals, with respect to the Amend- May 12, 1999; to the Committee on Com- a resolution of advice and consent to ed Mines Protocol, the Convention on merce, Science, and Transportation. ratification cannot alter the allocation Conventional Weapons, or any future EC–3156. A communication from the Dep- uty Assistant Administrator for Fisheries, of authority and responsibility under protocol or amendment thereto, the United States shall not recognize the National Marine Fisheries Service, Office of the Constitution, for both the Congress Sustainable Fisheries, Department of Com- and the President. jurisdiction of any international tri- merce, transmitting, pursuant to law, the re- I am grateful to Majority Leader bunal over the United States or any of port of a rule entitled ‘‘Interim Rule to Cer- Lott, Minority Leader Daschle, and its citizens. tify Jones-Davis and Gulf Fisheye Bycatch Senators Helms, Biden, Leahy, and the WILLIAM J. CLINTON. Reduction Devices Under Amendment 9 to many others who have assisted in this THE WHITE HOUSE, May 24, 1999. the Fishery Management Plan for the ratification effort. It is clear that the f Shrimp Fishery of the Gulf of Mexico’’ (RIN0648–AL14), received April, 26, 1999; to practical result of our work together EXECUTIVE AND OTHER the Committee on Commerce, Science, and on the Protocol will well serve the crit- COMMUNICATIONS Transportation. ical humanitarian interest of pro- The following communications were EC–3157. A communication from the Dep- uty Assistant Administrator for Fisheries, tecting civilians from the dangers laid before the Senate, together with posed to them by landmines, as well as National Marine Fisheries Service, Office of accompanying papers, reports, and doc- Sustainable Fisheries, Department of Com- the imperative requirements of ensur- uments, which were referred as indi- ing the safety and effectiveness of U.S. merce, transmitting, pursuant to law, the re- cated: port of a rule entitled ‘‘Final Rule to Imple- military forces. In this spirit, I express EC–3149. A communication from the Sec- ment Framework Adjustment 28’’ (RIN0648– my hope that the Protocol will lead to retary of Transportation, transmitting, pur- AM10), received April 2, 1999; to the Com- further sound advances in the develop- suant to law, a report entitled ‘‘Effectiveness mittee on Commerce, Science, and Transpor- ment of the international law of armed of Occupant Protection Systems and Their tation. conflict. Use’’ dated April 1999; to the Committee on EC–3158. A communication from the Dep- WILLIAM J. CLINTON. Commerce, Science, and Transportation. uty Assistant Administrator for Fisheries, EC–3150. A communication from the Pro- National Marine Fisheries Service, Office of THE WHITE HOUSE, May 24, 1999. gram Analyst, Office of the Chief Counsel, Sustainable Fisheries, Department of Com- f Federal Aviation Administration, Depart- merce, transmitting, pursuant to law, the re- ment of Transportation, transmitting, pur- port of a rule entitled ‘‘Magnuson-Stevens NOTICE ON AMENDED PROTOCOL suant to law, the report of a rule entitled Act Provisions; Financial Disclosure’’ ON PROHIBITIONS OR RESTRIC- ‘‘Establishment of Class C Airspace and Rev- (RIN0648–AG16), received May 6, 1999; to the TIONS ON THE USE OF MINES, ocation of Class D Airspace, Austin- Committee on Commerce, Science, and BOOBY-TRAPS AND OTHER DE- Bergstrom International Airport, TX; and Transportation. VICES, TOGETHER WITH ITS Revocation of Robert Mueller Municipal Air- EC–3159. A communication from the Dep- TECHNICAL ANNEX—MESSAGE port Class C; Delay of Effective Date; Docket uty Assistant Administrator for Fisheries, FROM THE PRESIDENT—PM 32 No. 97–AWA–4/4–30 (5–3)’’ (RIN2120–AA66) National Marine Fisheries Service, Office of (1999–0170), received May 3, 1999; to the Com- Sustainable Fisheries, Department of Com- The PRESIDING OFFICER laid be- mittee on Commerce, Science, and Transpor- merce, transmitting, pursuant to law, the re- fore the Senate the following message tation. port of a rule entitled ‘‘Fisheries of the Ex- from the President of the United EC–3151. A communication from the Chief, clusive Economic Zone Off Alaska; Western States; which was referred to the Com- Office of Regulations and Administrative Alaska Community Development Quota Pro- mittee on Foreign Relations. Law, U.S. Coast Guard, Department of gram’’ (RIN0648–AL21), received April 26, Transportation, transmitting, pursuant to 1999; to the Committee on Commerce, To the Congress of the United States: law, the report of a rule entitled ‘‘Safety/Se- Science, and Transportation. In accordance with the resolution of curity Zone Regulations; Port of New York/ EC–3160. A communication from the Acting advice and consent to ratification of New Jersey Fleet Week (CGD001–98–170)’’ Director, National Marine Fisheries Service, the Amended Protocol on Prohibitions (RIN2115–AA97) (1999–0017), received May 10, Office of Sustainable Fisheries, Department 1999; to the Committee on Commerce, of Commerce, transmitting, pursuant to law, or Restrictions on the Use of Mines, Science, and Transportation. the report of a rule entitled ‘‘Fisheries of the Booby-Traps and Other Devices, to- EC–3152. A communication from the Chief, Exclusive Economic Zone Off Alaska; Pacific gether with its Technical Annex, Office of Regulations and Administrative Cod by Catcher Processors Using Trawl Gear adopted by the Senate of the United Law, U.S. Coast Guard, Department of in the Bering Sea and Aleutian Islands’’, re- States on May 20, 1999, I hereby certify Transportation, transmitting, pursuant to ceived May 6, 1999; to the Committee on that: law, the report of ten rules relative to Re- Commerce, Science, and Transportation. In connection with Condition (1)(B), gatta Regulations (RIN2115–AE46) (1999–0009), EC–3161. A communication from the Acting received April 9, 1999; to the Committee on Director, National Marine Fisheries Service, Pursuit Deterrent Munition, the Pur- Commerce, Science, and Transportation. Office of Sustainable Fisheries, Department suit Deterrent Munition shall continue EC–3153. A communication from the Aero- of Commerce, transmitting, pursuant to law, to remain available for use by the nautical Information Specialist, Federal the report of a rule entitled ‘‘Fisheries off United States Armed Forces at least Aviation Administration, Department of West Coast States and in the Western Pa- until January 1, 2003, unless an effec- Transportation, transmitting, pursuant to cific; Pacific Coast Groundfish Fishery; Trip tive alternative to the munition be- law, the report of a rule entitled ‘‘Standard Limit Adjustments’’, received May 3, 1999; to comes available. Instrument Approach Procedures; Miscella- the Committee on Commerce, Science, and In connection with Condition (6), neous Amendments (30); Amdt. No. 1929’’ Transportation. (RIN2120–AA65), received May 4, 1999; to the EC–3162. A communication from the Prin- Land Mine Alternatives, in pursuing Committee on Commerce, Science, and cipal Deputy, Acquisition and Technology, alternatives to United States anti-per- Transportation. Office of the Under Secretary of Defense, sonnel mines or mixed anti-tank sys- EC–3154. A communication from the Aero- transmitting Selected Acquisition Reports tems, I will not limit the types of al- nautical Information Specialist, Federal (SARs) for the quarter ending December 31, ternatives to be considered on the basis Aviation Administration, Department of 1998; to the Committee on Armed Services. of any criteria other than those speci- Transportation, transmitting, pursuant to EC–3163. A communication from the Acting fied in the sentence that follows. In law, the report of a rule entitled ‘‘Standard Director, National Marine Fisheries Service, Instrument Approach Procedures; Miscella- Office of Sustainable Fisheries, Department pursuit of alternatives to United neous Amendments (82); Amdt. No. 1928’’ of Commerce, transmitting, pursuant to law, States anti-personnel mines, or mixed (RIN2120–AA65), received May 4, 1999; to the the report of a rule entitled ‘‘Fisheries of the anti-tank systems, the United States Committee on Commerce, Science, and Exclusive Economic Zone Off Alaska; Spe- shall seek to identify, adapt, modify, or Transportation. cies in the Rock sole/Flathead sole/‘Other

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5828 CONGRESSIONAL RECORD — SENATE May 24, 1999 flatfish’ Fishery Category by Vessels Using the report of a rule entitled ‘‘Fisheries of the pursuant to law, the report of a rule entitled Trawl Gear in Bering Sea and Aleutian Is- Exclusive Economic Zone Off Alaska; Pacific ‘‘Notice 99–22: Low-Income Housing Tax lands Management Area’’, received April 30, Cod for Vessels Using Hook-and-Line and Pot Credit—1999 Possessions Population Figures’’ 1999; to the Committee on Commerce, Gear in the Bering Sea and Aleutian Is- (OGI–121622–98), received May 10, 1999; to the Science and Transportation. lands’’, received April 22, 1999; to the Com- Committee on Finance. EC–3164. A communication from the Acting mittee on Commerce, Science, and Transpor- EC–3182. A communication from the Ad- Director, National Marine Fisheries Service, tation. ministrator, Energy Information Adminis- Office of Sustainable Fisheries, Department EC–3173. A communication from the Attor- tration, Department of Energy, transmitting of Commerce, transmitting, pursuant to law, ney Advisor, National Highway Traffic Safe- a report entitled ‘‘Analysis of the Climate the report of a rule entitled ‘‘Fisheries of the ty Administration, Department of Transpor- Change Technology Initiative’’, dated April Exclusive Economic Zone Off Alaska; Pacific tation, transmitting, pursuant to law, the re- 1999; to the Committee on Finance. Cod in the Gulf of Alaska’’, received April 29, port of a rule entitled ‘‘Bumper Safety EC–3183. A communication from the Gen- 1999; to the Committee on Commerce, Standards’’ (RIN2127–AH59), received April 6, eral Counsel, Federal Emergency Manage- Science, and Transportation. 1999; to the Committee on Commerce, ment Agency, transmitting, a draft of pro- EC–3165. A communication from the Acting Science, and Transportation. posed legislation to exempt disaster employ- Director, National Marine Fisheries Service, EC–3174. A communication from the Attor- ees from filing Virgin Island income tax Office of Sustainable Fisheries, Department ney Advisor, National Highway Traffic Safe- forms; to the Committee on Finance. of Commerce, transmitting, pursuant to law, ty Administration, Department of Transpor- EC–3184. A communication from the Assist- the report of a rule entitled ‘‘Fisheries of the tation, transmitting, pursuant to law, the re- ant Secretary, Legislative Affairs, Depart- Exclusive Economic Zone Off Alaska; Pacific port of a rule entitled ‘‘Light Truck Fuel ment of State, transmitting, pursuant to Cod in the Western Regulatory Area in the Economy Standards for Model Year 2001’’ law, the report of a certification of a pro- Gulf of Alaska’’, received April 19, 1999; to (RIN2127–AH52), received April 6, 1999; to the posed Manufacturing License Agreement the Committee on Commerce, Science, and Committee on Commerce, Science, and with Poland; to the Committee on Foreign Transportation. Transportation. Relations. EC–3166. A communication from the Acting EC–3175. A communication from the Attor- EC–3185. A communication from the Assist- Director, National Marine Fisheries Service, ney Advisor, National Highway Traffic Safe- ant Secretary, Legislative Affairs, Depart- Office of Sustainable Fisheries, Department ty Administration, Department of Transpor- ment of State, transmitting, pursuant to of Commerce, transmitting, pursuant to law, tation, transmitting, pursuant to law, the re- law, the report of a certification of a pro- the report of a rule entitled ‘‘Fisheries off port of a rule entitled ‘‘Procedures for Par- posed Manufacturing License Agreement West Coast States and in the Western Pa- ticipation in and Receiving Data from the with Turkey; to the Committee on Foreign cific; West Coast Salmon Fisheries; Inseason National Driver Register Problem Driver Relations. Adjustments From Cape Falcon, OR to Point Pointer System’’ (RIN2127–AH54), received EC–3186. A communication from the Assist- Pitas, CA’’, received April 12, 1999; to the April 15, 1999; to the Committee on Com- ant Secretary, Legislative Affairs, Depart- Committee on Commerce, Science, and merce, Science, and Transportation. ment of State, transmitting, pursuant to Transportation. EC–3176. A communication from the Attor- law, the report of a certification of a pro- EC–3167. A communication from the Acting ney Advisor, National Highway Traffic Safe- posed Manufacturing License Agreement Director, National Marine Fisheries Service, ty Administration, Department of Transpor- with Norway; to the Committee on Foreign Office of Sustainable Fisheries, Department tation, transmitting, pursuant to law, the re- Relations. of Commerce, transmitting, pursuant to law, port of a rule entitled ‘‘Test Device Place- EC–3187. A communication from the Assist- the report of a rule entitled ‘‘Fisheries of the ment’’ (RIN2127–AF40), received April 22, ant Secretary, Legislative Affairs, Depart- Northeastern United States—Announcement 1999; to the Committee on Commerce, ment of State, transmitting, pursuant to That the Scup Commercial Quota Has Been Science, and Transportation. law, the report of a certification of a pro- Harvested for the Winter I Period’’, received EC–3177. A communication from the Chief, posed export license with the United King- April 22, 1999; to the Committee on Com- Policy and Program Planning Division, Com- dom; to the Committee on Foreign Rela- merce, Science, and Transportation. mon Carrier Bureau, Federal Communica- tions. EC–3168. A communication from the Acting tions Commission, transmitting, pursuant to EC–3188. A communication from the Assist- Director, National Marine Fisheries Service, law, the report of a rule entitled ‘‘Implemen- ant Secretary, Legislative Affairs, Depart- Office of Sustainable Fisheries, Department tation of the Local Competition Provisions ment of State, transmitting, pursuant to of Commerce, transmitting, pursuant to law, in the Telecommunication Act of 1996’’ (CC law, the report of a list of countries not co- the report of a rule entitled ‘‘Fisheries of the Docket No. 96–98; 3rd Order on Reconsider- operating with U.S. antiterrorism efforts; to Exclusive Economic Zone Off Alaska; Atka ation and Further NPRM), received May 14, the Committee on Foreign Relations. Mackerel in the Central Aleutian District of 1999; to the Committee on Commerce, EC–3189. A communication from the Presi- the Bering Sea and Aleutian Islands’’, re- Science, and Transportation. dent, Inter-American Foundation, transmit- ceived April 22, 1999; to the Committee on EC–3178. A communication from the Chief, ting, a draft of proposed legislation amend- Commerce, Science, and Transportation. Policy and Program Planning Division, Com- ing the Foreign Assistance Act of 1969; to the EC–3169. A communication from the Acting mon Carrier Bureau, Federal Communica- Committee on Foreign Relations. Director, National Marine Fisheries Service, tions Commission, transmitting, pursuant to EC–3190. A communication from the Direc- Office of Sustainable Fisheries, Department law, the report of a rule entitled ‘‘Policy and tor, Administration and Management, Office of Commerce, transmitting, pursuant to law, Rules Concerning the Interstate, Inter- of the Secretary of Defense, transmitting, the report of a rule entitled ‘‘Fisheries of the exchange Market Place Implementation of pursuant to law, a report relative to two va- Exclusive Economic Zone Off Alaska; Shal- Section 254(g) of the Communications Act of cancies in the Department of Defense; to the low-water Species Fishery by Vessels Using 1934, as amended’’ (CC Docket No. 96–61), re- Committee on Armed Services. Trawl Gear in the Gulf of Alaska’’, received ceived April 22, 1999; to the Committee on EC–3191. A communication from the Assist- April 22, 1999; to the Committee on Com- Commerce, Science, and Transportation. ant Secretary, Legislative Affairs, Depart- merce, Science, and Transportation. EC–3179. A communication from the Chief, ment of State, transmitting, pursuant to EC–3170. A communication from the Acting Policy and Program Planning Division, Com- law, an annual report relative to the Panama Director, National Marine Fisheries Service, mon Carrier Bureau, Federal Communica- Canal Treaty of 1997; to the Committee on Office of Sustainable Fisheries, Department tions Commission, transmitting, pursuant to Armed Services. of Commerce, transmitting, pursuant to law, law, the report of a rule entitled ‘‘Deploy- EC–3192. A communication from the Dep- the report of a rule entitled ‘‘Fisheries of the ment of Wireline Services Offering Advanced uty Director of Central Intelligence for Com- Exclusive Economic Zone Off Alaska; Atka Telecommunications Capability, First Re- munity Management and the Senior Civilian Mackerel; in the Central Aleutian District of port and Order and Further Notice of Pro- Official, OASD(C3I), Department of Defense, the Bering Sea and Aleutian Islands’’, re- posed Rulemaking’’ (FCC 99–48), received transmitting jointly, pursuant to law, a re- ceived April 22, 1999; to the Committee on April 27, 1999; to the Committee on Com- port relative to Year 2000 compliance; to the Commerce, Science, and Transportation. merce, Science, and Transportation. Committee on Armed Services. EC–3171. A communication from the Acting EC–3180. A communication from the Chief, EC–3193. A communication from the Ad- Director, National Marine Fisheries Service, Policy and Program Planning Division, Com- ministrator, Agricultural Marketing Serv- Office of Sustainable Fisheries, Department mon Carrier Bureau, Federal Communica- ice, Department of Agriculture, transmit- of Commerce, transmitting, pursuant to law, tions Commission, transmitting, pursuant to ting, pursuant to law, the report of a rule en- the report of a rule entitled ‘‘Fisheries of the law, the report of a rule entitled ‘‘Computer titled ‘‘Milk in Iowa Marketing Area; Revi- Exclusive Economic Zone Off Alaska; Pacific III Further Remand Proceedings: Bell Oper- sion of Rule, DA–99–02’’, received May 18, Cod in the Gulf of Alaska’’, received April 22, ating Company Provision of Enhanced Serv- 1999; to the Committee on Agriculture, Nu- 1999; to the Committee on Commerce, ices’’ (CC Docket No. 95–20), received April trition, and Forestry. Science, and Transportation. 14, 1999; to the Committee on Commerce, EC–3194. A communication from the Sec- EC–3172. A communication from the Acting Science, and Transportation. retary of Labor, transmitting, pursuant to Director, National Marine Fisheries Service, EC–3181. A communication from the Chief, law, a report relative to the Uniformed Serv- Office of Sustainable Fisheries, Department Regulations Unit, Internal Revenue Service, ices Employment and Reemployment Rights of Commerce, transmitting, pursuant to law, Department of the Treasury, transmitting, Act; to the Committee on Veterans’ Affairs.

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5829 EC–3195. A communication from the Direc- EC–3206. A communication from the Direc- volving U.S. exports to the Republic of tor, Office of Regulations Management, Vet- tor, Regulations Policy and Management Korea; to the Committee on Banking, Hous- erans Benefits Administration, Department Staff, Food and Drug Administration, De- ing, and Urban Affairs. of Veterans Affairs, transmitting, pursuant partment of Health and Human Services, EC–3218. A communication from the Chair- to law, the report of a rule entitled ‘‘Sched- transmitting, pursuant to law, the report of man, National Credit Union Administration, ule for Rating Disabilities; Diseases of the a rule entitled ‘‘Indirect Food Additives: Ad- transmitting, pursuant to law, the report of Ear and other Sense Organs’’ (RIN2900–AF22), juvants, Production Aids, and Sanitizers’’, a rule relative to prompt corrective action received May 12, 1999; to the Committee on received May 11, 1999; to the Committee on for federally insured credit unions, received Veterans’ Affairs. Health, Education, Labor, and Pensions. May 11, 1999; to the Committee on Banking, EC–3196. A communication from the Ad- EC–3207. A communication from the Direc- Housing, and Urban Affairs. ministrator, Energy Information Adminis- tor, Regulations Policy and Management EC–3219. A communication from the Man- tration, Department of Energy, transmit- Staff, Food and Drug Administration, De- aging Director, Federal Housing Finance ting, pursuant to law, the annual report for partment of Health and Human Services, Board, transmitting, pursuant to law, the re- calendar year 1998; to the Committee on En- transmitting, pursuant to law, the report of port of a rule entitled ‘‘Amendment of Af- ergy and Natural Resources. a rule entitled ‘‘Listing of Color Additives fordable Housing Program Regulation’’ EC–3197. A communication from the Ad- for Coloring Sutures; {Phtalocyaninato (2–)} (RIN3060–AA82), received May 12, 1999; to the ministrator, Energy Information Adminis- Copper’’, received May 5, 1999; to the Com- Committee on Banking, Housing, and Urban tration, Department of Energy, transmit- mittee on Health, Education, Labor, and Affairs. ting, pursuant to law, a report entitled ‘‘Ura- Pensions. EC–3220. A communication from the Man- nium Industry Annual 1998’’; to the Com- EC–3208. A communication from the Direc- aging Director, Federal Housing Finance mittee on Energy and Natural Resources. tor, Regulations Policy and Management Board, transmitting, pursuant to law, the re- EC–3198. A communication from the Assist- Staff, Food and Drug Administration, De- port of a rule entitled ‘‘Amendment of Af- ant General Counsel for Regulatory Law, Of- partment of Health and Human Services, fordable Housing Program Regulation’’ fice of Safeguards and Security, Department transmitting, pursuant to law, the report of (RIN3069–AA73), received May 12, 1999; to the of Energy, transmitting, pursuant to law, a rule entitled ‘‘Indirect Food Additives: Ad- Committee on Banking, Housing, and Urban the report of a rule entitled ‘‘Manual for Nu- juvant, Production Aids, and Sanitizers’’, re- Affairs. clear Materials Management and Safeguards ceived May 14, 1999; to the Committee on EC–3221. A communication from the Assist- System Reporting and Data Management’’ Health, Education, Labor, and Pensions. ant Secretary for Export Administration, (DOE M 447.1–2), received May 12, 1999; to the EC–3209. A communication from the Direc- Bureau of Export Administration, Depart- Committee on Energy and Natural Re- tor, Regulations Policy and Management ment of Commerce, transmitting, pursuant sources. Staff, Food and Drug Administration, De- to law, the report of a rule entitled ‘‘Exports EC–3199. A communication from the Acting partment of Health and Human Services, to Cuba’’ (RIN0694–AB93), received May 11, Assistant General Counsel for Regulatory transmitting, pursuant to law, the report of 1999; to the Committee on Banking, Housing, Law, Office of Field Management, Depart- a rule entitled ‘‘Indirect Food Additives: Ad- and Urban Affairs. ment of Energy, transmitting, pursuant to juvant, Production Aids, and Sanitizers’’, re- EC–3222. A communication from the Assist- law, the report of a rule entitled ‘‘Estab- ceived May 18, 1999; to the Committee on ant Secretary for Export Administration, lishing and Maintaining a Facility Rep- Health, Education, Labor, and Pensions. Bureau of Export Administration, Depart- resentative Program at DOE Facilities’’ EC–3210. A communication from the Sec- ment of Commerce, transmitting, pursuant (DOE STD 1063–97), received May 12, 1999; to retary of Health and Human Services, trans- to law, the report of a rule entitled ‘‘Imple- the Committee on Energy and Natural Re- mitting, a draft of proposed legislation enti- mentation of the Chemical Weapons Conven- sources. tled ‘‘Children’s Hospitals Graduate Medical tion; Revisions to the Export Administration EC–3200. A communication from the Acting Education Act of 1999’’; to the Committee on Regulations’’ (RIN0694–AB67), received May Assistant General Counsel for Regulatory Health, Education, Labor, and Pensions. 11, 1999; to the Committee on Banking, Hous- Law, Office of Environment, Safety and EC–3211. A communication from the Sec- ing, and Urban Affairs. Health, Department of Energy, transmitting, retary of Health and Human Services, trans- EC–3223. A communication from the Dep- pursuant to law, the report of a rule entitled mitting, a draft of proposed legislation enti- uty Secretary, Securities and Exchange ‘‘Integration of Environment, Safety and tled ‘‘FDA Review Fee Act of 1999’’; to the Commission, transmitting, pursuant to law, Health into Facility Disposition Activities’’ Committee on Health, Education, Labor, and the report of a rule entitled ‘‘Rulemaking for (DOE STD 1120–98), received May 12, 1999; to Pensions. EDGAR System’’ (RIN3235–AH70), received the Committee on Energy and Natural Re- EC–3212. A communication from the Sec- May 17, 1999; to the Committee on Banking, sources. retary of Health and Human Services, trans- Housing, and Urban Affairs. EC–3201. A communication from the Gov- mitting, pursuant to law, a report relative to EC–3224. A communication from the Gen- ernor, Commonwealth of the Northern Mar- the National Health Service Corps; to the eral Counsel, Federal Emergency Manage- iana Islands, transmitting a report relative Committee on Health, Education, Labor, and ment Agency, transmitting, pursuant to law, to the Federal-CNMI Initiative on Labor Im- Pensions. the report of a rule entitled ‘‘List of Commu- migration, and Law Enforcement, dated EC–3213. A communication from the Sec- nities Eligible for the Sale For Flood Insur- April 1999; to the Committee on Energy and retary of Education, transmitting, pursuant ance, 64 FR 24957, 05/10/99’’ (Docket No. Natural Resources. to law, a report relative to the Higher Edu- FEMA–7712), received May 18, 1999; to the EC–3202. A communication from the Chair- cation Act of 1965; to the Committee on Committee on Banking, Housing, and Urban man, Federal Energy Regulatory Commis- Health, Education, Labor, and Pensions. Affairs. sion, transmitting, pursuant to law, the re- EC–3214. A communication from the Direc- EC–3225. A communication from the Direc- port of a rule entitled ‘‘Complaint Proce- tor, National Science Foundation, transmit- tor, Office of Personnel Management, trans- dures’’ (Docket No. RM98–13–000), received ting, pursuant to law, a report entitled mitting, pursuant to law, the report of a rule May 17, 1999; to the Committee on Energy ‘‘Women, Minorities, and Persons with Dis- entitled ‘‘Authorization of Solicitations dur- and Natural Resources. abilities in Science and Engineering: 1998’’; ing the Combined Federal Campaign’’ EC–3203. A communication from the Acting to the Committee on Health, Education, (RIN3206–AI53), received May 18, 1999; to the Assistant Secretary, Land and Minerals Labor, and Pensions. Committee on Governmental Affairs. Management, Department of the Interior, EC–3215. A communication from the Chief EC–3226. A communication from the Legal transmitting, a report entitled ‘‘Oil and Gas Executive Officer, Corporation for National Advisor, Cable Services Bureau, Federal Leasing Program Evaluation Report’’, dated Service, transmitting, pursuant to law, the Communications Commission, transmitting, October 1998; to the Committee on Energy annual report for calendar year 1998; to the pursuant to law, the report of a rule entitled and Natural Resources. Committee on Health, Education, Labor, and ‘‘Report and Order: In the Matter of Cable EC–3204. A communication from the Direc- Pensions. Act Reform Provisions of the Telecommuni- tor, Office of Surface Mining, Department of EC–3216. A communication from the Sec- cations Act of 1996’’ (CS Docket No. 98–85, the Interior, transmitting, pursuant to law, retary of the Treasury, the Chairman of the FCC 99–57), received April 27, 1999; to the the report of a rule entitled ‘‘West Virginia Board of Governors of the Federal Reserve, Committee on Commerce, Science, and Regulatory Program’’ (SPATS No. WV–077– the Chairman of the Securities and Exchange Transportation. FOR), received May 10, 1999; to the Com- Commission and the Chairperson of the Com- EC–3227. A communication from the Legal mittee on Energy and Natural Resources. modity Futures Trading Commission, trans- Advisor, Cable Services Bureau, Federal EC–3205. A communication from the Direc- mitting, jointly, a report entitled ‘‘Hedge Communications Commission, transmitting, tor, Corporate Policy and Research Depart- Funds, Leverage, and the Lessons of Long- pursuant to law, the report of a rule entitled ment, Pension Benefit Guaranty Corpora- Term Capital Management’’, dated April ‘‘Report and Order: In the Matter of 1998 Bi- tion, transmitting, pursuant to law, the re- 1999; to the Committee on Banking, Housing, ennial Regulatory Review—Streamlining of port of a rule entitled ‘‘Allocation of Assets and Urban Affairs. Cable Television Services Part 76 Public File in Single-Employer Plans; Interest Assump- EC–3217. A communication from the Presi- and Notice Requirements’’ (CS Docket No. tions for Valuing Benefits’’, received May 12, dent and Chairman, Export-Import Bank of 98–132, FCC 99–12), received April 27, 1999; to 1999; to the Committee on Health, Education, the United States, transmitting, pursuant to the Committee on Commerce, Science, and Labor, and Pensions. law, a report relative to a transaction in- Transportation.

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5830 CONGRESSIONAL RECORD — SENATE May 24, 1999 EC–3228. A communication from the Asso- EC–3237. A communication from the Chief, Coast Guard, Department of Transportation, ciate Chief, International Bureau, Telecom Regulations and Administrative Law, U.S. transmitting, pursuant to law, the report of Division, Federal Communications Commis- Coast Guard, Department of Transportation, a rule entitled ‘‘Vessel Identification System sion, transmitting, pursuant to law, the re- transmitting, pursuant to law, the report of (CGD 89–050)’’ (RIN2115–AD35) (1999–0001), re- port of a rule entitled ‘‘Report and Order: In a rule entitled ‘‘Implementation of the Na- ceived April 15, 1999; to the Committee on the Matter of 1998 Biennial Regulatory Re- tional Invasive Species Act of 1996 (CGD97– Commerce, Science, and Transportation. view, Reform of the International Settle- 068) (USCG–1999–3423)’’ (RIN2115–AF55) (1999– EC–3247. A communication from the Chief, ment Policy and Associated Filing Require- 0001), received May 13, 1999; to the Com- Regulations and Administrative Law, U.S. ments, et al.’’ (IB Docket No. 98–148, FCC 99– mittee on Commerce, Science, and Transpor- Coast Guard, Department of Transportation, 73), received May 14, 1999; to the Committee tation. transmitting, pursuant to law, the report of on Commerce, Science, and Transportation. EC–3238. A communication from the Chief, a rule entitled ‘‘Regulated Navigation Areas; EC–3229. A communication from the Asso- Regulations and Administrative Law, U.S. Mississippi River, LA: (CGD 08–97–020)’’, ciate Chief, International Bureau, Telecom Coast Guard, Department of Transportation, (RIN2115–AE84) (1999–0003), received April 15, Division, Federal Communications Commis- transmitting, pursuant to law, the report of 1999; to the Committee on Commerce, sion, transmitting, pursuant to law, the re- a rule entitled ‘‘Safety/Security Zone Regu- Science, and Transportation. port of a rule entitled ‘‘Replacement of Part lations; Pepsi Gala Fireworks, New York EC–3248. A communication from the Rules 90 by Part 88 to Revise the Private Land Mo- Harbor, Upper Bay (CGD01–99–048)’’ (RIN2115– Administrator, Federal Bureau of Prisons, bile Radio Services and Modify the Policies AA97) (1999–0019), received May 13, 1999; to Department of Justice, transmitting, pursu- Governing Them and Examination of Exclu- the Committee on Commerce, Science, and ant to law, the report of a rule entitled ‘‘Vis- sivity and Frequency Assignment Policies of Transportation. iting: Notification to Visitors’’ (RIN1120– the Land Mobile Services. Second Memo- EC–3239. A communication from the Chief, AA67), received May 14, 1999; to the Com- randum Opinion and Order’’ (PR Docket No. Regulations and Administrative Law, U.S. mittee on the Judiciary. 99–235, FCC 99–68), received May 14, 1999; to Coast Guard, Department of Transportation, EC–3249. A communication from the Direc- the Committee on Commerce, Science, and transmitting, pursuant to law, the report of tor, Policy Directives and Instructions Transportation. a rule entitled ‘‘Safety/Security Zone Regu- Branch, Immigration and Naturalization EC–3230. A communication from the Regu- lations; Santa Barbara Channel, CA (COTP Service, Department of Justice, transmit- lations Officer, Federal Highway Adminis- Los Angeles-Long Beach 99–001)’’ (RIN2115– ting, pursuant to law, the report of a rule en- tration, Department of Transportation, AA97) (1999–0015), received April 15, 1999; to titled ‘‘Adjustment of Status for Certain Na- transmitting, pursuant to law, the report of the Committee on Commerce, Science, and tionals in Haiti’’ (RIN1115–AF33) (INS No. a rule entitled ‘‘Parts and Accessories Nec- Transportation. 1963–98), received May 13, 1999; to the Com- essary for Safe Operation; Lighting Devices, EC–3240. A communication from the Chief, mittee on the Judiciary. Reflectors, and Electrical Equipment’’ Regulations and Administrative Law, U.S. EC–3250. A communication from the Direc- (RIN2125–AD27), received April 2, 1999; to the Coast Guard, Department of Transportation, tor, National Legislative Commission, The Committee on Commerce, Science, and transmitting, pursuant to law, the report of American Legion, transmitting, pursuant to Transportation. a rule entitled ‘‘Drawbridge Regulations; EC–3231. A communication from the Attor- Gulf Intracoastal Waterway, LA (CGD–08–99– law, the consolidated financial statements ney, Office of the Chief Counsel, Federal 028)’’ (RIN2115–AE47) (1999–0010), received for the calendar years 1997 and 1998; to the Aviation Administration, Department of May 13, 1999; to the Committee on Com- Committee on the Judiciary. Transportation, transmitting, pursuant to merce, Science, and Transportation. EC–3251. A communication from the Acting law, the report of a rule entitled ‘‘Commer- EC–3241. A communication from the Chief, Assistant Attorney General, Department of cial Space Transportation Licensing Regula- Regulations and Administrative Law, U.S. Justice, transmitting a draft of proposed leg- tions’’ (RIN21205–AF99), received April 19, Coast Guard, Department of Transportation, islation entitled ‘‘Chemical Safety Informa- 1999; to the Committee on Commerce, transmitting, pursuant to law, the report of tion and Site Security Act of 1999’’; to the Science, and Transportation. a rule entitled ‘‘Chemical Testing; Manage- Committee on the Judiciary. EC–3232. A communication from the Trial ment Information System Reporting Re- EC–3252. A communication from the Acting Attorney, Federal Railroad Administration, quirements (USCG–1998–4469)’’ (RIN2115– Assistant Attorney General, Department of Department of Transportation, transmitting, AF67), received May 3, 1999; to the Com- Justice, transmitting, pursuant to law, the pursuant to law, the report of a rule entitled mittee on Commerce, Science, and Transpor- annual report relative to the activities and ‘‘Passenger Equipment Safety Standards’’ tation. operations of the Public Integrity Section, (RIN2130–AA95), received May 13, 1999; to the EC–3242. A communication from the Chief, Criminal Division for calendar year 1997; to Committee on Commerce, Science, and Regulations and Administrative Law, U.S. the Committee on the Judiciary. Transportation. Coast Guard, Department of Transportation, EC–3253. A communication from the Direc- EC–3233. A communication from the Direc- transmitting, pursuant to law, the report of tor, Administrative Office of the United tor, Office of Sustainable Fisheries, National a rule entitled ‘‘Waiver application; tank States Courts, transmitting, pursuant to Marine Fisheries Service, Department of vessel; reduction of gross tonnage (USCG– law, two reports entitled ‘‘1998 Activities of Commerce, transmitting, pursuant to law, 1999–5451)’’, received May 3, 1999; to the Com- the Administrative Office of the United the report of a rule entitled ‘‘Notice of Ap- mittee on Commerce, Science, and Transpor- States Courts’’ and ‘‘1998 Judicial Business proval of Fishery Management Plan Amend- tation. of the United States Courts’’ for fiscal year ments’’ (RIN0648–AL40), received April 26, EC–3243. A communication from the Chief, 1998; to the Committee on the Judiciary. Regulations and Administrative Law, U.S. 1999; to the Committee on Commerce, f Science, and Transportation. Coast Guard, Department of Transportation, EC–3234. A communication from the Direc- transmitting, pursuant to law, the report of PETITIONS AND MEMORIALS tor, Office of Sustainable Fisheries, National a rule entitled ‘‘Regatta Regulations; SLR; The following petitions and memo- Marine Fisheries Service, Department of Charleston to Bermuda Sailboat Race, Commerce, transmitting, pursuant to law, Charleston, SC (CGD07–99–024)’’ (RIN2115– rials were laid before the Senate and the report of a rule entitled ‘‘Atlantic Shark AE46) (1999–0013), received May 3, 1999; to the were referred or ordered to lie on the Fisheries; Large Coastal Shark Species; Clo- Committee on Commerce, Science, and table as indicated: sure’’ (I.D. 031899B), received April 6, 1999; to Transportation. POM–124. A resolution adopted by the Sen- the Committee on Commerce, Science, and EC–3244. A communication from the Chief, ate of the General Assembly of the State of Transportation. Regulations and Administrative Law, U.S. Illinois relative to senior citizens; to the EC–3235. A communication from the Direc- Coast Guard, Department of Transportation, Committee on Finance. tor, Office of Sustainable Fisheries, National transmitting, pursuant to law, the report of SENATE RESOLUTION NO. 70 Marine Fisheries Service, Department of a rule entitled ‘‘Regatta Regulations; SLR; Commerce, transmitting, pursuant to law, City of Augusta, GA (CGD07–98–068)’’ Whereas, The Balanced Budget Act of 1997 the report of a rule entitled ‘‘Adjustments to (RIN2115–AE46) (1999–0011), received April 19, established a new reimbursement system for the 1999 Summer Flounder Commercial 1999; to the Committee on Commerce, Medicare home health services effective for Quota’’, received April 16, 1999; to the Com- Science, and Transportation. cost reporting periods beginning on or after mittee on Commerce, Science, and Transpor- EC–3245. A communication from the Chief, October 1, 1997 which has threatened to ruin tation. Regulations and Administrative Law, U.S. the home health benefit; and EC–3236. A communication from the Direc- Coast Guard, Department of Transportation, Whereas, The Balanced Budget Act of 1997 tor, Office of Sustainable Fisheries, National transmitting, pursuant to law, the report of created an interim payment system which is Marine Fisheries Service, Department of a rule entitled ‘‘Oil Pollution Act of 1990 cost-based with reduced limits and is in ef- Commerce, transmitting, pursuant to law, (OPA 90) Phase-out Requirements for Single fect until a prospective payment system is the report of a rule entitled ‘‘Fisheries of the Hull Tank Vessels (USCG–1999–4620)’’ initiated with cost reporting periods begin- Exclusive Economic Zone Off Alaska; Pacific (RIN2115–ZZ08), received May 3, 1999; to the ning on or after October 1, 2000; and Cod by Catcher Vessels using Trawl Gear in Committee on Commerce, Science, and Whereas, While the 105th Congress made the Bering Sea and Aleutian Islands’’, re- Transportation. strides to rectify the interim payment sys- ceived April 16, 1999; to the Committee on EC–3246. A communication from the Chief, tem, the real effect of the Omnibus Rec- Commerce, Science, and Transportation. Regulations and Administrative Law, U.S. onciliation Act of 1998 was to raise the per-

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5831 visit reimbursement for home health be- to meet with an Illinois Home Care Council jority and Minority Chairs of the House In- tween only $0.50 and $1.00 and the per-bene- member to discuss the questions and con- surance and Banking Committees all deliv- ficiary limits by less than 5% for the major- cerns raised by this resolution; and be it fur- ered letters to the Comptroller of the Cur- ity of home health agencies; and ther rency forcefully opposing the OCC’s desire to Whereas, If the home health program, Resolved, That suitable copies of this reso- preempt Rhode Island’s banks-in-insurance which is only 9% of the overall Medicare lution be delivered to the President pro tem- statute; and budget, is slashed, other programs will bear pore of the U.S. Senate, the Speaker of the Whereas, The National Association of In- the burden, and in many cases Medicare pa- House of Representatives, and of the other surance Commissioners (NAIC); National tients will be transferred to the Medicaid members of the Illinois Congressional dele- Conference of State Legislators (NCSL); and program; and gation. the National Conference of Insurance Legis- Whereas, If these patients are not served lators (NCOIL) all submitted letters strongly by home health, they will drive up health POM–125. A concurrent resolution adopted opposing the Comptroller of the Currency’s care costs in other arenas, including nursing by the Legislature of the State of Michigan desire to preempt state insurance law; and homes, hospitals, and emergency care; and relative to the regulation of insurance mat- Whereas, In past court disputes between Whereas, One out of every 10 Medicare ters by the states; to the Committee on federal banking and state insurance regu- beneficiaries received some form of home Banking, Housing, and Urban Affairs. lators, federal courts have granted ‘‘unequal health care in 1996; and HOUSE CONCURRENT RESOLUTION NO. 26 deference’’ to federal regulators, thereby Whereas, On average, a home care visit in rendering decisions based not on the merits 1996 cost between $40 and $140, while the cost Whereas, In 1994, the Michigan Legislature of the case, but on deference to the federal of staying in a hospital per day is $2,071, and passed legislation (HB 5281) granting lending regulator; now, therefore, be it a skilled nursing facility, $443; and institutions the authority to sell all lines of Whereas, The average home health agency insurance; and Resolved by the House of Representatives (the has seen a 39% reduction in Medicare rev- Whereas, That legislation, which became Senate concurring), That we memorialize enue since the implementation of the in- 1994 PA 409, includes necessary consumer and the Congress of the United States to enact terim payment system; and fair market protections, such as requiring legislation to affirm the authority of the Whereas, Fifty-eight, or 15%, of Illinois the separation of lending and insurance states to regulate insurance matters, includ- home health agencies have closed in the past transactions; prohibitions against offering or ing preventing the Office of the Comptroller year; and discussing insurance while a loan trans- of the Currency from preempting state laws Whereas, Rural home health agencies re- action is pending; requiring separate lending regulating the sale of insurance through port revenues at least one-third lower than and insurance areas; requirements for full lending institutions and ending the practice this same period last year; and written disclosures to customers; and inclu- of federal regulators being able to be granted Whereas, Three-fourths of Illinois Home sion of strong prohibitions against sharing ‘‘unequal deference’’ in litigation between Care Council freestanding agency members confidential insurance-related information state and federal regulations on insurance (those not affiliated with a hospital or net- in bank loan files with bank-affiliated agen- matters; and be it further work) estimate that, unless something cies; and Resolved, That copies of this resolution be changes with the interim payment system, Whereas, In a joint letter published No- transmitted to the President of the United they will be closed within 6 months to a vember 7, 1994, HB 5281 was lauded and States Senate, the Speaker of the United year; and strongly supported by the Michigan Bankers States House of Representatives, and the Whereas, The interim payment system is Association, Michigan Association of Insur- members of the Michigan congressional dele- based on average costs, which creates strong ance Agents, Michigan League of Savings In- gation. incentives to avoid caring for patients with stitutions, Michigan Association of Life Un- complex or long-term medical problems, derwriters, Michigan Chamber of Commerce, POM–126. A joint resolution adopted by the forcing many Illinois home health agencies Michigan Consumer Federation, Michigan Legislature of the State of Maine relative to to choose between staying in business and Credit Union League, Small Business Asso- a World War II memorial; to the Committee serving highly complex, high visit volume ciation of Michigan, Michigan Association of on Energy and Natural Resources. patients; and Credit Unions, Michigan Retail Hardware As- Whereas, Three prominent public policy re- sociation, Greater Detroit Chamber of Com- JOINT RESOLUTION MEMORIALIZING THE PRESI- search organizations, George Washington merce, and National Electrical Contractors DENT OF THE UNITED STATES AND THE University, the Commonwealth Fund, and Association (Michigan Chapter); and UNITED STATES CONGRESS TO SUPPORT A the Lewin Group, independently concluded Whereas, In 1995, the Rhode Island Legisla- WORLD WAR II MEMORIAL that the home health provisions of the Bal- ture resoundingly passed legislation substan- We, your Memorialists, the Members of the anced Budget Act of 1997 are causing a crisis tially similar to Michigan law, granting One Hundred and Nineteenth Legislature of in the Medicare home health benefit by: (i) lending institutions the authority to sell in- the State of Maine now assembled in the eliminating access to medically necessary surance; and First Regular Session, most respectfully home health services for the sickest, most Whereas, The Comptroller of the Currency present and petition the President of the frail Medicare beneficiaries; (ii) rewarding is an appointed, federal bureaucrat who has United States and the United States Con- higher cost and penalizing lower cost home a track record of promulgating regulations gress, as follows: health agencies by establishing radically dif- that serve to expand bank insurance powers. Whereas, in 1987, United States Represent- ferent payment limits that do not reflect These new insurance activities, deemed to be ative Marcy Kaptur, at the suggestion of current patient mix or efficiency; and (iii) banking issues by the Comptroller, often World War II veteran Roger Durbin, intro- eliminating access to Medicare home health conflict with established state laws; and duced legislation to establish a memorial to in rural areas; and Whereas, On January 13, 1997, the Office of honor all who served in the Armed Forces of Whereas, The prospective payment system the Comptroller of the Currency (OCC) issued the United States during World War II and is a system by which home health agencies a request for comments on Rhode Island’s Fi- the entire nation’s contribution to the war are paid according to types and numbers of nancial Institution Insurance Sales Act to effort. The legislation failed, but the interest patients actually served which assures a pre- assist in the determination as to whether in having a memorial gained patriotic sup- dictable reimbursement rate and schedule, Section 92 of the Federal Bank Act provided port and subsequent legislation prevailed; beneficial to both the federal government the Comptroller of the Currency sufficient and authority to preempt Rhode Island’s banks- and home health agencies; therefore, be it Whereas, federal Public Law 103–32 author- in-insurance statute; and Resolved, by the Senate of the Ninety-First izing a World War II Memorial in the Dis- Whereas, The McCarran-Ferguson Act of General Assembly of the State of Illinois, that trict of Columbia or its environs was signed 1945 relegates authority to the individual we urge Congress to hold the Health Care Fi- into law on May 25, 1993; and nancing Authority accountable for the time- states for regulation of the insurance activi- Whereas, the Memorial Advisory Board ly implementation of a fair prospective pay- ties of all entities; and was created to advise the American Battle ment system; and be it further Whereas, The preemption of state insur- Monuments Commission in site selection and Resolved, That we urge the federal govern- ance laws by an unelected federal bureaucrat design and to promote donations to support ment to rectify some of the damage wrought is in direct conflict with the fifty-four-year the memorial construction; and by the interim payment system by raising tradition of state regulation of insurance the per-beneficiary and per-visit limits, so under McCarran-Ferguson and thereby raises Whereas, a memorial design by Freidrich that agencies can keep serving patients until vitally important questions of states’ rights St. Florian at the site of the historic Rain- the prospective payment system is imple- and the primacy of duly elected representa- bow Pool on the National Mall was approved; mented; and be it further tives to enact laws governing insurance ac- and Resolved, That we urge the federal govern- tivities within their state borders; and Whereas, former Senator Bob Dole and ment to eliminate the additional 15% cut in Whereas, In the Eighty-ninth Michigan Frederick W. Smith, CEO, Federal Express, reimbursements scheduled for October 2000; Legislature, Michigan’s Senate Majority and were named as National Co-chairmen of the and be it further Minority Leaders, Speaker of the House and World War II Memorial Campaign; and Resolved, That we urge Congress to require House Minority Leader, members of the Sen- Whereas, news of the World War II Memo- a representative of the federal government ate Financial Services Committee, and Ma- rial is currently be spread throughout the

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5832 CONGRESSIONAL RECORD — SENATE May 24, 1999 country, to every city, town, church, syna- United States Coast Guard, currently have Association relative to the death penalty; to gogue, mosque, business, civic group, vet- sufficient resources stationed on Guam to the Committee on Energy and Natural Re- erans’ organization and every other organi- control the influx of illegal immigrants, re- sources. zation that comprises a part of our American sulting in an alarming lack of enforcement culture; now, therefore, be it of the very laws that have created this emer- POM–129. A concurrent resolution adopted Resolved: That We, your Memorialists, re- gency situation; now therefore, be it by the Legislature of the State of Hawaii rel- quest the President of the United States and Resolved, that I Mina´ Bente Singko Na ative to the ‘‘Millennium of Peace’’; to the the United States Congress to offer support Liheslaturan Gua˚ han (Twenty-Fifth Guam Committee on Foreign Relations. in obtaining the necessary financial re- Legislature) does hereby, on behalf of the HOUSE CONCURRENT RESOLUTION NO. 208 sources to help the World War II Memorial people of Guam, respectfully request the Whereas, the goal of the coming millen- take its rightful place in history; and be it Federal Government of the United States of nium is to encourage each person on Earth further America to permanently upgrade the U.S. in dedicating the third millennium as the Resolved: That suitable copies of this reso- Coast Guard facility, vessesls and equip- ‘‘Millennium of Peace;’’ and lution, duly authenticated by the Secretary ment, and properly man these facilities and Whereas, the multi-ethnic and multi-cul- of State, be transmitted to the Honorable vessels on Guam to give the Coast Guard the tural population of Hawaii sets an encour- William J. Clinton, President of the United ability to patrol the seas surrounding Guam aging example for international under- States; the President of the United States and detect, intercept and redirect any ves- standing as all nations and peoples strive to Senate; the Speaker of the House of Rep- sels carrying illegal immigrants; and be it live together in peace and harmony; and resentatives of the United States; each Mem- further Whereas, the spirit of Aloha is the gift of ber of the Maine Congressional Delegation; Resolved, that I Mina´ Bente Singko Na the Hawaiian people to the world and the and the American Legion, Department of Liheslaturan Gua˚ han does hereby, on behalf profound meaning it has for all of the chil- Maine. of the people of Guam, respectfully request dren on Earth with its message of love; and the Federal Government of the United States Whereas, the President of the United POM–127. A resolution adopted by the Leg- of America to apply Six Dollars ($6.00) of the States has admonished the citizens and com- islature of the Commonwealth of Guam rel- U.S. Immigration departure fee currently munities of America to develop and imple- ative to Federal smuggling interdiction ca- collected from each passenger departing the ment millennium projects and celebrations; pabilities on Guam; to the Committee on En- Guam International Air Terminal, as a fund- and ergy and Natural Resources. ing source to support the intent of this reso- Whereas, the United Nations has dedicated RESOLUTION NO. 85 lution; and be it further the year 2000 as the Year of World Peace; Whereas, Guam in the last year has be- Resolved, that I Mina´ Bente Singko Na now, therefore, come a prime target for a human smuggling Liheslaturan Gua˚ han does hereby, on behalf Be It Resolved by the House of Representa- operation run by the infamous Chinese of the people of Guam, respectfully request tives of the Twentieth Legislature of the criminal organization known as the the President of the United States and his State of Hawaii, Regular Session of 1999, the ‘‘Snakeheads’’; and Administration to identify and set a perma- Senate concurring, that the Legislature Whereas, as a result of concerted efforts by nent location for the diversion of vessels joins in and encourages all citizens and gov- organized criminal operations, Guam has interdicted in the open sea in a location out- ernments of the Earth to join with the peo- been flooded with illegal aliens of this smug- side of Guam so that persons shall be repa- ple of Hawaii in the spirit of Aloha to dedi- gling activity; and triated from this alternate location; and be cate the celebrations of the third millen- Whereas, six hundred (600) illegal immi- it further nium to peace and understanding as ‘‘The grants have been apprehended and detained Resolved, that I Mina´ Bente Singko Na Millennium of Peace’’ for all of Earth’s chil- at the Guam Department of Corrections cor- Liheslaturan Gua˚ han does hereby, on behalf dren; and rectional facility, including four hundred of the people of Guam, respectfully request Be It Further Resolved that certified copies forty-five (445) illegal immigrants currently the Federal Government of the United States of this Concurrent Resolution be transmitted in detention, to the expense of Guam tax- of America to reimburse the government of to the President of the United States, the payers and to the danger of other inmates in Guam for all expenses associated with this President of the United States Senate, the an already overpopulated facility; and illegal immigrant operation; and be it fur- Speaker of the United States House of Rep- Whereas, Guam law enforcement officials ther resentatives, the members of Hawaii’s Con- estimate that more than two hundred (200) Resolved, that I Mina´ Bente Singko Na gressional Delegation, the Governor of the other illegal immigrants have gotten Liheslaturan Gua˚ han does hereby, on behalf State of Hawaii, and the United States Am- through Guam’s borders without detection, of the people of Guam, respectfully request bassador to the United Nations. and are already in the community at-large; the Congress of the United States of America and to pass legislation as soon as possible that POM–130. A concurrent resolution adopted Whereas, Guam law enforcement officials would cause Guam to cease to be an area by the Legislature of the State of Hawaii rel- estimate that another several thousands ille- where asylum can be granted under U.S. law; ative to the restoration of redress funds to gal immigrants will arrive on Guam in the and be it further compensate individuals of Japanese ances- next few months; and Resolved, that I Mina´ Bente Singko Na try; to the Committee on Appropriations. Whereas, the humans being smuggled often Liheslaturan Gua˚ han does hereby, on behalf SENATE CONCURRENT RESOLUTION NO. 45 cannot pay the full price of transportation, of the people of Guam, respectfully request Whereas, during World War II, the United estimated at Twenty Thousand Dollars to the United States Congress to pass legisla- States forcibly removed and interned over Thirty Thousand Dollars ($20,000.00– tion, if simply removing Guam as an area 120,000 United States citizens and legal per- $30,000.00), and the immigrants therefore be- where asylum can be granted would bring manent residents of Japanese ancestry from come basically indentured servants; and the potential for any litigation, to remove their homes and relocated them to govern- Whereas, because of Guam’s status under Guam from the Immigration and Nationality ment internment camps; and United States immigration laws, the efforts Act, from U.S. Immigration and Naturaliza- Whereas, in addition, the United States ar- of these criminal organizations are rewarded tion Service jurisdiction and from the immi- ranged the deportation of over 2,264 men, because the illegal immigrants they trans- gration laws of the United States of Amer- women, and children of Japanese ancestry port immediately claim asylum under U.S. ica; and be it further from thirteen Latin American countries to law, and are often paroled and allowed to Resolved, that I Mina´ Bente Singko Na the United States to be interned and used in walk free; and Liheslaturan Gua˚ han does hereby, on behalf prisoner of war exchanges with Japan; and Whereas, the impact of this human smug- of the people of Guam, respectfully request Whereas, in 1988, the United States Con- gling operation on the government of Guam the Guam Delegate to the United States gress passed, and President Reagan signed, and the local community has been great and House of Representatives to fully support the Civil Liberties Act of 1988 (the Act), is potentially devastating, with costs esti- this Resolution in Congress; and be it further which acknowledged the fundamental injus- mated in the millions, with the mass of ille- Resolved, That the Speaker certify, and the tice of that evacuation, relocation, and in- gal immigrants using law enforcement, cor- Legislative Secretary attests to, the adop- ternment, and to apologize on behalf of the rections, hospital, public health and many tion hereof and that copies of the same be people of the United States for the wrongs other local resources, which are already thereafter transmitted to the President of done to United States citizens and legal per- strained by the recent economic slump; and the United States; to the President of the manent residents of Japanese ancestry; and Whereas, the illegal immigrants who have United States Senate; to the Speaker of the Whereas, that Act further sought to make likely come into Guam’s borders unnoticed, United States House of Representatives; to restitution to those individuals of Japanese and the illegal immigrants who have been the Secretary of the United States Depart- ancestry who were interned by authorizing a apprehended and then paroled and let free in ment of Justice; to the Guam Congressional $20,000 redress payment to each citizen and the community are a serious public health Delegate; and to the Honorable Carl T. C. legal permanent resident of Japanese ances- hazard, as more than a few have been diag- Gutierrez, I Mina´ Bente Gua˚ han (Governor of try who was deprived of liberty or property nosed with tuberculosis and other diseases; Guam). as a result of government action; and and Whereas, the Act directed the United Whereas, neither the United States Immi- POM–128. A resolution adopted by the States Treasury to distribute these pay- gration and Naturalization Service, nor the Board of Directors of the Puerto Rico Bar ments, to which Congress appropriated

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5833 $1,650,000,000 between October 1990 and Octo- tural export markets are essential to the making better use of existing resources, en- ber 1993; and economic future of the Upper Midwest in- couraging private and public participation in Whereas, in a subsequent settlement of a cluding Iowa; and reclamation activities and reducing the cost class action suit, the United States agreed to Whereas, international markets are very of abandoned mine reclamation projects; and send a letter of apology and to pay a $5,000 competitive and opportunities can be gained Whereas, The Department of Environ- redress payment from the same fund to each or lost based on very small differences in mental Protection and 39 county conserva- formerly interned Japanese Latin American; price; and tion districts through the Western and East- and Whereas, the United States Army Corps of ern Pennsylvania Coalitions for Abandoned Whereas, to fulfill its educational purpose Engineers projects Upper Mississippi River Mine Reclamation have worked as partners of informing the public about the internment barge traffic to increase dramatically; and to improve the effectiveness of mine rec- so as to prevent the recurrence of similar Whereas, increased barge traffic will con- lamation programs; and events, the Act also created the Civil Lib- tinue to place a burden on the river trans- Whereas, Pennsylvania has been working erties Public Education Fund to make dis- portation system which is more than 50 with the Interstate Mining Compact Com- bursements for research and educational ac- years old; and mission, the National Association of Aban- tivities up to a total of $50,000,000; and Whereas, the original design specifications doned Mine Land Programs and other states Whereas, Congress specified in the Act that for the locks and dams have been surpassed to free more of these funds to clean up aban- the principal of $1,650,000,000 was to be in- by modern barge technology resulting in doned mine lands; and vested in government obligations and earn delays because tows must be broken down to Whereas, Making more funds available to interest at an annual rate of at least five per move through the locks; and states for abandoned mine reclamation cent; and Whereas, delays are projected to rise as should preserve the interest revenues now Whereas, in 1998, a Japanese Peruvian high as several million dollars per year; and being made available for the United Mine former internee and the National Coalition Be It Further Resolved, That the Congress is Workers Combined Benefit Fund; and for Redress/Reparations filed a class action urged to provide adequate funding for major Whereas, The Federal Office of Surface suit alleging that the Treasury Department rehabilitation efforts on the Upper Mis- Mining, the United States Environmental breached its fiduciary duty by failing to in- sissippi River; and Protection Agency and Congress have not vest the funds mandated by Congress, and Be It Further Resolved, That copies of this agreed to make more funds available to seeking to recover the lost interest which is Resolution be sent by the Chief Clerk of the states for abandoned mine reclamation; estimated to be between $50,000,000 and House of Representatives to the President of therefore be it $200,000,000; and the United States; the Chief of Engineers, Resolved, That the Senate of Pennsylvania Whereas, while the reparations fund has United States Army Corps of Engineers, urge the President of the United States, and made payments to approximately eighty-two North Central Division; the United States Congress make the $1 billion of Federal mon- thousand claimants, there will not be suffi- Secretary of Transportation; the President eys already earmarked for abandoned mine cient money in the trust fund established by of the United States Senate; the Speaker of land reclamation available to states to clean Congress to pay all of the remaining claims the United States House of Representatives; up and make safe our abandoned mine lands; by Japanese Americans and Japanese Latin and the members of Iowa’s congressional del- and be it further Americans or to meet the goal of $50,000,000 egation. Resolved, That copies of this resolution be in educational grants; and We, Brent Siegrist, Speaker of the House transmitted to the President of the United Whereas, a United States Justice Depart- and Mary Kramer, President of the Senate; States, to the presiding officers of each ment official has apparently acknowledged Elizabeth A. Isaacson, Chief Clerk of the house of Congress and to each member of that the funds were not invested as origi- House, and Michael E. Marshall, Secretary of Congress. nally mandated by Congress, and that the the Senate, hereby certify that the above POM–133. A concurrent resolution adopted $1,650,000,000 has all been spent, although and foregoing Resolution was adopted by the by the Legislature of the Commonwealth of claims are still pending; and House of Representatives and the Senate of Puerto Rico relative to military activities in Whereas, the Legislature finds that while the Seventy-eighth General Assembly. the municipality of Vieques and surrounding nothing can replace the loss of civil liberties POM–132. A resolution adopted by the Sen- waters; to the Committee on Armed Serv- suffered by those who were forced to evac- ate of the General Assembly of Common- ices. uate their homes and relocate to internment wealth of Pennsylvania relative to moneys CONCURRENT RESOLUTION NO. 45 camps on the basis of their ancestry, a for- earmarked for abandoned mine land rec- STATEMENT OF PURPOSE mal apology and token redress payment to lamation; to the Committee on Appropria- In the course of the last one hundred years, these individuals of Japanese ancestry is the tions. the People of Puerto Rico have shown their least that can be done to compensate them SENATE RESOLUTION NO. 33 loyalty to the democratic values of liberty, for the loss of their rights; now, therefore, Whereas, The biggest water pollution prob- equality and respect for human rights con- Be It Resolved by the Senate of the Twen- lem facing this Commonwealth today is pol- secrated by and set forth in the Constitution tieth Legislature of the State of Hawaii, luted water draining from abandoned coal of the United States of America. The People Regular Session of 1999, the House of Rep- mines; and of Puerto Rico have responded affirmatively resentatives concurring, that the United Whereas, Over half the streams that do not and participated in all of the armed conflicts States government is urged to restore re- meet water quality standards in this Com- in which our Nation has been forced to take dress funds to pay all outstanding Japanese monwealth are affected by mine drainage; part, from World War I to the Persian Gulf American and Japanese Latin American re- and War. In these conflicts, over two thousand dress claims and to fulfill the educational Whereas, This Commonwealth has over (2,000) Puerto Rican fellowmen and women mandate of the Act; and 250,000 acres of abandoned mine lands, refuse have made the ultimate sacrifice, giving Be It Further Resolved that certified copies banks and old mine shafts in 45 of Penn- their lives in defense of the ideals of justice, of this Concurrent Resolution be transmitted sylvania’s 67 counties, more than any other liberty and the principles of democracy. Fur- to the President of the United States, the state in the nation; and thermore, other thousands of other Puerto President of the United States Senate, the Whereas, The Department of Environ- Ricans have been wounded while partici- Speaker of the United States House of Rep- mental Protection estimates it will cost pating in these conflicts. resentatives, Hawaii’s congressional delega- more than $15 billion to reclaim and restore The Preamble of the Constitution of the tion, and the Governor of Hawaii. abandoned mine lands; and United States of America provides that it POM–131. A concurrent resolution adopted Whereas, The Commonwealth now receives was ordained to ‘‘[...] establish justice, in- by Legislature of the State of Iowa relative about $20 million a year from the Federal sure domestic tranquility, provide for the to the Mississippi River; to the Committee Government to do reclamation projects; and common defense, promote the general wel- on Appropriations. Whereas, There is now a $1 billion balance fare and secure the blessings of liberty to HOUSE CONCURRENT RESOLUTION 23 in the Federal Abandoned Mine Reclamation ourselves and our posterity.’’ However, de- Whereas, barges operating on United Trust Fund that is set aside by law to take spite the fact that the United States Con- States inland waterways are the dominant care of pollution and safety problems caused stitution was established to promote for the carriers of United States grains to export by old coal mines; and general welfare and insure domestic tran- port facilities; and Whereas, Pennsylvania is the fourth larg- quility, the people of the island municipality Whereas, the majority of this barge grain est coal producing state in the nation, and of Vieques have suffered the direct con- traffic traverses the Mississippi River sys- coal operators contribute significantly to sequences of military practices, including tem; and the fund by paying a special fee for each ton air, land and naval activities for the last Whereas, the Upper Mississippi River is the of coal they mine; and thirty (30) years. Ever since the administra- dominate originator of grain barge traffic for Whereas, Pennsylvania is not seeking to tion of Governor Roberto Sanchez-Vilella export; and rely solely on Federal moneys to address its from 1965 to 1969, the Department of Defense Whereas, 95 percent of the world’s popu- abandoned mine reclamation needs and has has been made aware of the grave problems lation live outside the United States; and undertaken a comprehensive program de- and ominous consequences to the quality of Whereas, economies and populations con- signed to maximize reclamation opportuni- life, tranquility and the pursuit of happiness tinue to grow worldwide and these agricul- ties by increasing community involvement, of the United States citizens who reside in

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5834 CONGRESSIONAL RECORD — SENATE May 24, 1999 the island municipality of Vieques. The Leg- man of the Joint Chiefs of Staff, the Sec- and items, products, or substances con- islature of Puerto Rico believes that the retary of the Department of Defense, and the taining, or labeled or advertised as con- time has come to ensure the people of Secretary of the Navy of the United States taining, bear viscera, and for other purposes; Vieques the full enjoyment of their of America. to the Committee on Environment and Pub- unalienable rights to life, liberty and the Section 4.—This Concurrent Resolution lic Works. pursuit of happiness while ensuring common shall take effect immediately after its ap- By Mr. LOTT: defense of all United States citizens. The proval. S. 1110. A bill to amend the Public Health People of Puerto Rico are grateful for, appre- f Service Act to establish the National Insti- ciate and value the contribution of the tute of Biomedical Imaging and Engineering; armed forces of the United States of America INTRODUCTION OF BILLS AND to the Committee on Health, Education, to our collective security, and recognize the JOINT RESOLUTIONS Labor, and Pensions. vital strategic importance, for our collective By Mr. BOND: defense, of the Navy bases located in Ceiba The following bills and joint resolu- S. 1111. A bill to provide continuing au- and Vieques. Nevertheless, and in light of tions were introduced, read the first thorization for a National Conference on our modern world realities, we request that and second time by unanimous con- Small Business, and for other purposes; to the courageous men and women of the Navy sent, and referred as indicated: the Committee on Small Business. ensure that the people of Vieques, who have By Mr. GRAMS: By Mrs. BOXER (for herself and Mr. sacrificed so much throughout the years for S. 1102. A bill to guarantee the right of in- LAUTENBERG): our national security, achieve full enjoy- dividuals to receive full social security bene- S. 1112. A bill to protect children and other ment of their fundamental rights by ceasing fits under title II of the Social Security Act vulnerable subpopulations from exposure to their military exercises and bombing with in full with an accurate annual cost-of-living environmental pollutants, to protect chil- live ammunition in the territory and sur- adjustment; to the Committee on Finance. dren from exposure to pesticides in schools, rounding waters of the island municipality S. 1103. A bill to reform Social Security by and to provide parents with information con- of Vieques. creating personalized retirement accounts, cerning toxic chemicals that pose risks to In the case of Alberto Lozada-Colon vs. U.S. and for other purposes; to the Committee on children, and for other purposes; to the Com- Department of State, docket number 98–5179, Finance. mittee on Environment and Public Works. filed in the U.S. Court of Appeals for the Dis- S. 1104. A bill to amend the Social Security trict of Columbia, the counsels for the U.S. f Act to provide simplified and accurate infor- Department of State and the U.S. Depart- mation on the social security trust funds, SUBMISSION OF CONCURRENT AND ment of Justice have argued before the court and personal earnings and benefit estimates SENATE RESOLUTIONS that the provisions for the organization of a to eligible individuals; to the Committee on constitutional government in Puerto Rico The following concurrent resolutions Finance. and the political status adopted as of 1952, in and Senate resolutions were read, and By Mr. BAUCUS (for himself, Mr. LAU- now way altered the political relationship TENBERG, Mrs. LINCOLN, and Mr. referred (or acted upon), as indicated: with the United States of America, and that DASCHLE): By Mr. DORGAN (for himself, Mrs. the Island of Puerto Rico continues to be a S. 1105. A bill to assist local governments FEINSTEIN, and Mr. SPECTER): territory, subject to the plenary powers of and States in assessing and remediating S. Res. 105. A resolution expressing the the U.S. Congress. Despite this evident colo- brownfield sites, increase fairness and reduce sense of the Senate relating to consideration nial status, we are United States citizens litigation, and for other purposes; to the of Slobodan Milosevic as a war criminal; to and we have the right to enjoy the protec- Committee on Environment and Public the Committee on Foreign Relations. tion and guarantees that are provided by our Works. By Mr. DOMENICI (for himself, Mr. U.S. Constitution. Because of this, the U.S. By Mr. TORRICELLI (for himself and KENNEDY, Mr. MCCAIN, Mr. HATCH, citizens residing in the island of Vieques are Ms. SNOWE): Mrs. HUTCHISON, Mr. DEWINE, Mr. covered and protected by the same basic S. 1106. A bill to amend the Public Health CHAFEE, Mr. LUGAR, Mr. ABRAHAM, rights as the citizens of any of the fifty (50) Service Act and Employee Retirement In- Mr. SANTORUM, and Mr. WARNER): states of the American Nation. Upon exam- come Security Act of 1974 to require that S. Res. 106. A resolution to express the ining the history of military activity in group and individual health insurance cov- sense of the Senate regarding English plus Vieques, we have to conclude that these have erage and group health plans provide cov- other languages; to the Committee on dramatically affected the lives of its people. erage for qualified individuals for bone mass Health, Education, Labor, and Pensions. The constant bombing and other military measurement (bone density testing) to pre- By Mr. SMITH of New Hampshire: practices using live ammunition have af- vent fractures associated with osteoporosis; S. Res. 107. A resolution to establish a Se- fected the physical and emotional health of to the Committee on Health, Education, lect Committee on Chinese Espionage; to the the residents of Vieques. Committee on Rules and Administration. In the light of these considerations, the Labor, and Pensions. By Ms. LANDRIEU (for herself and Mr. Legislature of Puerto Rico believes that it is By Mr. WARNER: SPECTER): imperative that the United States Navy S. 1107. A bill to reform the conduct of Fed- S. Con. Res. 33. A concurrent resolution ex- cease using live ammunition in its firing and eral elections; to the Committee on Rules pressing the sense of Congress regarding the bombing military practices in Vieques. Once and Administration. need for vigorous prosecution of war crimes, again, we reaffirm the need for the residents By Mr. COCHRAN (for himself, Mrs. genocide, and crimes against humanity in of Vieques to live in an environment of tran- LINCOLN, Mr. COVERDELL, Mr. SES- the former Republic of Yugoslavia; to the quility and to enjoy the happiness that all SIONS, Mr. CLELAND, Mr. HOLLINGS, Committee on Foreign Relations. Americans aspire; be it Mr. SHELBY, Mr. ROBB, and Mr. Resolved by the Legislative Assembly of Puer- HUTCHINSON): f to Rico: S. 1108. A bill to amend the Federal Crop Section 1.—To request that the President, Insurance Act to improve crop insurance STATEMENTS ON INTRODUCED the Congress and the Navy of the United coverage and administration, and for other BILLS AND JOINT RESOLUTIONS States of America, on behalf and in represen- purposes; to the Committee on Agriculture, By Mr. GRAMS: Nutrition, and Forestry. tation of the People of Puerto Rico, imme- S. 1102. A bill to guarantee the right diately respond to the plea of our people to By Mr. MCCONNELL (for himself, Mr. cease using live ammunition in firing and SMITH of New Hampshire, Mr. KOHL, of individuals to receive full social se- bombing military practices in the island mu- Mr. FRIST, Mr. GREGG, Mr. JOHNSON, curity benefits under title II of the So- nicipality of Vieques and its surrounding Mr. WARNER, Mr. CLELAND, Mr. SCHU- cial Security Act in full with an accu- waters. MER, Mr. ALLARD, Mr. JEFFORDS, Mr. rate annual cost-of-living adjustment; Section 2.—To request that the President, AKAKA, Mrs. FEINSTEIN, Mr. ENZI, Mr. to the Committee on Finance. the Congress, and the Navy of the United ROBB, Mr. GRAMS, Mrs. BOXER, Mr. SOCIAL SECURITY BENEFITS GUARANTEE ACT OF States of America, once the firing and bomb- LUGAR, Ms. LANDRIEU, Mr. COCHRAN, 1999 ing military practices mentioned in Section Mrs. MURRAY, Mr. INHOFE, Mr. MACK, 1 have ceased, deactivate and remove all Mr. TORRICELLI, Mr. BINGAMAN, Mr. S. 1103. A bill to reform Social Secu- undetonated explosive artifacts used during THOMAS, Mr. LEAHY, Mr. CAMPBELL, rity by creating personalized retire- its firing and bombing military practices Mr. KENNEDY, Mr. HELMS, Mr. DUR- ment accounts, and for other purposes; which might reasonably constitute a risk to BIN, Mr. SANTORUM, Mr. LAUTENBERG, to the Committee on Finance. Mr. BUNNING, Mr. MOYNIHAN, Mr. the inhabitants of Vieques. PERSONAL SECURITY AND WEALTH IN Section 3.—This Concurrent Resolution KERRY, Mr. WYDEN, Mr. GRAHAM, Mr. RETIREMENT ACT OF 1999 shall be remitted to the Honorable William REID, Mr. LEVIN, and Mr. LIEBER- Jefferson Clinton. President of the United MAN): S. 1104. A bill to amend the Social Se- States of America; the Congress of the S. 1109. A bill to conserve global bear popu- curity Act to provide simplified and ac- United States of America, the Vice President lations by prohibiting the importance, expor- curate information on the social secu- of the United States of America, the Chair- tation, and interstate trade of bear viscera rity trust funds, and personal earnings

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5835 and benefit estimates to eligible indi- rity taxes into the retirement system. tor was deported for having been a viduals; to the Committee on Finance. In fact, Social Security taxes are the member of the Communist Party in the SOCIAL SECURITY INFORMATION ACT OF 1999 largest tax that many families will 1930s. His Social Security checks were Mr. GRAMS. Mr. President, I want to ever pay, accounting for up to one- stopped in accordance with the law. take a little time this morning to talk eighth of the total lifetime income Nestor sued the Secretary of Health, about Social Security. I know our Na- that will go into Social Security. Education, and Welfare, claiming that tion has been engaged in Social Secu- Many people, including myself, be- because he had paid Social Security rity reform discussions for about 2 lieve that Social Security benefits are taxes, he had a right to Social Security years now kind of formally. But, infor- our ‘‘earned right.’’ We think that be- benefits. mally, many have been talking about cause we have paid Social Security The Supreme Court rejected his what we are going to do to ensure a taxes, we are legally entitled to receive claim, clearly stating: safe, sound Social Security system in Social Security benefits. But this To engraft upon the Social Security sys- the future. ‘‘earned right’’ is nothing but an illu- tem a concept of ‘‘accrued property rights’’ We all expected that we could work sion—an illusion created by politicians would deprive it of the flexibility and bold- in a bipartisan manner during this who call Social Security taxes ‘‘con- ness in adjustment to ever changing condi- Congress to be able to complete the im- tributions’’ and make Social Security tions which it demands. mense task of saving and strength- sound like it is a regular insurance pro- The Court also held: ening Social Security for the American gram. It is apparent that the non-contractual in- people. The truth is that the American peo- terest of an employee covered by the [Social Unfortunately, President Clinton has ple do not have any legal right to their Security] Act cannot be soundly analogized failed to take leadership on this issue Social Security benefits, though they to that of the holder of an annuity, whose pay Social Security taxes all of their right to benefits is bottomed on his contrac- and has failed to present an honest tual premium payments. plan to this Congress to address Social lives. Their benefits are always at the Security’s rapid approaching crisis. mercy of the Government and politi- It strikes me that these Supreme There is widespread reluctance to cians who can adjust them and can Court decisions prove that if Social Se- move forward on reform due to polit- even spend them on unrelated Govern- curity is considered more of a welfare ical considerations. Yet, if we keep de- ment programs. This fact—that Ameri- program, there is no assurance that re- laying essential reform until after the cans currently have no legal right to tirees will receive benefits now or in ‘‘next election’’—it is always after the Social Security—was decided by the the future if they are judged unworthy, next election—we will never be able to courts when the Social Security was or if the IOUs owed to the Social Secu- complete our goal of ensuring retire- just getting started. rity Trust Funds are deemed unneces- ment security for future generations of Mr. President, it was back in 1937, sary to repay. It also shows, contrary Americans. less than 2 years after the creation of to common belief, that Social Security Now, on the positive side, the debate Social Security, that the Supreme is not backed by the full faith and cred- has surely raised the public’s aware- Court decided in the case of Helvering it of the government and is not a gov- ness of their own retirement security v. Davis that Social Security was not ernment-guaranteed investment. I be- shortcomings. It has brought attention an insurance program. lieve these decisions—which we rarely to the Social Security crisis and has The court held: see referenced, for obvious reasons—are led to a variety of solutions to fix the The proceeds of both the employee and em- unfair and wrong, and must be cor- system. ployer taxes are to be paid into the Treasury rected. I believe this is a healthy debate, one like any other internal revenue generally, In my view, workers must have a full that we must continue to encourage. I and are not earmarked in any way. legal right to receive government-guar- am sure that when our elected officials So, basically, Social Security is just anteed Social Security benefits. The muster the political will to make some a tax, not a retirement system. reason is simple: despite these court of those hard choices we face, the Na- The Court also pointed out: cases, I believe most people think that tion will be ready to support those Congress did not improvise a judgment the federal government should provide choices. when it found that the award of old-age ben- benefits to the American people for Regardless of when we actually con- efits would be conducive to the general wel- their retirement, if those people have sider Social Security reform, we must fare. The President’s committee on economic paid into the system. It’s our moral security made an investigation and report continue the job of educating Ameri- and contractual duty to honor that . . . with the loss of savings inevitable in pe- commitment, and ensure the program cans about the importance of savings riods of idleness, the fate of workers over 65, and retirement planning. We must con- when thrown out of work, is little less than is more of an insurance policy than a tinue to debate the role of future So- desperate.... Moreover, laws of the sepa- welfare program. Coming demographic cial Security benefits in our retire- rate States cannot deal with this effec- changes will soon create huge cracks in ment security decisions. tively. . . .Only a power that is national can the Social Security program—if the That is why I am here. I rise today to serve the interests of all. government fails to make the changes introduce three pieces of legislation as What it meant was that Social Secu- necessary to address the crisis ahead, first steps to save Social Security. To rity was not and is not an insurance it would be wrong to let current or fu- outline the bills, my first bill, very program at all, but a tax—a tax, pure ture beneficiaries bear that burden. simply, would grant every current and and simple—that leaves retirement As a first step to saving Social Secu- future Social Security beneficiary a benefits to be actually determined by rity, legislation I am introducing today legal right to those Social Security the political process—not the benefits would grant every current and future benefits. of the plan, but the political process. Social Security beneficiary an ‘‘earned The second is a comprehensive plan This decision was later confirmed in right,’’ or legal right, to their Social to move Social Security from the cur- another important case, Fleming v. Security benefits plus an accurate in- rent pay-as-you-go system to one that Nestor. In this case, the Supreme Court flation adjustment. This could be is a fully funded, personalized retire- more expressly ruled that workers have achieved by requiring the government ment system, to ensure a safe, sound, no legally binding contractual rights to issue U.S. Treasury-backed certifi- secure retirement program that maxi- to their Social Security benefits, and cates specifying the level of guaranteed mizes benefits for the retiree. that those benefits can be cut or even benefits. The third bill would provide real in- eliminated at any time. Mr. President, this legislation, the formation about the costs and the ben- Mr. President, this is a very inter- Social Security Benefits Guarantee efits under the current Social Security esting and important case. Ephram Act, is not at all complicated. All it system. Nestor was a Bulgarian immigrant who does is to create an ‘‘earned right’’ to Mr. President, each working Amer- paid Social Security taxes from 1936 Social Security, which every American ican devotes his or her entire life to a until he retired in 1955. He received a deserves and should be given in the job, or series of jobs, and pays hundreds $55.60-per-month Social Security check first place. It shows that regardless of of thousands of dollars in Social Secu- during his retirement. But in 1956, Nes- how we may reform the system in the

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5836 CONGRESSIONAL RECORD — SENATE May 24, 1999 future, retirees will earn a return on is too risky. However, my plan would into the black hole of the Social Secu- the investment they make in the form guarantee benefits for current and fu- rity trust funds, or become tangled in a of payroll taxes. ture beneficiaries, while retaining and survivors’ benefit bureaucratic debate. By granting Americans this legal expanding the current safety net under The system would also provide, be- right, we are taking away uncertain- Social Security. sides the retirement savings, a sur- ties resulting from the growing polit- At the same time, workers would vivors benefit package. ical debate. Social Security will no have the freedom to control their funds My plan requires the funds that man- longer be subject to Washington’s ma- and resources for their own retirement age PRAs to use part of their annual nipulation, and the IOUs will be repaid. security within certain safety and contribution or yield to buy life and Implementing my legislation would soundness parameters. Workers and disability insurance, supplementing force Congress and the Administration their employers could divert 10 percent their accumulated funds to at least to come up with an honest plan to save of a worker’s income into personal re- match the promised Social Security and strengthen the Social Security sys- tirement accounts. survivors and disability benefits. tem. In addition, workers could also con- By requiring retirement funds to pur- But more importantly, it would put tribute to personal retirement ac- chase life and disability insurance for millions of current and future Social counts they’ve established for their everyone, all workers in each indi- Security beneficiaries at ease, allowing non-working children. vidual fund would be treated as a com- them to sleep at night without fearing Let me focus on the proposed safety mon pool for underwriting purposes. the loss or reduction of their retire- net provisions under my plan: One key The insurance would be purchased as a ment benefits. component of my proposal is to ensure group policy not by individual workers Mr. President, once we have secured that a safety net will be there at all by investment firms or financial insti- Social Security benefits, taking the times for disadvantaged individuals. tutions, thus avoiding insurance policy difficult steps to reform the Social Se- This can be done without government underwriting discrimination while pro- curity system will be easier. The cur- guarantees of investments or overly viding the largest amount of benefits rent system has served us well until strict regulation of investment op- at the lowest possible cost. now. The changing demographics of our tions. Mr. President, again, a major criti- society makes it impossible for the sys- Under this legislation, a safety net cism of a market-based personal retire- tem to survive without reform. I be- would be set up and would involve a ment account system is that it’s inher- lieve a fully-funded, market-based, per- guaranteed minimum benefit level: 150 ently volatile, subject to the whims of sonalized retirement system would give percent of the poverty level. When a investors and the market, exposing a all workers full property rights to their worker retires, if his or her PRA fails worker’s retirement income to unnec- retirement investment. to provide the minimum retirement essary risks. Not only could personal retirement benefits for whatever reason the gov- My plan specifically addresses this account, or PRA, benefits be three to ernment would make up the difference. concern by requiring the approved in- five times higher than current Social So nobody would retire into poverty. vestment firms and financial institu- Security benefits, workers would actu- They would retire at least with a min- tions that manage PRAs to have insur- ally own the money in their account imum of 150 percent of the poverty ance against investment loss. and could pass the assets on to their By approximating the role of the children. It would be part of your es- level. The same applies to survivor and dis- FDIC, we ensure that every PRA would tate, which today, as you know, Social ability benefits. If a worker dies or be- generate a minimum rate of return of Security does not transfer. Congress comes disabled, and his or her PRA at least 2.5 percent, which is more than would no longer spend the surplus current Social Security benefits. In money. doesn’t accumulate sufficient funds to That’s the reason I am today re-in- provide minimum survivor and dis- fact, Social Security is paying less troducing my legislation, the ‘‘Per- ability benefits, the government would than 1 percent today, and for future sonal Security and Wealth in Retire- match the shortfalls. generations it would actually be a neg- ment Act.’’ This simple safety net is necessary, ative rate of return. Mr. President, Americans today are and the minimum benefit would guar- Regardless of the ups and downs of living longer and retiring earlier than antee that no one in our society would the markets, workers would still do ever before. American retirement secu- be left impoverished in retirement, better under this system than under rity is supposedly built on a three- while still allowing workers to enjoy the current Social Security program. legged stool: Social Security, private the freedom and prosperity achievable This is another safety net built into pensions, and personal savings. These under a market-based retirement sys- my plan to give the American people are the three cornerstones of a secure tem. peace of mind when it comes to their retirement. This would operate in a manner simi- retirement investment. Unfortunately, today these corner- lar to the federal government’s Thrift To further reduce risks to a worker’s stones have eroded. Without major re- Savings program, which includes safe PRA, my legislation also requires that pair, the stool will collapse, causing se- investments and a far higher return rules, regulations, and restrictions rious financial hardship for millions of than Social Security. If the system similar to those governing IRAs would Americans. works for us, others should also be able apply to personal retirement accounts. Most Americans rely increasingly on to benefit from it. PRAs must be properly structured Social Security for their retirement in- Another feature of the fully funded and follow strict, sensible guidelines come. Not everyone has a private pen- retirement system I’m outlining could set forth by the independent federal sion and some are unable to save. Yet provide better survivor and disability board that will oversee the system. Social Security, upon which rests their benefits than the current Social Secu- In choosing qualified investment hopes for a secure retirement, is head- rity system offers. firms and financial institutions to ed for bankruptcy. Under my plan, for instance, when a manage the PRAs, the oversight board Benefits for 76 million baby boomers worker dies, his family would inherit is responsible for examining the credi- and future generations of retirees will all the funds accumulated in his PRA. bility and ability of these companies, not be there unless something is done I use my father as an example. He and then approving them as PRA man- soon. died at the age of 61, and from Social agers accordingly. In other words, to I believe the best solution to our re- Security received a check for $253 as a put in place a very safe and sound re- tirement crisis is to reform Social Se- death benefit. But that was all. Under tirement system, much like the FDIC curity by moving it from a pay-as-you- our system, all the money that you is in banks. People are confident their go retirement system to a fully-funded, have paid in during a lifetime of work- savings is protected. This would be the market based system. The legislation I ing would be yours. And, if you happen same with their retirement accounts. am introducing today will do just that. to die early, it would then be a part of They would be protected. This will gen- The first criticism you will hear is your estate and transferred to your erate much better returns, as much as that a market-based retirement system heirs. The savings wouldn’t disappear three to five times more at retirement

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5837 than today’s Social Security—three to My bill would improve the reports by SUPERFUND LITIGATION REDUCTION AND fives times more benefits when you re- requiring the Social Security Adminis- BROWNFIELD CLEANUP ACT OF 1999 tire than under the current Social Se- tration to provide an estimate of the Mr. BAUCUS. Mr. President, today, curity plan because personal retire- Social Security benefits a worker is along with Senators LAUTENBERG, LIN- ment accounts, unlike Social Security, going to receive in terms of inflation- COLN, and DASCHLE, I am introducing make real investments which produce adjusted dollars, as well as an esti- legislation to reauthorize and reform new income and produce wealth. mated rate of return the worker is pro- the Superfund program, the Superfund That means improved benefits for ev- jected to receive from Social Security. Litigation Reduction and Brownfields erybody, including low-wage earners, In real dollars, it means today if you Cleanup Act. without the redistribution of private are 20 years old, the report says when The Environment and Public Works income. you retire you could expect to receive Committee has been working on Super- Mr. GRAMS. The third bill I am in- about $98,000 a year in retirement bene- fund reauthorization legislation for troducing today deals with the flow of fits. You say, that is great, 98,000 a more than six years. It’s time to finish information related to an individual’s year; but if you take in the inflation- the job. To my mind, the best way to Social Security contribution. adjusted amount throughout those 40 accomplish this is to focus on a set of Most working Americans are poorly years in buying power, it would be less modest but important reforms about prepared for their retirement. That is than $14,000 in today’s money. which we are likely to be able to because of a disturbing lack of infor- So you need to know exactly what achieve a broad bipartisan consensus. mation. Congress needs to help them you are going to get at retirement and That is what our bill aims to do. better plan for retirement by providing what the buying power of those dollars Superfund has been criticized as cre- useful and accurate information about is going to be 40 years from now so that ating disincentives for cleaning up the Social Security benefits they are you can make better plans on how you ‘‘brownfields’’—generally, sites in older going to receive. are going to plan for your retirement. neighborhoods or industrial areas that In other words, let people know ex- Given the crucial role of information are contaminated, but not to the ex- actly what the system is, how much is about Social Security in retirement tent that they are likely to be put on in the trust fund, how much money planning and the fact that, beginning the National Priorities List. The main they can expect to receive at retire- this year, the statements from Social charge is that fear of Superfund liabil- ment, and what will be the rate of re- Security will be mailed annually to ity makes some developers reluctant to turn of their investment. every eligible individual over 25, imme- invest. Americans currently receive Social Title I of the bill addresses this con- Security information through the per- diate improvement of these standards is imperative. These numbers are al- cern. It eliminates Superfund liability sonal earnings and benefits estimate for prospective purchasers of contami- statements or the PEBES, provided by ready going to be sent out, so this isn’t an added cost, this isn’t asking for a nated property who are not responsible the Social Security Administration. for the contamination, and thereby re- However, a recent GAO report shows new program from the Government; moves a potential disincentive for that the report, although useful, is ac- this is saying that the report the So- brownfields cleanup. The bill also pro- tually incomplete and it is difficult for cial Security Administration is going vides liability relief for current owners many Americans to understand exactly to send to every American over 25 of contaminated property who are not what is in the account for them at So- needs to be more accurate than the in- responsible for and had no reason to cial Security. formation provided today. As a result, many workers, even Information will not solve all the know of the contamination when they those near retirement, continue to problems we have with Social Security, acquired the property, and persons overestimate their likely Social Secu- but I think it will surely give working whose property is contaminated as a rity benefits, which, bottom line, Americans some useful tools to help result of migration from neighboring threatens their quality of life through- them better plan for retirement. property. out their retirement years. In closing, American workers labor In addition, the bill authorizes fund- Social Security taxes are the largest mightily to put money aside for retire- ing for three purposes: tax that many families will ever pay. It ment. They should have full property $35 million per year for five years for will account for up to one-eighth of the rights to their money. They deserve grants to local governments, States total lifetime income they will make. the security of owning their retirement and Indian tribes to inventory and as- Few Americans know the value or the benefits and savings. My legislation sess contamination at brownfield sites; yield of their investment, because the gives American workers legal protec- $60 million per year for five years for Government never tells them the whole tion to their retirement savings. It will grants to local governments, States truth about Social Security by pro- stop politicians from cutting their ben- and Indian tribes to capitalize revolv- viding them with this key information. efits to spend money in other unrelated ing loan funds and for site cleanup; and Reliable information on Social Secu- programs out of our Social Security $15 million per year for five years to rity is crucial to enable Americans to trust fund. It also allows American States to develop and enhance vol- better understand the value of their workers maximum freedom to better untary cleanup programs. Social Security investment and to help plan for their retirement by giving Perhaps the most well known criti- them determine exactly how much them more accurate information on cism of Superfund relates to the toll it they should supplement their expected their Social Security benefits. can take on small businesses that, de- Social Security benefits with other In closing, retirement security is es- spite their often minimal contribution savings in order to have a certain level sential to millions of Americans and of waste to a site, have been forced to of retirement security. we must do everything we can to help incur significant sums in attorney fees This is particularly important for them achieve that security and the and payments toward cleanup. A sig- some ethnic minorities, because re- peace of mind that will go along with nificant portion of small businesses search shows that African Americans it. that sent waste to a site sent only mu- have lower rates of return from Social My legislation charts a course which nicipal waste or very small amounts of Security. They get less back from the I believe will lead us there. hazardous waste. In addition, many system than others who pay in. Low-in- small businesses simply cannot afford come, single, African American males By Mr. BAUCUS (for himself, Mr. to pay the costs associated with retain- have a negative rate of return today. LAUTENBERG, Mrs. LINCOLN, and ing an attorney and cleanup. As I said, overall it is about a 1 percent Mr. DASCHLE): To address these problems, the bill rate of return. For many, it will be a S. 1105. A bill to assist local govern- provides two liability exemptions. negative rate of return. But for low-in- ments and States in assessing and re- The first is an exemption for parties come, single, African American males mediating brownfield sites, increase that sent a de micromis amount of today, they already have a negative fairness and reduce litigation, and for hazardous waste—presumed to be less rate of return on the money they pay other purposes; to the Committee on than 110 gallons of liquid material or into the system. Environment and Public Works. 200 pounds of solid material. (Note that

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5838 CONGRESSIONAL RECORD — SENATE May 24, 1999 this provision is not limited to small Lott/Daschle bill in the 105th Congress. There are, however, some significant businesses: it also would exempt a In particular, I appreciate the work of differences between the approaches large company that sends only Senator LINCOLN on this issue. taken in the two bills, particularly de micromis amounts of waste.) Contributions of orphan funding from with respect to providing an adequate The second is an exemption for small the Superfund can mitigate much of federal safety net to protect public business and homeowners that sent the perceived unfairness of the joint health and the environment, the allo- municipal solid waste from their home and several liability system. Alloca- cation system, and, perhaps most sig- or business. There is no limit on the tion pilot studies conducted by EPA re- nificantly, providing adequate and as- amount of municipal waste these par- vealed that the most important tool sured funding to operate the program. ties sent. for achieving settlements, and in the I hope that we can work coopera- In addition, the bill provides relief process reducing transaction costs, is tively and expeditiously to resolve for those who sent a relatively small for EPA to offer some contribution of these differences, so that we can pass a amount of hazardous waste, but more funding to offset costs attributable to Superfund reauthorization bill with than allowed under the de micromis parties that are unable to pay. broad, bipartisan support. exemption, and for small businesses The bill authorizes $200 million per Mr. LAUTENBERG. Mr. President, I with a limited ability to pay. Specifi- year for five years in mandatory spend- rise to introduce the Superfund Litiga- cally, the bill provides expedited set- ing to be used by EPA in cleanup set- tion Reduction and Brownfield Cleanup tlements for contributors of tlements. It is so used to offset costs Act along with Senators DASCHLE, BAU- de minimis amounts of waste and per- attributable to parties that are insol- CUS, and LINCOLN. This bill will sons with a limited ability to pay. vent or defunct or otherwise unable to strengthen and improve the current These provisions require EPA to make pay, or for other equitable purposes. Superfund program by cleaning up settlement offers as expeditiously as This mandatory spending is condi- urban and rural brownfields and remov- practicable to these parties. A party tional, however, on the Superfund ing small, innocent parties from unnec- who contributed 1% or less of the waste cleanup program being appropriated at essary superfund litigation. to the site is presumed to be least $1.5 billion annually, exclusive of Unlike the alternative Superfund de minimis. the $200 million for orphan funding. proposal offered by the Republicans on Together, these provisions would pro- That so-called ‘‘firewall’’ is intended to Environment and Public Works Com- vide relief for virtually every small ensure that cleanups are not sacrificed mittee, this bill continues what is best business and homeowner that should in order to pay orphan funding. Assum- about the Superfund program and get relief. The bill also requires that ing the program is funded at the re- makes the minor adjustments nec- EPA establish a small business Super- quired level, EPA would be required to essary to make it cost effective. Mr. President, way back in the 103rd fund assistance section within the contribute $200 million per year to Congress, the critics of Superfund small business ombudsman office of cleanup settlements. However, to raised a number of issues. They as- EPA. maintain flexibility, EPA would have serted that the program was too slow, Under Superfund, contributors of mu- the discretion to determine how much that not enough cleanups were taking nicipal solid waste and municipal sew- of the $200 million to allocate to which place, that there was too much litiga- age sludge have been sued, and in some sites. tion. instances, found liable, based on the The bill authorizes appropriations of At the time, we were seeking solu- fact that even municipal waste con- $7.5 billion over five years, or $1.5 bil- tions which would make the program tains some small amount of hazardous lion a year. At this level, EPA would be faster, streamline cleanups, treat par- substances. At sites with municipal able to maintain the current pace of ties more fairly and get the little guys waste (such as municipal landfills), fre- cleanups, which is resulting in the out earlier, all while keeping those re- quently the majority of waste by vol- completion of construction at 85 sites a sponsible for the problem also respon- ume is municipal waste, but the condi- year. Now that we finally are making sible for cleaning it up. This was all tions that result in listing the site on good progress in cleaning up sites, its within the general goals of achieving the NPL were caused by the more toxic important to maintain this pace. more cleanups and therefore providing industrial waste. Hence, there has long On a related point, the bill continues better protection of human health and been controversy as to whether con- to fund cleanups principally through the environment. tributors of municipal waste, and mu- the Superfund Trust Fund. In doing so, I am proud of those proposals, and nicipalities that own municipal land- it assumes the reinstatement of the many of us still on the Environment fills on the NPL, should be treated the two Superfund taxes—the excise taxes and Public Works Committee, includ- same as contributors of other waste. on petroleum and chemical feedstocks ing Chairman CHAFEE, who voted for Last year EPA published a policy for and the corporate environmental tax of that bill way back in the 103rd Con- settlements with municipal owners and .12 percent of corporate alternative gress should also be proud. Many of operators of NPL landfills, and for pub- minimum taxable income above $2 mil- those proposals, although never en- lic and private contributors of munic- lion. By doing so, the bill would retain acted into law, were adopted adminis- ipal waste. The policy was developed the current reliance on the trust fund tratively by EPA and radically altered through negotiations with several mu- to pay for the majority of cleanup the Superfund Program as we know it. nicipal organizations. costs, with a limited payment from Others have been tested and been im- Our bill codifies EPA’s policy. Under general revenues. proved upon. In general, the thrust of the provision, municipalities that own Mr. President, the chairmen of the this bill has resulted in many of the or operate landfills that are on the Environment and Public Works Com- achievements of the current program. NPL are entitled to settle for 20% of mittee and its Superfund Sub- According to a report issued by the the cleanup costs at a site, and for 10% committee, Senators CHAFEE and General Accounting Office, by the end if they have a population below 100,000. SMITH, also have introduced a Super- of this fiscal year all cleanup remedies Contributors of municipal waste, in- fund reform bill, S. 1090. There are sev- will have been selected for 95 percent of cluding municipalities and private par- eral areas of general agreement be- nonfederal NPL sites (1,109 of 1,169 ties, can settle for $5.30 a ton. This tween the bill that we are introducing sites). number was calculated based on the today and S. 1090. Some examples are In addition, approximately 990 NPL cost of cleaning up a municipal landfill the exemption for bona fide prospective sites have final cleanup plans approved, that does not also have hazardous purchasers and other exemptions in- approximately 5,600 emergency re- waste. tended to promote brownfields redevel- moval actions have been taken at haz- Title IV provides exemptions for con- opment; exemptions for contributors of ardous waste sites to stabilize dan- tributors of certain ‘‘recyclable mate- recyclable material; and exemptions gerous situations and to reduce the rial’’—paper, plastic, glass, textiles, and expedited settlements for contribu- threat to human health and the envi- rubber (other than whole tires), metal tors of municipal waste or small ronment. and batteries—that meet specified con- amounts of hazardous waste, to protect More than 30,900 sites have been re- ditions. It is virtually identical to the municipalities and small businesses. moved from the Superfund inventory of

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5839 potential waste sites, to help promote cleanups protective, reduces litigation TITLE I—BROWNFIELDS LIABILITY the economic redevelopment of these and transaction costs, is affordable and RELIEF properties. does not shift costs to the American SEC. 101. FINALITY FOR BUYERS. During this same time, EPA has taxpayer. (a) LIMITATIONS ON LIABILITY.—Section 107 worked to improve the fairness and ef- That is why I am introducing the of the Comprehensive Environmental Re- ficiency of the enforcement program, Superfund Litigation Reduction and sponse, Compensation, and Liability Act of even while keeping up the participa- Brownfield Cleanup Act of 1999. I be- 1980 (42 U.S.C. 9607) is amended by adding at tion of potentially responsible parties the end the following: lieve that this bill, is in some areas ‘‘(o) LIMITATION ON LIABILITY FOR PROSPEC- in cleaning up their sites. very close to the provisions supported TIVE PURCHASERS.—Notwithstanding para- EPA has negotiated more than 400 by my Republican colleagues, but dif- graphs (1) through (4) of subsection (a), to deminimis settlements with over 18,000 fers in some critical areas. the extent the liability of a person, with re- small parties, which gave protection It would protect cleanups, reduce spect to a release or the threat of a release for these parties against expensive con- litigation and not shift costs to the from a facility, is based solely on subsection tribution suits brought by other pri- American taxpayer. (a)(1), the person shall not be liable under vate parties. Sixty six percent of these I hope that these are goals we can this Act if the person— have been in the last four years alone. ‘‘(1) is a bona fide prospective purchaser of agree on. And I urge my colleagues to the facility; and Since fiscal year 1996, EPA has of- not throw the Superfund baby out with fered ‘‘orphan share’’ compensation of ‘‘(2) does not impede the performance of the bathwater. any response action or natural resource res- over $145 million at 72 sites to respon- I look forward to working with my toration at a facility.’’. sible parties who were willing to step colleagues to strengthen the Superfund (b) PROSPECTIVE PURCHASER AND WINDFALL up and negotiate settlements of their program in the 21st century not dis- LIEN.—Section 107 of the Comprehensive En- cases. EPA is now offering this at mantle it. vironmental Response, Compensation, and every single settlement, to reward set- I ask unanimous consent that the bill Liability Act of 1980 (as amended by sub- tlors and reduce litigation, both with and a summary of the Legislation be section (a)) is amended by adding at the end the government, and with other private the following: printed in the RECORD. ‘‘(p) PROSPECTIVE PURCHASER AND WIND- parties. There being no objection, the mate- These are just a few highlights of the FALL LIEN.— rial was ordered to be printed in the ‘‘(1) IN GENERAL.—In any case in which the improvements made in the program, RECORD, as follows: United States has incurred unrecovered re- many drawn from our earlier legisla- S. 1105 sponse costs at a facility for which an owner tive proposals. Other improvements, of the facility is not liable by reason of sub- Be it enacted by the Senate and House of Rep- such as instituting the targeted review section (o), and the conditions described in resentatives of the United States of America in paragraph (3) are met, the United States of complex and high-cost cleanups, Congress assembled, prior to remedy selection, have reduced shall— SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(A) have a lien on the facility; or the cost of cleanups without delaying (a) SHORT TITLE.—This Act may be cited as the pace of cleanups. ‘‘(B) may obtain, from the appropriate re- the ‘‘Superfund Litigation Reduction and sponsible party or parties, a lien on other EPA’s administrative reforms have Brownfield Cleanup Act of 1999’’. significantly improved the program, by property or other assurances of payment sat- (b) TABLE OF CONTENTS.—The table of con- isfactory to the Administrator, for the unre- speeding up cleanups and reducing tents of this Act is as follows: covered costs. senseless litigation, and making the Sec. 1. Short title; table of contents. ‘‘(2) AMOUNT; DURATION.—The lien shall— program fairer, faster and more effi- TITLE I—BROWNFIELDS LIABILITY ‘‘(A) be for an amount not to exceed the cient overall. RELIEF lesser of the amount of— But despite the fact that this is a Sec. 101. Finality for buyers. ‘‘(i) the response costs of the United program that has finally really hit its Sec. 102. Finality for owners and sellers. States; or stride, we are now faced with proposals Sec. 103. Regulatory authority. ‘‘(ii) the increase in fair market value of from the majority which could under- TITLE II—SMALL BUSINESS LIABILITY the property attributable to the response ac- cut the progress in the program, and RELIEF tion at the time of a subsequent sale or other disposition of the property; which are premised on a goal of closing Sec. 201. Liability exemptions. ‘‘(B) arise at the time costs are first in- Sec. 202. Expedited settlement for de mini- down the program rather than a goal of curred by the United States with respect to mis contributions and limited cleaning up the sites. Indeed, the very a response action at the facility; ability to pay. title of their bill, the Superfund Pro- ‘‘(C) be subject to the requirements for no- Sec. 203. Small business ombudsman. gram Completion Act, reflects this in- tice and validity specified in subsection tent. TITLE III—SETTLEMENTS FOR MUNICI- (l)(3); and I am deeply troubled by many of the PALITIES AND CONTRIBUTORS OF MU- ‘‘(D) continue until the earlier of satisfac- provisions in the Republican bill, NICIPAL WASTE tion of the lien or recovery of all response which would have the effect of ramping Sec. 301. Municipal owners and operators. costs incurred at the facility, notwith- Sec. 302. Expedited settlements with con- the program down without regard to standing any statute of limitations under tributors of municipal waste. section 113. the amount of site work left to be TITLE IV—CLARIFICATION OF LIABILITY ‘‘(3) CONDITIONS.—The conditions referred done. This bill provides for lowered FOR RECYCLING TRANSACTIONS to in paragraph (1) are the following: funding levels, a cap on the NPL, waiv- Sec. 401. Recycling transactions. ‘‘(A) RESPONSE ACTION.—A response action ers of the federal safety net, and some for which the United States has incurred un- broad liability exemptions. TITLE V—BROWNFIELDS CLEANUP recovered costs of a response not incon- At the same time, it creates a num- Sec. 501. Brownfields funding. sistent with the National Contingency Plan ber of new, expensive obligations which Sec. 502. Research, development, demonstra- is carried out at the facility. tion, and training. ‘‘(B) FAIR MARKET VALUE.—The response would further reduce the amount of Sec. 503. State voluntary cleanup programs. money available for cleanup. It also action increases the fair market value of the Sec. 504. Audits. facility above the fair market value of the shifts the costs of the program to the TITLE VI—SETTLEMENT INCENTIVES facility that existed before the response ac- taxpayers and would not include an ex- Sec. 601. Fairness in settlements. tion was commenced. tension of the Superfund tax. ‘‘(4) SETTLEMENT.—Nothing in this sub- TITLE VII—FUNDING In short, while I am encouraged by section prevents the United States and the the fact that the Republican bill drops Sec. 701. Authorization of appropriations. purchaser from entering into a settlement at Sec. 702. Funding for cleanup settlements. some troubling provisions from prior any time that extinguishes a lien of the Sec. 703. Agency for Toxic Substances and United States.’’. bills, it introduces a whole set of new Disease Registry. (c) DEFINITION OF BONA FIDE PROSPECTIVE issues that are cause for great concern. Sec. 704. Brownfields. I think it is very clear that what we PURCHASER.—Section 101 of the Comprehen- Sec. 705. Authorization of appropriations sive Environmental Response, Compensa- need here is a better Superfund pro- from general revenues. tion, and Liability Act of 1980 (42 U.S.C. 9601) Sec. 706. Worker training and education gram, not a retreat from tackling our is amended by adding at the end the fol- grants. environmental problems. lowing: We need a bill that continues to ac- TITLE VIII—DEFINITIONS ‘‘(39) BONA FIDE PROSPECTIVE PURCHASER.— celerate the pace of cleanups, keeps Sec. 801. Definitions. The term ‘bona fide prospective purchaser’

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5840 CONGRESSIONAL RECORD — SENATE May 24, 1999 means a person or a tenant of a person that 107(b)(3) that an act or omission of a previous aerial photograph, fire insurance map, prop- acquires ownership of a facility after the owner or operator of that facility did not erty tax file, United States Geological Sur- date of enactment of this paragraph that can occur in connection with a contractual rela- vey 7.5 minutes topographic map, local establish each of the following by a prepon- tionship if’’; and street directory, building department record, derance of the evidence: (2) by striking subparagraph (B) and insert- and zoning/land use record, and any other ‘‘(A) DISPOSAL PRIOR TO ACQUISITION.—All ing the following: source that identifies a past use or occu- active disposal of hazardous substances at ‘‘(B) KNOWLEDGE OF INQUIRY REQUIRE- pancy of the property. the facility occurred before the person ac- MENT.— ‘‘(IV) Determination of the existence of quired the facility. ‘‘(i) DEFINITION OF CONTAMINATION.—In this any recorded environmental cleanup lien ‘‘(B) INQUIRY.— subparagraph, the term ‘contamination’ against the real property that has arisen ‘‘(i) IN GENERAL.—The person made all ap- means an existing release, a past release, or under any Federal, State, or local law. propriate inquiry into the previous owner- the threat of a release of a hazardous sub- ‘‘(V) Review of reasonably ascertainable stance. ship and uses of the facility in accordance Federal, State, and local government records ‘‘(ii) REQUIREMENT.— with generally accepted good commercial of any facility that is likely to cause or con- ‘‘(I) INQUIRY.—To establish that the defend- and customary standards and practices. tribute to contamination at the real prop- ant had no reason to know (under subpara- ‘‘(ii) STANDARDS.—The standards and prac- erty, including, as appropriate— tices referred to in clause (ii) of paragraph graph (A)(i)), the defendant must have made, at the time of the acquisition, all appro- ‘‘(aa) any investigation report for the facil- (35)(B) or those issued or designated by the ity; Administrator under that clause shall sat- priate inquiry (as well as comply with clause (vii)) into the previous ownership and uses of ‘‘(bb) any record of activities likely to isfy the requirements of this subparagraph. cause or contribute to contamination at the ‘‘(iii) RESIDENTIAL PROPERTY.—In the case the facility, consistent with good commer- real property, including any landfill or other of property in residential or other similar cial or customary practice in an effort to disposal location record, underground stor- use at the time of purchase by a nongovern- minimize liability. age tank record, hazardous waste handler mental or noncommercial entity, a site in- ‘‘(II) CONSIDERATIONS.—For the purpose of and generator record, and spill reporting spection and title search that reveal no basis subclause (I) and until the President issues record; and for further investigation shall satisfy the re- or designates standards as provided in clause ‘‘(cc) any other reasonably ascertainable quirements of this subparagraph. (iv), the court shall take into account— Federal, State, and local government envi- ‘‘(C) NOTICES.—The person provided all le- ‘‘(aa) any specialized knowledge or experi- ronmental record that could reflect an inci- gally required notices with respect to the ence on the part of the defendant; dent or activity that is likely to cause or discovery or release of any hazardous sub- ‘‘(bb) the relationship of the purchase price contribute to contamination at the real stances at the facility. to the value of the property if uncontaminated; property. ‘‘(D) CARE.—The person exercised appro- priate care with respect to hazardous sub- ‘‘(cc) commonly known or reasonably as- ‘‘(VI) A visual site inspection of the real stances found at the facility by taking rea- certainable information about the property; property and each facility and improvement sonable steps to— ‘‘(dd) the obviousness of the presence or on the real property and a visual site inspec- ‘‘(i) stop ongoing releases; likely presence of contamination at the tion of each immediately adjacent property, property; and ‘‘(ii) prevent threatened future releases of including an investigation of any hazardous ‘‘(ee) the ability to detect the contamina- hazardous substances; and substance use, storage, treatment, or dis- tion by appropriate investigation. ‘‘(iii) prevent or limit human, environ- posal practice on the property. ‘‘(iii) CONDUCT OF SITE ASSESSMENT.—A per- mental, or natural resource exposure to haz- ‘‘(VII) Any specialized knowledge or expe- son who has acquired real property shall be ardous substances previously released into rience on the part of the person that ac- considered to have made all appropriate in- the environment. quired the property. quiry within the meaning of clause (ii)(I) if— ‘‘(E) COOPERATION, ASSISTANCE, AND AC- ‘‘(VIII) The relationship of the purchase ‘‘(I) the person establishes that, not later CESS.—The person— price to the value of the property if than 180 days before the date of acquisition, ‘‘(i) provides full cooperation, assistance, uncontaminated. a site assessment of the real property was ‘‘(IX) Commonly known or reasonably as- and access to the persons that are authorized conducted that meets the requirements of to conduct the response and restoration ac- certainable information about the property. clause (iv); and ‘‘(X) The obviousness of the presence or tions at the facility, including the coopera- ‘‘(II) the person complies with clause (vii). tion and access necessary for the assessment likely presence of contamination at the ‘‘(iv) SITE ASSESSMENT STANDARDS.— of contamination, installation, preservation property, and the ability to detect the con- ‘‘(I) IN GENERAL.—A site assessment meets tamination by appropriate investigation. of integrity, operation, and maintenance of the requirements of this clause if the assess- ‘‘(vi) REASONABLY ASCERTAINABLE.—A any complete or partial response action at ment is conducted in accordance with the record shall be considered to be reasonably the facility; and standards set forth in the American Society ascertainable for purposes of clause (v) if a ‘‘(ii) has fully complied and is in full com- for Testing and Materials (ASTM) Standard copy or reasonable facsimile of the record is pliance with any land use or activity restric- E1527–94, entitled ‘Standard Practice for En- publicly available by request (within reason- tions on the property established or relied on vironmental Site Assessments: Phase I Envi- in connection with a response action at the ronmental Site Assessment Process’ or with able time and cost constraints) and the facility, including informing any other party any alternative standards issued by regula- record is practicably reviewable. that the person allows to occupy or use the tion by the President or issued or developed ‘‘(vii) APPROPRIATE INQUIRY.—A person property of the restrictions and taking by other entities and designated by regula- shall not be treated as having made all ap- prompt action to correct any noncompliance tion by the President. propriate inquiry under clause (ii)(I) unless— by the party. ‘‘(II) STUDY OF PRACTICES.—Before issuing ‘‘(I) the person has maintained a compila- ‘‘(F) RELATIONSHIP.— or designating alternative standards under tion of the information reviewed and gath- ‘‘(i) IN GENERAL.—The person is not liable subclause (I), the President shall conduct a ered in the course of any site assessment; or affiliated with any other person that is study of commercial and industrial practices ‘‘(II) with respect to hazardous substances potentially liable for response costs at the concerning site assessments in the transfer found at the facility, the person, at a min- facility through any direct or indirect famil- of real property in the United States. imum, takes reasonable steps to— ial relationship, or any contractual, cor- ‘‘(v) CONSIDERATIONS IN ISSUING STAND- ‘‘(aa) stop ongoing releases of hazardous porate, or financial relationship other than ARDS.—In issuing or designating any stand- substances; that created by the instruments by which ards under clause (iv), the President shall ‘‘(bb) prevent threatened future releases of title to the facility is conveyed or financed. consider requirements governing each of the hazardous substances; and ‘‘(ii) REORGANIZATION.—An entity that re- following: ‘‘(cc) prevent or limit human, environ- sults from the reorganization of a business ‘‘(I) Conduct of an inquiry by an environ- mental, or natural resource exposure to haz- entity that is potentially liable does not mental professional. ardous substances previously released into qualify as a bona fide prospective purchaser ‘‘(II) Interviews of each owner, operator, the environment; with respect to a purchase or transfer of and occupant of the property to determine ‘‘(III) the person provides full cooperation, property directly or indirectly from the po- information regarding the potential for con- assistance, and facility access to such per- tentially liable entity.’’. tamination. sons as are authorized to conduct response SEC. 102. FINALITY FOR OWNERS AND SELLERS. ‘‘(III) Review of historical sources as nec- actions at the facility, including the co- (a) KNOWLEDGE OF INQUIRY REQUIREMENT essary to determine each previous use and operation and access necessary for the in- FOR INNOCENT LANDOWNERS.—Section 101(35) occupancy of the property since the property stallation, integrity, operation, and mainte- of the Comprehensive Environmental Re- was first developed. In this subclause, the nance of any complete or partial response ac- sponse, Compensation, and Liability Act of term ‘historical sources’ means any of the tion at the facility; and 1980 (42 U.S.C. 9601(35)) is amended— following, if reasonably ascertainable: each ‘‘(IV) the person has fully complied with (1) in subparagraph (A), by striking ‘‘, un- recorded chain of title document regarding and is in full compliance with any land use less’’ and inserting ‘‘. An owner or operator the real property, including each deed, ease- or activity restrictions on the property es- of a facility may only assert under section ment, lease, restriction, and covenant, any tablished or relied on in connection with a

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5841 response action at the facility, including in- source or sources outside the property, para- United States or any other person (including forming any other party that the person al- graph (1)(C) shall not require that the person liability for contribution) for response costs lows to occupy or use the property of such conduct groundwater investigations or in- incurred with respect to a facility to the ex- restrictions and taking prompt action to cor- stall groundwater remediation systems, ex- tent that— rect any noncompliance by such parties. cept in accordance with the policy of the En- ‘‘(A) liability is based on paragraph (3) or ‘‘(viii) SITE INSPECTION AND TITLE SEARCH.— vironmental Protection Agency on owners of (4) of subsection (a); In the case of property for residential use or property containing contaminated aquifers, ‘‘(B) liability is based on an arrangement other similar use purchased by a nongovern- dated May 24, 1995. for disposal or treatment of, an arrangement mental or noncommercial entity, a site in- ‘‘(4) BONA FIDE PROSPECTIVE PURCHASER.— with a transporter for transport for disposal spection and title search that reveal no basis Any person that does not qualify as a person or treatment of, or an acceptance for trans- for further investigation shall satisfy the re- described in paragraph (1) because the person port for disposal or treatment at a facility quirements of clause (ii).’’. had the knowledge specified paragraph (1)(G) of, municipal solid waste; and (b) LIMITATION ON LIABILITY FOR CONTIG- at the time of acquisition of the real prop- ‘‘(C) the person is— UOUS PROPERTY OWNERS.—Section 107 of the erty may qualify as a bona fide prospective ‘‘(i) an owner, operator, or lessee of resi- Comprehensive Environmental Response, purchaser under section 101(39) if the person dential property from which all of the per- Compensation, and Liability Act of 1980 (42 is otherwise described in that section. son’s municipal solid waste was generated U.S.C. 9607) (as amended by section 101(b)) is ‘‘(5) NO LIMITATION ON DEFENSES.—Nothing with respect to the facility; amended by adding at the end the following: in this subsection— ‘‘(ii) a business entity (including any par- ‘‘(q) CONTIGUOUS PROPERTIES.— ‘‘(A) limits defenses to liability that other- ent, subsidiary, or other affiliate of the enti- ‘‘(1) IN GENERAL.—A person that owns or wise may be available to persons described in ty) that, during the taxable year preceding operates real property that is contiguous to this subsection; or the date of transmittal of written notifica- or otherwise similarly situated with respect ‘‘(B) imposes liability not otherwise im- tion that the business is potentially liable, to other real property that is not owned or posed by section 107(a) on such persons.’’. employed not more than 100 individuals, and operated by that person and that is or may SEC. 103. REGULATORY AUTHORITY. from which was generated all of the entity’s be contaminated by a release or threatened municipal solid waste with respect to the fa- release of a hazardous substance from the (a) IN GENERAL.—The Administrator may— (1) issue such regulations as the Adminis- cility; or other real property shall not be considered ‘‘(iii) a small nonprofit organization that, to be an owner or operator of a vessel or fa- trator considers necessary to carry out the amendments made by this title; and during the taxable year preceding the date of cility under paragraph (1) or (2) of subsection transmittal of written notification that the (a) solely by reason of the contamination if (2) assign any duties or powers imposed on or assigned to the Administrator by the organization is potentially liable, employed such person establishes by a preponderance not more than 100 individuals, if the par- amendments made by this title. of the evidence that— ticular chapter, office, or department em- (b) AUTHORITY TO CLARIFY AND IMPLE- ‘‘(A) the person did not cause, contribute, ploying fewer than 100 individuals was the MENT.—The authority under subsection (a) or consent to the release or threatened re- location from which was generated all of the lease; includes authority to clarify or interpret all terms, including the terms used in this title, municipal solid waste attributable to the or- ‘‘(B) the person is not affiliated with any ganization with respect to the facility. other person that is liable or potentially lia- and to implement any provision of the amendments made by this title. ‘‘(2) EXCEPTION.—Paragraph (1) shall not ble for any response costs at the facility; apply in a case in which the President deter- ‘‘(C) with respect to hazardous substances TITLE II—SMALL BUSINESS LIABILITY mines that the person has failed to comply on or under the person’s property, the per- RELIEF with any request for information or adminis- son, at a minimum, takes reasonable steps SEC. 201. LIABILITY EXEMPTIONS. trative subpoena issued by the President to— Section 107 of the Comprehensive Environ- under this Act or has impeded or is impeding ‘‘(i) stop ongoing releases; mental Response, Compensation, and Liabil- the performance of a response action with re- ‘‘(ii) prevent threatened future releases of ity Act of 1980 (42 U.S.C. 9607) (as amended by spect to the facility.’’. hazardous substances; and section 102(b)) is amended by adding at the SEC. 202. EXPEDITED SETTLEMENT FOR DE MINI- ‘‘(iii) prevent or limit human, environ- end the following: MIS CONTRIBUTIONS AND LIMITED mental, or natural resource exposure to haz- ‘‘(r) DE MICROMIS EXEMPTION.— ABILITY TO PAY. ardous substances previously released into ‘‘(1) IN GENERAL.—Notwithstanding para- (a) PARTIES ELIGIBLE.—Section 122(g) of the environment; graphs (1) through (4) of subsection (a), and the Comprehensive Environmental Response, ‘‘(D) the person provides full cooperation, except as provided in paragraph (2), a person Compensation, and Liability Act of 1980 (42 assistance, and access to the persons that shall not be liable under this Act to the U.S.C. 9622(g)) is amended— are authorized to conduct the response and United States or any other person (including (1) in paragraph (1), by redesignating sub- restoration actions at the facility, including liability for contribution) for any response paragraph (B) as subparagraph (E); the cooperation and access necessary for the costs incurred with respect to a facility if— (2) by striking ‘‘(g)’’ and all that follows assessment of contamination, or installa- ‘‘(A) liability is based solely on paragraph through the end of paragraph (1)(A) and in- tion, preservation of integrity, operation, (3) or (4) of subsection (a); serting the following: and maintenance of any complete or partial ‘‘(B) the total of materials containing a ‘‘(g) EXPEDITED FINAL SETTLEMENT.— response action at the facility; hazardous substance that the person ar- ‘‘(1) PARTIES ELIGIBLE.— ‘‘(E) the person has fully complied and is in ranged for disposal or treatment of, arranged ‘‘(A) IN GENERAL.—The President shall, as full compliance with any land use or activity with a transporter for transport for disposal expeditiously as practicable, notify of eligi- restrictions on the property established or or treatment of, or accepted for transport for bility for a settlement, and offer to reach a relied on in connection with a response ac- disposal or treatment, at the facility, was final administrative or judicial settlement tion at the facility, including informing any less than 110 gallons of liquid materials or with, each potentially responsible party other party that the person allows to occupy less than 200 pounds of solid material, or that, in the judgment of the President, or use the property of the restrictions and such greater quantity as the Administrator meets 1 or more of the conditions stated in taking prompt action to correct any non- may determine by regulation; and subparagraphs (B), (C), (F), and (G). compliance by the party; ‘‘(C) the acts on which liability is based ‘‘(B) DE MINIMIS CONTRIBUTION.—The condi- ‘‘(F) the person provided all legally re- took place before May 1, 1999. tion stated in this subparagraph is that the quired notices with respect to the discovery ‘‘(2) EXCEPTION.—Paragraph (1) shall not liability of the potentially responsible party of the release; and apply in a case in which the Administrator is for response costs based on paragraph (3) ‘‘(G) at the time the person acquired the determines that— or (4) of subsection (a) and the potentially property, the person— ‘‘(A) the material containing a hazardous responsible party’s contribution of hazardous ‘‘(i) conducted all appropriate inquiry substance referred to in paragraph (1) con- substances at a facility is de minimis. For within the meaning of subparagraph (B) of tributed or could contribute significantly, the purposes of this subparagraph, a poten- section 101(35); and individually or in the aggregate, to the cost tially responsible party’s contribution shall ‘‘(ii) did not know or have reason to know of the response action with respect to the fa- be considered to be de minimis only if the that the property was or could be contami- cility; or President determines that both of the fol- nated by a release or threatened release of ‘‘(B) the person has failed to comply with lowing criteria are met: hazardous substances from other real prop- any request for information or administra- ‘‘(i) The quantity of material containing a erty not owned or operated by that person. tive subpoena issued by the President under hazardous substance contributed by the po- ‘‘(2) ASSURANCES.—The President may this Act or has impeded or is impeding the tentially responsible party to the facility is issue an assurance that no enforcement ac- performance of a response action with re- minimal relative to the total quantity of tion under this Act shall be initiated against spect to the facility. material containing hazardous substances at a person described in paragraph (1). ‘‘(s) MUNICIPAL SOLID WASTE EXEMPTION.— the facility. The quantity of a potentially re- ‘‘(3) GROUNDWATER.—With respect to haz- ‘‘(1) IN GENERAL.—Notwithstanding para- sponsible party’s contribution shall be pre- ardous substances in groundwater beneath graphs (1) through (4) of subsection (a), and sumed to be minimal if the quantity is 1 per- the person’s property solely as a result of except as provided in paragraph (2), a person cent or less of the total quantity of mate- subsurface migration in an aquifer from a shall not be liable under this Act to the rials containing hazardous substances at the

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5842 CONGRESSIONAL RECORD — SENATE May 24, 1999 facility, unless the Administrator identifies the facility, unless the President determines sponse costs (including an action for con- a different threshold based on site-specific that requiring a waiver would be unjust. tribution) during the period— factors. ‘‘(ii) EXCEPTION.—The President may de- ‘‘(i) beginning on the date on which the ‘‘(ii) The material containing a hazardous cline to offer a settlement to a potentially person receives from the President written substance contributed by the potentially re- responsible party under this paragraph if the notice of the person’s potential liability and sponsible party does not present toxic or President determines that the potentially re- notice that the person is a party that may other hazardous effects that are significantly sponsible party has failed to comply with qualify for an expedited settlement; and greater than the toxic or other hazardous ef- any request for access or information or an ‘‘(ii) ending on the earlier of— fects of other material containing hazardous administrative subpoena issued by the Presi- ‘‘(I) the date that is 90 days after the date substances at the facility. dent under this Act or has impeded or is im- on which the President tenders a written set- ‘‘(C) REDUCTION IN SETTLEMENT AMOUNT peding the performance of a response action tlement offer to the person; or BASED ON LIMITED ABILITY TO PAY.— with respect to the facility. ‘‘(II) the date that is 1 year after receipt of ‘‘(i) IN GENERAL.—The conditions stated in ‘‘(iii) RESPONSIBILITY TO PROVIDE INFORMA- notice from the President that the person this subparagraph are that the potentially TION AND ACCESS.—A potentially responsible may qualify for an expedited settlement. responsible party— party that enters into a settlement under ‘‘(B) SUSPENSION OF PERIOD OF LIMITA- ‘‘(I) is— this paragraph shall not be relieved of the re- TION.—The period of limitation under section ‘‘(aa) a natural person; or sponsibility to provide any information or 113(g) applicable to a claim against a person ‘‘(bb) a small business; and access requested by the President in accord- described in subparagraph (A) for response ‘‘(II) demonstrates to the President an in- ance with subsection (e)(3)(B) or section costs, natural resource damages, or contribu- ability or a limited ability to pay response 104(e). tion shall be suspended during the period de- costs. ‘‘(iv) BASIS OF DETERMINATION.—If the scribed in subparagraph (A). ‘‘(ii) SMALL BUSINESSES.— President determines that a potentially re- ‘‘(8) NOTICE OF SETTLEMENT.—After a set- ‘‘(I) DEFINITION OF SMALL BUSINESS.—In sponsible party is not eligible for settlement tlement under this subsection becomes final this subparagraph, the term ‘small business’ under this paragraph, the President shall with respect to a facility, the President shall means a business entity that, together with state the reasons for the determination in promptly notify potentially responsible par- its parents, subsidiaries, and other affiliates, writing to any potentially responsible party ties at the facility that have not resolved had an average of not more than 75 full-time that requests a settlement under this para- their liability to the United States of the equivalent employees and an average of not graph. settlement.’’. more than $3,000,000 in annual gross reve- ‘‘(v) NO JUDICIAL REVIEW.—A determination SEC. 203. SMALL BUSINESS OMBUDSMAN. nues, as reported to the Internal Revenue by the President under this paragraph shall Section 117 of the Comprehensive Environ- Service, during the 3 years preceding the not be subject to judicial review.’’; and mental Response, Compensation, and Liabil- date on which the business entity first re- (3) in subparagraph (E) of paragraph (1) (as ity Act of 1980 (42 U.S.C. 9617) is amended by ceived notice from the President of its po- redesignated by paragraph (1))— adding at the end the following: tential liability under this Act. (A) by redesignating clauses (i) through ‘‘(f) SMALL BUSINESS OMBUDSMAN.— ‘‘(II) OTHER BUSINESSES.—A business shall (iii) as subclauses (I) through (III), respec- ‘‘(1) ESTABLISHMENT.—The Administrator be eligible for a settlement under this sub- tively, and adjusting the margins appro- shall establish a small business Superfund paragraph if the business— priately; assistance section within the small business ‘‘(aa) has an average of not more than 75 (B) by striking ‘‘(E) The potentially re- ombudsman office of the Environmental Pro- employees or an average of not more than sponsible party’’ and inserting the following: tection Agency. $3,000,000 in annual gross revenue; and ‘‘(E) OWNERS OF REAL PROPERTY.— ‘‘(2) FUNCTIONS.—The small business Super- ‘‘(bb) meets all other requirements for a ‘‘(i) IN GENERAL.—The condition stated in fund assistance section shall— settlement under this subparagraph. this subparagraph is that the potentially re- ‘‘(A) act as a clearinghouse for the provi- ‘‘(III) CONSIDERATIONS.—At the request of a sponsible party’’; and sion to small businesses of information, in a small business, the President shall take into (C) by striking ‘‘This subparagraph (B)’’ form that is comprehensible to a layperson, consideration the ability of the small busi- and inserting the following: regarding this Act, including information re- ness to pay response costs and still maintain ‘‘(ii) APPLICABILITY.—Clause (i)’’. garding— its basic business operations, including con- (b) SETTLEMENT OFFERS.—Section 122(g) of sideration of the overall financial condition the Comprehensive Environment Response, ‘‘(i) requirements and procedures for expe- of the small business and demonstrable con- Liability, and Compensation Act of 1980 (42 dited settlements under section 122(g); and straints on the ability of the small business U.S.C. 9622(g)) is amended— ‘‘(ii) ability-to-pay procedures under sec- to raise revenues. (1) by redesignating paragraph (6) as para- tion 122(g); ‘‘(B) provide general advice and assistance ‘‘(IV) INFORMATION.—A small business re- graph (9); and questing settlement under this paragraph (2) by inserting after paragraph (5) the fol- to small businesses regarding questions and shall promptly provide the President with all lowing: problems concerning the settlement proc- relevant information needed to determine ‘‘(6) SETTLEMENT OFFERS.— esses (not including legal advice as to liabil- the ability of the small business to pay re- ‘‘(A) NOTIFICATION.—As soon as practicable ity or any other legal representation); and sponse costs. after receipt of sufficient information to ‘‘(C) develop proposals and make rec- ‘‘(V) DETERMINATION.—To be eligible to be make a determination, the Administrator ommendations for changes in policies and covered by this subparagraph, the business shall notify any person that the Adminis- activities of the Environmental Protection shall demonstrate to the President the in- trator determines is eligible under paragraph Agency that would better fulfill the goals of ability of the small business to pay response (1) of the person’s eligibility for the expe- this title and the amendments made by this costs. If the small business employs fewer dited final settlement. title in ensuring equitable, simplified, and than 25 full-time equivalent employees and ‘‘(B) OFFERS.—As soon as practicable after expedited settlements for small businesses.’’. has average gross income revenues of less receipt of sufficient information, the Admin- TITLE III—SETTLEMENTS FOR MUNICI- than $2,000,000, the President shall, on re- istrator shall submit a written settlement PALITIES AND CONTRIBUTORS OF MU- quest, perform any analysis that the Presi- offer to each person that the Administrator NICIPAL WASTE dent determines may assist in demonstrating determines, based on information available SEC. 301. MUNICIPAL OWNERS AND OPERATORS. the impact of a settlement on the small busi- to the Administrator at the time at which Section 107 of the Comprehensive Environ- ness’ ability to maintain its basic oper- the determination is made, to be eligible for ment Response, Liability, and Compensation ations. The President may perform such a settlement under paragraph (1). Act of 1980 (42 U.S.C. 9607) (as amended by analysis for any other party or request such ‘‘(C) INFORMATION.—At the time at which section 201) is amended by adding at the end other party to perform the analysis. the Administrator submits an offer under the following: ‘‘(VI) ALTERNATIVE PAYMENT METHODS.—If paragraph (1), the Administrator shall, at ‘‘(t) MUNICIPAL OWNERS AND OPERATORS.— the President determines that a small busi- the request of the recipient of the offer, ‘‘(1) IN GENERAL.—A municipality that is ness is unable to pay its total settlement make available to the recipient any informa- liable for response costs under paragraph (1) quantity immediately, the President shall tion available under section 552 of title 5, or (2) of subsection (a) on the basis of owner- consider such alternative payment methods United States Code, on which the Adminis- ship or operation of a municipal landfill that as may be necessary or appropriate. trator bases the settlement offer, and if the was listed on the National Priority List on ‘‘(D) ADDITIONAL CONDITIONS FOR EXPEDITED settlement offer is based in whole or in part or before May 1, 1999, shall be eligible for a SETTLEMENTS.— on information not available under that sec- settlement of that liability. ‘‘(i) WAIVER OF CLAIMS.—The President tion, so inform the recipient. ‘‘(2) SETTLEMENT AMOUNT.— shall require, as a condition of settlement ‘‘(7) LITIGATION MORATORIUM.— ‘‘(A) MUNICIPALITIES WITH A POPULATION OF under this paragraph, that a potentially re- ‘‘(A) IN GENERAL.—No person that has re- 100,000 OR MORE.— sponsible party waive some or all of the ceived notification from the Administrator ‘‘(i) IN GENERAL.—Subject to clauses (ii) claims (including a claim for contribution under paragraph (6) that the person is eligi- and (iii), the President shall offer a settle- under section 113) that the party may have ble for an expedited settlement under para- ment to a municipality with a population of against other potentially responsible parties graph (1) shall be named as a defendant in 100,000 (as measured by the 1990 census) or for response costs incurred with respect to any action under this Act for recovery of re- more with respect to liability described in

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5843 paragraph (1) on the basis of a payment or arranged for disposal or treatment of, ar- terms and conditions acceptable to the other obligation equivalent in value to not ranged with a transporter for transport for President. more than 20 percent of the total response disposal or treatment of, or accepted for ‘‘(G) MUNICIPALITY WITH LIMITED ABILITY TO costs incurred with respect to a facility. transport for disposal or treatment, at a fa- PAY.— ‘‘(ii) DECREASED AMOUNT.—The President cility listed on the National Priorities List— ‘‘(i) IN GENERAL.—The conditions stated in may decrease the percentage under clause (i) ‘‘(I) municipal solid waste; or this subparagraph are that the potentially with respect to a municipality to not less ‘‘(II) municipal sewage sludge. responsible party is a municipality and dem- than 10 percent if the President determines ‘‘(ii) SETTLEMENT AMOUNT.— onstrates to the President an inability or a that the municipality took specific acts of ‘‘(I) IN GENERAL.—The President shall offer limited ability to pay response costs. mitigation during the operation of the facil- a settlement to a party referred to in clause ‘‘(ii) FACTORS.—The President shall con- ity to avoid environmental contamination or (i) with respect to liability under paragraph sider the inability or limited ability to pay exposure with respect to the facility. (3) or (4) of section 107(a) on the basis of a of a municipality to the extent that the mu- ‘‘(iii) INCREASED AMOUNT.—The President payment of $5.30 per ton of municipal solid nicipality provides necessary information may increase the percentage under clause (i) waste or municipal sewage sludge that the with respect to— to not more than 35 percent if the President President estimates is attributable to the ‘‘(I) the general obligation bond rating and determines that— party. information about the most recent bond ‘‘(I) the municipality committed specific ‘‘(II) REVISION.— issue for which the rating was prepared; acts that exacerbated environmental con- ‘‘(aa) IN GENERAL.—The President, after ‘‘(II) the amount of total available funds tamination or exposure with respect to the consulting with local government officials, (other than dedicated funds or State assist- facility; or may revise the per-ton rate by regulation. ance payments for remediation of inactive ‘‘(II) the municipality, during the period of ‘‘(bb) BASIS.—A revised settlement amount hazardous waste sites); ownership or operation of the facility, re- under item (aa) shall reflect the estimated ‘‘(III) the amount of total operating reve- ceived operating revenues substantially in per-ton cost of closure and post-closure ac- nues (other than obligated or encumbered excess of the sum of the waste system oper- tivities at a representative facility con- revenues); ating costs plus 20 percent of total estimated taining only municipal solid waste or munic- ‘‘(IV) the amount of total expenses; response costs incurred with respect to the ipal sewage sludge. ‘‘(V) the amount of total debt and debt facility. ‘‘(iii) ADJUSTMENT FOR INFLATION.—The Ad- service; ‘‘(B) MUNICIPALITIES WITH A POPULATION OF ministrator may by guidance periodically ‘‘(VI) per capita income and cost of living; LESS THAN 100,000.—The President shall offer a adjust the settlement amounts under clause ‘‘(VII) real property values; settlement to a municipality with a popu- (ii) to reflect changes in the Consumer Price ‘‘(VIII) unemployment information; and lation of less than 100,000 (as measured by Index (or other appropriate index, as deter- ‘‘(IX) population information. the 1990 census) with respect to liability de- mined by the Administrator). ‘‘(iii) EVALUATION OF IMPACT.—A munici- scribed in paragraph (1) in an amount that ‘‘(iv) OTHER MATERIAL.— pality may also submit for consideration by does not exceed 10 percent of the total re- ‘‘(I) IN GENERAL.—Notwithstanding clause the President an evaluation of the potential sponse costs incurred with respect to the fa- (i), a potentially responsible party that ar- impact of the settlement on the provision of ranged for disposal or treatment of, arranged cility. municipal services and the feasibility of ‘‘(3) PERFORMANCE OF RESPONSE ACTIONS.— with a transporter for transport for disposal making delayed payments or payments over As a condition of a settlement with a mu- or treatment of, or accepted for transport for a certain period of time. nicipality under this subsection, the Presi- disposal or treatment, municipal solid waste ‘‘(iv) RISK OF DEFAULT OR VIOLATION.—A dent may require that the municipality per- or municipal sewage sludge and other mate- municipality may establish an inability to form or participate in the performance of the rial containing hazardous substances shall be pay for purposes of this subparagraph response actions at the facility. eligible for the per-ton settlement rate pro- through an affirmative showing that pay- ‘‘(4) OWNERSHIP OR OPERATION BY 2 OR MORE vided in this subparagraph as to the munic- ment of its liability under this Act would— MUNICIPALITIES.—A combination of 2 or more ipal solid waste or municipal sewage sludge ‘‘(I) create a substantial demonstrable risk municipalities that jointly own or operate only, if the potentially responsible party that the municipality would default on debt (or owned or operated) a facility at the same demonstrates to the President’s satisfaction time or during continuous operations under the quantity of the municipal solid waste obligations existing as of the time of the municipal control shall be considered to be a and municipal sewage sludge contributed by showing, be forced into bankruptcy, be single owner or operator for the purpose of the party and the quantity and composition forced to dissolve, or be forced to make calculating a settlement offer under this of the other material containing hazardous budgetary cutbacks that would substantially subsection. substances contributed by the party. reduce the level of protection of public health and safety; or ‘‘(5) WAIVER OF CLAIMS.—The President ‘‘(II) PARTIES ELIGIBLE FOR DE MICROMIS EX- ‘‘(II) necessitate a violation of legal re- shall require, as a condition of a settlement EMPTION.—If a potentially responsible party under this subsection, that a municipality or demonstrates to the President’s satisfaction quirements or limitations of general applica- combination of 2 or more municipalities that, with respect to the material other than bility concerning the assumption and main- waive some or all of the claims (including a municipal solid waste or municipal sewage tenance of fiscal municipal obligations. claim for contribution under section 113) sludge contributed by the party, the party ‘‘(v) OTHER FACTORS RELEVANT TO SETTLE- that the party may have against other po- qualifies for the de micromis exemption MENTS WITH MUNICIPALITIES.—In determining tentially responsible parties for response under section 107(r), the party shall qualify an appropriate settlement amount with a costs incurred with respect to the facility, for the per-ton settlement rate under clause municipality under this subparagraph, the unless the President determines that requir- (ii) with respect to its municipal solid waste President may consider other relevant fac- ing a waiver would be unjust. and municipal sewage sludge in an expedited tors, including the fair market value of any in-kind services that the municipality may ‘‘(6) EXCEPTIONS.—The President may de- settlement under this paragraph. cline to offer a settlement under this sub- ‘‘(III) PARTIES ELIGIBLE FOR EXPEDITED DE provide to support the response action at the section with respect to a facility if the Presi- MINIMIS SETTLEMENT.—If a potentially re- facility. dent determines that the municipal owner or sponsible party demonstrates to the satisfac- ‘‘(H) APPLICABILITY OF EXPEDITED SETTLE- operator has failed to comply with any re- tion of the President that, with respect to MENT REQUIREMENTS.— quest for information or administrative sub- the material other than a municipal solid ‘‘(i) IN GENERAL.—The requirements set poena issued by the United States under this waste or municipal sewage sludge contrib- forth in subparagraph (D) shall apply to set- Act, has failed to provide facility access to uted by the party, the party qualifies for a tlements described in subparagraphs (F) and persons authorized to conduct response ac- de minimis settlement under subparagraph (G). tions at the facility, or has impeded or is im- (B), the party shall qualify for the per-ton ‘‘(ii) OTHER REQUIREMENTS.—The require- peding the performance of a response action settlement rate under clause (ii) with re- ments set forth in subparagraph (B)(ii) shall with respect to the facility.’’. spect to its municipal solid waste and munic- apply to settlements described in subpara- graph (F)(i)(II).’’. SEC. 302. EXPEDITED SETTLEMENTS WITH CON- ipal sewage sludge at the time that the party TRIBUTORS OF MUNICIPAL WASTE. agrees to an expedited settlement under this TITLE IV—CLARIFICATION OF LIABILITY Section 122(g)(1) of the Comprehensive En- paragraph with respect to its de minimis FOR RECYCLING TRANSACTIONS vironmental Response, Compensation, and contribution of other material containing SEC. 401. RECYCLING TRANSACTIONS. Liability Act of 1980 (42 U.S.C. 9622(g)(1)) (as hazardous substances. Title I of the Comprehensive Environ- amended by section 202(a)) is amended by ‘‘(IV) OTHER PARTIES.—If a party does not mental Response, Compensation, and Liabil- adding at the end the following: make the demonstration under subclauses ity Act of 1980 (42 U.S.C. 9601 et seq.) is ‘‘(F) CONTRIBUTION OF MUNICIPAL SOLID (II) and (III), the President shall offer to re- amended by adding at the end the following: WASTE AND MUNICIPAL SEWAGE SLUDGE.— solve the party’s liability with respect to the ‘‘SEC. 127. RECYCLING TRANSACTIONS. ‘‘(i) IN GENERAL.—The condition stated in municipal solid waste or municipal sewage ‘‘(a) LIABILITY CLARIFICATION.—A person this subparagraph is that the liability of the sludge at the per-ton settlement rate under who arranged for recycling of recyclable ma- potentially responsible party is for response clause (ii) at such time as the party agrees terial in accordance with this section shall costs based on paragraph (3) or (4) of section to a settlement with respect to other mate- not be liable under paragraph (3) or (4) of sec- 107(a) and the potentially responsible party rial containing hazardous substances on tion 107(a) with respect to the material.

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‘‘(b) DEFINITION OF RECYCLABLE MATE- ‘‘(d) TRANSACTIONS INVOLVING SCRAP ‘‘(ii) the recyclable material would be RIAL.— METAL.— burned as fuel, or for energy recovery or in- ‘‘(1) IN GENERAL.—In this section, the term ‘‘(1) IN GENERAL.—A transaction involving cineration; or ‘recyclable material’ means scrap paper, scrap metal shall be considered to be arrang- ‘‘(iii) for a transaction occurring before the scrap plastic, scrap glass, scrap textile, scrap ing for recycling if the person who arranged date that is 90 days after the date of the en- rubber (other than whole tires), scrap metal, for the transaction (by selling recyclable actment of this section, the consuming facil- or spent lead-acid, spent nickel-cadmium, material or otherwise arranging for the recy- ity was not in compliance with a substantive and other spent battery, as well as minor cling of recyclable material) demonstrates provision of any Federal, State, or local en- quantities of material incident to or adher- by a preponderance of the evidence that (at vironmental law (including a regulation, ing to the scrap material as a result of its the time of the transaction) the person— compliance order, or decree issued pursuant normal and customary use prior to becoming ‘‘(A) met the criteria set forth in sub- to the law), applicable to the handling, proc- scrap. section (c) with respect to the scrap metal; essing, reclamation, or other management ‘‘(2) EXCLUSIONS.—The term ‘recyclable ‘‘(B) was in compliance with any applicable activities associated with the recyclable ma- material‘ does not include shipping con- regulations or standards regarding the stor- terial; tainers of a capacity from 30 liters to 3,000 li- age, transport, management, or other activi- ‘‘(B) the person had reason to believe that ters, whether intact or not, having any haz- ties associated with the recycling of scrap hazardous substances had been added to the ardous substance (but not metal bits and metal that the Administrator promulgates recyclable material for purposes other than pieces or hazardous substances that form an under the Solid Waste Disposal Act (42 processing for recycling; integral part of the container) contained in U.S.C. 6901 et seq.) subsequent to the date of ‘‘(C) the person failed to exercise reason- or adhering to the containers. enactment of this section and with regard to able care with respect to the management ‘‘(c) TRANSACTIONS INVOLVING SCRAP transactions occurring after the effective and handling of the recyclable material (in- PAPER, PLASTIC, GLASS, TEXTILES, OR RUB- date of the regulations or standards; and cluding adhering to customary industry BER.—A transaction involving scrap paper, ‘‘(C) did not melt the scrap metal prior to practices current at the time of the recy- scrap plastic, scrap glass, scrap textile, or the transaction. cling transaction designed to minimize, scrap rubber (other than whole tires) shall be ‘‘(2) THERMAL SEPARATION.—For purposes through source control, contamination of considered to be arranging for recycling if of paragraph (1)(C), melting of scrap metal the recyclable material by hazardous sub- the person who arranged for the transaction does not include the thermal separation of 2 stances); or (by selling recyclable material or otherwise or more materials due to differences in their ‘‘(D) with respect to any item of a recycla- arranging for the recycling of recyclable ma- melting points. ble material, the item contained poly- terial) demonstrates by a preponderance of ‘‘(3) DEFINITION OF SCRAP METAL.—In this chlorinated biphenyls at a concentration in the evidence that all of the following criteria subsection, the term ‘scrap metal’ means excess of 50 parts per million or any new were met at the time of the transaction: bits and pieces of a metal part (such as a bar, standard promulgated pursuant to applicable ‘‘(1) The recyclable material met a com- a turning, a rod, a sheet, and a wire) or a Federal law. mercial specification grade. metal piece that may be combined together ‘‘(2) OBJECTIVELY REASONABLE BASIS.—For ‘‘(2) A market existed for the recyclable with bolts or soldering (resulting in items purposes of this subsection, an objectively material. such as a radiator, scrap automobile, or rail- reasonable basis for belief shall be deter- ‘‘(3) A substantial portion of the recyclable road box car), which when worn or super- mined using criteria that include— material was made available for use as feed- fluous can be recycled, other than scrap met- ‘‘(A) the size of the person’s business; stock for the manufacture of a new saleable als that the Administrator excludes from ‘‘(B) customary industry practices (includ- product. this paragraph by regulation. ing customary industry practices current at the time of the recycling transaction de- ‘‘(4) The recyclable material is a replace- ‘‘(e) TRANSACTIONS INVOLVING BATTERIES.— signed to minimize, through source control, ment or substitute for a virgin raw material, A transaction involving a spent lead-acid contamination of the recyclable material by or the product to be made from the recycla- battery, a spent nickel-cadmium battery, or ble material is a replacement or substitute hazardous substances); other spent battery shall be considered to be ‘‘(C) the price paid in the recycling trans- for a product made, in whole or in part, from arranging for recycling if the person who ar- a virgin raw material. action; and ranged for the transaction (by selling recy- ‘‘(5) In the case of a transaction occurring ‘‘(D) the ability of the person to detect the clable material or otherwise arranging for 90 days or more after the date of enactment nature of the consuming facility’s operations the recycling of recyclable material) dem- of this section, the person exercised reason- concerning its handling, processing, rec- onstrates by a preponderance of the evidence able care to determine that the facility lamation, or other management activities where the recyclable material was handled, that at the time of the transaction— associated with the recyclable material. processed, reclaimed, or otherwise managed ‘‘(1) the person met the criteria set forth in ‘‘(3) PERMIT.—For purposes of this sub- by another person (referred to in this section subsection (c) with respect to the spent lead- section, a requirement to obtain a permit ap- as a ‘consuming facility’) was in compliance acid battery, spent nickel-cadmium battery, plicable to the handling, processing, rec- with substantive provisions of any Federal, or other spent battery, but the person did lamation, or other management activities State, or local environmental law (including not recover the valuable components of such associated with recyclable material shall be a regulation, compliance order, or decree battery; and considered to be a substantive provision. issued pursuant to the law) applicable to the ‘‘(2)(A) with respect to a transaction in- ‘‘(g) EFFECT ON OTHER LIABILITY.—Nothing handling, processing, reclamation, storage, volving a lead-acid battery, the person was in this section affects the liability of a per- or other management activities associated in compliance with applicable Federal envi- son with respect to materials that are not with recyclable material. ronmental law (including regulations and recyclable materials (as defined in sub- ‘‘(6) For purposes of this subsection, rea- standards), regarding the storage, transport, section (b)) under paragraph (1), (2), (3), or sonable care shall be determined using cri- management, or other activities associated (4). ‘‘(h) REGULATIONS.—The Administrator has teria that include the following: with the recycling of the battery; the authority, under section 115, to promul- ‘‘(A) The price paid in the recycling trans- ‘‘(B) with respect to a transaction involv- gate additional regulations concerning this action. ing a nickel-cadmium battery, the person was in compliance with applicable Federal section. ‘‘(B) The ability of the person to detect the ‘‘(i) EFFECT ON PENDING OR CONCLUDED AC- nature of the consuming facility’s operations environmental law (including regulations and standards) regarding the storage, trans- TIONS.—The exemptions provided under this concerning its handling, processing, rec- section shall not affect any concluded judi- lamation, or other management activities port, management, or other activities associ- ated with the recycling of the battery; or cial or administrative action or any pending associated with recyclable material. judicial action initiated by the United States ‘‘(C) The result of inquiries made to appro- ‘‘(C) with respect to a transaction involv- ing any other spent battery, the person was prior to the date of enactment of this sec- priate Federal, State, or local environmental tion. agencies regarding the consuming facility’s in compliance with applicable Federal envi- ronmental law (including regulations and ‘‘(j) LIABILITY FOR ATTORNEY’S FEES FOR past and current compliance with sub- CERTAIN ACTIONS.—Any person who com- standards) regarding the storage, transport, stantive provisions of any Federal, State, or mences an action in contribution against a management, or other activities associated local environmental law (including a regula- person who is not liable by operation of this with the recycling of the battery. tion, compliance order, or decree issued pur- section shall be liable to that person for all suant to the law) applicable to the handling, ‘‘(f) EXCLUSIONS.— reasonable costs of defending that action, in- processing, reclamation, storage, or other ‘‘(1) IN GENERAL.—The exemptions set forth cluding all reasonable attorneys and expert management activities associated with the in subsections (c), (d), and (e) shall not apply witness fees. recyclable material. For the purposes of this if— ‘‘(k) RELATIONSHIP TO LIABILITY UNDER paragraph, a requirement to obtain a permit ‘‘(A) the person had an objectively reason- OTHER LAWS.—Nothing in this section af- applicable to the handling, processing, rec- able basis to believe at the time of the recy- fects— lamation, or other management activity as- cling transaction that— ‘‘(1) liability under any other Federal, sociated with the recyclable materials shall ‘‘(i) the recyclable material would not be State, or local law (including a regulation), be considered to be a substantive provision. recycled; including any requirements promulgated by

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5845 the Administrator under the Solid Waste brownfield site is situated to stimulate eco- moting the long-term availability of funding Disposal Act (42 U.S.C. 6901 et seq.); or nomic development of the area on comple- for brownfields cleanups. ‘‘(2) the ability of the Administrator to tion of the environmental remediation. ‘‘(4) SCOPE OF PROGRAM.— promulgate regulations under any other law, ‘‘(vii) Such other factors as the Adminis- ‘‘(A) IN GENERAL.— including the Solid Waste Disposal Act.’’. trator considers relevant to carry out this ‘‘(i) GRANTS.—In carrying out this sub- TITLE V—BROWNFIELDS CLEANUP title. section, the Administrator may award a ‘‘(D) APPROVAL OF APPLICATION.— SEC. 501. BROWNFIELDS FUNDING. grant to a State or local government that Title I of the Comprehensive Environ- ‘‘(i) IN GENERAL.—In making a decision on submits an application to the Administrator mental Response, Compensation, and Liabil- whether to approve an application under sub- that is approved by the Administrator. paragraph (A), the Administrator shall— ity Act of 1980 (42 U.S.C. 9601 et seq.) is ‘‘(ii) USE OF GRANT.—The grant shall be ‘‘(I) consider the need of the State or local amended by adding at the end the following: used— government for financial assistance to carry ‘‘(I) by the State or local government to ‘‘SEC. 128. BROWNFIELDS FUNDING FOR STATE out this subsection; AND LOCAL GOVERNMENTS. capitalize a revolving loan fund to be used ‘‘(II) consider the ability of the applicant ‘‘(a) BROWNFIELDS INVENTORY AND ASSESS- for cleanup of 1 or more brownfield sites; or to carry out an inventory and site assess- MENT GRANT PROGRAM.— ‘‘(II) in the case of a grant under paragraph ment under this subsection; ‘‘(1) ESTABLISHMENT.—The Administrator (1)(B), by the local government for cleanup ‘‘(III) ensure a fair distribution of grant shall establish a program to award grants to of brownfield sites. funds between urban and nonurban areas; States or local governments to inventory ‘‘(B) GRANT APPLICATION PROCEDURE.— and brownfield sites and to conduct site assess- ‘‘(i) IN GENERAL.—The Administrator shall ‘‘(IV) consider such other factors as the ments of brownfield sites. establish a grant application procedure for Administrator considers relevant to carry ‘‘(2) SCOPE OF PROGRAM.— this subsection. out this subsection. ‘‘(A) GRANT AWARDS.—To carry out this ‘‘(ii) INCLUSIONS.—The procedure estab- ‘‘(ii) GRANT CONDITIONS.—As a condition of subsection, the Administrator may, on ap- lished under clause (i)— awarding a grant under this subsection, the proval of an application, provide financial ‘‘(I) shall include criteria for grants under Administrator may, on the basis of the cri- assistance to a State or local government. paragraph (1)(B); and teria considered under clause (i), attach such ‘‘(B) GRANT APPLICATION PROCEDURE.— conditions to the grant as the Administrator ‘‘(II) may include requirements of the Na- ‘‘(i) IN GENERAL.—The Administrator shall determines appropriate. tional Contingency Plan, to the extent that establish a grant application procedure for those requirements are relevant and appro- ‘‘(E) GRANT AMOUNT.—Subject to subpara- this section. graph (E), the amount of a grant awarded to priate to the program under this subsection. ‘‘(ii) NATIONAL CONTINGENCY PLAN.—The any State or local government under this ‘‘(C) GRANT APPLICATION FOR REVOLVING Administrator may include in the procedure subsection for inventory and site assessment LOAN FUNDS.—An application for a grant established under clause (i) requirements of of 1 or more brownfield sites shall not exceed under this subsection to establish a revolv- the National Contingency Plan, to the ex- $200,000. ing loan fund, shall be in such form as the tent that those requirements are relevant ‘‘(F) WAIVER.—The Administrator may Administrator determines appropriate, and and appropriate to the program under this waive the limitation on the amount of a shall include, at a minimum, the following: subsection. grant under subparagraph (E) on the basis of ‘‘(i) Evidence that the grant applicant has ‘‘(C) GRANT APPLICATION.—An application the anticipated level of contamination, size, the financial controls and resources to ad- for a grant under this subsection shall in- status of ownership, number of brownfield minister a revolving loan fund in accordance clude, to the extent practicable, each of the sites, or any other factor relating to the fa- with this subsection. following: cility that the Administrator considers ap- ‘‘(ii) Provisions that— ‘‘(i) An identification of the brownfield propriate, taking into consideration the im- ‘‘(I) ensure that the grant applicant has sites for which assistance is sought and a de- pact of the increase on the Administrator’s the ability to monitor the use of funds pro- scription of the effect of the brownfield sites ability to provide grants at other facilities. vided to loan recipients under this sub- on the community, including a description of ‘‘(G) TERMINATION OF GRANTS.—If the Ad- section; and the nature and extent of any known or sus- ministrator determines that a State or local ‘‘(II) ensure that any cleanup conducted by pected environmental contamination within government that receives a grant under this the applicant is protective of human health the areas in which eligible brownfield sites subsection is in violation of a condition of a and the environment. are situated. grant referred to in subparagraph (D)(ii), the ‘‘(iii) Identification of the criteria to be ‘‘(ii) A description of the need of the appli- Administrator may terminate the grant used by the State or local government in cant for financial assistance to inventory made to the State or local government and providing for loans under the program. The brownfield sites and conduct site assess- require full or partial repayment of the criteria shall include the financial standing ments. grant. of the applicants for the loans, the use to ‘‘(iii) A demonstration of the potential of ‘‘(b) GRANTS AND LOANS FOR CLEANUP OF which the loans will be put, the provisions to the grant assistance to stimulate economic BROWNFIELD SITES.— be used to ensure repayment of the loan development, including the extent to which ‘‘(1) ESTABLISHMENT.—The Administrator funds. the assistance would stimulate the avail- shall establish a program to award grants ‘‘(iv) A complete description of the finan- ability of other funds for site assessment, to— cial standing of the applicant that includes a site identification, or environmental remedi- ‘‘(A) State or local governments to cap- description of the assets, cash flow, and li- ation and subsequent redevelopment of the italize revolving loan funds for the cleanup abilities of the applicant. areas in which eligible brownfield sites are of brownfield sites; and ‘‘(v) A written statement that attests that situated. ‘‘(B) local governments that are not liable the cleanup of the site would not occur with- ‘‘(iv) A description of the local commit- under section 107, in accordance with para- out access to the revolving loan fund. ment as of the date of the application, which graph (3), for the purpose of cleaning up ‘‘(vi) The proposed method, and anticipated shall include a community involvement plan brownfield sites. period of time required, to clean up the envi- that demonstrates meaningful community ‘‘(2) LOANS.—The loans may be provided by ronmental contamination at the brownfield involvement. the State or local government to finance site. ‘‘(v) A plan that demonstrates how the site cleanups of brownfield sites by the State or ‘‘(vii) An estimate of the proposed total assessment, site identification, or environ- local government, or by an owner or oper- cost of the cleanup to be conducted at the mental remediation and subsequent develop- ator or a prospective purchaser of a brownfield site. ment will be implemented, including— brownfield site (including a local govern- ‘‘(viii) An analysis that demonstrates the ‘‘(I) an environmental plan that ensures ment) at which a cleanup is being conducted potential of the brownfield site for stimu- the use of sound environmental procedures; or is proposed to be conducted. lating economic development or other bene- ‘‘(II) an explanation of the appropriate gov- ‘‘(3) DETERMINATION.—In determining ficial use on completion of the cleanup of the ernment authority and support for the whether to award a grant under paragraph brownfield site. project as in existence on the date of the ap- (1)(B), the Administrator shall consider, in ‘‘(5) GRANT APPROVAL.—In determining plication; addition to other requirements of this sub- whether to award a grant under this sub- ‘‘(III) proposed funding mechanisms for section— section, the Administrator shall consider, as any additional work; and ‘‘(A) the demonstrated financial need of applicable— ‘‘(IV) a proposed land ownership plan. the applicant for a grant, including whether ‘‘(A) the need of the State or local govern- ‘‘(vi) A statement describing the long-term the applicant would be financially able to ment for financial assistance to clean up benefits and the sustainability of the pro- repay a loan; brownfield sites that are the subject of the posed project that includes— ‘‘(B) the extent to which the funds from application, taking into consideration the fi- ‘‘(I) the ability of the project to be rep- the grant would be used for the creation or nancial resources available to the State or licated nationally and measures of success of preservation of undeveloped space or for local government; the project; and other nonprofit purposes; and ‘‘(B) the ability of the State or local gov- ‘‘(II) to the extent known, the potential of ‘‘(C) the benefits of a revolving loan pro- ernment to ensure that the applicants repay the plan for each area in which an eligible gram described in paragraph (1)(A) in pro- the loans in a timely manner;

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5846 CONGRESSIONAL RECORD — SENATE May 24, 1999 ‘‘(C) the extent to which the cleanup of the for purposes of establishing and capitalizing ‘‘(C) the allocation of assistance under sub- brownfield site or sites would reduce health a loan program in accordance with this sub- sections (a) and (b) among the States and and environmental risks caused by the re- section and of cleaning up the environmental local governments. lease of contaminants at, or from, the contamination at the brownfield site or ‘‘(d) LIMITATIONS ON USE OF FUNDS.— brownfield site or sites; sites. ‘‘(1) EXCLUDED FACILITIES.—A grant for site ‘‘(D) the demonstrable potential of the ‘‘(ii) CLEANUP GRANTS.—For grants made inventory and assessment under subsection brownfield site or sites for stimulating eco- under paragraph (1)(B), the local government (a) or to capitalize a revolving loan fund or nomic development on completion of the shall use the funds solely for the purpose of conduct a cleanup under subsection (b) may cleanup; cleaning up the environmental contamina- not be used for any activity involving— ‘‘(E) the demonstrated ability of the State tion at the brownfield site or sites. ‘‘(A) a facility that is the subject of a or local government to administer such a ‘‘(D) REPAYMENT OF FUNDS.—For grants planned or an ongoing response action under loan program; made under paragraph (1)(A), the State or this Act, except for a facility for which a ‘‘(F) the demonstrated experience of the local government shall require in each loan preliminary assessment, site investigation, State or local government regarding agreement, and take necessary steps to en- or removal action has been completed and brownfield sites and the reuse of contami- sure, that the loan recipient shall use the with respect to which the Administrator has nated land, including whether the govern- loan funds solely for the purposes stated in decided not to take further response action, ment has received any grant under this Act subparagraph (C), and shall require the re- including cost recovery action; to assess brownfield sites, except that appli- turn of any excess funds immediately on a ‘‘(B) a facility included, or proposed for in- cants who have not previously received such determination by the appropriate State or clusion, on the National Priorities List a grant may be considered for awards under local official that the cleanup has been com- maintained by the Administrator under this this subsection; pleted. Act; ‘‘(G) the efficiency of having the loan ad- ‘‘(E) NONTRANSFERABILITY.—For grants ‘‘(C) a facility with respect to which a ministered by the level of government rep- under paragraph (1)(A) or (1)(B), the loan record of decision, other than a no-action resented by the applicant entity; funds shall not be transferable, unless the record of decision, has been issued by the ‘‘(H) the experience of administering any Administrator agrees to the transfer in writ- President under section 104 with respect to loan programs by the entity, including the ing. the facility; ‘‘(D) a facility that is subject to corrective loan repayment rates; ‘‘(F) LIENS.— action under section 3004(u) or 3008(h) of the ‘‘(I) the demonstrations made regarding ‘‘(i) DEFINITIONS.—In this subparagraph, the ability of the State or local government the terms ‘security interest’ and ‘purchaser’ Solid Waste Disposal Act (42 U.S.C. 6924(u), 6928(h)) to which a corrective action permit to ensure a fair distribution of grant funds have the meanings given the terms in sec- or order has been issued or modified to re- among brownfield sites within the jurisdic- tion 6323(h) of the Internal Revenue Code of quire the implementation of corrective tion of the State or local government; and 1986. ‘‘(J) such other factors as the Adminis- measures; ‘‘(ii) LIENS.—A lien in favor of the grant re- ‘‘(E) any land disposal unit with respect to trator considers relevant to carry out this cipient shall arise on the contaminated prop- which a closure notification under subtitle C subsection. erty subject to a loan under this subsection. ‘‘(6) GRANT AMOUNT TO CAPITALIZE REVOLV- of the Solid Waste Disposal Act (42 U.S.C. ‘‘(iii) COVERAGE.—The lien shall cover all ING LOAN FUNDS.— 6921 et seq.) has been submitted and closure real property included in the legal descrip- ‘‘(A) IN GENERAL.—Subject to subparagraph requirements have been specified in a closure tion of the property at the time the loan (B), the amount of a grant to capitalize a re- plan or permit; agreement provided for in this subsection is volving loan fund made to a State or local ‘‘(F) a facility at which there has been a signed, and all rights to the property, and applicant under this subsection shall not ex- release of a polychlorinated biphenyl and shall continue until the terms and condi- ceed $500,000. that is subject to the Toxic Substances Con- tions of the loan agreement have been fully ‘‘(B) WAIVER.—The Administrator may trol Act (15 U.S.C. 2601 et seq.); satisfied. waive the limitation on the amount of a ‘‘(G) a facility with respect to which an ad- ‘‘(iv) TIMING.—The lien shall— grant under subparagraph (A) on the basis of ministrative or judicial order or a consent ‘‘(I) arise at the time a security interest is the anticipated level of contamination, size, decree requiring cleanup has been issued or status of ownership, number of brownfield appropriately recorded in the real property entered into by the President and is in effect sites, or any other factor relating to the fa- records of the appropriate office of the State, under— cility that the Administrator considers ap- county, or other governmental subdivision, ‘‘(i) this Act; propriate, taking into consideration the im- as designated by State law, in which the real ‘‘(ii) the Solid Waste Disposal Act (42 pact of the increase on the Administrator’s property subject to the lien is located; and U.S.C. 6901 et seq.); ability to provide grants at other facilities. ‘‘(II) be subject to the rights of any pur- ‘‘(iii) the Federal Water Pollution Control ‘‘(7) CLEANUP GRANT AMOUNT.—The amount chaser, holder of a security interest, or judg- Act (33 U.S.C. 1251 et seq.); of a grant made to a local applicant under ment lien creditor whose interest is or has ‘‘(iv) the Toxic Substances Control Act (15 paragraph (1)(B) shall not exceed $200,000. been perfected under applicable State law be- U.S.C. 2601 et seq.); or ‘‘(8) GRANT APPROVAL.—Each application fore the notice has been filed in the appro- ‘‘(v) the Safe Drinking Water Act (42 U.S.C. for a grant to capitalize a revolving loan priate office of the State, county, or other 300f et seq.); fund under this subsection shall, as a condi- governmental subdivision, as designated by ‘‘(H) a facility at which assistance for re- tion of approval by the Administrator, in- State law, in which the real property subject sponse activities may be obtained under sub- clude a written statement by the State or to the lien is located. title I of the Solid Waste Disposal Act (42 local government that cleanups to be funded ‘‘(G) OTHER CONDITIONS.—The State or local U.S.C. 6991 et seq.) from the Leaking Under- under this subsection shall be conducted government shall comply with such other ground Storage Tank Trust Fund established under the auspices of, and in compliance terms and conditions as the Administrator by section 9508 of the Internal Revenue Code with— determines are necessary to protect the fi- of 1986; and ‘‘(A) the State voluntary cleanup program; nancial interests of the United States and to ‘‘(I) a facility owned or operated by a de- ‘‘(B) the State Superfund program; or protect human health and the environment. partment, agency, or instrumentality of the ‘‘(C) Federal law. ‘‘(c) REPORTS.— United States, except for land held in trust ‘‘(9) GRANT AGREEMENTS.—Each grant ‘‘(1) IN GENERAL.—Not later than 1 year by the United States for an Indian tribe. under this subsection shall be made under a after the date of enactment of this Act, and ‘‘(2) FACILITY GRANTS.—Notwithstanding grant agreement that shall include, at a not later than January 31 of each of the 3 paragraph (1), the President may, on a facil- minimum, provisions that ensure the fol- calendar years thereafter, the Administrator ity-by-facility basis, allow a grant under lowing: shall prepare and submit a report describing subsection (a) or (b) to be used for an activ- ‘‘(A) COMPLIANCE WITH LAW.—The grant re- the results of each program established ity involving any facility or portion of a fa- cipient shall include in all loan agreements a under this title to— cility listed in subparagraph (D), (E), (F), requirement that the loan recipient shall ‘‘(A) the Committee on Environment and (G)(ii), (G)(iii), (G)(iv), (G)(v), or (H) of para- comply with all laws applicable to the clean- Public Works of the Senate; and graph (1). up and shall ensure that the cleanup is pro- ‘‘(B) the Committee on Commerce of the ‘‘(3) FINES AND COST-SHARING.—A grant tective of human health and the environ- House of Representatives. made under this title may not be used to pay ment. ‘‘(2) CONTENTS OF REPORT.—Each report any fine or penalty owed to a State or the ‘‘(B) REPAYMENT.—For grants made under shall, with respect to each of the programs Federal Government, or to meet any Federal paragraph (1)(A), the State or local govern- established under this title, include a de- cost-sharing requirement. ment shall require repayment of the loan scription of— ‘‘(4) OTHER LIMITATIONS.— consistent with this subsection. ‘‘(A) the number of applications received ‘‘(A) IN GENERAL.—Funds made available to ‘‘(C) USE OF FUNDS.— by the Administrator during the preceding a State or local government under the grant ‘‘(i) REVOLVING GRANTS.—For grants made calendar year; programs established under subsections (a) under paragraph (1)(A), the State or local ‘‘(B) the number of applications approved and (b) shall be used only to inventory and government shall use the funds, including re- by the Administrator during the preceding assess brownfield sites as authorized by this payment of the principal and interest, solely calendar year; and title and for capitalizing a revolving loan

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5847 fund or cleanup of a brownfield site as au- ity Act of 1980 (42 U.S.C. 9601 et seq.) (as audit a portion of the grants awarded under thorized by this title, respectively. amended by section 501) is amended by add- section 129 to ensure that all funds are used ‘‘(B) RESPONSIBILITY FOR CLEANUP ACTION.— ing at the end the following: in a manner that is consistent with that sec- Funds made available under this title may ‘‘SEC. 129. SUPPORT FOR STATE VOLUNTARY tion. not be used to relieve a local government or CLEANUP PROGRAMS. ‘‘(2) FUTURE GRANTS.—The result of the State of the commitment or responsibilities ‘‘(a) EPA ASSISTANCE FOR STATES FOR audit shall be taken into account in award- of the local government or State under State STATE VOLUNTARY RESPONSE PROGRAMS.— ing any future grants to the State or local law to assist or carry out cleanup actions at The Administrator shall assist States to es- government under that section.’’. tablish and administer State voluntary re- brownfield sites. TITLE VI—SETTLEMENT INCENTIVES ‘‘(e) REGULATIONS.— sponse programs that provide— ‘‘(1) IN GENERAL.—The Administrator may ‘‘(1) voluntary response actions that ensure SEC. 601. FAIRNESS IN SETTLEMENTS. issue such regulations as are necessary to adequate site assessment and are protective Section 122 of the Comprehensive Environ- carry out this section. of human health and the environment; mental Response, Compensation, and Liabil- ‘‘(2) PROCEDURES AND STANDARDS.—The reg- ‘‘(2) opportunities for technical assistance ity Act of 1980 (42 U.S.C. 9622) is amended by ulations shall include such procedures and (including grants) for voluntary response ac- adding at the end the following: standards as the Administrator considers tions; ‘‘(n) FAIRNESS IN SETTLEMENTS.— necessary, including procedures and stand- ‘‘(3) meaningful opportunities for public ‘‘(1) ASSISTANCE FOR CLEANUP SETTLE- ards for evaluating an application for a grant participation on issues that affect the com- MENTS.—An agreement under subsection (a) or loan submitted under this section. munity, which shall include prior notice and may, in the discretion of the President, pro- ‘‘(f) EFFECT ON OTHER LAWS.—Nothing in opportunity for comment in the selection of vide for payment of sums appropriated under this title affects the liability or response au- response actions and which may include in- section 111(s) to pay a portion of the re- thorities for environmental contamination volvement of State and local health officials sponse costs at a facility in accordance with under any other law (including any regula- during site assessment; section 122(b) where the President deter- tion), including— ‘‘(4) streamlined procedures to ensure expe- mines there are parties that are insolvent, ‘‘(1) this Act; ditious voluntary response actions; defunct, or otherwise have a limited ability ‘‘(2) the Solid Waste Disposal Act (42 U.S.C. ‘‘(5) adequate oversight, enforcement au- to pay, or based on other equitable consider- 6901 et seq.); thorities, resources, and practices to— ations. ‘‘(3) the Federal Water Pollution Control ‘‘(A) ensure that voluntary response ac- ‘‘(2) APPLICATION TOWARD CLEANUP SETTLE- Act (33 U.S.C. 1251 et seq.); tions are protective of human health and the MENT OF SUMS RECOVERED IN OTHER SETTLE- ‘‘(4) the Toxic Substances Control Act (15 environment, as provided in paragraph (1), MENTS.—The President may enter into set- U.S.C. 2601 et seq.); and and are conducted in a timely manner in ac- tlements under paragraphs (3), subpara- ‘‘(5) the Safe Drinking Water Act (42 U.S.C. cordance with a State-approved response ac- graphs (B), (C), (F), and (G) of section 300f et seq.).’’. tion plan; and 122(g)(1), and section 107(t) that include SEC. 502. RESEARCH, DEVELOPMENT, DEM- ‘‘(B) ensure completion of response actions terms providing for the disposition of the ONSTRATION, AND TRAINING. if the person conducting the response action proceeds of the settlements in a manner that (a) RESEARCH, DEVELOPMENT, DEMONSTRA- fails or refuses to complete the necessary re- is fair and reasonable, including, as appro- TION, AND TRAINING.—Section 311 of the Com- sponse activities that are protective of priate, the placement of settlement proceeds prehensive Environmental Response, Com- human health and the environment, includ- in interest-bearing accounts to conduct or pensation, and Liability Act of 1980 (42 ing operation and maintenance or long-term enable other persons to conduct response ac- U.S.C. 9660) is amended by striking sub- monitoring activities; tions at the facility. section (c) and inserting the following: ‘‘(6) mechanisms for the approval of a re- ‘‘(3) ADDITIONAL SETTLEMENTS BASED ON ‘‘(c) HAZARDOUS SUBSTANCE RESEARCH, DE- sponse action plan; and ABILITY TO PAY.—The President shall have VELOPMENT, DEMONSTRATION, AND TRAIN- ‘‘(7) mechanisms for a certification or the authority to evaluate the ability to pay ING.— similar documentation to the person that of any potentially responsible party, and to ‘‘(1) IN GENERAL.—The Administrator may conducted the response action indicating enter into a settlement with the party based conduct and, through grants, cooperative that the response is complete. on that party’s ability to pay.’’. agreements, contracts, and the provision of ‘‘(b) GRANTS FOR DEVELOPMENT AND EN- technical assistance, may support, research, TITLE VII—FUNDING HANCEMENT OF STATE VOLUNTARY RESPONSE development, demonstration, and training SEC. 701. AUTHORIZATION OF APPROPRIATIONS. PROGRAMS AND REPORTING REQUIREMENT.— relating to the detection, assessment, reme- ‘‘(1) GRANTS TO STATES.—The Adminis- Section 111(a) of the Comprehensive Envi- diation, and evaluation of the effects on and trator shall provide grants to States to de- ronmental Response, Compensation, and Li- risks to human health and the environment velop or enhance State voluntary response ability Act of 1980 (42 U.S.C. 9611(a)) is from hazardous substances. programs described in subsection (a). amended in the first sentence by striking ‘‘(2) ELIGIBILITY.—The Administrator may ‘‘(2) PUBLIC RECORD.—To assist the Admin- ‘‘$8,500,000,000 for the 5-year period beginning award grants and cooperative agreements, or istrator in determining the needs of States on the date of enactment of the Superfund contracts or provide technical assistance for assistance under this section, the Admin- Amendments and Reauthorization Act of under this subsection to a State, Indian istrator shall encourage the States to main- 1986, and not more than $5,100,000,000 for the tribe, consortium of Indian tribes, interstate tain a public record of facilities, by name period commencing October 1, 1991, and end- agency, political subdivision of a State, edu- ing September 30, 1994’’ and inserting cational institution, or other agency or orga- and location, that have been or are planned to be addressed under a State voluntary re- ‘‘$7,500,000,000 for the period beginning Octo- nization for the development and implemen- ber 1, 1999, and ending September 30, 2004’’. tation of training, technology transfer, and sponse program. SEC. 702. FUNDING FOR CLEANUP SETTLEMENTS. information dissemination programs to ‘‘(3) REPORTING REQUIREMENT.—Not later Section 111 of the Comprehensive Environ- strengthen environmental response activi- than the end of the first calendar year after mental Response, Compensation, and Liabil- ties, including enforcement, at the Federal, the date of enactment of this section, and ity Act of 1980 (42 U.S.C. 9611) is amended— State, tribal and local levels. annually thereafter, each State that receives financial assistance under this section shall (1) in subsection (a), by inserting after ‘‘(3) REQUIREMENTS.—The Administrator paragraph (6) the following: may establish such requirements for grants submit to the Administrator a report de- ‘‘(7) FUNDING FOR CLEANUP SETTLEMENTS.— and cooperative agreements under this sub- scribing the progress of the voluntary re- Payments toward cleanup settlements under section as the Administrator considers to be sponse program of the State, including infor- subsection (r) and section 122(n)(1).’’; and appropriate.’’. mation, with respect to that calendar year, (2) by adding at the end the following: (b) TRAINING AND TECHNICAL ASSISTANCE.— on— Section 117 of the Comprehensive Environ- ‘‘(A) the number of sites, if any, under- ‘‘(r) MANDATORY FUNDING.— mental Response, Compensation, and Liabil- going voluntary cleanup, including a sepa- ‘‘(1) IN GENERAL.—Subject to paragraph (4), ity Act of 1980 (42 U.S.C. 9617) (as amended by rate description of the number of sites in for the purpose of contributing under section section 203) is amended by adding at the end each stage of voluntary cleanup; 122(n)(1) to a cleanup settlement, there is the following: ‘‘(B) the number of sites, if any, entering made available for obligation from amounts ‘‘(g) FINANCIAL ASSISTANCE FOR TRAINING.— voluntary cleanup; and in the Hazardous Substance Superfund for The Administrator may provide training and ‘‘(C) the number of sites, if any, that re- each of fiscal years 2000 through 2004, technical assistance to individuals and orga- ceived a certification from the State indi- $200,000,000, to remain available until ex- nizations, as appropriate to— cating that a response action is complete.’’. pended ‘‘(1) inventory and conduct assessments SEC. 504. AUDITS. ‘‘(2) EFFECT ON AUTHORITY.—Nothing in and cleanups of brownfield sites; and Section 111 of the Comprehensive Environ- this paragraph affects the authority of the ‘‘(2) conduct response actions under this mental Response, Compensation, and Liabil- Administrator to forego recovery of past Act.’’. ity Act of 1980 (42 U.S.C. 9611) is amended by costs. SEC. 503. STATE VOLUNTARY CLEANUP PRO- adding at the end the following: ‘‘(3) FISCAL YEAR FUNDS.—Except in fiscal GRAMS. ‘‘(q) AUDITS.— year 2000, if the amounts made available Title I of the Comprehensive Environ- ‘‘(1) IN GENERAL.—The Inspector General of under paragraph (1) available for a fiscal mental Response, Compensation, and Liabil- the Environmental Protection Agency shall year have been obligated, up to 1⁄2 of the

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amounts made available under paragraph (1) ity Act of 1980 (42 U.S.C. 9601) (as amended by ‘‘(B) INCLUSIONS.—The term ‘municipality’ for the next fiscal year may be obligated. section 101(c)) is amended by adding at the includes— ‘‘(4) CONDITION ON AVAILABILITY.—An end the following: ‘‘(i) a city, county, village, town, township, amount under paragraph (1) may be made ‘‘(40) BROWNFIELD SITE.—The term borough, parish, school, school district, sani- available for obligation for a fiscal year only ‘brownfield site’ means a facility that has or tation district, water district, or other pub- if the total amount appropriated for the fis- is suspected of having environmental con- lic entity performing local governmental cal year under section 111(a) equals or ex- tamination that— functions; and ceeds $1,500,000,000.’’. ‘‘(A) could prevent the timely use, develop- ‘‘(ii) a natural person acting in the capac- SEC. 703. AGENCY FOR TOXIC SUBSTANCES AND ment, reuse, or redevelopment of the facil- ity of an official, employee, or agent of a po- DISEASE REGISTRY. ity; and litical subdivision of a State or an entity de- Section 111 of the Comprehensive Environ- ‘‘(B) is relatively limited in scope or sever- scribed in clause (i) in the performance of mental Response, Compensation, and Liabil- ity and can be comprehensively assessed and governmental functions. ity Act of 1980 (42 U.S.C. 9611) is amended by readily analyzed. ‘‘(47) OWNER, OPERATOR, OR LESSEE OF RESI- striking subsection (m) and inserting the fol- ‘‘(41) CONTAMINANT.—The term ‘‘contami- DENTIAL PROPERTY.— lowing: nant’’, for purposes of section 128 and para- ‘‘(A) IN GENERAL.—The term ‘owner, oper- ‘‘(m) AGENCY FOR TOXIC SUBSTANCES AND graph (44), includes any hazardous substance. ator, or lessee of residential property’ means DISEASE REGISTRY.—There shall be directly ‘‘(42) GRANT.—The term ‘‘grant’’ includes a a person that— available to the Agency for Toxic Substances cooperative agreement. ‘‘(i) owns, operates, manages, or leases res- and Disease Registry to be used for the pur- ‘‘(43) LOCAL GOVERNMENT.—The term ‘‘local idential property; and pose of carrying out activities described in government’’ has the meaning given the ‘‘(ii) uses or allows the use of the residen- subsection (c)(4) and section 104(i) not less term ‘‘unit of general local government’’ in tial property exclusively for residential pur- than $75,000,000 for each of fiscal years 2000 section 102(a) of the Housing and Community poses. through 2004.’’. Development Act of 1974 (42 U.S.C. 5302(a)), ‘‘(B) RESIDENTIAL PROPERTY.—For the pur- except that the term includes an Indian poses of subparagraph (A) the term ‘residen- SEC. 704. BROWNFIELDS. tribe. Section 111 of the Comprehensive Environ- tial property’ means a single or multifamily ‘‘(44) SITE ASSESSMENT.— residence (including incidental accessory mental Response, Compensation, and Liabil- ‘‘(A) IN GENERAL.—The term ‘‘site assess- ity Act of 1980 (42 U.S.C. 9611) (as amended by land, buildings, or improvements) that is ment’’, for purposes of sections 128 and 129 used exclusively for residential purposes. section 702) is amended by adding at the end and paragraph (35) means an investigation the following: ‘‘(48) SMALL NONPROFIT ORGANIZATION.—The that determines the nature and extent of a term ‘small nonprofit organization’ means ‘‘(s) AUTHORIZATION OF APPROPRIATIONS.— release or potential release of a hazardous an organization that, at the time of dis- ‘‘(1) INVENTORY AND ASSESSMENT PRO- substance at a brownfield site and meets the posal— GRAM.—There is authorized to be appro- requirements of subparagraph (B). ‘‘(A) did not distribute any part of its in- priated to carry out section 128(a) $35,000,000 ‘‘(B) INVESTIGATION.—For the purposes of come or profit to its members, directors, or for each of fiscal years 2000 through 2004. this paragraph, an investigation that meets officers; ‘‘(2) GRANTS FOR CLEANUP.—There is au- the requirements of this subparagraph— ‘‘(B) employed not more than 100 paid indi- thorized to be appropriated to carry out sec- ‘‘(i) shall include— viduals at the chapter, office, or department tion 128(b) $60,000,000 for each of fiscal years ‘‘(I) an onsite evaluation; and disposing of the waste; and 2000 through 2004. ‘‘(II) sufficient testing, sampling, and other ‘‘(C) was an organization described in sec- ‘‘(3) VOLUNTARY RESPONSE PROGRAMS.— field-data-gathering activities to accurately tion 501(c) of the Internal Revenue Code of There is authorized to be appropriated for as- determine whether the brownfield site is 1986 that is exempt from taxation under sec- sistance to States for voluntary response contaminated and the threats to human tion 501(a) of the Internal Revenue Code of programs under section 129(b) $15,000,000 for health and the environment posed by the re- each of the first 5 fiscal years beginning lease of contaminants at the brownfield site; 1986. after the date of enactment of this section. and ‘‘(49) AFFILIATE; AFFILIATED.—The terms ‘affiliate’ and ‘affiliated’ have the meanings ‘‘(4) AVAILABILITY OF FUNDS.—The amounts ‘‘(ii) may include— appropriated under this subsection shall re- ‘‘(I) review of such information regarding that those terms have in section 121.103 of main available until expended.’’. the brownfield site and previous uses as is title 13, Code of Federal Regulations (or any successor regulation). SEC. 705. AUTHORIZATION OF APPROPRIATIONS available at the time of the review; and ‘‘(50) MUNICIPAL SEWAGE SLUDGE.—The FROM GENERAL REVENUES. ‘‘(II) an offsite evaluation, if appropriate. term ‘municipal sewage sludge’ means solid, Section 111(p) of the Comprehensive Envi- ‘‘(45) MUNICIPAL SOLID WASTE.— semisolid, or liquid residue removed during ronmental Response, Compensation, and Li- ‘‘(A) IN GENERAL.—The term ‘municipal the treatment of municipal wastewater, do- ability Act of 1980 (42 U.S.C. 9611(p)) is solid waste’ means— mestic sewage, or other wastewater at or by amended by striking paragraph (1) and in- ‘‘(i) waste material generated by a house- publicly owned or federally owned treatment serting the following: hold (including a single or multifamily resi- works.’’. ‘‘(1) IN GENERAL.— dence); and ‘‘(A) AUTHORIZATION.—There are authorized ‘‘(ii) waste material generated by a com- S. 1105—SUMMARY mercial, institutional, or industrial source, to be appropriated, out of any money in the 1. BROWNFIELDS LIABILITY RELIEF Treasury not otherwise appropriated, to the to the extent that the waste material— Finality for Buyers (limitation on liability Hazardous Substance Superfund, $250,000,000 ‘‘(I) is essentially the same as waste nor- for prospective purchasers). for each of fiscal years 2000 through 2004. mally generated by a household; or ‘‘(B) APPROPRIATION IN SUBSEQUENT ‘‘(II) is collected and disposed of with other Finality for Owners and Sellers (liability YEARS.—In addition to funds appropriated municipal solid waste or municipal sewage relief for innocent landowners and contig- under subparagraph (A), there is authorized sludge as part of normal municipal solid uous property owners). to be appropriated to the Hazardous Sub- waste collection services, and, with respect 2. BROWNFIELDS FUNDING stance Superfund for each fiscal year de- to each source from which the waste mate- rial is collected, qualifies for a de micromis Grants to municipalities, states and tribes scribed in subparagraph (A) an amount equal to assess conditions at brownfields sites. to so much of the aggregate amount author- exemption under section 107(r). Grants to municipalities, states and tribes ized to be appropriated under subparagraph ‘‘(B) EXAMPLES.—Examples of municipal to capitalize revolving loan funds for cleanup (A) as has not been appropriated for any pre- solid waste under subparagraph (A) include of brownfields sites. vious fiscal year.’’. food and yard waste, paper, clothing, appli- ances, consumer product packaging, dispos- Grants to states to develop and enhance SEC. 706. WORKER TRAINING AND EDUCATION state voluntary cleanup programs. GRANTS. able diapers, office supplies, cosmetics, glass Section 111(c)(12) of the Comprehensive En- and metal food containers, elementary or 3. SMALL BUSINESS LIABILITY RELIEF secondary school science laboratory waste, vironmental Response, Compensation, and Liability exemptions: and household hazardous waste. Liability Act of 1980 (42 U.S.C. 9611(c)(12)) is De micromis (generators and transporters amended— ‘‘(C) EXCLUSIONS.—The term ‘municipal solid waste’ does not include— that send less than 110 gallons of liquid ma- (1) by striking ‘‘$10,000,000’’ and inserting terial or less than 200 pounds of solid mate- ‘‘$40,000,000’’; and ‘‘(i) combustion ash generated by resource recovery facilities or municipal incinerators; rial, or different amount determined by the (2) by striking ‘‘each of fiscal years 1987,’’ Administrator on a site-specific basis). and all that follows through ‘‘1994’’ and in- or ‘‘(ii) waste material from manufacturing Generators and transporters of municipal serting ‘‘each of fiscal years 2000 through solid waste who are small businesses, resi- 2004’’. or processing (including pollution control) operations that is not essentially the same dential homeowners or small non-profits. TITLE VIII—DEFINITIONS as waste normally generated by households. Expedited settlement: SEC. 801. DEFINITIONS. ‘‘(46) MUNICIPALITY.— De Minimis (presumed to be 1% or less of Section 101 of the Comprehensive Environ- ‘‘(A) IN GENERAL.—The term ‘municipality’ waste at site). mental Response, Compensation, and Liabil- means a political subdivision of a State. Limited ability to pay.

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5849 4. CLARIFICATION OF LIABILITY FOR RECYCLING vention and treatment are key. The (B) Osteoporosis is responsible for 1.5 mil- TRANSACTIONS Early Detection and Prevention of lion bone fractures annually, including more Exemption for generators and transporters Osteoporosis and Related Bone Dis- than 300,000 hip fractures, 700,000 vertebral of recyclable material, as provided in the eases Act of 1999 seeks to combat fractures and 200,000 fractures of the wrists. (C) Half of all women, and one-eighth of all Lott/Daschle bill in the 105th, and endorsed osteoporosis, and related bone diseases buy ISRI, environmental groups, the Admin- men, age 50 or older will have a bone fracture istration and others. like Paget’s disease by requiring pri- due to osteoporosis. vate health plans to cover bone mass 5. RELIEF FOR GENERATORS AND TRANSPORTERS (D) Between 3 and 4 million Americans OF MUNICIPAL WASTE AND FOR MUNICIPAL measurement tests for qualified indi- have Paget’s disease, osteogenesis OWNERS OF LANDFILLS viduals who are at risk for developing imperfecta, hyperparathyroidism, and other Cap on liability of generators and trans- osteoporosis. related metabolic bone diseases. porters of municipal solid waste and sewage Bone mass measurement is the only (3) IMPACT OF OSTEOPOROSIS.—The cost of sludge, and of municipalities that own or op- reliable method of detecting treating osteoporosis is significant: erate municipal landfills on the NPL, per osteoporosis in its early stages. The (A) The annual cost of osteoporosis in the EPA 1998 policy that was negotiated with test is non-invasive and painless and is United States is $13.8 billion and is expected and has the support of several municipal rep- to increase precipitously because the propor- as predictive of future fractures as high tion of the population comprised of older resentatives (including National Association cholesterol or high blood pressure is of of Counties, National League of Cities): expe- persons is expanding and each generation of dited settlement based on dollar per ton lim- heart disease or stroke. This provision older persons tends to have a higher inci- its, for generators and transporters; percent- is similar to a provision in the Bal- dence of osteoporosis than preceding genera- age of total costs cap for owners and opera- anced Budget Act of 1997 that requires tions. tors. Medicare coverage of bone mass meas- (B) The average cost in the United States 6. FUNDING urements. of repairing a hip fracture due to osteoporosis is $32,000. Authorization levels consistent with re- Medical experts agree that (C) Fractures due to osteoporosis fre- cent years and, consistent with past, major- osteoporosis is preventable. Thus, if quently result in disability and institu- ity of funding from the Superfund trust fund, the toll of osteoporosis and other re- tionalization of individuals. with $250 million from general revenues. lated bone diseases is to be reduced, (D) Because osteoporosis is a progressive EPA continue to provide orphan funding as the commitment to prevention and condition causing fractures primarily in incentive for parties to enter into cleanup aging individuals, preventing fractures, par- settlements. treatment must be significantly in- creased. ticularly for post menopausal women before By Mr. TORRICELLI (for himself Last year, Congress reauthorized the they become eligible for medicare, has a sig- nificant potential of reducing osteoporosis- and Ms. SNOWE): Women’s Health Research and Preven- related costs under the medicare program. S. 1106. A bill to amend the Public tion Act. This legislation authorized $3 (4) USE OF BONE MASS MEASUREMENT.— Health Service Act and Employee Re- million for a national resource center (A) Bone mass measurement is the only re- tirement Income Security Act of 1974 to increase public knowledge and liable method of detecting osteoporosis at an to require that group and individual awareness of osteoporosis, and $40 mil- early stage. health insurance coverage and group lion for osteoporosis research at the (B) Low bone mass is as predictive of fu- health plans provide coverage for National Institutes of Health (NIH). ture fractures as is high cholesterol or high qualified individuals for bone mass This was an important first step in the blood pressure of heart disease or stroke. measurement (bone density testing) to fight against osteoporosis. Congress (C) Bone mass measurement is a non- must now maintain its commitment to invasive, painless, and reliable way to diag- prevent fractures associated with nose osteoporosis before costly fractures osteoporosis; to the Committee on prevention by ensuring women have ac- occur. Health, Education, Labor, and Pen- cess to bone mass measurement tests. (D) Under section 4106 of the Balanced sions. Mr. President, I ask unanimous con- Budget Act of 1997, Medicare provides cov- EARLY DETECTION AND PREVENTION OF sent that the text of the bill be printed erage, effective July 1, 1999, for bone mass OSTEOPOROSIS AND RELATED BONE DISEASES in the RECORD. measurement for qualified individuals who ACT OF 1999 There being no objection, the bill was are at risk of developing osteoporosis. Mr. TORRICELLI. Mr. President, I ordered to be printed in the RECORD, as (5) RESEARCH ON OSTEOPOROSIS AND RE- rise today to introduce the Early De- follows: LATED BONE DISEASES.— tection and Prevention of Osteoporosis (A) Technology now exists, and new tech- S. 1106 nology is developing, that will permit the and Related Bone Diseases Act of 1999 Be it enacted by the Senate and House of Rep- early diagnosis and prevention of along with my colleague from Maine, resentatives of the United States of America in osteoporosis and related bone diseases as Senator SNOWE. Congress assembled, well as management of these conditions once Osteoporosis and other related bone SECTION 1. SHORT TITLE; FINDINGS. they develop. diseases pose a major public health (a) SHORT TITLE.—This Act may be cited as (B) Funding for research on osteoporosis threat. More than 28 million Ameri- the ‘‘Early Detection and Prevention of and related bone diseases is severely con- cans, 80 percent of whom are women, Osteoporosis and Related Bone Diseases Act strained at key research institutes, includ- suffer from, or are at risk for, of 1999’’. ing the National Institute of Arthritis and (b) FINDINGS.—Congress makes the fol- Musculoskeletal and Skin Diseases, the Na- osteoporosis. Between three and four lowing findings: tional Institute on Aging, the National Insti- million Americans suffer from related (1) NATURE OF OSTEOPOROSIS.— tute of Diabetics and Digestive and Kidney bone diseases like Paget’s disease or (A) Osteoporosis is a disease characterized Diseases, the National Institute of Dental osteogenesis imperfecta. Today, in the by low bone mass and structural deteriora- Research, and the National Institute of Child United States, 10 million individuals tion of bone tissue leading to bone fragility Health and Human Development. already have osteoporosis and 18 mil- and increased susceptibility to fractures of (C) Further research is needed to improve lion more have low bone mass, placing the hip, spine, and wrist. medical knowledge concerning— them at increased risk. (B) Osteoporosis has no symptoms and (i) cellular mechanisms related to the Osteoporosis is often called the ‘‘si- typically remains undiagnosed until a frac- processes of bone resorption and bone forma- ture occurs. tion, and the effect of different agents on lent disease’’ because bone loss occurs (C) Once a fracture occurs, the condition bone remodeling; without symptoms. People often do not has usually advanced to the stage where the (ii) risk factors for osteoporosis, including know they have osteoporosis until likelihood is high that another fracture will newly discovered risk factors, risk factors their bones become so weak that a sud- occur. related to groups not ordinarily studied den bump or fall causes a fracture or a (D) There is no cure for osteoporosis, but (such as men and minorities), risk factors re- vertebra to collapse. Every year, there drug therapy has been shown to reduce new lated to genes that help to control skeletal are 1.5 million bone fractures caused by hip and spine fractures by 50 percent and metabolism, and risk factors relating to the osteoporosis. Half of all women, and other treatments, such as nutrition therapy, relationship of aging processes to the devel- have also proven effective. opment of osteoporosis; one-eighth of all men, age 50 or older, (2) INCIDENCE OF OSTEOPOROSIS AND RE- (iii) bone mass measurement technology, will suffer a bone fracture due to LATED BONE DISEASES.— including more widespread and cost-effective osteoporosis. (A) 28 million Americans have (or are at techniques for making more precise meas- Osteoporosis is a progressive condi- risk for) osteoporosis, 80 percent of which are urements and for interpreting measure- tion that has no known cure; thus, pre- women. ments;

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(iv) calcium (including bioavailability, in- ‘‘(2) LIMITATION.—Deductibles, coinsur- istration performed on an individual for the take requirements, and the role of calcium ance, and other cost-sharing or other limita- purpose of identifying bone mass or detect- in building heavier and denser skeletons), tions for bone mass measurement may not be ing bone loss or determining bone quality, and vitamin D and its role as an essential vi- imposed under paragraph (1) to the extent and includes a physician’s interpretation of tamin in adults; they exceed the deductibles, coinsurance, the results of the procedure. Nothing in this (v) prevention and treatment, including and limitations that are applied to similar paragraph shall be construed as requiring a the efficacy of current therapies, alternative services under the group health plan or bone mass measurement to be conducted in a drug therapies for prevention and treatment, health insurance coverage. particular type of facility or to prevent such and the role of exercise; and ‘‘(e) PROHIBITIONS.—A group health plan, a measurement from being conducted (vi) rehabilitation. and a health insurance issuer offering group through the use of mobile facilities that are (D) Further educational efforts are needed health insurance coverage in connection otherwise qualified. to increase public and professional knowl- with a group health plan, may not— ‘‘(2) QUALIFIED INDIVIDUAL.—The term edge of the causes of, methods for avoiding, ‘‘(1) deny to an individual eligibility, or ‘qualified individual’ means an individual and treatment of osteoporosis. continued eligibility, to enroll or to renew who— SEC. 2. REQUIRING COVERAGE OF BONE MASS coverage under the terms of the plan, solely ‘‘(A) is an estrogen-deficient woman at MEASUREMENT UNDER HEALTH for the purpose of avoiding the requirements clinical risk for osteoporosis; PLANS. of this section; ‘‘(B) has vertebral abnormalities; (a) GROUP HEALTH PLANS.— ‘‘(2) provide incentives (monetary or other- ‘‘(C) is receiving chemotherapy or long- (1) PUBLIC HEALTH SERVICE ACT AMEND- wise) to individuals to encourage such indi- term gluococorticoid (steroid) therapy; MENTS.— viduals not to be provided bone mass meas- ‘‘(D) has primary hyperparathyroidism, hy- (A) IN GENERAL.—Subpart 2 of part A of urements to which they are entitled under perthyroidism, or excess thyroid replace- title XXVII of the Public Health Service Act this section or to providers to induce such ment; (42 U.S.C. 300gg-4) is amended by adding at providers not to provide such measurements ‘‘(E) is being monitored to assess the re- the end the following new section: to qualified individuals; sponse to or efficacy of approved ‘‘SEC. 2707. STANDARDS RELATING TO BENEFITS ‘‘(3) prohibit a provider from discussing osteoporosis drug therapy; FOR BONE MASS MEASUREMENT. with a patient osteoporosis preventive tech- ‘‘(F) is a man with a low trauma fracture; ‘‘(a) REQUIREMENTS FOR COVERAGE OF BONE niques or medical treatment options relating or MASS MEASUREMENT.—A group health plan, to this section; or ‘‘(G) the Secretary determines is eligible. and a health insurance issuer offering group ‘‘(4) penalize or otherwise reduce or limit ‘‘(c) LIMITATION ON FREQUENCY REQUIRED.— health insurance coverage, shall include the reimbursement of a provider because The standards established under section (consistent with this section) coverage for such provider provided bone mass measure- 2707(c) of the Public Health Service Act shall bone mass measurement for beneficiaries ments to a qualified individual in accordance apply to benefits provided under this section and participants who are qualified individ- with this section. in the same manner as they apply to benefits uals. ‘‘(f) RULE OF CONSTRUCTION.—Nothing in provided under section 2707 of such Act. ‘‘(b) DEFINITIONS RELATING TO COVERAGE.— this section shall be construed to require an In this section: ‘‘(d) RESTRICTIONS ON COST-SHARING.— individual who is a participant or bene- ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(1) BONE MASS MEASUREMENT.—The term ficiary to undergo bone mass measurement. nothing in this section shall be construed as ‘bone mass measurement’ means a radiologic ‘‘(g) NOTICE.—A group health plan under preventing a group health plan or issuer or radioisotopic procedure or other proce- this part shall comply with the notice re- from imposing deductibles, coinsurance, or dure approved by the Food and Drug Admin- quirement under section 714(g) of the Em- other cost-sharing in relation to bone mass istration performed on an individual for the ployee Retirement Income Security Act of measurement under the plan (or health in- purpose of identifying bone mass or detect- 1974 with respect to the requirements of this surance coverage offered in connection with ing bone loss or determining bone quality, section as if such section applied to such a plan). and includes a physician’s interpretation of plan. ‘‘(2) LIMITATION.—Deductibles, coinsur- the results of the procedure. Nothing in this ‘‘(h) LEVEL AND TYPE OF REIMBURSE- ance, and other cost-sharing or other limita- paragraph shall be construed as requiring a MENTS.—Nothing in this section shall be con- bone mass measurement to be conducted in a strued to prevent a group health plan or a tions for bone mass measurement may not be particular type of facility or to prevent such health insurance issuer offering group health imposed under paragraph (1) to the extent a measurement from being conducted insurance coverage from negotiating the they exceed the deductibles, coinsurance, through the use of mobile facilities that are level and type of reimbursement with a pro- and limitations that are applied to similar otherwise qualified. vider for care provided in accordance with services under the group health plan or health insurance coverage. ‘‘(2) QUALIFIED INDIVIDUAL.—The term this section. ‘qualified individual’ means an individual ‘‘(i) PREEMPTION.— ‘‘(e) PROHIBITIONS.—A group health plan, who— ‘‘(1) IN GENERAL.—The provisions of this and a health insurance issuer offering group ‘‘(A) is an estrogen-deficient woman at section do not preempt State law relating to health insurance coverage in connection clinical risk for osteoporosis; health insurance coverage to the extent such with a group health plan, may not— ‘‘(B) has vertebral abnormalities; State law provides greater benefits with re- ‘‘(1) deny to an individual eligibility, or ‘‘(C) is receiving chemotherapy or long- spect to osteoporosis detection or preven- continued eligibility, to enroll or to renew term gluococorticoid (steroid) therapy; tion. coverage under the terms of the plan, solely ‘‘(D) has primary hyperparathyroidism, hy- ‘‘(2) CONSTRUCTION.—Section 2723(a)(1) shall for the purpose of avoiding the requirements perthyroidism, or excess thyroid replace- not be construed as superseding a State law of this section; ment; described in paragraph (1).’’. ‘‘(2) provide incentives (monetary or other- ‘‘(E) is being monitored to assess the re- (B) CONFORMING AMENDMENT.—Section wise) to individuals to encourage such indi- sponse to or efficacy of approved 2723(c) of such Act (42 U.S.C. 300gg–23(c)) is viduals not to be provided bone mass meas- osteoporosis drug therapy; amended by striking ‘‘section 2704’’ and in- urements to which they are entitled under ‘‘(F) is a man with a low trauma fracture; serting ‘‘sections 2704 and 2707’’. this section or to providers to induce such or (2) ERISA AMENDMENTS.— providers not to provide such measurements ‘‘(G) the Secretary determines is eligible. (A) IN GENERAL.—Subpart B of part 7 of to qualified individuals; ‘‘(c) LIMITATION ON FREQUENCY REQUIRED.— subtitle B of title I of the Employee Retire- ‘‘(3) prohibit a provider from discussing Taking into account the standards estab- ment Income Security Act of 1974 (29 U.S.C. with a patient osteoporosis preventive tech- lished under section 1861(rr)(3) of the Social 1185 et seq.) is amended by adding at the end niques or medical treatment options relating Security Act, the Secretary shall establish the following new section: to this section; or standards regarding the frequency with ‘‘SEC. 714. STANDARDS RELATING TO BENEFITS ‘‘(4) penalize or otherwise reduce or limit which a qualified individual shall be eligible FOR BONE MASS MEASUREMENT. the reimbursement of a provider because to be provided benefits for bone mass meas- ‘‘(a) REQUIREMENTS FOR COVERAGE OF BONE such provider provided bone mass measure- urement under this section. The Secretary MASS MEASUREMENT.—A group health plan, ments to a qualified individual in accordance may vary such standards based on the clin- and a health insurance issuer offering group with this section. ical and risk-related characteristics of quali- health insurance coverage, shall include ‘‘(f) RULE OF CONSTRUCTION.—Nothing in fied individuals. (consistent with this section) coverage for this section shall be construed to require an ‘‘(d) RESTRICTIONS ON COST-SHARING.— bone mass measurement for beneficiaries individual who is a participant or bene- ‘‘(1) IN GENERAL.—Subject to paragraph (2), and participants who are qualified individ- ficiary to undergo bone mass measurement. nothing in this section shall be construed as uals. ‘‘(g) NOTICE UNDER GROUP HEALTH PLAN.— preventing a group health plan or issuer ‘‘(b) DEFINITIONS RELATING TO COVERAGE.— The imposition of the requirements of this from imposing deductibles, coinsurance, or In this section: section shall be treated as a material modi- other cost-sharing in relation to bone mass ‘‘(1) BONE MASS MEASUREMENT.—The term fication in the terms of the plan described in measurement under the plan (or health in- ‘bone mass measurement’ means a radiologic section 102(a)(1), for purposes of assuring no- surance coverage offered in connection with or radioisotopic procedure or other proce- tice of such requirements under the plan; ex- a plan). dure approved by the Food and Drug Admin- cept that the summary description required

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5851 to be provided under the last sentence of sec- CONSTITUTIONAL AND EFFECTIVE REFORM OF true reform without placing limits on tion 104(b)(1) with respect to such modifica- CAMPAIGNS ACT OF 1999 the corporate and union donations to tion shall be provided by not later than 60 Mr. WARNER. Mr. President, today I the national political parties. This bill days after the first day of the first plan year introduce the Constitutional and Effec- in which such requirements apply. places a $100,000 cap on such donations. ‘‘(h) PREEMPTION.— tive Reform of Campaigns Act, or While this provision addresses the ‘‘(1) IN GENERAL.—The provisions of this ‘‘CERCA’’, which I first introduced dur- public’s legitimate concern over the section do not preempt State law relating to ing the 105th Congress. This legislation propriety of these large donations, it health insurance coverage to the extent such is the product of two years of hearings allows the political parties sufficient State law provides greater benefits with re- during my Chairmanship of the Rules funds to maintain their headquarters spect to osteoporosis detection or preven- Committee, discussions with numerous and conduct their grassroots efforts. In tion. experts, party officials, and candidates, ‘‘(2) CONSTRUCTION.—Section 731(a)(1) shall addition, the current limits on ‘‘hard’’ not be construed as superseding a State law and nearly two decades of participating contributions must be updated. The described in paragraph (1).’’. in campaigns and campaign finance de- ability of citizens to contribute volun- (B) CONFORMING AMENDMENTS.— bates in the Senate. Many of the pro- tarily to a wide range of candidates (i) Section 731(c) of such Act (29 U.S.C. posals in this bill have been made in and to their parties is fundamental. 1191(c)), as amended by section 603(b)(1) of some form by several of my Senate col- At the same time, the practice of Public Law 104–204, is amended by striking leagues and by Members of the House, mandatory union dues going to par- ‘‘section 711’’ and inserting ‘‘sections 711 and and I readily acknowledge drawing on tisan politics without union members’ 714’’. (ii) Section 732(a) of such Act (29 U.S.C. their expertise. The important discus- consent must end: it is counter to all 1191a(a)), as amended by section 603(b)(2) of sions last Congress during the meet- the political freedoms that make Public Law 104–204, is amended by striking ings of a task force headed by Senator America a true democracy. The con- ‘‘section 711’’ and inserting ‘‘sections 711 and NICKLES, at the request of Majority cept of ‘‘paycheck protection’’ must be 714’’. Leader LOTT, were invaluable. included in any campaign finance re- (iii) The table of contents in section 1 of This legislation offers an opportunity form, so that these deductions are vol- such Act is amended by inserting after the for bipartisan support. It is a good untary, whether these dues fund direct item relating to section 713 the following faith effort to strike middle ground be- new item: contributions to candidates or parties, tween those who believe public financ- ‘‘Sec. 714. Standards relating to benefits for or pay for undisclosed spending on bone mass measurement. ing of campaigns is the solution, and phone banks, get-out-the-vote efforts, those who believe the solution is to re- (b) INDIVIDUAL HEALTH INSURANCE.— literature, and television ads. (1) IN GENERAL.—Part B of title XXVII of move current regulations. It offers a Under this legislation, unions would the Public Health Service Act is amended by package of proposals which realisti- be required to obtain advance, written inserting after section 2752 (42 U.S.C. 300gg- cally can be achieved with bipartisan consent before deducting money for po- 52) the following new section: support and meet the desire of the ma- litical activities from union members’ ‘‘SEC. 27530. STANDARDS RELATING TO BENEFITS jority of Americans who believe that paychecks. The present state of the law FOR BONE MASS MEASUREMENT. our present system can be reformed. In requires most union workers to give up ‘‘(a) IN GENERAL.—The provisions of sec- my judgment, we will not succeed with tion 2707 (other than subsection (g)) shall their rights to participate in the union apply to health insurance coverage offered any measure of campaign reform in if they seek refunds of that portion of by a health insurance issuer in the indi- this complicated field without a bipar- dues going to politics. In addition, this vidual market in the same manner as it ap- tisan consensus. section would strengthen the reporting plies to health insurance coverage offered by In drafting this legislation, I began requirements for unions engaged in po- a health insurance issuer in connection with with four premises. First, all provi- litical activities and enhance an ag- a group health plan in the small or large sions had to be consistent with the grieved union member’s right to chal- group market. First Amendment: Congress would be ‘‘(b) NOTICE.—A health insurance issuer lenge a union’s determination of the under this part shall comply with the notice acting in bad faith to adopt provisions portion of dues going to political ac- requirement under section 714(g) of the Em- which have a likelihood of being struck tivities. ployee Retirement Income Security Act of down by the federal courts. Second, I In the Senate debates thus far, there 1974 with respect to the requirements re- oppose public financing and mandating has been much discussion about wheth- ferred to in subsection (a) as if such section ‘‘free’’ or reduced-cost media time er corporations should be required to applied to such issuer and such issuer were a which in my mind is neither free nor a group health plan. obtain shareholder approval to make ‘‘(c) PREEMPTION.— good policy idea. Why should seekers of political contributions. This is an issue ‘‘(1) IN GENERAL.—The provisions of this federal office get free time, while can- which warrants consideration. My pro- section do not preempt State law relating to didates for state office or local office— posal not only limits these corporate health insurance coverage to the extent such from governors to local sheriffs—do not and union contributions to $100,000, it State law provides greater benefits with re- receive comparable free benefits? Such also includes a requirement that com- spect to osteoporosis detection or preven- an inequity and imbalance will breed panies disclose their donations to fed- tion. friction between federal and state of- eral political parties in their annual re- ‘‘(2) CONSTRUCTION.—Section 2762(a) shall not be construed as superseding a State law fice seekers. Third, I believe we should ports. And under current policies of the described in paragraph (1).’’. try to increase the role of citizens and Securities and Exchange Commission, (2) CONFORMING AMENDMENTS.—Section the political parties. Fourth, any shareholders have the same rights to 2762(b)(2) of such Act (42 U.S.C. 300gg– framework of campaign reform legisla- make recommendations to boards of di- 62(b)(2)), as added by section 605(b)(3)(B) of tion must respect and protect the con- rectors on the propriety of political do- Public Law 104–204, is amended by striking stitutional right of individuals, groups, nations as they do on any business ‘‘section 2751’’ and inserting ‘‘sections 2751 and organizations to participate in ad- issue related to the company. and 2753’’. vocacy concerning political issues. In addition, the SEC is in the process (c) EFFECTIVE DATES.— (1) GROUP HEALTH PLANS.—The amend- This bill is designed to be a ‘‘bilat- of making it easier for shareholders to ments made by subsection (a) shall apply eral disarmament’’ on the tough issues raise questions related to social policy with respect to group health plans for plan of soft money and union dues: each side matters at annual meetings. I am mon- years beginning on or after January 1, 2000. must give up equivalent ground. The itoring how these changes are imple- (2) INDIVIDUAL MARKET.—The amendments Republicans should give ground by mented: if they are insufficient to made by subsection (b) shall apply with re- placing a cap on soft money which has guarantee adequate rights to share- spect to health insurance coverage offered, tended to favor our side. And Demo- holders, I will consider amending my sold, issued, renewed, in effect, or operated crats should give ground by allowing bill to protect these rights. in the individual market on or after such date. union members to decide voluntarily As an aside, I reject the notion that for themselves whether to contribute the status of union members is similar By Mr. WARNER: the portion of dues which goes to polit- to those who belong to groups such as S. 1107. A bill to reform the conduct ical contributions or activities. the National Rifle Association or the of Federal elections; to the Committee Specifically, on the issue of soft Sierra Club. Nobody is compelled to on Rules and Administration. money, no reform can be considered join these types of organizations, and

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5852 CONGRESSIONAL RECORD — SENATE May 24, 1999 those that do, know or should know tributions by those ineligible to vote, Solutions: The investigations of con- that their dues are going in part to po- including non-citizens, children, and tested elections in Louisiana and Cali- litical causes. persons under felony convictions. It fornia have shown significant weak- Furthermore, I considered including also codifies current regulations con- nesses in federal laws designed to safe- in this bill a narrowly-tailored disclo- cerning political donations by domes- guard the registration and voting proc- sure requirement for individuals and tic subsidiaries of foreign companies. esses. The requirement that states groups spending large sums on public Problem 4: Compared to incumbents, allow registration by mail has under- advertising affecting the public image challengers face greater difficulties mined confidence that only qualified of candidates during election seasons. raising funds and communicating with voters are registering to vote and only However, in keeping with my first voters, particularly at the outset of a registering once: states should be al- basic premise that reforms must pass campaign. lowed to decide whether to allow mail- the federal court test of constitu- Solutions: This legislation will allow in registrations. In addition, states tionality, I concluded that such a pro- candidates to receive ‘‘seed money’’ should be allowed to require proof of vision, in view of a long line of Su- contributions of up to $10,000 from indi- citizenship when registering and proof preme Court cases, likely would be de- viduals and political action commit- of identification when voting: we re- clared unconstitutional, and thus I did tees. This provision should help get quire a photo ID to buy beer or ciga- not include the provision. candidacies off the ground. The total rettes and can certainly allow states to The McCain-FEINGOLD bill was thor- amount of these ‘‘seed money’’ con- protect the voting process by requiring oughly debated in the Senate, and any tributions could not exceed $100,000 for a photo ID. objective observer of the Senate would House candidates or $300,000 for Senate Lastly, this bill would allow states to agree that we are genuinely dead- candidates. To meet the constitutional purge inactive voters and to allow locked. This body needs to move be- test, this provision would apply to both state law to govern whether voters who yond the debate of McCain-Feingold. I challengers and incumbents alike, but move without reregistering should be hope that all Members will review my in the case of an incumbent with allowed to vote. bill as an objective and pragmatic ap- money carried over from a prior cycle, These are the problems which I be- proach to current problems with our those funds would count against the lieve can be solved in a bipartisan fash- campaign system. I encourage other seed money limit. ion. Attached to this statement is a Second, Senate incumbents would be Members to come forward, as I have, section by section review of the legisla- barred from using the franking privi- with proposals which objectively rep- tion. I look forward to working with lege to send out mass mailings during resent pragmatic approaches to what my colleagues to enact meaningful the election year, rather than the sixty can be achieved. I do not claim to have campaign reform, by looking at reform day ban in current law. the only solution: those with other Problem 5: Candidates with personal beyond the usual sound bites and ad- ideas should come forward. wealth have a distinct advantage dressing the real problems with our In addition to the issues of soft through their constitutional right to present campaign system. money and union dues discussed above, spend their own funds. Mr. President, I ask unanimous con- nine other fundamental problems—all Solution: If a candidate spends more sent that the text of the bill summary of which can be solved in a constitu- than $25,000 of his or her own money, be printed in the RECORD. tional manner—are the most pressing. the individual contribution limits There being no objection, the mate- Here are these problems, in no par- would be raised to $10,000 so that can- rial was ordered to be printed in the ticular order, and my proposed solu- didates could raise money to counter RECORD, as follows: tions: that personal spending. Again, to meet CONSTITUTIONAL AND EFFECTIVE REFORM OF Problem 1: Politicians spend too constitutional review, this provision CAMPAIGNS ACT—SECTION-BY-SECTION much time fundraising, at the expense would apply to all candidates. TITLE I—ENHANCEMENT OF CITIZEN of their legislative duties for incum- Problem 6: Current laws prohibiting INVOLVEMENT bents, and, for both incumbents and fundraising activities on federal prop- Section 101: Prohibits those ineligible to challengers, at the expense of debating erty are weak and insufficient. vote (non-citizens, minors, felons) from mak- the issues with voters. Solution: The current ban on fund- ing contributions (‘hard money’) or dona- Solution: The current individual con- raising on federal property was written tions (‘soft money’). Also bans foreign aliens making independent expenditures and codi- tribution limit of $1,000 has not been before the law created such terms as raised, or even indexed for inflation, fies FEC regulations on foreign control of do- ‘‘hard’’ and ‘‘soft’’ money. This bill up- mestic donations. for over 20 years. This fact requires dates this law to require that no fund- Section 102: Updates maximum individual that candidates must spend more and raising take place on federal property. contribution limit to $2000 per election (pri- more time seeking more and more do- Problem 7: Reporting requirements mary and general) and indexes both indi- nors. The limit should be doubled, as and public access to disclosure state- vidual and PAC limits in the future. well as indexed for inflation. ments are weak and inadequate. Section 103: Provides a tax credit up to $100 Problem 2: The influence of voters on Solutions: Under this proposal, the for contributions to in-state candidates for campaigns has been diminished by the FEC would be required to post reports Senate and House for incomes up to $60,000 ($200 for joint filers up to $120,000). activities of political action commit- on the Internet for all to see, and to re- TITLE II—LEVELING THE PLAYING FIELD FOR tees and interest groups. quire that candidates, and groups mak- CANDIDATES Solutions: I propose a $100 tax credit ing independent expenditures, make for contributions made by citizens, Section 201: Seed money provision: Senate faster and more complete reports. In candidates may collect $300,000 and House with incomes under specified levels, to addition, registered lobbyists would be candidates $100,000 (minus any funds carried Senate and House candidates in their required to report their campaign con- over from a prior cycle) in contributions up states: this credit should spark an in- tributions and those of their employer to $10,000 from individuals and PAC’s. flux of small dollar contributions to on their lobbyist disclosure reports. Section 202: ‘Anti-millionaires’ provision: balance the greater ability of citizens Problem 8: The Federal Election when one candidate spends over $25,000 of with higher incomes to participate. Commission is in need of procedural personal funds, a candidate may accept con- In addition, the increased individual and substantive reform. tributions up to $10,000 from individuals and contribution limit should balance the Solutions: This legislation contains a PAC’s up to the amount of personal spending activities of political action commit- number of procedural and substantive minus a candidate’s funds carried over from a prior cycle and own use of personal funds. tees. reforms of the FEC, including term Section 203: Bans use of Senate frank for Problem 3: The influence of voters on limits for commissioners, and increases mass mailings from January 1 to election campaigns has been diminished by con- in penalties for serious violations. day for incumbents seeking reelection. tributions from those not eligible to Problem 9: The safeguards designed TITLE III—VOLUNTARINESS OF POLITICAL vote. to protect the integrity of our elec- CONTRIBUTIONS Solution: If you are not eligible to tions are compromised by weak aspects Section 301: Union dues provision: Labor vote, you should not contribute to of federal laws regulating voter reg- organizations must obtain prior, written au- campaigns. My bill would prohibit con- istration and voting. thorization for portion of dues or fees not to

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5853 be used for representation: Establishes civil Section 705: Repeals requirement that The legislation improves the man- action for aggrieved employee. Requires em- states allow people to change their registra- agement and oversight of the crop in- ployers to post notice of rights. Amends re- tion at the polls and still vote. surance program by establishing the porting statute to require better disclosure Farm Service Agency as the sole agen- of expenses unrelated to representation. By Mr. COCHRAN (for himself, cy for acreage and yield record keeping Section 302: Corporations must disclose Mrs. LINCOLN, Mr. COVERDELL, within USDA. It restructures the board soft money donations in annual reports. Mr. SESSIONS, Mr. CLELAND, Mr. of directors of the Federal Crop Insur- TITLE IV—ELIMINATION OF CAMPAIGN EXCESSES HOLLINGS, Mr. SHELBY, Mr. ance Corporation to include more Section 410: Adds soft money donations to ROBB, and Mr. HUTCHINSON): present ban on fundraising on federal prop- S. 1108. A bill to amend the Federal farmers, and establishes a new office to erty and to other criminal statutes. Crop Insurance Act to improve crop in- work with private sector companies Section 402: Hard money contributions or surance coverage and administration, who develop new crop insurance prod- soft money donations over $500 which a polit- and for other purposes; to the Com- ucts. ical committee intends to return because of One of the major complaints that I illegality must be transferred to the FEC mittee on Agriculture, Nutrition, and Forestry. have heard about crop insurance is the and may be given to the Treasury as part of abuse and fraud that exists in the cur- a civil or criminal action. CROP INSURANCE EQUITY ACT OF 1999 Section 403: ‘Soft’ and ‘hard’ money provi- Mr. COCHRAN. Mr. President, I am rent program. To address this com- sions. Soft money cap: no national party, pleased to be joined today by my col- plaint, our bill also improves the moni- congressional committee or senatorial com- league from Arkansas, Mrs. Lincoln, in toring of agents and adjusters to com- mittee shall accept donations from any introducing the Crop Insurance Equity bat fraud, and strengthens the pen- source exceeding $100,000 per year. Hard Act of 1999 to reform the federal crop alties available to USDA for compa- money increases: limit raised from $25,000 to nies, agents, and producers who engage $50,000 per individual per year with no sub- insurance program. The other cospon- sors of the bill are: Mr. COVERDELL, Mr. in fraudulent activities. limit to party committees. I believe that we have developed a Section 404: Codifies FEC regulations ban- SESSIONS, MR. CLELAND, Mr. HOLLINGS, ning conversion of campaign funds to per- Mr. SHELBY, Mr. ROBB, and Mr. HUTCH- sound proposal which Senators will sonal use. INSON. find good reason to support. TITLE V—ENHANCED DISCLOSURE The Crop Insurance Equity Act of 1999 is Mr. President, I ask unanimous con- based on several principles. First, we do not Section 501: Additional reporting require- sent that the bill and a summary of the believe that the crop insurance program ments for candidates: weekly reports for last legislation be printed in the RECORD. should be the next iteration of a farm bill. month of general election, 24-hour disclosure There being no objection, the mate- Therefore, this bill maintains the current of large contributions extended to 90 days be- rial was ordered to be printed in the policy with regard to federal subsidy for rev- fore election, and end of ‘best efforts’ waiver enue insurance products. RECORD, as follows: for failure to obtain occupation of contribu- We developed this bill with the intent of S. 1108 tors over $200. addressing the reasons farmers in our states Be it enacted by the Senate and House of Rep- Section 502: FEC shall make reports filed have found crop insurance to be impractical. resentatives of the United States of America in available on the Internet. We believe that farmers from Washington to Congress assembled, Section 503: 24-hour disclosure of inde- Florida and Maine to California will find this SECTION 1. SHORT TITLE; TABLE OF CONTENTS. pendent expenditures over $1,000 in last 20 bill worthy of their support. days before election, and of those over $10,000 (a) SHORT TITLE.—This Act may be cited as Our bill establishes a process under which the ‘‘Crop Insurance Equity Act of 1999’’. made anytime. the current rates and rating methods and Section 504: Registered lobbyists shall in- (b) TABLE OF CONTENTS.—The table of con- procedures will be re-evaluated by USDA to tents of this Act is as follows: clude their own contributions and soft examine factors not currently considered. money donations and those of their employ- This may lower crop insurance rates for Sec. 1. Short title; table of contents. ers and the employers’ coordinated PAC’s on some commodities. However, because all cur- TITLE I—CROP INSURANCE COVERAGE lobbyist disclosure forms. rent rating methodologies are actuarially Sec. 101. Prevented planting. TITLE VI—FEDERAL ELECTION COMMISSION sound, if the re-evaluation would result in an Sec. 102. Alternative rating methodologies. REFORM increased rate, the current method must re- Sec. 103. Quality adjustment. Section 601: FEC shall develop and provide, main in place. Sec. 104. Low-risk producer pilot program. at no cost, software to file reports, and shall This bill also establishes a fixed percent- Sec. 105. Catastrophic risk protection. issue regulations mandating electronic filing age as the federal contribution to a farmer’s Sec. 106. Loss adjustment. and allowing for filing by fax. crop insurance premium. Current law pro- Sec. 107. Cost of production plans of insur- Section 602: Limits commissioners to one vides higher contributions for lower levels of ance. term of eight years. coverage. This bill would treat all farmers Sec. 108. Discounts. Section 603: Increases penalties for know- fairly. Sec. 109. Adjustments to subsidy levels. We believe that one of the simplest ways to ing and willful violations to greater of $15,000 Sec. 110. Sales closing dates. make crop insurance more attractive is to or 300 percent of the contribution or expendi- Sec. 111. Assigned yields. make it operate more like other common ture. Sec. 112. Actual production history adjust- forms of insurance, such as homeowners or Section 604: Requires that FEC create a ment for disasters. auto insurance. This bill establishes a proc- schedule of penalties for minor reporting Sec. 113. Payment of portion of premium. ess of discounts and a menu of policy options violations. Sec. 114. Limitation on premiums included from which farmers can choose. These in- Section 605: Establishes availability of oral in underwriting gains. clude discounts for coverage of larger, less arguments at FEC when requested and two TITLE II—ADMINISTRATION risky units of production, employment of commissioners agree. Also requires that FEC technologically advanced agricultural man- Sec. 201. Board of Directors of Corporation. create index of Commission actions. Sec. 202. Office of Risk Management. agement practices, and the reinstatement of Section 606: Changes reporting cycle for Sec. 203. Office of Private Sector Partner- good experience discounts. In addition, farm- committees to election cycle rather than ship. ers will be able to choose whether to pur- calendar year. Sec. 204. Penalties for false information. chase specific coverages for prevented plant- Section 607: Classifies FEC general counsel Sec. 205. Regulations. ing, quality losses, and cost of production and executive director as presidential ap- Sec. 206. Program compliance. pointments requiring Senate confirmation. coverage. Sec. 207. Payments by cooperative associa- Mr. President, this bill raises the basic tions. TITLE VII—IMPROVEMENTS TO NATIONAL VOTER coverage level for the lowest crop insurance Sec. 208. Limitation on double insurance. REGISTRATION ACT unit—catastrophic coverage—so that all Sec. 209. Consultation with State commit- Section 701: Repeals requirement that farmers will benefit from this legislation. tees of Farm Service Agency. states allow registration by mail. For the same minimal fee as established in Sec. 210. Records and reporting. Section 702: Requires that registrants for current law, this bill will provide cata- Sec. 211. Fees for plans of insurance. federal elections provide social security strophic coverage for sixty percent of a farm- Sec. 212. Flexible subsidy pilot program. number and proof of citizenship. er’s historical production at seventy percent Sec. 213. Reinsurance agreements. Section 703: Provides states the option of of the market price. Sec. 214. Funding. removing registrants from eligible list of Our bill also makes other important federal voters who have not voted in two fed- changes to the program. It protects new TITLE I—CROP INSURANCE COVERAGE eral elections and did not respond to post- farmers or those who rent new land or SEC. 101. PREVENTED PLANTING. card. produce new crops by ensuring they are as- Section 508(a) of the Federal Crop Insur- Section 704: Allows states to require photo signed a fair yield until they generate ade- ance Act (7 U.S.C. 1508(a)) is amended by add- ID at the polls. quate actual production data. ing at the end the following:

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‘‘(7) PREVENTED PLANTING.— SEC. 103. QUALITY ADJUSTMENT. ‘‘(5) EXPECTED MARKET PRICE.— ‘‘(A) IN GENERAL.—The Corporation shall Section 508(a) of the Federal Crop Insur- ‘‘(A) IN GENERAL.—For the purposes of this offer coverage for prevented planting of an ance Act (7 U.S.C. 1508(a)) (as amended by title, the Corporation shall establish or ap- agricultural commodity only as an endorse- section 102) is amended by adding at the end prove the price level (referred to in this title ment to a policy. the following: as the ‘expected market price’) of each agri- ‘‘(B) EQUAL COVERAGE.—For each agricul- ‘‘(9) QUALITY ADJUSTMENT POLICIES.—The cultural commodity for which insurance is tural commodity for which prevented plant- Corporation shall offer, only as an endorse- offered. ing coverage is available, the Corporation ment to a policy, coverage that permits a re- ‘‘(B) AMOUNT.—The expected market price shall offer an equal level of prevented plant- duction in the quantity of production of an of an agricultural commodity— ing coverage. agricultural commodity produced during a ‘‘(i) except as otherwise provided in this ‘‘(C) PLANTING OF SUBSTITUTE AGRICUL- crop year, or any similar adjustment, that subparagraph, shall be not less than the pro- TURAL COMMODITIES.—In the case of pre- results from the agricultural commodity not jected market price of the agricultural com- vented planting coverage that is offered meeting the quality standards established in modity, as determined by the Corporation; under this paragraph, the Corporation shall the policy.’’. ‘‘(ii) may be based on the actual market allow producers that have the coverage, and SEC. 104. LOW-RISK PRODUCER PILOT PROGRAM. price of the agricultural commodity at the that are eligible to receive a prevented Section 508(a) of the Federal Crop Insur- time of harvest, as determined by the Cor- planting indemnity, to plant an agricultural ance Act (7 U.S.C. 1508(a)) (as amended by poration; or commodity, other than the commodity cov- section 103) is amended by adding at the end ‘‘(iii) in the case of cost of production or ered by the prevented planting coverage, on the following: similar plans of insurance, shall be the pro- the acreage that the producer has been pre- ‘‘(10) LOW-RISK PRODUCER PILOT PROGRAM.— jected cost of producing the agricultural vented from planting to the original agricul- ‘‘(A) IN GENERAL.—For each of the 2000 commodity, as determined by the Corpora- tural commodity. through 2003 crop years, the Corporation tion.’’. ‘‘(D) INELIGIBILITY FOR COVERAGE.—A sub- shall carry out a pilot program that is de- (b) CONFORMING AMENDMENTS.—Section stitute agricultural commodity described in signed to encourage participation in the Fed- 508(h) of the Federal Crop Insurance Act (7 subparagraph (C) shall not be eligible for eral crop insurance program established U.S.C. 1508(h)) is amended— coverage under a plan of insurance under under this title by producers who rarely suf- (1) by striking paragraph (9); and this title.’’. fer insurable losses. (2) by redesignating paragraph (10) as para- ‘‘(B) SCOPE.—The Corporation shall carry graph (9). SEC. 102. ALTERNATIVE RATING METHODOLO- out the pilot program in at least 40 counties GIES. that are determined by the Corporation to be SEC. 108. DISCOUNTS. Section 508(a) of the Federal Crop Insur- adequate to provide a comprehensive evalua- Section 508(d) of the Federal Crop Insur- ance Act (7 U.S.C. 1508(a)) (as amended by tion of the feasibility, effectiveness, and de- ance Act (7 U.S.C. 1508(d)) is amended by add- section 101) is amended by adding at the end mand among producers for a low-risk pro- ing at the end the following: the following: ducer program. ‘‘(3) DISCOUNTS.— ‘‘(8) ALTERNATIVE RATING METHODOLO- ‘‘(C) PREMIUM REFUND.—Notwithstanding ‘‘(A) IN GENERAL.—Notwithstanding section GIES.— section 506(o) and subsection (d)(1), if a pro- 506(o) and paragraph (1), the Corporation ‘‘(A) IN GENERAL.—Not later than Sep- ducer participating in the pilot program in- shall provide a discount in the premium pay- tember 30, 2000, the Corporation shall de- curs a yield loss in any crop year that is able by the producer for a plan of insurance velop and implement alternative methodolo- more than 10 percent but not more than 35 under subsections (b) and (c) for an agricul- gies for rating plans of insurance under sub- percent of the yield determined under sub- tural commodity in a county if the pro- sections (b) and (c), and rates for the plans of section (g), the Corporation shall— ducer— insurance, that take into account— ‘‘(i) refund all or part, as determined by ‘‘(i) during each of the preceding 5 consecu- ‘‘(i) producers that elect not to participate the Corporation, of the premium that was tive crop years— in the Federal crop insurance program estab- paid by the producer for a plan of insurance ‘‘(I) has obtained insurance under this title lished under this title; and for the crop that incurred the qualifying for the agricultural commodity; and ‘‘(ii) producers that elect only to obtain loss; or ‘‘(II) has not filed any claim under the in- catastrophic risk protection under sub- ‘‘(ii) apply the amount to be refunded surance; section (b). under clause (i) against the premium payable ‘‘(ii) if offered by the Corporation, elects to ‘‘(B) REVIEW AND ADJUSTMENT.—Effective by the producer for equivalent coverage for have unit coverage that reduces the risk of for the 2001 and subsequent crop years, the the subsequent crop year. loss below the risk of loss that is expected Corporation shall review and make any nec- ‘‘(D) REGULATIONS.—The Corporation shall for a unit comprised of all insurable acreage essary adjustments to methodologies and promulgate such regulations as are nec- of the agricultural commodity in the county; rates established under this paragraph, based essary to carry out the pilot program.’’. or on (as determined by the Corporation)— SEC. 105. CATASTROPHIC RISK PROTECTION. ‘‘(iii) implements innovative farming man- ‘‘(i) expected future losses, with appro- Section 508(b)(2)(A) of the Federal Crop In- agement practices that reduce the risk of in- priate adjustment of any historical data used surance Act (7 U.S.C. 1508(b)(2)(A)) is amend- surable loss, as determined by the Corpora- in rating to remove— ed— tion. ‘‘(I) the impact of adverse selection; and (1) in clause (i), by striking ‘‘and’’ at the ‘‘(B) AMOUNT.— ‘‘(II) data that no longer reflects the pro- end; ‘‘(i) IN GENERAL.—Subject to clause (ii), the ductive capacity of the area; (2) in clause (ii)— amount of the discount provided to a pro- ‘‘(ii) program errors; and (A) by striking ‘‘each of the 1999 and subse- ducer for a crop year under subparagraph (A) ‘‘(iii) any other factor that can cause er- quent crop years’’ and inserting ‘‘the 1999 shall be determined by the Corporation. rors in methodologies and rates. crop year’’; and ‘‘(ii) NO CLAIM DISCOUNT.—The amount of ‘‘(C) IMPLEMENTATION.—In developing, im- (B) by striking the period at the end and the discount provided to a producer for a plementing, and adjusting rating methodolo- inserting ‘‘; and’’; and crop year under subparagraph (A)(i) shall in- gies and rates under this paragraph, the Cor- (3) by adding at the end the following: crease for each additional consecutive crop poration shall— ‘‘(iii) in the case of each of the 2000 and year for which the producer is eligible for a ‘‘(i) use methodologies for rating plans of subsequent crop years, catastrophic risk pro- discount under subparagraph (A)(i).’’. insurance under subsections (b) and (c) that tection shall offer a producer coverage for a result in the lowest premiums payable by 60 percent loss in yield, on an individual SEC. 109. ADJUSTMENTS TO SUBSIDY LEVELS. producers of an agricultural commodity in a yield or area yield basis, indemnified at 70 (a) IN GENERAL.—Section 508(e)(2) of the geographic area, as determined by the Cor- percent of the expected market price, or a Federal Crop Insurance Act (7 U.S.C. poration; and comparable coverage (as determined by the 1508(e)(2)) is amended by striking subpara- ‘‘(ii) update the manner in which rates are Corporation).’’. graphs (B) and (C) and inserting the fol- applied at the individual producer level, as SEC. 106. LOSS ADJUSTMENT. lowing: determined by the Corporation. Section 508(b)(11) of the Federal Crop In- ‘‘(B) In the case of additional coverage ‘‘(D) PRIORITY.—In developing, imple- surance Act (7 U.S.C. 1508(b)(11)) is amended below 65 percent of the recorded or appraised menting, and adjusting alternative meth- by striking ‘‘11 percent’’ and all that follows average yield indemnified at 100 percent of odologies for rating plans of insurance under through the end of the paragraph and insert- the expected market price, or an equivalent subsections (b) and (c) for agricultural com- ing ‘‘$50 for each claim that is adjusted coverage, the amount shall be equal to the modities, the Corporation shall provide the under this subsection.’’. sum of— highest priority to agricultural commodities SEC. 107. COST OF PRODUCTION PLANS OF IN- ‘‘(i) 50 percent of the amount of the pre- with (as determined by the Corporation)— SURANCE. mium established under subsection ‘‘(i) the largest average acreage; and (a) IN GENERAL.—Section 508(c) of the Fed- (d)(2)(B)(i); and ‘‘(ii) the lowest percentage of producers eral Crop Insurance Act (7 U.S.C. 1508(c)) is ‘‘(ii) the amount of operating and adminis- that purchased coverage under subsection amended by striking paragraph (5) and in- trative expenses determined under sub- (c).’’. serting the following: section (d)(2)(B)(ii).

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5855

‘‘(C) In the case of additional coverage ‘‘(8) LIMITATION ON PREMIUMS INCLUDED IN ‘‘SEC. 507A. OFFICE OF PRIVATE SECTOR PART- equal to or greater than 65 percent of the re- UNDERWRITING GAINS.—Notwithstanding any NERSHIP. corded or appraised average yield indem- other provision of law, the reinsurance ‘‘(a) ESTABLISHMENT.—The Secretary shall nified at 100 percent of the expected market agreements of the Corporation shall require establish and maintain in the Department an price, or an equivalent coverage, the amount that not more than 50 percent of any pre- Office of Private Sector Partnership, which shall be equal to the sum of— mium for catastrophic risk protection under shall be under the direction of the Board. ‘‘(i) 50 percent of the amount of the pre- subsection (b) be included in the calculation ‘‘(b) FUNCTIONS.—The Office shall— mium established under subsection of gains or losses of an approved insurance ‘‘(1) provide at least monthly reports to (d)(2)(C)(i); and provider unless the loss ratio for cata- the Board on crop insurance issues, which ‘‘(ii) the amount of operating and adminis- strophic risk protection exceeds 1.0.’’. shall be based on comments received from trative expenses determined under sub- TITLE II—ADMINISTRATION producers, approved insurance providers, and section (d)(2)(C)(ii).’’. other sources that the Office considers ap- SEC. 201. BOARD OF DIRECTORS OF CORPORA- (b) APPLICATION.—The amendment made by propriate; TION. subsection (a) applies beginning with the 2000 ‘‘(2)(A) review policies and materials with Section 505 of the Federal Crop Insurance crop year. respect to— Act (7 U.S.C. 1505) is amended by striking SEC. 110. SALES CLOSING DATES. ‘‘(i) subsidized plans of insurance author- subsection (a) and inserting the following: Section 508(f)(2) of the Federal Crop Insur- ized under section 508; and ‘‘(a) BOARD OF DIRECTORS.— ance Act (7 U.S.C. 1508(f)(2)) is amended by ‘‘(ii) unsubsidized plans of insurance sub- ‘‘(1) IN GENERAL.—The management of the striking the last sentence. Corporation shall be vested in a Board sub- mitted to the Board under section 508(h); and SEC. 111. ASSIGNED YIELDS. ject to the general supervision of the Sec- ‘‘(B) make recommendations to the Board Section 508(g)(2)(B) of the Federal Crop In- retary. with respect to approval of the policies and surance Act (7 U.S.C. 1508(g)(2)(B)) is amend- materials; ‘‘(2) COMPOSITION.—The Board shall consist ed— of— ‘‘(3) administer the reinsurance functions (1) by striking ‘‘assigned a yield’’ and in- ‘‘(A) 4 members who are active agricultural described in section 508(k) on behalf of the serting ‘‘assigned— producers with or without crop insurance, Corporation; ‘‘(i) a yield’’; with 1 member appointed from each of the 4 ‘‘(4) review and make recommendations to (2) by striking the period at the end and in- regions of the United States (as determined the Board with respect to methodologies for serting ‘‘; or’’; and by the Secretary); rating plans of insurance under this title; (3) by adding at the end the following: ‘‘(B) 1 member who is active in the crop in- and ‘‘(ii) a yield determined by the Corpora- ‘‘(5) perform such other functions as the tion, in the case of— surance business; ‘‘(C) 1 member who is active in the reinsur- Board considers appropriate. ‘‘(I) a person that has not been actively en- DMINISTRATOR.—The Office shall be ance business; ‘‘(c) A gaged in farming for a share of the produc- headed by an Administrator who shall be ap- ‘‘(D) the Under Secretary for Farm and tion of the insured crop for more than 2 crop pointed by the Secretary. Foreign Agricultural Services; years, as determined by the Secretary; ‘‘(d) STAFF.—The Administrator shall ap- ‘‘(E) the Under Secretary for Rural Devel- ‘‘(II) a producer that produces an agricul- point such employees pursuant to title 5, opment; and tural commodity on land that has not been United States Code, as are necessary for the ‘‘(F) the Chief Economist of the Depart- farmed by the producer; and administration of the Office, including em- ment of Agriculture. ‘‘(III) a producer that rotates a crop pro- ployees who have commercial reinsurance ‘‘(3) APPOINTMENT AND TERMS OF PRIVATE duced on a farm to a crop that has not been and actuarial experience.’’. produced on the farm.’’. SECTOR MEMBERS.—The members of the Board described in subparagraphs (A), (B), SEC. 204. PENALTIES FOR FALSE INFORMATION. SEC. 112. ACTUAL PRODUCTION HISTORY AD- Section 506(n)(1) of the Federal Crop Insur- JUSTMENT FOR DISASTERS. and (C) of paragraph (2)— ‘‘(A) shall be appointed by, and hold office ance Act (7 U.S.C. 1506(n)(1)) is amended— Section 508(g)(2) of the Federal Crop Insur- (1) in subparagraph (A), by inserting ‘‘for ance Act (7 U.S.C. 1508(g)(2)) is amended by at the pleasure of, the Secretary; ‘‘(B) shall not be otherwise employed by each claim’’ after ‘‘$10,000’’; and adding at the end the following: (2) in subparagraph (B), by striking ‘‘non- ‘‘(E) SUBSTITUTION OF TRANSITIONAL the Federal Government; ‘‘(C) shall be appointed to staggered 4-year insured assistance’’ and inserting ‘‘any loan, YIELD.—Effective beginning with the 2000 payment, or benefit described in section 1211 crop year, if the producer’s yield of an agri- terms, as determined by the Secretary; and ‘‘(D) shall serve not more than 2 consecu- of the Food Security Act of 1985 (16 U.S.C. cultural commodity in any crop year is less 3811)’’. than 85 percent of the transitional yield es- tive terms. tablished by the Corporation for the agricul- ‘‘(4) CHAIRPERSON.—The Board shall select SEC. 205. REGULATIONS. tural commodity, the Corporation shall, at a member of the Board described in subpara- Section 506(p) of the Federal Crop Insur- the option of the producer, consider the pro- graph (A), (B), or (C) of paragraph (2) to serve ance Act (7 U.S.C. 1506(p)) is amended— ducer’s yield for the crop year to be 85 per- as Chairperson of the Board. (1) by striking ‘‘The Secretary’’ and insert- cent of the transitional yield for the purpose ‘‘(5) STAFF.—The Board shall employ or ing the following: of calculating the actual production history contract with 1 or more individuals who are ‘‘(1) IN GENERAL.—The Secretary’’; and for a crop of an agricultural commodity knowledgeable and experienced in quan- (2) by adding at the end the following: under subparagraph (A). titative mathematics and actuarial rating to ‘‘(2) TERMS OF INSURANCE.— ‘‘(A) IN GENERAL.—Regulations issued by ‘‘(F) CORPORATION’S SHARE OF COSTS.—In assist the Board in reviewing and approving the case of any yield substitution under sub- policies and materials with respect to plans the Secretary and the Corporation specifying paragraph (E), in addition to any other au- of insurance authorized or submitted under the terms of insurance under section 508 thority to pay any portion of the premium section 508.’’. shall be issued without regard to— and indemnity, the Corporation shall pay— SEC. 202. OFFICE OF RISK MANAGEMENT. ‘‘(i) the notice and comment provisions of ‘‘(i) the portion of the premium or indem- (a) ESTABLISHMENT.—Section 226A(a) of the section 553 of title 5, United States Code; nity that represents the increase in premium Department of Agriculture Reorganization ‘‘(ii) the Statement of Policy of the Sec- associated with the substitution of the tran- Act of 1994 (7 U.S.C. 6933(a)) is amended by retary of Agriculture effective July 24, 1971 sitional yield under subparagraph (E); striking ‘‘independent Office of Risk Man- (36 Fed. Reg. 13804), relating to notices of ‘‘(ii) all additional indemnities associated agement’’ and inserting ‘‘Office of Risk Man- proposed rulemaking and public participa- with the substitution; and agement, which shall be under the direction tion in rulemaking; and ‘‘(iii) any amounts that result from the dif- of the Board of Directors of the Federal Crop ‘‘(iii) chapter 35 of title 44, United States ference in the administrative and operating Insurance Corporation’’. Code (commonly known as the ‘Paperwork expenses owed to an approved insurance pro- (b) FUNCTIONS.—Section 226A(b) of the De- Reduction Act’). vider as the result of the substitution.’’. partment of Agriculture Reorganization Act ‘‘(B) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.—In carrying out this para- SEC. 113. PAYMENT OF PORTION OF PREMIUM. of 1994 (7 U.S.C. 6933(b)) is amended by strik- graph, the Secretary shall use the authority Section 508(h)(2) of the Federal Crop Insur- ing paragraph (1) and inserting the following: provided under section 808 of title 5, United ance Act (7 U.S.C. 1508(h)(2)) is amended in ‘‘(1) Assistance to the Board in developing, the second sentence by inserting before the reviewing, and recommending plans of insur- States Code.’’. period at the end the following: ‘‘, except ance under section 508(a)(7) of the Federal SEC. 206. PROGRAM COMPLIANCE. that the Corporation shall not pay any por- Crop Insurance Act (7 U.S.C. 1508(a)(7)) to en- Section 506(q) of the Federal Crop Insur- tion of the premium for any plan of insur- sure that each agricultural commodity (in- ance Act (7 U.S.C. 1506(q)) is amended— ance that offers coverage for losses associ- cluding each new or speciality crop) is ade- (1) by redesignating paragraph (2) as para- ated with a change in price’’. quately served by plans of insurance.’’. graph (6); and SEC. 114. LIMITATION ON PREMIUMS INCLUDED SEC. 203. OFFICE OF PRIVATE SECTOR PARTNER- (2) by striking paragraph (1) and inserting IN UNDERWRITING GAINS. SHIP. the following: Section 508(k) of the Federal Crop Insur- The Federal Crop Insurance Act is amend- ‘‘(1) IN GENERAL.—Not later than 180 days ance Act (7 U.S.C. 1508(k)) is amended by ed by inserting after section 507 (7 U.S.C. after the date of enactment of the Crop In- adding at the end the following: 1507) the following: surance Equity Act of 1999, the Corporation

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5856 CONGRESSIONAL RECORD — SENATE May 24, 1999 shall establish a program for monitoring by the Corporation,’’ and inserting ‘‘to the and prudent manner, taking into consider- compliance with this title by all Federal extent required by the Corporation, provide ation the financial condition of the reinsured crop insurance participants, including pro- to the Secretary, acting through the Farm company and the availability of private rein- ducers, agents, adjusters, and approved in- Service Agency,’’. surance. surance providers. (b) NONINSURED CROP DISASTER ASSISTANCE ‘‘(B) COMPLIANCE.—To promote program ‘‘(2) CONSULTATION.—The Corporation shall PROGRAM.—Section 196(b) of the Agricultural compliance and integrity, the Corporation, consult with approved insurance providers in Market Transition Act (7 U.S.C. 7333(b)) is after notice and an opportunity for a hearing developing the compliance program. amended— on the record— ‘‘(3) OVERSIGHT OF LOSS ADJUSTMENT.—As (1) by striking paragraph (2) and inserting ‘‘(i)(I) shall assess civil fines in an amount part of the compliance program, the Cor- the following: not to exceed $10,000 per violation against poration shall provide for a mechanism to ‘‘(2) RECORDS.—To be eligible for assistance agents, loss adjusters, and approved insur- independently review the performance of loss under this section, a producer shall provide ance providers that are determined by the adjusters. annually to the Secretary, acting through Corporation to have recurring compliance ‘‘(4) PROGRAM REVIEW.—Not later than 90 the Farm Service Agency, records of crop problems; and days after the date of enactment of the Crop acreage, acreage yields, and production for ‘‘(II) may deposit any civil fines collected Insurance Equity Act of 1999, the Corpora- each eligible crop.’’; and under subclause (I) in the insurance fund es- tion shall submit to the Board and the Office (2) in paragraph (3), by inserting ‘‘annual’’ tablished under section 516(c); and of Private Sector Partnership for their re- after ‘‘shall provide’’. ‘‘(ii) shall disqualify the agents, loss ad- view the proposed compliance program under SEC. 211. FEES FOR PLANS OF INSURANCE. justers, and approved insurance providers de- this subsection. Section 508(h)(5) of the Federal Crop Insur- scribed in clause (i)(I) from participation in ‘‘(5) ANNUAL REPORTS.—Beginning with fis- ance Act (7 U.S.C. 1508(h)(5))) is amended— the Federal crop insurance program for a pe- cal year 2001, the Corporation shall submit (1) by striking ‘‘Any policy’’ and inserting riod not to exceed 5 years. an annual report to the Committee on Agri- the following: ‘‘(C) REVIEW OF AGREEMENTS.—As soon as culture of the House of Representatives, the ‘‘(A) IN GENERAL.—Any policy’’; and practicable after the date of enactment of Committee on Agriculture, Nutrition, and (2) by adding at the end the following: this subparagraph and regularly thereafter, Forestry of the Senate, the Board, and the ‘‘(B) FEES FOR NEW PLANS OF INSURANCE.— in consultation with the Office of Private Office of Private Sector Partnership con- ‘‘(i) IN GENERAL.—If an approved insurance Sector Partnership, the Corporation shall re- cerning the compliance program established provider elects to sell a plan of insurance view the Standard Reinsurance Agreement under this subsection, including any rec- that was developed by another approved in- issued by the Corporation to ensure that the ommendations for legislative or administra- surance provider after the date of enactment allocation of risk between the Corporation tive changes that could further improve pro- of this subparagraph and the plan of insur- and the reinsured companies is equitable, as gram compliance.’’. ance offered coverage that was not available determined by the Corporation.’’. SEC. 207. PAYMENTS BY COOPERATIVE ASSOCIA- for any crop at the time the plan of insur- SEC. 214. FUNDING. TIONS. ance was approved by the Board (as deter- Section 516 of the Federal Crop Insurance Section 507(e) of the Federal Crop Insur- mined by the Corporation), the approved in- Act (7 U.S.C. 1516) is amended— ance Act (7 U.S.C. 1507(e)) is amended— surance provider that developed the plan of (1) in subsection (a)(2)— (1) by striking ‘‘(e) In’’ and inserting the insurance shall have the right to receive a (A) in subparagraph (A), by striking ‘‘and’’ following: fee from the approved insurance provider at the end; ‘‘(e) COOPERATIVE ASSOCIATIONS.— that elects to sell the plan of insurance. (B) in subparagraph (B), by striking the pe- ‘‘(1) IN GENERAL.—In’’; and ‘‘(ii) AMOUNT.— riod at the end and inserting ‘‘; and’’; and (2) by adding at the end the following: ‘‘(I) IN GENERAL.—Subject to subclause (II), (C) by adding at the end the following: ‘‘(2) PAYMENTS.—A cooperative association the amount of the fee that is payable by an ‘‘(C) salaries and expenses of the Office of described in paragraph (1) that is licensed approved insurance provider for a plan of in- Private Sector Partnership.’’; and acts as an agent or approved insurance surance under clause (i) shall be an amount (2) in subsection (b)(1)— provider with respect to any plan of insur- that is— (A) in subparagraph (B), by striking ‘‘; ance offered under this title may provide to ‘‘(aa) determined by the approved insur- and’’ and inserting a semicolon; the members of the association all or part of ance provider that developed the plan; and (B) in subparagraph (C), by striking the pe- any funds received from the Corporation ‘‘(bb) approved by the Board. riod at the end and inserting a semicolon; under this title.’’. ‘‘(II) APPROVAL.—The Board shall not ap- and SEC. 208. LIMITATION ON DOUBLE INSURANCE. prove the amount of a fee under clause (i) if (C) by adding at the end the following: Section 508(a) of the Federal Crop Insur- the amount of the fee unnecessarily inhibits ‘‘(D) salaries and expenses of the Office of ance Act (7 U.S.C. 1508(a)) (as amended by the use of the plan of insurance, as deter- Private Sector Partnership, but not to ex- section 104) is amended by adding at the end mined by the Board. ceed $5,000,000 for each fiscal year; the following: ‘‘(C) PAYMENTS.—The Corporation shall an- ‘‘(E) administrative expenses of collecting ‘‘(11) LIMITATION ON DOUBLE INSURANCE.— nually— information under section 508(f)(3); and The Corporation may offer plans of insur- ‘‘(i) collect from an approved insurance ‘‘(F) payment of fees in accordance with ance or reinsurance for only 1 agricultural provider the amount of any fees that are section 508(h)(5)(B).’’; and commodity on specific acreage during a crop payable by the approved insurance provider (3) in subsection (c)(1), by inserting ‘‘, fees year, unless— under subparagraph (B); and under section 508(h)(5)(B), civil fines under ‘‘(A) there is an established practice of ‘‘(ii) credit any fees that are payable to an section 508(k)(3)(B)(i)(II),’’ after ‘‘premium double-cropping in an area, as determined by approved insurance provider under subpara- income’’. the Corporation; graph (B).’’. ‘‘(B) the additional plan of insurance is of- SEC. 212. FLEXIBLE SUBSIDY PILOT PROGRAM. CROP INSURANCE EQUITY ACT OF 1999— fered with respect to an agricultural com- Section 508(h) of the Federal Crop Insur- SUMMARY modity that is customarily double-cropped ance Act (7 U.S.C. 1508(h)) is amended by Sec. 101—Prevented Planting. Ensures that in the area; and adding at the end the following: producers have the ability to reduce pre- ‘‘(C) the producer has a history of double ‘‘(11) FLEXIBLE SUBSIDY PILOT PROGRAM.— mium cost by giving them the option wheth- cropping or the acreage has historically been For each of the 2000 through 2002 crop years, er to choose prevented planting coverage for double-cropped.’’. the Corporation shall carry out a pilot pro- a commodity. Ensures that prevented plant- SEC. 209. CONSULTATION WITH STATE COMMIT- gram under which flexible subsidies are pro- ing coverage offered under the crop insur- TEES OF FARM SERVICE AGENCY. vided under this title to encourage private ance program is equivalent among all com- Section 508(a) of the Federal Crop Insur- sector innovation through exclusive mar- modities. Also eliminates current ‘‘black ance Act (7 U.S.C. 1508(a)) (as amended by keting rights and premium rate competi- dirt’’ requirement by allowing producers who section 208) is amended by adding at the end tion.’’. are prevented from planting their insured the following: SEC. 213. REINSURANCE AGREEMENTS. commodity to receive the prevented planting ‘‘(12) CONSULTATION WITH STATE COMMIT- Section 508(k) of the Federal Crop Insur- indemnity but still plant another, uninsured TEES OF FARM SERVICE AGENCY.—The Cor- ance Act (7 U.S.C. 1508(k)) is amended by crop on the same acreage without penalty. poration shall establish a mechanism under striking paragraph (3) and inserting the fol- Amendment ensures that productive crop which State committees of the Farm Service lowing: land is not idled because of crop insurance Agency are consulted concerning policies of ‘‘(3) REINSURANCE AGREEMENTS.— requirement. insurance offered in a State under this ‘‘(A) SHARE OF RISK.—Each reinsurance Sec. 102—Alternative Rating Methodolo- title.’’. agreement of the Corporation with a rein- gies. The preliminary conclusions from a re- SEC. 210. RECORDS AND REPORTING. sured company shall require the reinsured view of current rating methodologies indi- (a) CATASTROPHIC RISK PROTECTION.—Sec- company to bear a sufficient share of any po- cates that many of FCIC’s rates and rating tion 508(f)(3)(A) of the Federal Crop Insur- tential loss under the agreement so as to en- procedures need to be changed. The bill di- ance Act (7 U.S.C. 1508(f)(3)(A)) is amended sure that the reinsured company will sell rects FCIC to develop and implement alter- by striking ‘‘provide, to the extent required and service policies of insurance in a sound native methodologies for rating insurance

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5857 plans by September 30, 2000, that takes into Sec. 203—Office of Private Sector Partner- was not created and was never intended account (1) producers that elect not to par- ship. Establishes the Office of Private Sector to be the end all be all solution for the ticipate in the Federal crop insurance pro- Partnership, reporting directly to the FCIC income needs of our nation’s producers. gram, and (2) producers that elect only to ob- board. The OPSP will have the authority to As the crop insurance reform debate tain catastrophic coverage. FCIC is also di- review and make recommendations on both rected to review and make adjustments to privately and RMA-developed policies. It will proceeds, I am hopeful that my col- methodologies and rates by the 2001 crop also have the authority to approve reinsur- leagues will be cognizant of the various year, based on expected future losses (ad- ance and review and make recommendations needs in the agriculture community justed to correct for adverse selection and concerning subsidy for new crop policies and, and recognize that while crop insur- old data), program errors and other factors with board concurrence, approve new rating ance is an important part of the ‘‘safe- that can cause errors in methodologies and structures. ty net,’’ it is not and should not be the rates. The bill requires FCIC to implement Sec. 204—Penalities for false information. only income guard for our nation’s the rating methodologies in a manner that Allows anyone convicted of providing false information in connection with any crop in- farmers. results in the lowest premium payable by Congress has been attempting to producers of a commodity in a particular ge- surance claim to be disbarred from all USDA ographic area. Priority will be given to those programs. eliminate the ad hoc disaster program commodities with the lowest level of partici- Sec. 205—Regulations. Allows certain RMA for years because it is not the most ef- pation in buy-up coverage plans. rulemaking activities to be exempted from ficient way of helping our farmers who Sec. 103—Quality Adjustment. Ensures the Administrative Procedures Act and other suffer yield losses. Senator Cochran that quality adjustment coverage is offered federal statutes. and I have been working over the last as optional coverage. Sec. 206—Program Compliance. The bill en- few months with individuals involved Sec. 104—Low-risk producer pilot program. hances the compliance authority of FCIC by Establishes a pilot program designed to en- 1) requiring FCIC to develop and implement in crop insurance delivery, major com- courage participation in crop insurance by an effective program for monitoring program modity organizations, and most impor- producers who rarely suffer insurable losses. compliance by all crop insurance partici- tantly, farmers, to craft a comprehen- Participating producers would receive a re- pants; and 2) requiring regular oversight of sive bill that addresses the various re- duction in their payable premium if they loss adjusters. form needs of the crop insurance pro- incur a yield loss greater than 10%, but not Sec. 207—Payment of rebates to coopera- gram. We feel that this legislation great enough to trigger an indemnity. tive associations. Allows the payment of re- takes a significant step toward pro- bates to cooperatives who engage in the sale Sec. 105—Catastrophic risk protection. In- viding a crop insurance program that is creases the coverage level for catastrophic of crop insurance. coverage to 60% of APH at 70% of the price. Sec. 208—Limitation on Double Insurance. equitable, affordable, and effective. Other parts of the bill address excessive un- Prohibits purchasing insurance for two crops In response to the outcry we have derwriting gains and unearned loss adjust- for the same acreage in a year, except where heard from producers in Arkansas, Mis- ment expenses being generated as a result of there is an established practice of double- sissippi, and across the nation, we have CAT coverages. cropping. attempted to make the crop insurance Sec. 106—Loss adjustment. Reduces the Sec. 209—Consultation with state commit- program more cost effective for our fees for loss adjustments with respect to cat- tees of farm service agency. Requires FCIC farmers. In Arkansas, the last esti- astrophic coverage. to consult with state FSA committees on the Sec. 107—Cost of production plans of insur- feasibility of polices of insurance being of- mates I heard indicated that 1% of our ance. Provides permanent authority for the fered in their state. cotton producers were participating in Federal Crop Insurance Corporation to pro- Sec. 210—Records and reporting. The bill the buy-up program this year. Buy-up vide cost of production and revenue insur- strengthens requirements for accurate rec- coverage for all commodities in ance coverage. ordkeeping and reporting of crop production Akansas historically is around 12%. Sec. 108—Discounts. The bill requires FCIC by participants and non-participants in crop That tells me that producers at home to reinstate good experience discounts and to insurance. don’t think that crop insurance is cur- provide discounts for production practices Sec. 211—Fees for plans of insurance. Es- that reduce the risk of loss and for insurance tablishes a system of payment for the sale of rently providing the kind of help they that is issued on larger, more cost-effective policies developed by other companies. need. Our bill establishes a process for insurable units. Sec. 212—Flexible subsidy pilot program. re-evaluating crop insurance rates for Sec. 109—Adjustment to Subsidy Levels. Allows for the creation of a flexible subsidy all crops and for lowering those rates if The bill provides for 50% subsidization of all pilot program for the 2000–2002 crop years. warranted. By making the crop insur- levels of buy-up coverage. Sec. 213—Reinsurance Agreements. Pro- ance program more affordable, addi- Sec. 110—Sales Closing Dates. The bill re- vides tougher sanctions for agents and rein- tional producers will be encouraged to stores flexibility to FCIC in determining sured companies that have recurring compli- sales closing dates. ance difficulties, and requires a regular re- participate in the program and protect Sec. 111—Assigned Yields. Ensures that be- view of the Standard Reinsurance Agree- themselves against the unforeseeable ginning farmers or farmers who rent new ment. factors that will be working against land or produce new crops will be assigned a Sec. 214—Funding. Makes necessary adjust- them once they put a crop into the fair yield. ments in funding provisions to take into ac- ground. Sec. 112—Actual production history adjust- count the establishment of the Office of Pri- This legislation directs USDA to es- ment for disasters. Requires FCIC to adjust vate Sector Partnership. tablish ‘‘good experience’’ premium APH yields for producers who suffer multi- Mrs. LINCOLN. Mr. President, I am year disasters by directing FCIC to assign a discounts for producers who have not yield equal to 85% of the county transition pleased to be here today with my col- filed claims in the last years. This sim- yield for any year in which a producer’s yield league from Mississippi, Senator COCH- ply makes sense. If you have car insur- falls below that 85% level. RAN, to introduce the Crop Insurance ance and you haven’t had a wreck or a Sec. 113—Payment of Portion of Premium. Equity Act of 1999. We believe this bill ticket over a significant period of time, Prohibits FCIC from subsidizing revenue or makes fundamental changes to the ex- then your premium is reduced. Crop in- price insurance policies. isting Federal Crop Insurance Program surance should not be any different. Sec. 114—Limitation on Underwriting that are necessary to make crop insur- The bill also provides for a more eq- Gains. The bill limits the amount of under- writing gains companies can make on cata- ance more workable and affordable for uitable subsidy method by setting the strophic policies to 50 percent of the pre- producers across the country. subsidy for crop insurance premiums at mium. As we all know, the government’s a flat rate, regardless of the level of TITLE II role in farm programs has changed. coverage a producer purchases. Current Sec. 201—Board of Directors of Corpora- The 1996 Farm Bill phased out tradi- law provides higher levels of federal tion. Expands the board to include 4 pro- tional support for our farmers, and cur- subsidy to producers who purchase the ducers from 4 regions of the United States, 1 rent farm programs require producers lowest levels of coverage. person engaged in the crop insurance busi- to assume more risk than ever before. In an attempt to improve the record ness, 1 person engaged in reinsurance, the Due to the Ag economic crisis, there keeping process within USDA, this leg- Undersecretary for Farm and Foreign Agri- has been much discussion lately on the islation establishes the Farm Service cultural Services, the Under Secretary for issue of the ‘‘safety net’’ for our na- Agency (FSA) as the central repository Rural Development and the Chief Economist of the Department of Agriculture. tion’s producers. On that point I would for all acreage and yield record keep- Sec. 202—Office of Risk Management. like to be perfectly clear. Crop insur- ing. Current USDA record keeping, Clarifies that the FCIC board of directors ance is a risk management tool to help split between FSA and RMA, is redun- shall have direct oversight of RMA. producers guard against yield loss. It dant and insufficient. By including

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5858 CONGRESSIONAL RECORD — SENATE May 24, 1999 both crop insurance program partici- the U.S.A., Inc., which represents the entire ALLEN HELMS, pants and non-program participants in sugar producing and processing industry in Chairman, American the process, we hope to enhance the ag- the state of Louisiana, I offer to you our full Cotton Producers ricultural data held by the agency and support of your efforts to improve crop in- Association. surance with the introduction of the Crop In- make acreage and yield reporting less surance Equity Act of 1999. Agriculture in USA RICE FEDERATION, of a hassle for already overburdened this great country has been in a crisis mode May 19, 1999 producers. for the last several years and the federal Hon. BLANCHE LAMBERT LINCOLN, In addition, this bill establishes a crop insurance program, as it is presently U.S. Senate, Washington, DC. role for consultation with state FSA structured, is of limited or no utility to our DEAR SENATOR LINCOLN: On behalf of the committees in the introduction of new growers. USA Rice Federation, which represents pro- coverage to a state. The need for this In particular, we are pleased with the lan- ducers of over 80 percent of America’s rice provision was made abundantly clear guage which directs the Federal Crop Insur- crop and virtually all U.S. rice millers, I ance Corporation (FCIC) to review the rating to Arkansas’ rice producers this spring. would like to express our appreciation for methodologies, giving high priority to those the leadership that you and Senator Cochran A private insurance policy was offered commodities with the lowest level of partici- have provided on the issue of reforming Fed- to farmers at one rate, only to have the pation. Due to the inherent problems with eral crop insurance. Specifically, we want to company reduce the rate once the the program, as presently structured, sugar- express our strong support for the Crop In- amount of potential exposure was real- cane growers in Louisiana have not consid- surance Equity Act of 1999 which represents ized. In my discussions with various ex- ered crop insurance an affordable or viable a positive step towards addressing the con- ecutives from the company on this management tool. Again, it is with great en- cerns that U.S. rice producers have had with issue it became apparent that their thusiasm that we support this bill which we the existing crop insurance program. hope will benefit the entire agricultural As you probably are aware, most rice pro- knowledge of the rice industry was community and our industry, and allow us ducers have traditionally not participated in fairly minimal. Had they consulted the opportunity to have available to us a the Federal crop insurance program because with local FSA committees who had a viable risk management tool that is afford- premiums have been viewed as too high rel- working knowledge of the rice industry able. ative to the minimal coverage the program before introduction of the policy, the We appreciate tremendously your initia- offers. For example, during the 1998 crop train wreck that occurred might have tive with this bill language which seeks to year, only 43 percent of 3 million acres plant- ed to rice was covered by catastrophic poli- been stopped in its tracks. make crop insurance more useful for south- ern commodities. The Louisiana sugarcane cies while only another 20 percent of the Many of the problems associated industry will continue to review the reasons acreage was covered by buy-up policies. In with the crop insurance program have that crop insurance has not worked thus far general, the low level of participation by been addressed in previous reform and would like to reserve the option to make U.S. rice farmers has occurred because: CAT measures, however, fraud and abuses additional suggestions to you as the process coverage offers farmers minimal coverage are still present to some degree. This moves forward. Thanks again for taking on a and buy-up policies are too expensive; seri- bill strengthens the monitoring of challenge that stands to give American agri- ous problems exist with the actuarial data agents and adjusters to combat fraud culture what the rest of the manufacturing used to calculate premiums and coverage; and rice farmers, who traditionally experi- and enhances the penalties available to and business community of this country has always had, a viable and affordable risk man- ence relatively low levels of yield varia- USDA for companies, agents and pro- agement tool. bility, want price/revenue protection versus ducers who engage in fraudulent activi- Sincerely, traditional yield coverage. We believe that ties. There is simply no room for bad CHARLES J. MELANCON, the Crop Insurance Equity Act begins to se- actors that recklessly cost the tax- President and General Manager. riously address each of these three major payers money. issues. While this bill was crafted with the NATIONAL COTTON COUNCIL OF AMERICA, Again, Senator Lincoln, we want to thank input of producers from Arkansas and May 18, 1999. you and your staff for working so closely Hon. THAD COCHRAN, with the USA Rice Federation during the de- Mississippi, there is no preferential velopment of this important bill. We are treatment toward any commodity or Hon. BLANCHE LINCOLN, U.S. Senate, Washington, DC. proud to support this bill and look forward geographic region. We have attempted DEAR SENATORS COCHRAN and LINCOLN: On to working with you to enact the legislation to include provisions that will make behalf of the National Cotton Council, I in 1999. the crop insurance program more effec- would like to convey our sincere apprecia- Sincerely, tive across the nation. We hope that we tion and strong support for your efforts to A. ELLEN TERPSTRA, have achieved this goal and look for- improve the Federal crop insurance program. President and Chief Executive Officer. ward to working with our colleagues to The legislation that you are about to intro- THE REDDING FIRM, address any measures that will make duce, The Crop Insurance Equity Act of 1999, makes many needed changes to the program, 313 MASSACHUSETTS AVENUE, N.E., the crop insurance reform effort more improves compliance, and should increase WASHINGTON, DC effective. participation as well. We are very appreciative of Senators Coch- Mr. President, I ask unanimous con- The profitability crisis we are experiencing ran and Lincoln taking the lead on reform- sent that letters of support for this bill in American agriculture and the policy di- ing the Federal Crop Insurance Program. be included in the RECORD from the fol- rection we have chosen on farm programs Growers in the Southeast want sound prod- lowing commodity organizations: The has greatly increased the cotton industry’s uct options at a reasonable price. The Coch- National Cotton Council, USA Rice interest in more sound risk management ran-Lincoln bill moves crop insurance in this direction. Disaster bills do not adequately Federation, American Sugar Cane tools to help weather the tough times. Your legislation takes a very comprehensive ap- address the problems growers face in a bad League, the Southern Peanut Farmers proach towards improving the current sys- crop year. Crop insurance has to be reformed Federation, and the Alabama Farmers tem. We are especially pleased with your where growers can plan and address difficult Federation. provisions that will result in a reformed rat- financial times. These organizations have been very ing process, significantly improved record SOUTHERN PEANUT FARMERS helpful in the crafting of this bill and keeping requirements through the Farm FEDERATION. we certainly appreciate the input they Service Agency, equitable prevented plant- have provided. ing coverage for all crops, and a streamlined ALFA FARMERS, There being no objection, the mate- private product approval process. May 18, 1999. Finally, we appreciate the efforts of Hunt rial was ordered to be printed in the Senator Blanche Lincoln, Shipman and Ben Noble on your staffs who Hart Senate Office Building, Washington, DC. RECORD, as follows: worked tirelessly with the cotton industry DEAR SENATOR LINCOLN: On behalf of over AMERICAN SUGAR CANE LEAGUE to include provisions that would make the 398,000 members of the Alabama Farmers OF THE U.S.A., INC. program more equitable for all commodities. Federation, I am writing in support of this Thibodaux, La, May 19, 1999. They are both an asset to your offices. bill which you and Senator Cochran are in- Hon. THAD COCHRAN, Thank you again for your efforts and all troducing titled the Crop Insurance Equity Russell Senate Office Building, you do to help the cotton industry. We look Act of 1999. This crop insurance reform bill Washington, DC forward to working with you any way we can goes a long way toward addressing the in- Hon. BLANCHE LINCOLN, to insure passage of your bill. equities southern producers face under the Hart Senate Office Building, Sincerely, current federal crop insurance program. Washington, DC RON RAYER, While producers do not want the government DEAR SENATORS COCHRAN AND LINCOLN: On President, National to guarantee them a profit, real crop insur- behalf of the American Sugar Cane League of Cotton Council, ance reform is needed to ensure farmers have

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5859 adequate risk management tools for years know, bear parts, such as gall bladders those States limit the sale to viscera when a disaster does occur. and bile, which are commonly referred taken from bears in other States, and We are pleased that the Crop Insurance Eq- to as ‘‘viscera,’’ have traditionally there are five States that have no law uity Act addresses the so-called ‘‘ratings’’ in this regard. This patchwork of State issue in which southern producers are un- been used in myriad Asian medicines— fairly penalized by a flawed rating system. for everything from diabetes to heart laws enables poachers to ‘‘launder’’ the As you know, the current 20–year historical disease to hangovers, and in luxury gall through the States that permit the actuarial database being used to determine shampoos and cosmetics. Due to the sale of gall bladders. As long as a few probability of loss and establish premium popularity of these products containing States allow this action to go on, levels does not accurately reflect real risk bear viscera, Asian bear populations poaching for profit will continue. (particularly in the Southeast). have been decimated, causing poachers Mr. President, as I mentioned earlier, In addition, Alabama farmers want in- to run to American bears to meet the this is both a national and inter- creased emphasis on oversight by the federal national problem—and it is a growing government and private insurers to prevent increasing demand. Mr. President, the practice of poach- problem. The Convention on Inter- fraud. The Federation is pleased that the national Trade in Endangered Species oversight provisions were included in your ing bears for viscera is both a national bill by making crop insurance more afford- and international problem. Asian and (CITES), to which the United States is able for good farmers and eliminating abuses American bear populations are threat- a party, has recognized the issue of by those who would take advantage of it, ened by high demand for and low sup- bear conservation as a global issue. In thereby increasing producer participation. ply of bear parts and by the black mar- fact, CITES has noted that ‘‘the con- The Federation is also pleased to note that ket trade in exotic and traditional tinued illegal trade is bear parts and your bill restores the provision in law that derivatives of bear parts undermines enables producers with good experience to medicine cures. The problem is com- pounded by the fact that the poaching the effectiveness of the Convention and receive premium discounts, as well as elimi- that if CITES parties . . . do not take of bears for their viscera is a very prof- nating ‘‘black dirt’’ and replant provisions action to eliminate such trade, poach- itable enterprise, and one in which at which have unfairly penalized cotton grow- ing may cause declines of wild bears ers in the current federal crop insurance pro- least 18 Asian countries are known to that could lead to the extirpation of gram. participate. In fact, bear gall bladders certain populations or even species.’’ Furthermore, it is important to note that in South Korea, for instance, are worth The Convention goes on to say that in premium subsidies are shifted to the higher more than their weight in gold, fetch- levels of coverage in your bill, as well as rec- order to achieve this goal, ‘‘submitted ognizing that your provision concerning the ing a price of about $10,000 a piece. and measurable action’’ must be Mr. President, each year, nearly multiple year disasters remedies the problem taken—this includes adopting national 40,000 black bears are legally hunted in that producers who experience multiple legislation. years of disaster currently face. These provi- 36 States and Canada. Unfortunately, it I would like to point out that mem- sions should make higher coverage more af- has been estimated that roughly the bers of the U.S. delegation to the fordable, as well as encourage greater pro- same number is illegally poached every ducer participation. CITES Convention contributed to the year, according to a former chief law drafting of that resolution, and in Again, we thank you and Senator Cochran enforcement officer with the U.S. Fish for your leadership for southern agriculture, doing so, made a strong statement and we look forward to working toward a and Wildlife Service. While I am about the need to strengthen our na- reasonable crop insurance program that is pleased to report that for the most tional commitment to eradicating the truly a risk management tool for producers part, U.S. bear populations have re- poaching of bears. Recently, the Secre- of all areas of the country. mained stable or are increasing, I con- tariat pointed out that bear poaching Sincerely, tinue to remain concerned about the is most likely to flourish in countries G. Keith Gray, Director, National Affairs. threat posed by unchecked poaching. that have inconsistent internal trade, Since 1981, State and Federal wildlife import, and export controls. In such in- By Mr. MCCONNELL (for himself, agents have conducted many successful Mr. SMITH of New Hampshire, stances where there are differences in undercover operations to aimed at ex- national, Federal, and State laws, the Mr. KOHL, Mr. FRIST, Mr. posing the illegal slaughter of Amer- GREGG, Mr. JOHNSON, Mr. WAR- Secretariat asserts that confusion and ican bears. As recently as this past enforcement difficulties arise which NER, Mr. CLELAND, Mr. SCHU- February, a group of State and Federal will contribute to the availability of MER, Mr. ALLARD, Mr. JEF- officers arrested 25 people in Virginia bear viscera that can become available FORDS, Mr. AKAKA, Mrs. FEIN- and charged them with 112 wildlife vio- for international trade. STEIN, Mr. ENZI, Mr. ROBB, Mr. lations including bear poaching as part Mr. President, in order to halt the GRAMS, Mrs. BOXER, Mr. LUGAR, of Operations SOUP, or ‘‘Special Oper- poaching of America’s bears, we need Ms. LANDRIEU, Mr. COCHRAN, ation to Uncover Poaching.’’ Operation to effectuate legislation that not only Mrs. MURRAY, Mr. INHOFE, Mr. SOUP is a major undercover investiga- prohibits the import and export of bear MACK, Mr. TORRICELLI, Mr. tion, which has been ongoing for three viscera, but we need to close the loop- BINGAMAN, Mr. THOMAS, Mr. years and is aimed at the trafficking of holes in State laws that encourage LEAHY, Mr. CAMPBELL, Mr. KEN- gall bladders and other bear parts from poachers to evade the law. To effec- NEDY, Mr. HELMS, Mr. DURBIN, black bears in Virginia and Shen- tively reduce the laundering of bear Mr. SANTORUM, Mr. LAUTEN- andoah National Park. viscera through the United States, all BERG, Mr. BUNNING, Mr. MOY- Mr. President, I have with me two states must have a minimum level of NIHAN, Mr. KERRY, Mr. WYDEN, press releases from the Virginia De- protection. We must also stop the im- Mr. GRAHAM, Mr. REID, Mr. partment of Game and Inland Fishing, port and export of bear viscera, so that LEVIN, and Mr. LIEBERMAN): as well as an article from the Wash- we can shut off the international trade S. 1109. A bill to conserve global bear ington Post which I would like to have before America’s bear populations suf- populations by prohibiting the impor- placed in the RECORD. fer the same fate as Asian bear popu- tance, exportation, and interstate Mr. President, as these and other lations. trade of bear viscera and items, prod- news reports will attest, this problem The Bear Protection Act will do just ucts, or substances containing, or la- with poaching and trading bear parts that. It will establish national guide- beled or advertised as containing, bear must be addressed. Although many lines for trade in bear parts, but will viscera, and for other purposes; to the States and the U.S. Fish and Wildlife not weaken any existing state laws Committee on Environment and Public Service are making efforts to combat that have been instituted to deal with Works. this problem, these agencies have nei- this issue. The outright ban on the THE BEAR PROTECTION ACT ther the funds nor the resources to ade- trade, sale or barter of bear viscera, in- Mr. MCCONNELL. Mr. President, I quately solve the problem. Moreover, cluding items that claim to contain rise today to introduce the Bear Pro- there are loopholes created by a patch- bear parts, will close the existing loop- tection Act. This legislation, which I work of State laws that allow these il- holes and will allow State and Federal sponsored in the 105th Congress, is legal practices to flourish. There are wildlife officials to focus their limited aimed at eliminating the poaching of fourteen States in which the sale of resources on much needed conservation America’s bears for profit. As you may bear gall bladders is legal—eight of efforts.

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5860 CONGRESSIONAL RECORD — SENATE May 24, 1999 Mr. President, let me underscore that against the interstate trade, of bear viscera International Trade in Endangered Species my bill would in no way infringe on the and products containing, or labeled or adver- of Wild Fauna and Flora (27 UST 1087; TIAS rights of hunters to legally hunt bears. tised as containing, bear viscera will assist 8249), in any case in which such a permit is in ensuring that the United States does not required under the Convention. These sportsmen would still be allowed contribute to the decline of any bear popu- to keep trophies and furs of bears SEC. 6. PENALTIES AND ENFORCEMENT. lation as a result of the commercial trade in (a) CRIMINAL PENALTIES.—A person that killed during legal hunts. bear viscera. knowingly violates section 5 shall be fined The Bear Protection Act will also SEC. 3. PURPOSES. under title 18, United States Code, impris- bolster America’s efforts to curtail the The purpose of this Act is to ensure the oned not more than 1 year, or both. international bear trade by directing long-term viability of the world’s 8 bear spe- (b) CIVIL PENALTIES.— the Secretaries of the Interior and cies by— (1) AMOUNT.—A person that knowingly vio- State, as well as the United States (1) prohibiting international trade in bear lates section 5 may be assessed a civil pen- Trade Representative to establish a viscera and products containing, or labeled alty by the Secretary of not more than or advertised as containing, bear viscera; $25,000 for each violation. dialogue with the counties that share (2) encouraging bilateral and multilateral (2) MANNER OF ASSESSMENT AND COLLEC- our interest in conserving bear species. efforts to eliminate such trade; and TION.—A civil penalty under this subsection This, too, is an important element of (3) ensuring that adequate Federal legisla- shall be assessed, and may be collected, in the legislation because I believe efforts tion exists with respect to domestic trade in the manner in which a civil penalty under to both reduce the demand for bear bear viscera and products containing, or la- the Endangered Species Act of 1973 may be parts in Asia and encourage the in- beled or advertised as containing, bear assessed and collected under section 11(a) of creased usage of synthetic and other viscera. that Act (16 U.S.C. 1540(a)). SEC. 4. DEFINITIONS. (c) PRODUCTS, ITEMS, AND SUBSTANCES.— natural products as an alternative to In this Act: Any bear viscera, or any product, item, or beargall should be made a priority. (1) BEAR VISCERA.—The term ‘‘bear substance sold, imported, or exported, or at- Mr. President, it is important that viscera’’ means the body fluids or internal tempted to be sold, imported, or exported, in we act now to protect the American organs, including the gallbladder and its con- violation of this section (including any regu- bear population. The United States tents but not including blood or brains, of a lation issued under this section) shall be must take a stand and be an example species of bear. seized and forfeited to the United States. to the rest of the world by prohibiting (2) IMPORT.—The term ‘‘import’’ means to (d) REGULATIONS.—After consultation with the Secretary of the Treasury, the Secretary the illegal taking and smuggling of land on, bring into, or introduce into any place subject to the jurisdiction of the of Health and Human Services, and the American bears. If we act now, we can United States, whether or not the landing, United States Trade Representative, the Sec- stop the poaching of bears, which left bringing, or introduction constitutes an im- retary shall issue such regulations as are unchecked, will lead us down a path to- portation within the meaning of the customs necessary to carry out this section. ward these magnificent creatures’ ex- laws of the United States. (e) ENFORCEMENT.—The Secretary, the Sec- tinction. That is why I urge my col- (3) PERSON.—The term ‘‘person’’ means— retary of the Treasury, and the Secretary of leagues to join me in support of this (A) an individual, corporation, partnership, the department in which the Coast Guard is trust, association, or other private entity; operating shall enforce this section in the worthwhile legislation. manner in which the Secretaries carry out Mr. President, I ask that the full text (B) an officer, employee, agent, depart- ment, or instrumentality of— enforcement activities under section 11(e) of of my legislation and additional mate- (i) the Federal Government; the Endangered Species Act of 1973 (16 U.S.C. rial to be printed in the RECORD. (ii) any State, municipality, or political 1540(e)). There being no objection, the mate- subdivision of a State; or (f) USE OF PENALTY AMOUNTS.—Amounts rial was ordered to the printed in the (iii) any foreign government; received as penalties, fines, or forfeiture of property under this section shall be used in RECORD, as follows: (C) a State, municipality, or political sub- accordance with section 6(d) of the Lacey S. 1109 division of a State; and (D) any other entity subject to the juris- Act Amendments of 1981 (16 U.S.C. 3375(d)). Be it enacted by the Senate and House of Rep- diction of the United States. SEC. 7. DISCUSSIONS CONCERNING TRADE PRAC- resentatives of the United States of America in (4) SECRETARY.—The term ‘‘Secretary’’ TICES. Congress assembled, means the Secretary of the Interior. The Secretary and the Secretary of State SECTION 1. SHORT TITLE. shall discuss issues involving trade in bear (5) STATE.—The term ‘‘State’’ means a This Act may be cited as the ‘‘Bear Protec- State, the District of Columbia, the Com- viscera with the appropriate representatives tion Act of 1999’’. monwealth of Puerto Rico, the Virgin Is- of countries trading with the United States SEC. 2. FINDINGS. lands, Guam, the Commonwealth of the that are determined by the Secretary and Congress finds that— Northern Mariana Islands, American Samoa, the United States Trade Representative to be the leading importers, exporters, or con- (1) all 8 extant species of bear—Asian black and any other territory, commonwealth, or sumers of bear viscera, and attempt to estab- bear, brown bear, polar bear, American black possession of the United States. lish coordinated efforts with the countries to bear, spectacled bear, giant panda, sun bear, (6) TRANSPORT.—The term ‘‘transport’’ protect bears. and sloth bear—are listed on Appendix I or II means to move, convey, carry, or ship by any of the Convention on International Trade in means, or to deliver or receive for the pur- SEC. 8. REPORT. Endangered Species of Wild Fauna and Flora pose of movement, conveyance, carriage, or Not later than 1 year after the date of en- (27 UST 1087; TIAS 8249) (referred to in this shipment. actment of this Act, the Secretary, in co- operation with appropriate State agencies, section as ‘‘CITES’’); SEC. 5. PROHIBITED ACTS. shall submit to the Committee on Environ- (2) Article XIV of CITES provides that Par- (a) IN GENERAL.—Except as provided in ment and Public Works of the Senate and ties to CITES may adopt stricter domestic subsection (b), a person shall not— the Committee on Resources of the House of measures regarding the conditions for trade, (1) import into, or export from, the United Representatives a report detailing the taking, possession, or transport of species on States bear viscera or any product, item, or progress of efforts to end the illegal trade in Appendix I or II, and the Parties to CITES substance containing, or labeled or adver- bear viscera. adopted a resolution (Conf. 10.8) urging Par- tised as containing, bear viscera; or ties to take immediate action to demon- (2) sell or barter, offer to sell or barter, strably reduce the illegal trade in bear parts [From the Virginia Department of Game and purchase, possess, transport, deliver, or re- Inland Fisheries, Jan. 18, 1999] and derivatives; ceive, in interstate or foreign commerce, JOINT EFFORT TACKLES POACHERS, ILLEGAL (3) the Asian bear populations have de- bear viscera or any product, item, or sub- BEAR TRADE clined significantly in recent years, as a re- stance containing, or labeled or advertised as sult of habitat loss and poaching due to a containing, bear viscera. LURAY, VIRGINIA.—Earlier today, nearly 100 strong demand for bear viscera used in tradi- (b) EXCEPTION FOR WILDLIFE LAW ENFORCE- state and federal officers arrested almost tional medicines and cosmetics; MENT PURPOSES.—A person described in sub- three dozen defendants charged with more (4) Federal and State undercover oper- paragraph (B) or (C) of section 4(3) may im- than 150 state wildlife violations. Officers ex- ations have revealed that American bears port into, or export from, the United States, ecuted approximately a dozen search war- have been poached for their viscera; or transport between States, bear viscera or rants to further the investigation into the il- (5) while most American black bear popu- any product, item, or substance containing, legal trade of bear parts. The action is part lations are generally stable or increasing, or labeled or advertised as containing, bear of the continuing investigation Operation commercial trade could stimulate poaching viscera if the importation, exportation, or SOUP, or Special Operation to Uncover and threaten certain populations if the de- transportation— Poaching. The operation is expected to yield mand for bear viscera increases; and (1) is solely for wildlife law enforcement one of the largest prosecutions in the na- (6) prohibitions against the importation purposes; and tion’s history for crimes relating to bear into the United States and exportation from (2) is authorized by a valid permit issued poaching and illegal trade in bear parts. Op- the United States, as well as prohibitions under Appendix I or II of the Convention on eration SOUP is a joint effort of the Virginia

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5861 Department of Game and Inland Fisheries ties in Virginia, and near Petersburg, West of dollars in this country and thousands of (VDGIF), the National Park Service, and the Virginia. They were issued on a combination dollars in Asia. U.S. Fish & Wildlife Service. of homes, businesses and vehicles. Seized No charges have been filed against Operation SOUP’s three-year undercover were five vehicles, several freezers, and an Presgraves. investigation involves a three-pronged ap- assortment of bear parts, firearms, and cash. As bear populations dwindle in other parts proach targeting the commercialization of Federal felony indictments may be forth- of the world—victims of excessive hunting bear parts used in the jewelry trade; bear coming in the weeks and months ahead. and disappearing habitats—poaching has be- gall bladder and paw trafficking; and poach- Three arrests made on Monday have connec- come increasingly lucrative in North Amer- ing by individuals associated with specific tions with trafficking of bear parts. Addi- ica, where an estimated 400,000 bears live. groups suspected of supplying bear parts. In tional details will be released as they be- Each year, hundreds of bear carcasses turn addition to the arrests made today, more come available. up, intact except for missing gallbladders, misdemeanor and felony indictments may The third prong of Operation SOUP has paws and claws, according to testimony follow in the weeks and months ahead as this targeted the poachers themselves. These in- given to Congress. Gallbladders and the green bile they store joint effort identifies other individuals in- dividuals are associated with specific groups are prized in Asia, where they are used in volved in poaching and commercial traf- that are suspected of being a source of bear medicine to treat a variety of ailments, in- ficking of bear parts. By working together, parts for commercial trade. On Monday, 22 cluding heart disease and hangovers. Bear these government agencies have been able to individuals were arrested and charged with a paw soup is considered a delicacy in some increase their manpower and resources to total of 107 state wildlife violations. Al- Asian cultures and is sold—off the menu—in combat the illegal sale of bear parts. though bear may be legally taken in Virginia some restaurants for as much as $60 a bowl, A major aspect of the investigation focuses by legitimate sportsmen, these individuals investigators say. on the bear gall bladder trade. This world- are accused of using illegal hunting practices ‘‘People are willing to pay any amount of wide market is driven by the demand for its to harvest bears. Undercover investigations money [for a bear product] if they want it use in traditional Asian medicine. Since the in this portion of the operation indicated really bad,’’ said Andrea Gaski of the World substantial decline of the Asian bear popu- that some of these individuals may also have Wildlife Fund, which monitors bear poach- lations, the American black bear has been engaged in bear poaching within Shenandoah ing. targeted for this trade. One bear gall bladder National Park where it is unlawful to hunt. While bear hunting is legal in Virginia, it may sell overseas at auction for thousands of This is still under investigation and may re- is illegal, as in most states, to sell the ani- dollars. Dried and ground to a fine powder it sult in federal indictments for illegal hunt- mal’s body parts—including gallbladders, is sold by the gram at a street value greater ing within the park being passed down in the heads, hides, claws or teeth. Bear hunting is than cocaine. weeks or months ahead. not permitted in Maryland. Last year, Con- Details of Operation SOUP will be an- At the heart of Operation SOUP are con- gress considered, but did not pass, legislation nounced at a press conference to be held to- cerns about an international problem that aimed at halting the trade in bear organs. morrow, Tuesday, January 19, at 1 PM, at has a toehold in Virginia. The bear gall blad- In Virginia, hunters legally kill 600 to 900 the Shenandoah National Park administra- der trade is a worldwide industry driven by bears each hunting season. Officials say it is tive headquarters on U.S. Route 211 east of the demand for its use in traditional Asian unclear how many more of the population of Luray, Virginia and west of the Skyline medicine. Many people from Asian cultures about 4,000 bears are taken by poachers. In Drive. believe bear parts, particularly the gall blad- the most recent investigation, law enforce- der, have medicinal value for treating and ment officials seized about 300 gallbladders [From the Virginia Department of Game and preventing a variety of ailments. A single and arrested 25 people. They have been Island Fisheries, Jan. 19, 1999] gall bladder can be sold at auction overseas charged with offenses ranging from illegally buying wildlife parts, a felony, to mis- SUCCESSFUL JOINT EFFORT TACKLES for thousands of dollars. Dried, ground and demeanor hunting violations. Authorities POACHERS, ILLEGAL BEAR TRADE sold by the gram, bear gall bladders have a street value greater than cocaine. In this op- said that some of the charges stem from sell- LURAY VIRGINIA.—On Monday, January 18, eration, 300 gall bladders were purchased or ing jewelry made with bear claws or teeth, 1999, nearly 110 state and federal officers ar- seized with an estimated U.S. value of $75,000 while others target alleged traffickers in the rested 25 defendants charged with 112 wildlife and an international value of more than $3 bear organs. Officials say that some of the violations, and executed 14 search warrants million dollars. Bear paws also have high parts sold in Virginia are hunted legally. The as part of Operation SOUP, or ‘‘Special Oper- commercial value. Bear paws are purchased federal investigation is continuing. ation to Uncover Poaching’’. Operation The state and federal investigation in Vir- as an ingredient in Bear Paw Soup, consid- SOUP is a major, on-going, undercover inves- ginia began in 1996 when investigators began ered a delicacy in some ethnic Asian res- tigation into illegal hunting and commer- receiving tips from hunters about poaching taurants. A single bowl of this soup can sell cialization of American black bears in Vir- in and around Shenandoah National Park, for hundreds of dollars overseas. The serious ginia and in Shenandoah National Park. This officials said. decline in the Asian black bear population three-year investigation has been a joint op- Agents ultimately infiltrated the local has lead to the American black bear being eration of the Virginia Department of Game ring, accompanying poachers on hunts and targeted for this trade. The government and Inland Fisheries, the National Park posed as middlemen. agencies behind Operation SOUP are deeply Service, and the U.S. Fish & Wildlife Serv- ‘‘Some of those people were blatant enough concerned about these activities and will ice. Much of the investigation has been con- that if you left a business card saying, ‘‘I continue to investigate illegal bear poaching centrated in the Blue Ridge region of Vir- want to buy gallbladders,’ at a hunting and trafficking of bear parts. ginia. Upon its completion, Operation SOUP lodge, they would call you back,’’ said Don is expected to yield one of the largest pros- Patterson, a supervisor with the U.S. Fish [From the Washington Post, Feb. 16, 1999] ecutions in the nation’s history for crimes and Wildlife Service who helped lead the in- relating to bear poaching and illegal trade in BEAR POACHING ON RISE ON SHENANDOAH vestigation. bear parts. REGION According to documents filed in U.S. Dis- Operation SOUP utilizes a three-pronged (By Maria Glod and Leef Smith) trict Court in Roanoke, Pascale met six times during 1997 and 1998 with Bonnie Sue approach to combat this criminal activity. It was early January when the call came in and Danny Ray Baldwin at their home in The first has targeted the sale of bear parts, on Jeffrey Pascale’s unlisted phone line: The Sperryville, Va., to purchase bear gall- mostly claws and teeth, for use in the jew- goods were available. Was he interested? bladders and paws. elry trade. Sales of intact bear paws used to A date was set, and Pascale agreed to meet During the course of his investigation, ac- make ashtrays and other trinkets also fall James Presgraves at a roadside dinner in cording to the affidavit filed in support of a into this category. This investigation has Stanley, Va. The deal was completed several search warrant application, the Baldwins confirmed that in Virginia there is active miles away at Presgrave’s home, where he told Pascale they had been in business for 13 trade in bear parts used for jewelry. Inde- allegedly removed an assortment of bear years, selling about 300 gallbladders annually pendent of yesterday’s arrests, over the last gallbladders from the freezer and Pascale, an to customers in Maryland, New York and the eight months 12 individuals have been ar- undercover U.S. Park Ranger, paid him $925 District. rested and charged with 94 counts of buying for six of the golf ball-size organs. According to court records, the Baldwins or selling bear parts in violation of state The purchase of the bear organs was docu- said they obtained their bear parts from sev- law. mented last month in affidavits filed in U.S. eral sources including hunt clubs, farmers The second prong of Operation SOUP has District Court in Roanoke in support of and orchards, as well as from the bears that targeted trafficking of gall bladders and fro- search warrants and signaled to the close of Danny Baldwin bagged by hunting or trap- zen bear paws. This aspect of the investiga- a three-year state and federal investigation ping. tion has confirmed that significant trade in into what authorities said was a highly prof- No charges have been filed against the gall bladders and bear paws out of Virginia itable loosely organized bear-poaching ring Baldwins. exists, including from bears within and operating in Virginia’s Blue Ridge moun- Investigators compare the illegal trade in around Shenandoah National Park. tains. Instead of killing the bears just for bear parts to drug trafficking, saying the To further this portion of the investiga- their meat and fur, officials said, poachers poachers typically work through a middle- tion, 11 federal search warrants were exe- were harvesting the animals for their paws man who delivers the gallbladders and paws cuted in Madison and Rappanhannock Coun- and gallbladders, which can sell for hundreds to either local or overseas Asian markets.

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5862 CONGRESSIONAL RECORD — SENATE May 24, 1999 Nationwide, federal authorities have inter- (d) working with traditional-medicine There being no objection, the bill was cepted 70 shipments of bear parts headed to communities to reduce demand for bear ordered to be printed in the RECORD, as Asian markets in the past five years, accord- parts and derivatives, including the active follows: ing to U.S. Fish and Wildlife officials. promotion of research on and use of alter- ‘‘If you don’t watch this situation and keep natives and substitutes that do not endanger S. 1110 your fingers on the pulse, you can quickly other wild species; and Be it enacted by the Senate and House of Rep- look at it and say, ‘Where did [the bears] all (e) developing programmes in co-operation resentatives of the United States of America in go?’ ’’ said William Woodfin, director of the with traditional-medicine communities and Congress assembled, Virginia Department of Game and Inland conservation organizations to increase pub- SECTION 1. SHORT TITLE. Fisheries. ‘‘We have an obligation to future lic awareness and industry knowledge about This Act may be cited as the ‘‘National In- generations to make sure the black bear will the conservation concerns associated with stitute of Biomedical Imaging and Engineer- be there for them to enjoy.’’ the trade in bear specimens and the need for ing Establishment Act’’. stronger domestic trade controls and con- SEC. 2. FINDINGS. CONF. 10.8—CONSERVATION OF AND TRADE IN servation measures; and The Congress makes the following findings: BEARS Calls upon all governments and intergov- (1) Basic research in imaging, bio- Aware that all populations of bear species ernmental organizations, international aid engineering, computer science, informatics, are included either in Appendix I or Appen- agencies and non-governmental organiza- and related fields is critical to improving dix II of the Convention; tions to provide, as a matter of urgency, health care but is fundamentally different Recognizing that bears are native to Asia, funds and other assistance to stop the illegal from the research in molecular biology on Europe, North America and South America trade in bear parts and derivatives and to en- which the current national research insti- and, therefore, the issue of bear conservation sure the survival of all bear species. tutes at the National Institutes of Health is a global one; (referred to in this section as the ‘‘NIH’’) are Noting that the continued illegal trade in By Mr. LOTT: based. To ensure the development of new parts and derivatives of bear species under- S. 1110. A bill to amend the Public techniques and technologies for the 21st cen- mines the effectiveness of the Convention Health Service Act to establish the Na- tury, these disciplines therefore require an and that if CITES Parties and States not- tional Institute of Biomedical Imaging identity and research home at the NIH that party do not take action to eliminate such and Engineering; to the Committee on is independent of the existing institute trade, poaching may cause declines of wild structure. bears that could lead to the extirpation of Health, Education, Labor, and Pen- sions. (2) Advances based on medical research certain populations or even species; promise new, more effective treatments for a Recognizing that long-term solutions for NATIONAL INSTITUTE OF BIOMEDICAL IMAGING wide variety of diseases, but the develop- the protection and conservation of bears re- AND ENGINEERING ESTABLISHMENT ACT ment of new, noninvasive imaging tech- quire the adoption of substantive and meas- Mr. LOTT. Mr. President, I am niques for earlier detection and diagnosis of urable actions; disease is essential to take full advantage of The Conference of the Parties to the Con- pleased to introduce today the Na- such new treatments and to promote the vention urges all Parties, particularly bear tional Institute of Biomedical Imaging general improvement of health care. range and consuming countries, to take im- and Engineering Establishment Act. (3) The development of advanced genetic mediate action in order to demonstrably re- The bill would create a concentrated and molecular imaging techniques is nec- duce the illegal trade in bear parts and de- focus at the National Institutes of essary to continue the current rapid pace of rivatives by the 11th meeting of the Con- Health (NIH) on biomedical imaging discovery in molecular biology. ference of the Parties, by: and bioengineering. (4) Advances in telemedicine, and teleradi- (a) confirming, adopting or improving Imaging has been on the forefront of ology in particular, are increasingly impor- their national legislation to control the im- tant in the delivery of high quality, reliable port and export of bear parts and derivatives, many of our advances in early diag- medical care to rural citizens and other un- ensuring that the penalties for violations are nosis and treatment of disease. Innova- derserved populations. To fulfill the promise sufficient to deter illegal trade; tive technologies have greatly reduced of telemedicine and related technologies (b) increasing CITES enforcement by pro- the need for invasive surgery and pro- fully, a structure is needed at the NIH to viding additional resources, nationally and vided a remarkable tool for early de- support basic research focused on the acqui- internationally, for wildlife trade controls; tection of disease. Breakthroughs in sition, transmission, processing, and optimal (c) strengthening measures to control ille- imaging research have direct applica- gal export as well as import of bear parts and display of images. derivatives; tion to advances in molecular biology (5) A number of Federal departments and (d) initiating or encouraging new national and molecular genetics, accelerating agencies support imaging and engineering efforts in key producers and consumer coun- the development of new gene therapies research with potential medical applica- tries to identify, target and eliminate illegal and genetic screening. tions, but a central coordinating body, pref- markets; Despite the revolutionary influence erably housed at the NIH, is needed to co- (e) developing international training pro- ordinate these disparate efforts and facili- of imaging on both research and treat- tate the transfer of technologies with med- grammes on enforcement of wildlife laws for ment, the NIH traditionally has not field personnel, with a specific focus on bear ical applications. parts and derivatives, and exchanging field concentrated basic research efforts on (6) Several breakthrough imaging tech- techniques and intelligence; and the imaging sciences. The bill I am in- nologies, including magnetic resonance im- (f) developing bilateral and regional agree- troducing today ensures that research aging (MRI) and computed tomography (CT), ments for conservation and law enforcement is not only focused in this important have been developed primarily abroad, in efforts; field, but that its applications are dis- large part because of the absence of a home Recommends that all Parties review and seminated across disease fields. The at the NIH for basic research in imaging and related fields. The establishment of a central strengthen measures, where necessary, to en- bill also encourages information shar- force the provisions of the Convention relat- focus for imaging and bioengineering re- ing to specimens of species included in Ap- ing among federal agencies. Many search at the NIH would promote both sci- pendices I and II, where bear parts and de- agencies, such as NASA, do basic imag- entific advance and U.S. economic develop- rivatives are concerned; ing research. We should be committed ment. Recommends further that Parties and to ensuring that all advances that have (7) At a time when a consensus exists to States not-party, as a matter of urgency, ad- applications in our fight against dis- add significant resources to the NIH in com- dress the issues of illegal trade in bear parts ease are shared with our medical com- ing years, it is appropriate to modernize the and derivatives by: munity. structure of the NIH to ensure that research dollars are expended more effectively and ef- (a) strengthening dialogue between govern- I am proud of the commitment that ment agencies, industry, consumer groups ficiently and that the fields of medical and conservation organizations to ensure this Congress has made to the National science that have contributed the most to that legal trade does not provide a conduit Institutes of Health. We have dem- the detection, diagnosis, and treatment of for illegal trade in parts and derivatives of onstrated our determination to provide disease in recent years receive appropriate Appendix-I bears and to increase public increased federal resources in the fight emphasis. awareness of CITES trade controls; against disease. I believe that the es- (8) The establishment of a National Insti- (b) encouraging bear range and consumer tablishment of a National Institute of tute of Biomedical Imaging and Engineering countries that are not party to CITES to ac- Biomedical Imaging and Engineering at the NIH would accelerate the development cede to the Convention as a matter of ur- of new technologies with clinical and re- gency; will compliment those efforts. search applications, improve coordination (c) providing funds for research on the sta- Mr. President, I ask unanimous con- and efficiency at the NIH and throughout the tus of endangered bears, especially Asian sent that the text of the bill be printed Federal Government, reduce duplication and species; in the RECORD. waste, lay the foundation for a new medical

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5863 information age, promote economic develop- other agencies of the National Institutes of medical Imaging and Engineering in accord- ment, and provide a structure to train the Health and with related activities of other ance with section 406 of the Public Health young researchers who will make the path- Federal agencies. Service Act and in accordance with section breaking discoveries of the next century. ‘‘(c) ADVISORY COUNCIL.—The establish- 464Z of such Act (as added by subsection (a) SEC. 3. ESTABLISHMENT OF NATIONAL INSTI- ment under section 406 of an advisory coun- of this section). TUTE OF BIOMEDICAL IMAGING AND cil for the Institute is subject to the fol- (e) CONFORMING AMENDMENT.—Section ENGINEERING. lowing: 401(b)(1) of the Public Health Service Act (42 (a) IN GENERAL.—Part C of title IV of the ‘‘(1) The number of members appointed by U.S.C. 281(b)(1)) is amended by adding at the Public Health Service Act (42 U.S.C. 285 et the Secretary shall be 12. end the following: seq.) is amended by adding at the end the fol- ‘‘(2) Of such members— ‘‘(R) The National Institute of Biomedical lowing: ‘‘(A) 6 members shall be scientists, engi- Imaging and Engineering.’’. neers, physicians, and other health profes- ‘‘Subpart 18—National Institute of SEC. 4. EFFECTIVE DATE. Biomedical Imaging and Engineering sionals who represent disciplines in bio- medical imaging and engineering and who This Act shall take effect on October 1, ‘‘SEC. 464Z. PURPOSE OF THE INSTITUTE. are not officers or employees of the United 1999, or upon the date of the enactment of ‘‘(a) IN GENERAL.—The general purpose of States; and this Act, whichever occurs later. the National Institute of Biomedical Imag- ‘‘(B) 6 members shall be scientists, engi- ing and Engineering (in this section referred neers, physicians, and other health profes- By Mr. BOND: to as the ‘Institute’) is the conduct and sup- sionals who represent other disciplines and port of research, training, the dissemination S. 1111. A bill to provide continuing are knowledgeable about the applications of of health information, and other programs authorization for a National Con- biomedical imaging and engineering in medi- with respect to biomedical imaging, bio- ference on Small Business, and for cine, and who are not officers or employees medical engineering, and associated tech- other purposes; to the Committee on of the United States. nologies and modalities with biomedical ap- Small Business. ‘‘(3) EX OFFICIO MEMBERS.—In addition to plications (in this section referred to as ‘bio- the ex officio members specified in section NATIONAL CONFERENCE ON SMALL BUSINESS ACT medical imaging and engineering’). 406(b)(2), the ex officio members of the advi- ‘‘(b) NATIONAL BIOMEDICAL IMAGING AND EN- Mr. BOND. Mr. President, it is with sory council shall include the Director of the GINEERING PROGRAM.— great pleasure that I am introducing Centers for Disease Control and Prevention, ‘‘(1) ESTABLISHMENT.—The Director of the the ‘‘National Conference on Small the Director of the National Science Founda- Institute, with the advice of the Institute’s Business Act.’’ This bill is designed to advisory council, shall establish a National tion, and the Director of the National Insti- tute of Standards and Technology (or the create a permanent independent com- Biomedical Imaging and Engineering Pro- mission that will carry-on the extraor- gram (in this section referred to as the ‘Pro- designees of such officers). ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— gram’). dinary work that has been accom- ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(2) ACTIVITIES.—Activities under the Pro- plished by three White House Con- for the purpose of carrying out this section: gram shall include the following with re- ferences on Small Business. ‘‘(A) For fiscal year 2000, there is author- spect to biomedical imaging and engineer- ized to be appropriated an amount equal to For the past 15 years, small busi- ing: the amount obligated by the National Insti- nesses have been the fastest growing ‘‘(A) Research into the development of new tutes of Health during fiscal year 1999 for sector of the U.S. economy. When large techniques and devices. biomedical imaging and engineering, except businesses were restructuring and lay- ‘‘(B) Related research in physics, engineer- that such amount shall be adjusted to offset ing, mathematics, computer science, and ing off significant numbers of workers, any inflation occurring after October 1, 1998. other disciplines. small businesses not only filled the ‘‘(B) For each of the fiscal years 2001 and ‘‘(C) Technology assessments and outcomes gap, but their growth actually caused a 2002, there is authorized to be appropriated studies to evaluate the effectiveness of bio- net increase in new jobs. Today, small an amount equal to the amount appropriated logics, materials, processes, devices, proce- under subparagraph (A) for fiscal year 2000, businesses employ 55% of all workers dures, and informatics. except that such amount shall be adjusted in the United States and they generate ‘‘(D) Research in screening for diseases and for the fiscal year involved to offset any in- 50% of the gross domestic product. disorders. flation occurring after October 1, 1999. Were it not for small businesses, our ‘‘(E) The advancement of existing imaging ‘‘(2) REDUCTION.—The authorization of ap- and engineering modalities, including imag- country could not have experienced the propriations for a fiscal year under para- ing, biomaterials, and informatics. sustained economic upsurge that has graph (1) is hereby reduced by the amount of ‘‘(F) The development of target-specific been ongoing since 1992. any appropriation made for such year for the agents to enhance images and to identify and conduct or support by any other national re- Because small businesses play such a delineate disease. search institute of any program with respect significant role in our economy, in ‘‘(G) The development of advanced engi- to biomedical imaging and engineering.’’. both rural towns and bustling inner neering and imaging technologies and tech- (b) USE OF EXISTING RESOURCES.—In pro- cities, I believe it is important that the niques for research from the molecular and viding for the establishment of the National Federal government sponsor a national genetic to the whole organ and body levels. Institute of Biomedical Imaging and Engi- ‘‘(H) The development of new techniques conference every four years to high- neering pursuant to the amendment made by light the successes of small businesses and devices for more effective interventional subsection (a), the Director of the National procedures (such as image-guided interven- Institutes of Health (referred to in this sub- and to focus national attention on the tions). section as the ‘‘NIH’’)— problems that may be hindering the ‘‘(3) PLAN.— (1) may transfer to the National Institute ability of small businesses to start up ‘‘(A) IN GENERAL.—With respect to the Pro- of Biomedical Imaging and Engineering such and grow. gram, the Director of the Institute shall pre- personnel of the NIH as the Director deter- Small business ownership is, has pare and transmit to the Secretary and the mines to be appropriate; Director of NIH a plan to initiate, expand, been, and will continue to be the dream (2) may, for quarters for such Institute, of millions of Americans. Countries intensify, and coordinate activities of the In- utilize such facilities of the NIH as the Di- stitute with respect to biomedical imaging rector determines to be appropriate; and from all over the world send delega- and engineering. The plan shall include such (3) may obtain administrative support for tions to the United States to study comments and recommendations as the Di- the Institute from the other agencies of the why our system of small business own- rector of the Institute determines appro- NIH, including the other national research ership is so successful, all the while priate. The Director of the Institute shall pe- institutes. looking for a way to duplicate our suc- riodically review and revise the plan and (c) CONSTRUCTION OF FACILITIES.—None of cess in their countries. Because we see shall transmit any revisions of the plan to the provisions of this Act or the amendments and experience the successes of small the Secretary and the Director of NIH. made by the Act may be construed as au- ‘‘(B) RECOMMENDATIONS.—The plan under thorizing the construction of facilities, or businesses on a daily basis, it is easy to subparagraph (A) shall include the rec- the acquisition of land, for purposes of the lose sight of the very special thing we ommendations of the Director of the Insti- establishment or operation of the National have going for us in the United tute with respect to the following: Institute of Biomedical Imaging and Engi- States—where each of us can have the ‘‘(i) Where appropriate, the consolidation neering. opportunity to own and run our own of programs of the National Institutes of (d) DATE CERTAIN FOR ESTABLISHMENT OF business. Health for the express purpose of enhancing ADVISORY COUNCIL.—Not later than 90 days support of activities regarding basic bio- after the effective date of this Act, the Sec- The ‘‘National Conference on Small medical imaging and engineering research. retary of Health and Human Services shall Business Act’’ is designed to capture ‘‘(ii) The coordination of the activities of complete the establishment of an advisory and focus our attention on small busi- the Institute with related activities of the council for the National Institute of Bio- ness every four years. In this way, we

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At the same time, and just as will be the Chief Counsel for Advocacy 10,000,000. important, every four years we will from SBA. The Chief Counsel and the SEC. 4. PURPOSES OF NATIONAL CONFERENCES. have an opportunity to learn from Office of Advocacy will serve as a The purposes of each National Conference small businesses in each state what is major resource to the National Com- shall be— not going well for them—such as, ac- mission, and in turn, to the small busi- (1) to increase public awareness of the con- tions by the Federal government that ness delegates, by providing them with tribution of small business to the Nation’s hinder small business growth or state both substantive background informa- economy; (2) to identify the problems of small busi- and local regulations that are a deter- tion and other administrative mate- rials in support of the State and Na- ness; rent to starting a business. (3) to examine the status of minorities and My bill creates an independent, bi- tional Conferences. Mr. President, small businesses gen- women as small business owners; partisan National Commission on (4) to assist small business in carrying out Small Business, which will be made up erally do not have the resources to its role as the Nation’s job creator; of 8 small business advocates and the maintain full time representatives to (5) to assemble small businesses to develop Small Business Administration’s Chief lobby our Federal government. They such specific and comprehensive rec- Counsel for Advocacy. Every four are too busy running their businesses ommendations for legislative and regulatory years, during the first year following a to devote much attention to educating action as may be appropriate for maintain- government officials as to what is ing and encouraging the economic viability presidential election, the President going well, what is going poorly, and of small business and thereby, the Nation; will name two National Commis- what needs improvement for the small and sioners. In the U.S. Senate and the business community. The National (6) to review the status of recommenda- House of Representatives, the Majority tions adopted at the immediately preceding Conference on Small Business will give Leader of each body will name two Na- National Conference on Small Business. small businesses an opportunity every SEC. 5. CONFERENCE PARTICIPANTS. tional Commissioners and the Minority four years to make its mark on the (a) IN GENERAL.—To carry out the purposes Leaders will each name one. Congress and the Executive Branch. I Widespread participation from small specified in section 4, the National Commis- urge each of my colleagues to review businesses in each state will contribute sion shall conduct National and State Con- this proposal, and I hope they will to the work leading up to the National ferences to bring together individuals con- agree to join me as cosponsors of the cerned with issues relating to small business. Conference. Under the bill, the Na- ‘‘National Conference on Small Busi- (b) CONFERENCE DELEGATES.— tional Conference will take place one ness Act.’’ (1) APPOINTMENTS.—Only individuals who year after the National Commissioners I ask unanimous consent that the are owners or officers of a small business are appointed. The first act of the Com- full text of the bill and the section-by- shall be eligible for appointment as delegates missioners will be to request that each section analysis be printed in the (or alternates) to the National and State Governor and each U.S. Senator name Conferences pursuant to this subsection, and RECORD. such appointments shall consist of— a small business delegate and alternate There being no objection, the mate- delegate from their respective states to (A) 1 delegate (and 1 alternate) appointed rial was ordered to be printed in the by each Governor of each State; the National Convention. Each U.S. RECORD, as follows: (B) 1 delegate (and 1 alternate) appointed Representative will name a small busi- Be it enacted by the Senate and House of Rep- by each Member of the House of Representa- ness delegate and alternative from his resentatives of the United States of America in tives, from the congressional district of that or her Congressional district. And the Congress assembled, Member; President will name a delegate and al- SECTION 1. SHORT TITLE. (C) 1 delegate (and 1 alternate) appointed ternate from each state. This Act may be cited as the ‘‘National by each Member of the Senate from the The small business delegates will Conference on Small Business Act’’. home State of that Member; and play a major role leading up to the Na- SEC. 2. DEFINITIONS. (D) 50 delegates (and 50 alternates) ap- tional Conference on Small Business. In this Act— pointed by the President, 1 from each State. (1) the term ‘‘Administrator’’ means the (2) POWERS AND DUTIES.—Delegates to each There will be at least one meeting of Administrator of the Small Business Admin- National Conference— the delegates at their respective State istration; (A) shall attend the State conferences in Conferences. We will be looking to the (2) the term ‘‘Chief Counsel’’ means the his or her respective State; small business delegates to develop and Chief Counsel for Advocacy of the Small (B) shall conduct meetings and other ac- highlight issues of critical concern to Business Administration; tivities at the State level before the date of small businesses. The work at the state (3) the term ‘‘National Commission’’ means the National Conference, subject to the ap- level by the small business delegates the National Commission on Small Business proval of the National Commission; and will need to be thorough and thought- established under section 6; (C) shall direct such State level con- (4) the term ‘‘National Conference’’— ferences, meetings, and activities toward the ful to make the National Conference a (A) means the National Conference on consideration of the purposes of the National success. Small Business conducted under section 3(a); Conference specified in section 4, in order to My goal will be for the small business and prepare for the next National Conference. delegates to think broadly, that is, to (B) includes the last White House Con- (3) ALTERNATES.—Alternates shall serve think ‘‘out of the box.’’ Their attention ference on Small Business occurring before during the absence or unavailability of the should include but not be restricted to 2002; delegate. the traditional issues associated with (5) the term ‘‘small business’’ has the (c) ROLE OF THE CHIEF COUNSEL.—The Chief small business concerns, such as access meaning given the term ‘‘small business con- Counsel for Advocacy of the Small Business Administration shall, after consultation and to capital, tax reform and regulatory cern’’ under section 3 of the Small Business Act; in coordination with the National Commis- reform. In my role as Chairman of the (6) the term ‘‘State’’ means any of the 50 sion, assist in carrying out the National and Committee on Small Business, I will States of the United States; and State Conferences required by this Act by— urge the delegates to focus on a wide (7) the term ‘‘State Conference’’ means a (1) preparing and providing background in- array of issues that impact signifi- State Conference on Small Business con- formation and administrative materials for cantly on small businesses, including ducted under section 3(b). use by participants in the conferences; the importance of a solid education and SEC. 3. NATIONAL AND STATE CONFERENCES ON (2) distributing issue information and ad- the need for skilled, trained workers. SMALL BUSINESS. ministrative communications, electronically Once the small business delegates are (a) NATIONAL CONFERENCES.—There shall be where possible through an Internet web site a National Conference on Small Business and e-mail, and in printed form if requested; selected, the National Commission on once every 4 years, to be held during the sec- and Small Business will serve as a resource ond year following each Presidential elec- (3) maintaining an Internet site and reg- to the delegates for issue development tion, to carry out the purposes specified in ular e-mail communications after each Na- and for planning the State Conferences. section 4. tional Conference to inform delegates and

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the public of the status of recommendations (e) PLANNING AND ADMINISTRATION OF CON- presidential election. Prior to the National and related governmental activity. FERENCES.—In carrying out the National and Conference, there will be State Conferences (d) EXPENSES.—Each delegate (and alter- State Conferences required by this Act, the for the delegates in each state. nate) to each National and State Conference National Commission shall consult with the Section 4. Purposes of National Conferences. shall be responsible for his or her expenses Office of Advocacy of the Small Business Ad- This section sets forth the reasons for hav- related to attending the conferences, and ministration, the Congress, and such other ing a National Conference on Small Busi- shall not be reimbursed either from funds ap- Federal agencies as it deems appropriate. ness. propriated pursuant to this section or the EPORTS EQUIRED (f) R R .—Not later than 6 Section 5. Conference Participants. Small Business Act. months after the date on which each Na- Subsection (a) directs the National Com- (e) ADVISORY COMMITTEE.— tional Conference is convened, the National mission to conduct National and State Con- (1) IN GENERAL.—The National Commission Commission shall submit to the President ferences to bring together individuals inter- shall appoint a Conference Advisory Com- and to the chairpersons and ranking minor- ested in issues affecting small businesses. mittee consisting of 10 individuals who were ity Members of the Committees on Small participants at the last preceding National Subsection (b) sets forth the procedures for Business of the Senate and the House of Rep- selecting delegates to the State and National Conference. resentatives a final report, which shall— (2) PREFERENCE.—Preference for appoint- Conferences. A delegates must be an owner (1) include the findings and recommenda- or officer of a small business. The Governors ment under this subsection shall be given to tions of the National Conference and any those who have been active participants in and U.S. Senators will each appoint a dele- proposals for legislative action necessary to gate and alternative delegate from their re- the implementation process following the implement those recommendations; and prior National Conference. spective states. U.S. Representatives will (2) be made available to the public. (f) PUBLIC PARTICIPATION.—National and each appoint a delegate and alternate from (g) QUORUM.—4 voting members of the Na- State Conferences shall be open to the pub- their respective congressional districts, and tional Commission shall constitute a quorum lic, and no fee or charge may be imposed on the President will appoint a delegate and al- for purposes of transacting business. such attendee, other than an amount nec- ternate from each state. The delegates will (h) MEETINGS.—The National Commission essary to cover the cost of any meal pro- be able to conduct meetings and will attend shall meet not later than 20 calendar days vided, plus a registration fee to defray the a State Conference in their respective states after the appointment of all members, and at expense of meeting rooms and materials of before the National Conference is held. least every 30 calendar days thereafter. not to exceed $15 per person. Subsection (c) describes the role of SBA’s (i) VACANCIES.—Any vacancy of the Na- SEC. 6. NATIONAL COMMISSION ON SMALL BUSI- Chief Counsel for Advocacy. tional Commission shall not affect its pow- NESS. Subsection (d) explains that the delegates ers, but shall be filled in the manner in (a) ESTABLISHMENT.—There is established will be responsible for their own expenses which the original appointment was made. the National Commission on Small Business. and will not be reimbursed from appro- (j) EXECUTIVE DIRECTOR AND STAFF.—The (b) MEMBERSHIP.— priated funds. National Commission may appoint and com- (1) APPOINTMENT.—The National Commis- Subsection (e) directs the National Com- pensate an Executive Director and such sion shall be composed of 9 members, includ- mission to appoint an Advisory Committee other personnel to conduct the National and ing— of 10 persons who were participants at the State Conferences as it may deem advisable, (A) the Chief Counsel for Advocacy of the last preceding National Conference. without regard to title 5, United States Small Business Administration; Subsection (f) states that all State and Na- Code, governing appointments in the com- (B) 2 members appointed by the President; tional Conferences will be open to the public petitive service, and without regard to chap- (C) 2 members appointed by the majority and no fee greater than $15 can be charged to ter 51 and subchapter III of chapter 53 of such leader of the Senate; people who wish to attend a conference. (D) 1 member appointed by the minority title, relating to classification and General Section 6. National Commission on Small Business. leader of the Senate; Schedule pay rates, except that the rate of (E) 2 members appointed by the majority pay for the Executive Director and other per- Subsection (a) authorizes the establish- leader of the House of Representatives; and sonnel may not exceed the rate payable for ment of a National Commission on Small (F) 1 member appointed by the minority level V of the Executive Schedule under sec- Business. leader of the House of Representatives. tion 5316 of such title. Subsection (b) defines the membership of the National Commission. It will include the (2) SELECTION.—Members of the National (k) FUNDING.—Members of the National Commission shall be selected among distin- Commission shall be allowed travel expenses, SBA Chief Counsel for Advocacy, 2 members guished individuals noted for their knowl- including per diem in lieu of subsistence at appointed by the President, 3 members from edge and experience in fields relevant to the rates authorized for employees of agencies the Senate (2 majority, 1 minority), and 3 issue of small business and the purposes of under subchapter I of chapter 57 of title 5, members from the House of Representatives this Act. United States Code, while away from their (2 majority, 1 minority). The appointments (3) TIME OF APPOINTMENT.—The appoint- homes or regular places of business in the will be made 1 year before the opening date ments required by paragraph (1) shall be performance of services for the National of the National Conference and will expire 9 made 1 year before the opening date of each Commission. months after the National Conference has concluded. National Conference, and shall expire 9 SEC. 7. AUTHORIZATION OF APPROPRIATIONS; months after the date on which each Na- AVAILABILITY OF FUNDS. Subsection (c) sets forth the election of a tional Conference is convened. (a) AUTHORIZATION OF APPROPRIATIONS.— Chairperson. (c) ELECTION OF CHAIRPERSON.—At the first There are authorized to be appropriated to Subsection (d) permits the National Com- meeting of each National Commission, a ma- carry out each National and State Con- mission to enter into contracts with public jority of the members of the National Com- ference required by this Act, $5,000,000, which agencies, private organizations, academic in- mission present and voting shall elect the shall remain available until expended. New stitutions, and independent, nonpartisan or- Chairperson of the National Commission. spending authority or authority to enter ganizations to carry out the State and Na- (d) POWERS AND DUTIES OF COMMISSION.— contracts as provided in this Act shall be ef- tional Conferences. The National Commission— fective only to such extent and in such Subsection (e) directs the National Com- (1) may enter into contracts with public amounts as are provided in advance in appro- mission to consult with the Office of Advo- agencies, private organizations, and aca- priation Acts. cacy at SBA, Congress, and Federal agencies demic institutions to carry out this Act; in carrying out the State and National Con- (b) SPECIFIC EARMARK.—No amount made (2) shall consult, coordinate, and contract available to the Small Business Administra- ferences. with an independent, nonpartisan organiza- tion may be made available to carry out this Subsection (f) requires that the National tion that— Act, other than amounts made available spe- Commission submit a report to the Chairmen (A) has both substantive and logistical ex- cifically for the purpose of conducting the and Ranking minority Members of the Sen- perience in developing and organizing con- National Conferences. ate and House Committees on Small Busi- ferences and forums throughout the Nation ness within 6 months after the conclusion of with elected officials and other government the National Conference. NATIONAL CONFERENCE ON SMALL BUSINESS and business leaders; Subsection (g) establishes a quorum of 4 ACT—SECTION-BY-SECTION (B) has experience in generating private re- members of the National Commission for source from multiple States in the form of Section 1. Short Title. purposes of transacting business. event sponsorships; and The name of the Act will be the ‘‘National Subsection (h) requires the National Com- (C) can demonstrate evidence of a working Conference on Small Business Act.’’ mission to hold its first meeting within 20 relationship with Members of Congress from Section 2. Definitions. days after the appointment of all members the majority and minority parties, and at This section defines key words and terms and at least every 30 days thereafter. least 1 Federal agency; and included in the bill. Subsection (i) states that vacancies on the (3) shall prescribe such financial controls Section 3. National And State Conferences on Small National Commission will be filled in the and accounting procedures as needed for the Business. same manner as the original appointments handling of funds from fees and charges and This section states that a National Con- were made. the payment of authorized meal, facility, ference on Small Business will occur every Subsection (j) authorizes the National travel, and other related expenses. four years during the second year after a Commission to hire an Executive Director

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5866 CONGRESSIONAL RECORD — SENATE May 24, 1999 and the staff necessary to conduct the State CEPA would change the answers to pose to our children may very well and National Conferences. those questions from ‘‘no’’ to ‘‘yes.’’ It hurt them. It would require EPA to Subsection (k) authorizes the National would childproof our environmental apply caution in the face of that uncer- Commission to reimburse its members for travel expenses, including per diem. laws. CEPA is based on the premise tainty. And, ultimately, it would Section 7. Authorization of Appropriations; Avail- that what we don’t know about the childproof our environmental laws to ability of Funds. dangers toxic and harmful substances ensure that those laws protect the This section authorizes $5 million to cover pose to our children may very well most vulnerable among us—our chil- all expense incurred under this Act. It states hurt them. dren. that funds from SBA may not support the CEPA would require the Environ- I am hopeful that my House and Sen- Act unless specifically earmarked for that mental Protection Agency (EPA) to set purpose. ate colleagues can act quickly to en- environmental and public health stand- sure the passage of my legislation. By Mrs. BOXER (for herself and ards to protect children. It would spe- I ask unanimous consent that the Mr. LAUTENBERG): cifically require EPA to explicitly con- full text of my legislation be printed in S. 1112. A bill to protect children and sider the dangers that toxic and harm- the RECORD. other vulnerable subpopulations from ful substances pose to children when There being no objection, the bill was exposure to environmental pollutants, setting those standards. Finally, if ordered to be printed in the RECORD, as to protect children from exposure to EPA discovers that it does not have follows: pesticides in schools, and to provide specific data that would allow it to S. 1112 parents with information concerning measure those dangers, EPA would be Be it enacted by the Senate and House of Rep- toxic chemicals that pose risks to chil- required to apply an additional safety resentatives of the United States of America in dren, and for other purposes; to the factor—an additional measure of cau- Congress assembled, Committee on Environment and Public tion—to account for that lack of infor- SECTION 1. SHORT TITLE. Works. mation. This Act may be cited as the ‘‘Children’s CHILDREN’S ENVIRONMENTAL PROTECTION ACT As work would move forward under Environmental Protection Act.’’ Mrs. BOXER. Mr. President, today I CEPA to childproof our environmental SEC. 2. ENVIRONMENTAL PROTECTION FOR am pleased to introduce a bill to pro- standards, CEPA would provide parents CHILDREN AND OTHER VULNER- tect children from the dangers posed by ABLE SUBPOPULATIONS. and teachers with a number of tools to The Toxic Substances Control Act (15 pollution and toxic chemicals in our immediately protect their children U.S.C. 2601 et. seq.) is amended by adding at environment. My Children’s Environ- from toxic and harmful substances. the end the following: mental Protection Act (CEPA) is based First, CEPA would require EPA to ‘‘TITLE V—ENVIRONMENTAL PROTECTION on the understanding that children are provide all schools and day care cen- FOR CHILDREN AND OTHER VULNER- more vulnerable to those dangers than ters that receive federal funding a copy ABLE SUBPOPULATIONS adults, and require special protection. of EPA’s guide to help schools adopt a ‘‘SEC. 501. FINDINGS AND POLICY. In fact, we know that the physiology least toxic pest management policy. ‘‘(a) FINDINGS.—Congress finds that— of children and their exposure patterns CEPA would also prohibit the use of ‘‘(1) the protection of public health and to toxic and harmful substances differ dangerous pesticides—those containing safety depends on individuals and govern- from that of adults, and make them known or probable carcinogens, repro- ment officials being aware of the pollution more susceptible to the dangers posed ductive toxins, acute nerve toxins and dangers that exist in their homes, schools, by those substances than adults. Chil- endocrine disrupters—in those areas. and communities, and whether those dangers dren face greater exposure to such sub- Under CEPA, parents would also re- present special threats to the health of chil- dren and other vulnerable subpopulations; stances because they eat more food, ceive advance notification before pes- drink more water, and breathe more ‘‘(2) children spend much of their young ticides are applied on school or day lives in schools and day care centers, and air as a percentage of their body care center grounds. weight than adults. Children are also may face significant exposure to pesticides Second, CEPA would expand the fed- and other environmental pollutants in those rapidly growing, and therefore physio- eral Toxics Release Inventory (TRI) to locations; logically more vulnerable to such sub- require the reporting of toxic chemical ‘‘(3) the metabolism, physiology, and diet stances than adults. releases that may pose special risks to of children, and exposure patterns of chil- How is this understanding that chil- children. In particular, CEPA provides dren to environmental pollutants differ from dren suffer higher risks from the dan- those of adults and can make children more that releases of small amounts of lead, gers posed by toxic and harmful sub- susceptible than adults to the harmful ef- mercury, dioxin, cadmium and chro- stances than adults taken into account fects of environmental pollutants; in our environmental and public health mium be reported under TRI. These ‘‘(4) a study conducted by the National standards? Do we gather and consider chemicals are either highly toxic, per- Academy of Sciences that particularly con- data that specifically evaluates how sist in the environment or can accumu- sidered the effects of pesticides on children concluded that current approaches to assess- those substances affect children? late in the human body over many years—all features which render them ing pesticide risks typically do not consider If that data is lacking, do we apply risks to children and, as a result, current extra caution when we determine the particularly dangerous to children. Lead, for example, will seriously af- standards and tolerances often fail to ade- amount of toxics that can be released quately protect children; into the air and water, the level of fect a child’s development, but is still ‘‘(5) there are often insufficient data to en- harmful contaminants that may be released into the environment through able the Administrator, when establishing a present in our drinking water, or the lead smelting and waste incineration. environmental and public health standard amount of pesticides that may be CEPA would then require EPA to iden- for an environmental pollutant, to evaluate present in our food? tify other toxic chemicals that may the special susceptibility or exposure of chil- In most cases, the answer to all of present special risks to children, and to dren to environmental pollutants; ‘‘(6) when data are lacking to evaluate the these questions is ‘‘no.’’ provide that releases of those chemi- cals be reported under TRI. special susceptibility or exposure of children In fact, most of these standards are to an environmental pollutant, the Adminis- designed to protect adults rather than Finally, CEPA would direct EPA to trator generally does not presume that the children. In most cases, we don’t even create a list of recommended safer-for- environmental pollutant presents a special have the data that would allow us to children products that minimize poten- risk to children and generally does not apply measure how those substances specifi- tial risks to children. CEPA would also a special or additional margin of safety to cally affect children. And, finally, in require EPA to create a family right- protect the health of children in establishing the face of that uncertainty, we gen- to-know information kit that would in- an environmental or public health standard erally assume that what we don’t know clude practical suggestions to help par- for that pollutant; and about the dangers toxic and harmful ents reduce their children’s exposure to ‘‘(7) safeguarding children from environ- mental pollutants requires the systematic substances pose to our children won’t toxic and harmful substances in the en- collection of data concerning the special sus- hurt them. vironment. ceptibility and exposure of children to those We generally don’t apply extra cau- My CEPA bill is based on the premise pollutants, and the adoption of an additional tion to take account of that uncer- that what we don’t know about the safety factor of at least 10-fold in the estab- tainty. dangers toxic and harmful substances lishment of environmental and public health

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5867 standards where reliable data are not avail- ‘‘SEC. 503. SAFEGUARDING CHILDREN AND greater risk to children’s health than the en- able. OTHER VULNERABLE SUBPOPULA- vironmental and public health standards TIONS. ‘‘(b) POLICY.—It is the policy of the United identified by the Children’s Environmental States that— ‘‘(a) IN GENERAL.—The Administrator Health Protection Advisory Committee. shall— ‘‘(1) the public has the right to be informed ‘‘(3) REPORT.—Not later than 1 year after about the pollution dangers to which chil- ‘‘(1) ensure that each environmental and the date of enactment of this title and annu- dren are being exposed in their homes, public health standard for an environmental ally thereafter, the Administrator shall sub- schools and communities, and how those pollutant protects children and other vulner- mit a report to Congress describing the dangers may present special health threats able subpopulations with an adequate mar- progress made by the Administrator in car- to children and other vulnerable subpopula- gin of safety; rying out this subsection. tions; ‘‘(2) explicitly evaluate data concerning the special susceptibility and exposure of ‘‘SEC. 504. PROTECTING CHILDREN FROM EXPO- ‘‘(2) each environmental and public health SURE TO PESTICIDES IN SCHOOLS. standard for an environmental pollutant es- children to any environmental pollutant for which an environmental or public health ‘‘(a) IN GENERAL.—Each school and day tablished by the Administrator must, with care center that receives Federal funding an adequate margin of safety, protect chil- standard is established; and ‘‘(3) adopt an additional margin of safety of shall— dren and other vulnerable subpopulations; ‘‘(1) take steps to reduce the exposure of ‘‘(3) where data sufficient to evaluate the at least 10-fold in the establishment of an en- vironmental or public health standard for an children to pesticides on school grounds, special susceptibility and exposure of chil- both indoors and outdoors; and dren (including exposure in utero) to an envi- environmental pollutant in the absence of reliable data on toxicity and exposure of the ‘‘(2) provide parents with advance notifica- ronmental pollutant are lacking, the Admin- tion of any pesticide application on school istrator should presume that the environ- child to an environmental pollutant or if there is a lack of reliable data on the suscep- grounds in accordance with subsection (b). mental pollutant poses a special risk to chil- ‘‘(b) LEAST TOXIC PEST CONTROL STRAT- dren and should apply an appropriate addi- tibility of the child to an environmental pol- lutant for which the environmental and pub- EGY.— tional margin of safety of at least 10-fold in ‘‘(1) IN GENERAL.—The Administrator shall establishing an environmental or public lic health standard is being established. ‘‘(b) ESTABLISHING, MODIFYING, OR RE- distribute to each school and day care center health standard for that environmental pol- EVALUATING ENVIRONMENTAL AND PUBLIC the current manual of the Environmental lutant; HEALTH STANDARDS.— Protection Agency that guides schools and ‘‘(4) since it is difficult to identify all con- ‘‘(1) IN GENERAL.—In establishing, modi- day care centers in the establishment of a ceivable risks and address all uncertainties fying, or reevaluating any environmental or least toxic pest control strategy. associated with pesticide use, the use of dan- public health standard for an environmental ‘‘(2) LIST.—Not later than 180 days after gerous pesticides in schools and day care pollutant under any law administered by the the date of enactment of this Act and annu- centers should be eliminated; and Administrator, the Administrator shall take ally thereafter, the Administrator shall pro- ‘‘(5) the Environmental Protection Agency, into consideration available information vide each school and day care center with a the Department of Health and Human Serv- concerning— list of pesticides that contain a substance ices (including the National Institute of En- ‘‘(A) all routes of children’s exposure to that the Administrator has identified as a vironmental Health Sciences and the Agency that environmental pollutant; known or probable carcinogen, a develop- for Toxic Substances and Disease Registry), ‘‘(B) the special susceptibility of children mental or reproductive toxin, a category I or the National Institutes of Health, and other to the environmental pollutant, including II acute nerve toxin, or a known or suspected Federal agencies should support research on neurological differences between children endocrine disrupter as identified by the en- the short-term and long-term health effects and adults, the effect of in utero exposure to docrine disrupter screening program of the of cumulative and synergistic exposures of that environmental pollutant, and the cumu- Environmental Protection Agency. children and other vulnerable subpopulations lative effect on a child of exposure to that ‘‘(3) PROHIBITION OF PESTICIDE APPLICA- to environmental pollutants. environmental pollutant and other sub- TION.—Effective beginning on the date that ‘‘SEC. 502. DEFINITIONS. stances having a common mechanism of tox- is 2 years after the date of enactment of this ‘‘In this title: icity. Act, any school or day care center that re- ‘‘(1) CHILD.—The term ‘child’ means an in- ‘‘(2) ADDITIONAL SAFETY MARGIN.—If any of ceives Federal funding shall not apply any dividual 18 years of age or younger. the data described in paragraph (1) are not pesticide described in paragraph (2), either ‘‘(2) DAY CARE CENTER.—The term ‘day care available, the Administrator shall, in com- indoors or outdoors. center’ means a center-based child care pro- pleting a risk assessment, risk characteriza- ‘‘(4) EMERGENCY EXEMPTION.— vider that is licensed, regulated, or reg- tion, or other assessment of risk underlying ‘‘(A) IN GENERAL.—An administrator of a istered under applicable State or local law. an environmental or public health standard, school or day care center may suspend the ‘‘(3) ENVIRONMENTAL POLLUTANT.—The adopt an additional margin of safety of at prohibition under paragraph (3) for a period term ‘environmental pollutant’ includes a least 10-fold to take into account potential of not more than 14 days if the administrator hazardous substance subject to regulation pre-natal and post-natal toxicity of an envi- determines that a pest control emergency under the Comprehensive Environmental Re- ronmental pollutant, and the completeness poses an imminent threat to the health and sponse, Compensation, and Liability Act of of data concerning the exposure and toxicity safety of the school or day care center com- 1980 (42 U.S.C. 9601), a drinking water con- of an environmental pollutant to children. munity. taminant subject to regulation under the ‘‘(c) IDENTIFICATION AND REVISION OF CUR- ‘‘(B) NOTICE.— Safe Drinking Water Act (42 U.S.C. 300f et RENT ENVIRONMENTAL AND PUBLIC HEALTH ‘‘(i) IN GENERAL.—Prior to exercising the seq), an air pollutant subject to regulation STANDARDS THAT PRESENT SPECIAL RISKS TO authority under this paragraph, an adminis- under the Clean Air Act (42 U.S.C. 7401 et CHILDREN.— trator shall give notice to the board of the seq.), a water pollutant subject to regulation ‘‘(1) IN GENERAL.—Not later than 1 year school or day care center of the reasons for under the Federal Water Pollution Control after the date of enactment of this title and finding that a pest control emergency exists. Act (33 U.S.C. 1251 et seq.), and a pesticide annually thereafter, based on the rec- ‘‘(ii) ACTION TAKEN.—An administrator subject to regulation under the Federal In- ommendations of the Children’s Environ- that exercises the authority under subpara- secticide, Fungicide, and Rodenticide Act (7 mental Health Protection Advisory Com- graph (A) shall report any action taken by U.S.C. 136 et seq.). mittee established under section 507, the Ad- personnel or outside contractors in response ‘‘(4) PESTICIDE.—The term ‘pesticide’ has ministrator shall— to the pest control emergency to the board the meaning given the term in section 2 of ‘‘(A) repromulgate, in accordance with this of the school or day care center at the next the Federal Insecticide, Fungicide, and section, at least 3 of the environmental and scheduled meeting of the board. Rodenticide Act (7 U.S.C. 136). public health standards identified by the ‘‘(c) PARENTAL NOTICE PRIOR TO ANY PES- ‘‘(5) SCHOOL.—The term ‘school’ means an Children’s Environmental Health Protection TICIDE APPLICATION.— elementary school (as defined in section Advisory Committee as posing a special risk ‘‘(1) IN GENERAL.—An administrator of the 14101 of the Elementary and Secondary Edu- to children; or school or day care center shall provide writ- cation Act of 1965 (20 U.S.C. 8801)), a sec- ‘‘(B) publish a finding in the Federal Reg- ten notice to parents not later than 72 hours ondary school (as defined in section 14101 of ister that provides the Administrator’s basis before any indoor or outdoor pesticide appli- that Act), a kindergarten, or a nursery for declining to repromulgate at least 3 of cation on the grounds of the school or day school that is public or receives Federal the environmental and public health stand- care center. funding. ards identified by the Children’s Environ- ‘‘(2) CONTENTS OF NOTICE.—A notice under ‘‘(6) VULNERABLE SUBPOPULATION.—The mental Health Protection Advisory Com- this subsection shall include a description of term ‘vulnerable subpopulation’ means chil- mittee as posing a special risk to children. the intended area of application and the dren, pregnant women, the elderly, individ- ‘‘(2) DETERMINATION BY ADMINISTRATOR.—If name of each pesticide to be applied. uals with a history of serious illness, and the Administrator makes the finding de- ‘‘(3) FORM.—A pesticide notice under this other subpopulations identified by the Ad- scribed in paragraph (1)(B), the Adminis- subsection may be incorporated into any no- ministrator as being likely to experience trator shall repromulgate in accordance with tice that is being sent to parents at the time special health risks from environmental pol- this section at least 3 environmental and the pesticide notice is required to be sent. lutants. public health standards determined to pose a ‘‘(4) WARNING SIGN.—

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‘‘(A) IN GENERAL.—An administrator of a ‘‘(II) any chemical or group of chemicals by the Administrator in order to better pro- school or day care center shall post at any that, despite a failure to meet the specific tect children’s health. area in the area of the school or day care persistence or bioaccumulation measuring ‘‘(d) TERMINATION.—The Committee shall center where a pesticide is to be applied a criteria described in subclause (I), can be terminate not later than 15 years after the warning sign that is consistent with the reasonably expected to degrade into a sub- date on which the Committee is established. label of the pesticide and prominently dis- stance meeting those criteria; and ‘‘SEC. 508. AUTHORIZATION OF APPROPRIATIONS. plays the term ‘warning’, ‘danger’, or ‘poi- ‘‘(III) lead, mercury, dioxin, cadmium, and There are authorized to be appropriated son’. chromium and pollutants that are bio- such sums as are necessary to carry out this ‘‘(B) PERIOD OF DISPLAY.—During the pe- accumulative chemicals of concern listed in title.’’. riod that begins not less than 24 hours before subparagraph (A) of table 6 of the tables to the application of a pesticide and ends not part 132 of title 40, Code of Federal Regula- f less than 72 hours after the application, a tions. ADDITIONAL COSPONSORS sign under this subparagraph shall be dis- ‘‘(iii) THRESHOLD.—The Administrator played in a location where it is visible to all shall establish a threshold for each toxic S. 285 individuals entering the area. chemical described in clause (ii) at a level At the request of Mr. MCCAIN, the ‘‘SEC. 505. SAFER ENVIRONMENT FOR CHILDREN. that shall ensure reporting for at least 80 name of the Senator from Utah (Mr. ‘‘(a) IN GENERAL.—Not later than 1 year percent of the aggregate of all releases of the BENNETT) was added as a cosponsor of after the date of enactment of this title, the chemical from facilities that— S. 285, a bill to amend title II of the So- Administrator shall— ‘‘(I) have 10 or more full-time employees; and cial Security Act to restore the link ‘‘(1) identify environmental pollutants between the maximum amount of earn- commonly used or found in areas that are ‘‘(II) are in Standard Industrial Classifica- reasonably accessible to children; tion Codes 20 through 39 or in the Standard ings by blind individuals permitted ‘‘(2) create a scientifically peer reviewed Industrial Classification Codes under sub- without demonstrating ability to en- list of substances identified under paragraph section (b)(1)(B). gage in substantial gainful activity and (1) with known, likely, or suspected health ‘‘(iv) ADDITIONAL FACILITIES.—If the Ad- the exempt amount permitted in deter- risks to children; ministrator determines that a facility other mining excess earnings under the earn- ‘‘(3) create a scientifically peer reviewed than a facility described in clause (iii) con- ings test. list of safer-for-children substances and tributes substantially to total releases of S. 299 products recommended by the Administrator toxic chemicals described in clause (ii), the for use in areas that are reasonably acces- Administrator shall require that facility to At the request of Mr. BAUCUS, his sible to children that, when applied as rec- comply with clause (iii).’’. name was added as a cosponsor of S. ommended by the manufacturer, will mini- SEC. 4. RESEARCH TO IMPROVE INFORMATION 299, a bill to elevate the position of Di- mize potential risks to children from expo- ON THE EFFECTS OF ENVIRON- rector of the Indian Health Service sure to environmental pollutants; MENTAL POLLUTANTS ON CHIL- DREN. within the Department of Health and ‘‘(4) establish guidelines to help reduce and The Toxic Substances Control Act (15 Human Services to Assistant Secretary eliminate exposure of children to environ- U.S.C. 2601 et seq.) (as amended by section 2) for Indian Health, and for other pur- mental pollutants in areas reasonably acces- is amended by adding at the end the fol- sible to children, including advice on how to poses. lowing: establish an integrated pest management S. 331 ‘‘SEC. 506. RESEARCH TO IMPROVE INFORMATION program; EFFORDS ON THE EFFECTS OF ENVIRON- At the request of Mr. J , the ‘‘(5) create a family right-to-know infor- MENTAL POLLUTANTS ON CHIL- name of the Senator from Indiana (Mr. mation kit that includes a summary of help- DREN. LUGAR) was added as a cosponsor of S. ful information and guidance to families, ‘‘(a) EXPOSURE AND TOXICITY DATA.—The 331, a bill to amend the Social Security such as the information created under para- Administrator, the Secretary of Agriculture, graph (3), the guidelines established under Act to expand the availability of and the Secretary of Health and Human health care coverage for working indi- paragraph (4), information on the potential Services shall coordinate and support the de- health effects of environmental pollutants, velopment and implementation of basic and viduals with disabilities, to establish a practical suggestions on how parents may re- applied research initiatives to examine the Ticket to Work and Self-Sufficiency duce their children’s exposure to environ- health effects and toxicity of pesticides (in- Program in the Social Security Admin- mental pollutants, and other relevant infor- cluding active and inert ingredients) and istration to provide such individuals mation, as determined by the Administrator other environmental pollutants on children with meaningful opportunities to work, in cooperation with the Director of the Cen- and other vulnerable subpopulations, and the and for other purposes. ters for Disease Control and Prevention; exposure of children and vulnerable sub- S. 434 ‘‘(6) make all information created pursuant populations to environmental pollutants. to this subsection available to Federal and ‘‘(b) BIENNIAL REPORTS.—The Adminis- At the request of Mr. BREAUX, the State agencies, the public, and on the Inter- trator, the Secretary of Agriculture, and the name of the Senator from Massachu- net; and Secretary of Health and Human Services setts (Mr. KERRY) was added as a co- ‘‘(7) review and update the lists created shall submit biennial reports to Congress de- sponsor of S. 434, a bill to amend the under paragraphs (2) and (3) at least once scribing actions taken to carry out this sec- Internal Revenue Code of 1986 to sim- each year.’’. tion.’’. plify the method of payment of taxes SEC. 3. ADDITIONAL REPORTING OF TOXIC SEC. 5. CHILDREN’S ENVIRONMENTAL HEALTH on distilled spirits. CHEMICAL RELEASES THAT AFFECT PROTECTION ADVISORY COM- CHILDREN. MITTEE. S. 511 Section 313(f)(1) of the Emergency Plan- The Toxic Substances Control Act (15 At the request of Mr. MCCAIN, the ning and Community Right-to-Know Act of U.S.C. 2601 et seq.) (as amended by section 4) name of the Senator from Alaska (Mr. 1986 (42 U.S.C. 11023(f)(1)) is amended by add- is amended by adding at the end the fol- STEVENS) was added as a cosponsor of ing at the end the following: lowing: S. 511, a bill to amend the Voting Ac- ‘‘(C) CHILDREN’S HEALTH.— ‘‘SEC. 507. CHILDREN’S ENVIRONMENTAL HEALTH ‘‘(i) IN GENERAL.—With respect to each of PROTECTION ADVISORY COM- cessibility for the Elderly and Handi- the toxic chemicals described in clause (ii) MITTEE. capped Act to ensure the equal right of that are released from a facility, the amount ‘‘(a) ESTABLISHMENT.—The Administrator individuals with disabilities to vote, described in clause (iii). shall establish a Children’s Environmental and for other purposes. ‘‘(ii) CHEMICALS.—Not later than 2 years Health Protection Advisory Committee to S. 512 after the date of enactment of this subpara- assist the Administrator in carrying out this graph, the Administrator shall identify each title. At the request of Mr. GORTON, the toxic chemical that the Administrator deter- ‘‘(b) COMPOSITION.—The Committee shall be names of the Senator from Utah (Mr. mines may present a significant risk to chil- comprised of medical professionals special- BENNETT), the Senator from Massachu- dren’s health or the environment due to the izing in pediatric health, educators, rep- setts (Mr. KERRY), and the Senator potential of that chemical to bioaccumulate, resentatives of community groups, rep- from North Dakota (Mr. DORGAN) were disrupt endocrine systems, remain in the en- resentatives of environmental and public added as cosponsors of S. 512, a bill to vironment, or other characteristics, includ- health nonprofit organizations, industry rep- amend the Public Health Service Act ing— resentatives, and State environmental and to provide for the expansion, inten- ‘‘(I) any chemical or group of chemicals public health department representatives. that persists in any environmental medium ‘‘(c) DUTIES.—Not later than 2 years after sification, and coordination of the ac- for at least 60 days (as defined by half life) or the date of enactment of this title and annu- tivities of the Department of Health that have bioaccumulation or bioconcentra- ally thereafter, the Committee shall develop and Human Services with respect to re- tion factors greater than 1,000; a list of standards that merit reevaluation search on autism.

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S. 514 S. 800 S. 1022 At the request of Mr. COCHRAN, the At the request of Mr. BURNS, the At the request of Mr. DORGAN, the name of the Senator from South Da- names of the Senator from Mississippi name of the Senator from South Da- kota (Mr. JOHNSON) was added as a co- (Mr. LOTT) and the Senator from Flor- kota (Mr. JOHNSON) was added as a co- sponsor of S. 514, a bill to improve the ida (Mr. MACK) were added as cospon- sponsor of S. 1022, a bill to authorize National Writing Project. sors of S. 800, a bill to promote and en- the appropriation of an additional S. 542 hance public safety through the use of $1,700,000,000 for fiscal year 2000 for At the request of Mr. ABRAHAM, the 9-1-1 as the universal emergency assist- health care for veterans. name of the Senator from Colorado ance number, further deployment of S. 1033 (Mr. CAMPBELL) was added as a cospon- wireless 9-1-1 service, support of States At the request of Mrs. FEINSTEIN, the sor of S. 542, a bill to amend the Inter- in upgrading 9-1-1 capabilities and re- name of the Senator from California nal Revenue Code of 1986 to expand the lated functions, encouragement of con- (Mrs. BOXER) was added as a cosponsor deduction for computer donations to struction and operation of seamless, of S. 1033, a bill to amend title IV of schools and allow a tax credit for do- ubiquitous, and reliable networks for the Social Security Act to coordinate nated computers. personal wireless services, and for the penalty for the failure of a State to S. 573 other purposes. operate a State child support disburse- At the request of Mr. KENNEDY, the S. 834 ment unit with the alternative penalty name of the Senator from South Da- At the request of Mr. CAMPBELL, the procedure for failures to meet data kota (Mr. JOHNSON) was added as a co- name of the Senator from Florida (Mr. processing requirements. sponsor of S. 573, a bill to provide indi- MACK) was added as a cosponsor of S. S. 1063 viduals with access to health informa- 834, a bill to withhold voluntary pro- At the request of Ms. COLLINS, the tion of which they are a subject, ensure portional assistance for programs and name of the Senator from Maine (Ms. personal privacy with respect to projects of the International Atomic SNOWE) was added as a cosponsor of S. health-care- related information, im- Energy Agency relating to the develop- 1063, a bill to amend title XVIII of the pose criminal and civil penalties for ment and completion of the Bushehr Social Security Act to provide for a unauthorized use of protected health nuclear power plant in Iran, and for special rule for long existing home information, to provide for the strong other purposes. health agencies with partial fiscal year enforcement of these rights, and to S. 836 1994 cost reports in calculating the per protect States’ rights. At the request of Mr. SPECTER, the beneficiary limits under the interim S. 622 name of the Senator from Hawaii (Mr. payment system for such agencies. ENNEDY NOUYE At the request of Mr. K , the I ) was added as a cosponsor of S. S. 1070 name of the Senator from Florida (Mr. 836, a bill to amend the Public Health At the request of Mr. BOND, the name GRAHAM) was added as a cosponsor of S. Service Act, the Employee Retirement of the Senator from Alaska (Mr. STE- 622, a bill to enhance Federal enforce- Income Security Act of 1974, and the VENS) was added as a cosponsor of S. ment of hate crimes, and for other pur- Internal Revenue Code of 1986 to re- 1070, a bill to require the Secretary of poses. quire that group health plans and Labor to wait for completion of a Na- S. 632 health insurance issuers provide tional Academy of Sciences study be- At the request of Mr. DEWINE, the women with adequate access to pro- fore promulgating a standard, regula- name of the Senator from Minnesota viders of obstetric and gynecological tion or guideline on ergonomics. (Mr. WELLSTONE) was added as a co- services. S. 1077 sponsor of S. 632, a bill to provide as- S. 848 At the request of Mr. SCHUMER, the sistance for poison prevention and to At the request of Mrs. FEINSTEIN, the names of the Senator from North Da- stabilize the funding of regional poison name of the Senator from California kota (Mr. CONRAD) and the Senator control centers. (Mrs. BOXER) was added as a cosponsor from Montana (Mr. BAUCUS) were added S. 676 of S. 848, a bill to designate a portion of as cosponsors of S. 1077, a bill to dedi- At the request of Mr. CAMPBELL, the the Otay Mountain region of California cate the new Amtrak station in New names of the Senator from Georgia as wilderness. York, New York, to Senator DANIEL (Mr. CLELAND) and the Senator from S. 880 PATRICK MOYNIHAN. Florida (Mr. MACK) were added as co- At the request of Mr. INHOFE, the sponsors of S. 676, a bill to locate and names of the Senator from Alabama SENATE CONCURRENT RESOLUTION 9 At the request of Ms. SNOWE, the secure the return of Zachary Baumel, a (Mr. SHELBY), and the Senator from name of the Senator from Iowa (Mr. citizen of the United States, and other Utah (Mr. BENNETT) were added as co- Israeli soldiers missing in action. sponsors of S. 880, a bill to amend the HARKIN) was added as a cosponsor of Senate Concurrent Resolution 9, a con- S. 680 Clean Air Act to remove flammable current resolution calling for a United At the request of Mr. HATCH, the fuels from the list of substances with name of the Senator from Massachu- respect to which reporting and other States effort to end restrictions on the freedoms and human rights of the setts (Mr. KERRY) was added as a co- activities are required under the risk sponsor of S. 680, a bill to amend the management plan program enclaved people in the occupied area of Cyprus. Internal Revenue Code of 1986 to per- S. 895 SENATE RESOLUTION 84 manently extend the research credit, At the request of Mr. LIEBERMAN, the and for other purposes. name of the Senator from California At the request of Ms. SNOWE, the S. 693 (Mrs. FEINSTEIN) was added as a co- name of the Senator from Maine (Ms. At the request of Mr. HELMS, the sponsor of S. 895, a bill to provide for COLLINS) was added as a cosponsor of name of the Senator from Kentucky the establishment of Individual Devel- Senate Resolution 84, a resolution to (Mr. BUNNING) was added as a cosponsor opment Accounts (IDAs) that will designate the month of May, 1999, as of S. 693, a bill to assist in the enhance- allow individuals and families with ‘‘National Alpha 1 Awareness Month.’’ ment of the security of Taiwan, and for limited means an opportunity to accu- SENATE RESOLUTION 95 other purposes. mulate assets, to access education, to At the request of Mr. THURMOND, the S. 749 own their own homes and businesses, name of the Senator from California At the request of Mr. KENNEDY, the and ultimately to achieve economic (Mrs. BOXER) was added as a cosponsor name of the Senator from Washington self-sufficiency, and for other purposes. of Senate Resolution 95, a resolution (Mrs. MURRAY) was added as a cospon- S. 924 designating August 16, 1999, as ‘‘Na- sor of S. 749, a bill to establish a pro- At the request of Mr. NICKLES, the tional Airborne Day.’’ gram to provide financial assistance to name of the Senator from Texas (Mr. SENATE RESOLUTION 99 States and local entities to support GRAMM) was added as a cosponsor of S. At the request of Mr. REID, the name early learning programs for prekinder- 924, a bill entitled the ‘‘Federal Roy- of the Senator from Illinois (Mr. DUR- garten children, and for other purposes. alty Certainty Act.’’ BIN) was added as a cosponsor of Senate

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5870 CONGRESSIONAL RECORD — SENATE May 24, 1999 Resolution 99, a resolution designating through this question about Slobodan ship was committing unspeakable hor- November 20, 1999, as ‘‘National Sur- Milosevic and why we are involved in rors against the ethnic Albanians, vivors for Prevention of Suicide Day.’’ an air campaign in that part of the which, in my judgment, brands him a f world. war criminal. These are gruesome pictures, and I In fact, former Secretary of State SENATE RESOLUTION 105—EX- will only put one of these photos on the Lawrence Eagleburger, who has a long PRESSING THE SENSE OF THE easel. But all of these people have and distinguished career, said in 1992 SENATE RELATING TO CONSID- names and have lives and have the that Mr. Milosevic was a war criminal. ERATION OF SLOBODAN human suffering that is visited upon And it is now 1999. Thousands have lost MILOSEVIC AS A WAR CRIMINAL them by Slobodan Milosevic. One mil- their lives; a million to a million and a Mr. DORGAN (for himself, Mrs. FEIN- lion to 1.5 million people have been half people have been driven from their STEIN, and Mr. SPECTER) submitted the evicted from their homes and commu- homes; and the human misery visited following resolution; which was re- nities. Homes have been burned, and on innocent men, women, and children ferred to the Committee on Foreign innocent civilians have been raped and by this leader, Slobodan Milosevic, Relations: beaten. Thousands have been mas- ought to persuade this country imme- S. RES. 105 sacred, and thousands more have been diately to press for his indictment and Whereas the International Criminal Tri- packed into train cars, reminiscent of conviction—immediately—not tomor- bunal for the former Yugoslavia (in this res- the Jews who were hauled to the ovens row, not next week, now. olution referred to as the ‘‘International by the Nazis in the 1940s. This country has an obligation to do Criminal Tribunal’’) has not sought indict- This country and our allies decided that with our NATO allies. ment of Serbian President Slobodan we do not want history to record us as I am submitting another resolution Milosevic for war crimes committed by saying it doesn’t matter. There is a today, and the resolution is very sim- Yugoslav and Serbian military and para- moral imperative for us, where we can, ple. military forces in Bosnia; when we can to take steps to stop eth- It says: Whereas Serbian military and para- nic cleansing, to stop the genocide, to military forces have undertaken a massive It is the sense of the Senate that the Presi- ethnic cleansing campaign that has dis- stop someone like Slobodan Milosevic. dent should publicly declare as a matter of placed more than one million Kosovar Alba- So we commenced the airstrikes. United States policy that the United States nians; The very purpose of those airstrikes considers Slobodan Milosevic to be a war Whereas Serbian military and para- is underlined by the understanding criminal. And we urge the chief prosecutor of military forces have conducted a systematic that Mr. Milosevic is committing hor- the International Criminal Tribunal to seek immediately an indictment of Slobodan effort to strip Kosovar Albanians of their rible war crimes against these ethnic identity by confiscating passports, birth cer- Milosevic for war crimes and to prosecute Albanians. They have been driven from him to the fullest extent of international tificates, employment records, driver’s li- their homeland and subjected to rape, censes, and other documents of identifica- law. tion; torture, and genocide at the hands of We have a responsibility to do this. Whereas the International Criminal Tri- the troops commanded by Mr. The failure to do this, and a resulting bunal has collected evidence of summary Milosevic. negotiated settlement at some point executions, mass detentions, torture, rape, The question for these children and down the line that would leave beatings, and other war crimes; these innocent victims is: Shall we, as Slobodan Milosevic in power, would be, Whereas in 1992, the then-Secretary of a country, push to have Mr. Milosevic in my judgment, a tragic mistake. In State Lawrence Eagleburger identified tried in the International Criminal Tri- Slobodan Milosevic as a war criminal; or out of power, this leader ought to be bunal for the former Yugoslavia? branded a war criminal. Whether we Whereas the statute governing the Inter- The Tribunal exists for a very spe- national Criminal Tribunal requires that the apprehend him or not, he ought to be cific purpose. Should this country not office of the prosecutor need only determine indicted and tried, in absentia, if nec- be pressing very aggressively to have that a prima facie case exists in order to essary, with all of the evidence, includ- this leader, Mr. Milosevic, indicted and seek indictment; ing the graphic pictorial evidence and convicted of war crimes? Whereas the House of Representatives and all of the statements that have been the Senate have previously passed resolu- We made a mistake, in my judgment, made by the folks who are pouring into tions condemning Serbian police actions in with respect to Iraq. Saddam Hussein these refugee camps. Kosovo and calling for Yugoslav leader was never tried for war crimes. He I am not going to describe those Slobodan Milosevic to be indicted for war committed many. He is one of the few statements, but last Wednesday the crimes; leaders in the world who has murdered Whereas the Administration has made no State Department released a tape people in his own homeland with weap- public attempt to urge the International verifying many of those statements. It ons of mass destruction, but we did not Criminal Tribunal to seek an indictment brings tears to your eyes instantly to press for his conviction in an inter- against Slobodan Milosevic, despite the ne- understand the unspeakable horrors cessity of NATO air strikes to respond to his national tribunal. So now, instead of that have been visited upon these peo- campaign of genocide: Now, therefore, be it being a convicted war criminal, Sad- ple. Resolved, dam Hussein is still in power. SECTION 1. SENSE OF SENATE. I understand that perhaps we would f It is the sense of the Senate that the Presi- not have been able to arrest him, but SENATE RESOLUTION 106—TO EX- dent should— at least in absentia evidence could be PRESS THE SENSE OF THE SEN- (1) publicly declare, as a matter of United presented to say that this is a war States policy, that the United States con- ATE REGARDING ENGLISH PLUS siders Slobodan Milosevic to be a war crimi- criminal. OTHER LANGUAGES This monster, Slobodan Milosevic, nal; and Mr. DOMENICI (for himself, Mr. KEN- and the despicable acts committed in (2) urge the chief prosecutor of the Inter- NEDY, Mr. MCCAIN, Mr. HATCH, Mrs. his name by his troops, ought to per- national Criminal Tribunal to seek imme- HUTCHISON, Mr. DEWINE, Mr. CHAFEE, diately an indictment of Slobodan Milosevic suade our country to support his in- Mr. LUGAR, Mr. ABRAHAM, Mr. for war crimes and to prosecute him to the dictment and conviction in the Inter- fullest extent of international law. SANTORUM, and Mr. WARNER) submitted national Tribunal, which exists for the following resolution; which was re- Mr. DORGAN. Mr. President, I am that purpose. ferred to the Committee on Health, today submitting a resolution that will Why would we not do that? I am told Education, Labor, and Pensions: express the sense of the Senate that that, at some point there has to be a Slobodan Milosevic should be tried as a settlement to end this war, and those S. RES. 106 war criminal. My colleague, Senator who are involved in the settlement do Whereas English is the most widely used language in the areas of finance, trade, tech- SPECTER, and others, have also talked not want to be negotiating with a con- nology, diplomacy, and entertainment, and about this at some length on the floor victed war criminal. That doesn’t make is the living library of the last 100 years of of the Senate in recent months. any sense to me. The very reason for scientific and technological advance; It is important, given where we are launching the airstrikes was that this Whereas there are more speakers of with the airstrikes in Kosovo, to think person and the troops under his leader- English as a second language in the world

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5871 than there are native English speakers, and should be preserved, encouraged, and uti- advances. There is no doubt that the large number of English language lized, as the languages were used during English is as close as any language in schools around the world demonstrates that World War II when the Navajo Code Talkers history to becoming the world’s domi- English is as close as any language has been created a code that could not be broken by nant language. to becoming the world’s common language; the Japanese or the Germans; Whereas Spanish exploration in the New Whereas it is clearly in the interest of the As Americans, we have always valued World began in 1512 when Ponce de Leon ex- United States to encourage educational op- our ‘‘melting pot’’ ideal. The business plored the Florida peninsula, and included portunity for and the human potential of all of this country is conducted in English, the expeditions of Francisco Coronado citizens, and to take steps to realize the op- and there is much pride in the ability throughout California to Kansas and across portunity and potential; to speak English as well as to read and Arizona, New Mexico, Texas, and Oklahoma Whereas a skilled labor force is crucial to write in one’s native language. Those from 1540 to 1542; the competitiveness of the Nation in today’s who know English and have mastered Whereas in 1998 the Nation commemorated global economy, foreign language skills are a the 400th anniversary of the first Spanish tremendous resource to the United States, another language or two have a dis- Settlement of the Southwest (Ohkay Yunge and such foreign language skill enhances tinct advantage in a more competitive at San Juan Pueblo, New Mexico) with offi- American competitiveness in global markets world. cial visits from Spain, parades, fiestas, by permitting improved communication and As the son of an Italian immigrant, I masses, and other celebrations to emphasize understanding; and can personally testify to the impor- the importance of the first encounters with Whereas knowledge of other languages and American Indian cultures and the subse- tance of the concept of English Plus. other cultures is known to enhance the My father did not read or write in quent importance of encounters with other United States diplomatic efforts by fostering European cultures; greater communication and understanding English, yet he insisted that I learn Whereas El Paso, Texas, the first gateway between nations, and can promote greater English first and do my best at speak- for Spanish explorers in the Southwest, also understanding between different ethnic and ing and writing Italian. My parents celebrated its Quadricentennial commemo- racial groups within the United States: Now, both spoke Spanish—a skill which they rating the 400th anniversary of the coloniza- therefore, be it found very useful in establishing a tion expedition of Don Juan Onate in New Resolved, That the United States Govern- wholesale grocery business in Albu- Mexico and Texas along the Camino Real; ment should pursue policies that— querque. Whereas Hispanic culture, customs, and (1) support and encourage Americans to the Spanish language are a vital source of fa- master the English language plus other lan- Tens of thousands of New Mexico milial and individual strength; guages of the world, with special emphasis families still speak Spanish at home. Whereas the Bureau of the Census esti- on the growing importance of the Spanish Spanish remains a strong tie to their mates that 1 in 5 Americans will be of His- language for our Nation’s economic and cul- culture, music, history, and folklore. panic descent by the year 2030, and the fu- tural relationships with Mexico, Central After decades of being taught to learn ture cultural, political, and economic America, and South America; English first, many thousands of New strengths of this country are clearly depend- (2) recognize the value of the Spanish lan- ent upon our Nation’s ability to harness the Mexico’s Hispanic families also speak guage to millions of Americans of Hispanic Spanish fluently. talents and skills of this large and growing descent, who will be the Nation’s largest mi- segment of the American population; nority by the year 2005, and will constitute In New Mexico, 1998 marked the 400th Whereas one of the common bonds of His- one of every four Americans by the year 2030; anniversary of the first permanent panic people is the Spanish language, and (3) recognize the importance of English as Spanish settlement near San Juan promoting the use of Spanish at home and in the unifying language of the United States, Pueblo in the Espanola Valley. Many cultural affairs will benefit not only the and the importance of English fluency for in- growing Hispanic population of the United celebrations and educational events dividuals who want to succeed in American States but also the economic interests of the marked this important anniversary. society; entire Nation; Hispanic culture, customs, and lan- (4) recognize that command of the English Whereas English is the common language language is a critical component of the suc- guage received much attention of the United States, is important to Amer- cess and productivity of our Nation’s chil- throughout New Mexico. More than a ican life and individual success, and 94 per- dren, and should be encouraged at every age; third of New Mexico’s population is cent of United States residents speak (5) recognize that a skilled labor force is Hispanic, and the Spanish language English according to the 1990 decennial cen- crucial to United States competitiveness in sus; and culture have a special place in our Whereas immigrants to the United States a global economy, and the ability to speak 1 state’s distinctive blend of Spanish, have powerful incentives to learn English in or more languages in addition to English is Anglo, and Indian cultures. order to fully participate in American soci- a significant skill; New Mexico is the only state in the ety and the Nation’s economy, and 90 per- (6) support literacy programs, including programs designed to teach English, as well United States that has a constitutional cent of all immigrant families become fluent requirement to use both English and in English within the second generation; as those dedicated to helping Americans Whereas a common language promotes learn and maintain other languages in addi- Spanish in election materials and bal- unity among citizens, and fosters greater tion to English; and lots. communication; (7) develop our Nation’s linguistic re- In New Mexico, 37 percent of the peo- Whereas there is a renaissance in cultural sources by encouraging citizens of the ple are Spanish-Americans or Mexican- assertiveness around the world, noting that United States to learn and maintain Span- Americans. The term ‘‘Hispanic Ameri- ish, French, German, Japanese, Chinese, the more interdependent nations become cans’’ is used in our country to de- economically, the more interested the na- Russian, Arabic, Italian, Korean, Viet- namese, Farsi, African languages, sign lan- scribe Americans whose roots are in tions are in preserving and sharing cultural Spain, Mexico, Puerto Rico, Cuba, Cen- identity; guage, and the many other languages of the Whereas the reality of a global economy is world, in addition to English. tral America, and South America. As an ever-present international development Mr. DOMENICI. Mr. President, today U.S. News reported in the May 11, 1998, that is fostered by international trade and I am pleased to be joined by Senators issue, ‘‘the label Hispanic obscures the the creation of regional trading blocs, such KENNEDY, MCCAIN, HATCH, HUTCHISON, enormous diversity among people who as the European Union, Mercosur, the North DEWINE, CHAFEE, LUGAR, ABRAHAM, come (or whose forebears came) from American Free Trade Agreement and the As- SANTORUM, and WARNER in submitting two dozen countries and whose ances- sociation of Southeast Asian Nations; our Senate Resolution on ‘‘English- try ranges from pure Spanish to mix- Whereas knowledge of English, Spanish, tures of Spanish blood with Native French, Italian, Russian, German, Japanese, Plus.’’ With this resolution, we are af- Chinese, Arabic, Korean, Vietnamese, Afri- firming the importance of mastering American, African, German, and can languages, Farsi, sign language, and the the English language plus other lan- Italian, to name a few hybrids.’’ many other languages of the world, enhances guages of the world, such as Spanish, U.S. News also reported that ‘‘The competitiveness and tremendous growth in Italian, German, Japanese, Chinese, Vi- number of Hispanics is increasing al- world trade; etnamese, and many, many more. most four times as fast as the rest of Whereas the United States is well postured English is the most widely used lan- the population, and they are expected for the global economy and international de- guage in the world in the areas of fi- to surpass African-Americans as the velopment with the United States’ diverse population and rich heritage of languages nance, trade, technology, diplomacy, largest minority group by 2005.’’ In the from all around the world; and entertainment. English is also the October 21, 1996, issue, U.S. News re- Whereas many American Indian languages world’s living library of the last 100 ported that ‘‘Nearly 28 million people— are indigenous to the United States, and years of scientific and technological 1 American in 10—consider themselves

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5872 CONGRESSIONAL RECORD — SENATE May 24, 1999 of Hispanic origin.’’ By 2050, projec- Mr. President, our nation’s potential SEC. 2. JURISDICTION. tions are that 1 in every 4 Americans markets in Mexico, Central America, (a) IN GENERAL.—There shall be referred to will be Hispanic. and South America alone spell a vital the select committee, concurrently with re- ferral to any other committee of the Senate An article in The Economist of April future for ‘‘English Plus’’ Spanish. If with jurisdiction, all messages, petitions, 21, 1998, stresses the value of the Span- we want to continue to expand our memorials, and other matters relating to ish language to America’s fastest grow- nations’s cultural and economic Amer- United States-China national security rela- ing minority group. ‘‘America’s ican influence in the world, then we tions. Latinos are rapidly becoming one of its urge the adoption of ‘‘English Plus’’ as (b) EFFECT ON OTHER COMMITTEES JURISDIC- most useful resources.’’ our national policy. We believe this ap- TION.—Nothing in this resolution shall be In the western hemisphere, Spanish construed as prohibiting or otherwise re- proach will lead to a more prosperous stricting the authority of any other com- is clearly a prominent language. With and secure world. mittee of the Senate or as amending, lim- established and emerging markets in We believe we should not isolate iting, or otherwise changing the authority of Mexico, Central America, and South America to English only and to do that any standing committee of the Senate. America, the Spanish language is a key would be a big mistake. The Senate SEC. 3. REPORTS. to foreign competition in our own resolution I am speaking of supports The select committee may, for the pur- hemisphere. and encourages Americans to master poses of accountability to the Senate, make As the world economy moves into the English first and English plus other such reports to the Senate with respect to next century, it has become clear the matters within its jurisdiction as it shall languages. We believe we should add to deem advisable which shall be referred to the ‘‘domestic-only market planning’’ has that, but not English only. We see appropriate committee. In making such re- been replaced by the era of inter- English plus other languages as a more ports, the select committee shall proceed in national trade agreements and the cre- sensible statement of our national pol- a manner consistent with the requirements ation of regional trading blocs. In 1996, icy. Our Nation is rich in resources. We of national security. the total volume of trade with Mexico want to encourage American citizens SEC. 4. POWERS OF THE SELECT COMMITTEE. was estimated at $130 billion. Our trade to learn other prominent languages (a) IN GENERAL.—For the purposes of this with the rest of Latin America that that the world uses and that we must resolution, the select committee is author- ized at its discretion— same year was $101 billion. use in the world and that many in our Spanish is clearly a growing cultural (1) to make investigations into any matter country use as part of their cultural within its jurisdiction; and economic force in our hemisphere. background. (2) to hold hearings; It is also the common language of hun- Mr. President, I ask unanimous con- (3) to sit and act at any time or place dur- dreds of millions of people. Recent eco- sent that our resolution regarding ing the sessions (subject to paragraph 5 of nomic trends of this decade show Latin English plus other languages be printed rule XXVI of the Standing Rules of the Sen- America as the most promising future in the RECORD. ate), recesses, and adjourned periods of the Senate; market for American goods and serv- f ices. (4) to require, by subpoena or otherwise, With Latin America as the next great SENATE RESOLUTION 107—TO ES- the attendance of witnesses and the produc- tion of correspondence, books, papers, and market partner of the United States, TABLISH A SELECT COMMITTEE ON CHINESE ESPIONAGE documents; those Americans who know both (5) to make expenditures from the contin- English and Spanish will have many Mr. SMITH (of New Hampshire) sub- gent fund of the Senate to carry out its func- new grand opportunities. Mexico’s re- mitted the following resolution; which tions and to employ personnel, subject to cently hired and celebrated its one- was referred to the Committee on procedures of paragraph 9 of rule XXVI of millioneth maquiladora worker in Rules and Administration: the Standing Rules of the Senate; and (6) with the prior consent of the Govern- international manufacturing plants S. RES. 107 along our border. This milestone event ment department or agency concerned and Resolved, the Committee on Rules and Administration, unquestionably shows the value of SECTION 1. ESTABLISHMENT OF THE SELECT to use on a reimbursable, or nonreimbursable knowing two languages as manufac- COMMITTEE. basis the services of personnel of any such turing expands among the hundreds of (a) IN GENERAL.—There is established a department or agency. Fortune 500 companies now manufac- temporary Select Committee on Chinese Es- (b) OATHS.—The chairman of the select turing in Mexico. pionage (hereafter in this resolution referred committee or any member thereof may ad- Mr. President, I have long believed to as the ‘‘select committee’’) which shall minister oaths to witnesses. that New Mexico and other border consist of 12 members, 6 to be appointed by (c) SUBPOENAS.—Subpoenas authorized by a the President pro tempore of the Senate majority of the select committee shall be states are uniquely poised to create the upon recommendations of the Majority issued over the signature of the chairman focal point of North American trade Leader from among members of the majority and may be served by any person designated with South America. I agree with The party, and 6 to be appointed by the President by the chairman. Economist observation that ‘‘Amer- pro tempore of the Senate upon rec- SEC. 5. TREATMENT OF CLASSIFIED INFORMA- ica’s Latinos are rapidly becoming one ommendations of the Minority Leader from TION. of its most useful resources.’’ I predict among members of the minority party. (a) EMPLOYEES.— that English Plus Spanish will be one (b) CHAIRMAN.—The Majority Leader shall (1) IN GENERAL.—No employee of the select of the major marketable skills for the select the chairman of the select committee. committee or person engaged to perform (c) VICE CHAIRMAN.—The Minority Leader services for or at the request of such com- next century. shall select the vice chairman of the select mittee unless such employee or person has— In conclusion, I would like my col- committee. (A) agreed in writing and under oath to be leagues to see the value of ‘‘English (d) SERVICE OF A SENATOR.—The service of bound by the rules of the Senate and of such Plus’’ Spanish in our own hemisphere. a Senator as a member or chairman on the committee as to the security of such infor- ‘‘English Plus’’ and other European select committee shall not count for pur- mation during and after the period of his em- languages has long been a shared value, poses of paragraph 4 of rule XXV of the ployment or relationship with such com- and ‘‘English Plus’’ African and Asian Standing Rules of the Senate. mittee; and languages have become very important (e) RULES AND PROCEDURES.—A majority of (B) received an appropriate security clear- the members of the select committee shall ance as determined by such committee in also. In every corner of the world, for- constitute a quorum thereof for the trans- consultation with the Director of Central In- eign languages matter to us for cul- action of business, except that the select telligence. tural, economic, and security reasons. committee may fix a lesser number as a (2) CLEARANCE.—The type of security clear- Worldwide, we see a renaissance in quorum for the purpose of taking testimony. ance to be required in the case of any em- cultural assertiveness where countries The select committee shall adopt rules of ployee or person under paragraph (1) shall, take greater interest in preserving and procedure not inconsistent with this resolu- within the determination of such committee sharing their own cultural identities. tion and the rules of the Senate governing in consultation with the Director of Central As nations grow more interdependent standing committees of the Senate. Intelligence, be commensurate with the sen- (f) VACANCIES.—Vacancies in the member- economically, there is a parallel inter- sitivity of the classified information to ship of the select committee shall not affect which such employee or person will be given est in maintaining their own cultural the authority of the remaining members to access by such committee. integrity, with language as a key execute the functions of the select com- (b) SECURITY OFFICER.—The select com- linchpin of cultural identity. mittee. mittee shall designate a security officer

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5873 qualified to administer appropriate security The result has been a duplication of been blocked for several months by the procedures to ensure the protection of con- witnesses, many of whom have come administration. fidential and classified information in the back and testified four or five times be- It is time for the Senate now to do possession of the select committee and shall fore the Senate. I don’t think this its part, to focus its collective concern make suitable arrangements, in consultation about these matters into a coherent with the Office of Senate Security, for the makes a lot of sense. physical protection and storage of classified I think my colleagues on these re- and effective committee. I believe a se- information in its possession. spective committees—and I chair a lect committee with a specific intent, SEC. 6. TREATMENT OF PRIVATE INFORMATION. subcommittee on the Armed Services with the opportunity to call witnesses, (a) RULES AND PROCEDURES.—The select Committee with direct jurisdiction to put people under oath, and to have committee shall formulate and carry out over this matter, so I say that as one investigators look into this is the cor- such rules and procedures as it deems nec- who would be involved in such an in- rect approach. Otherwise, it is going to essary to prevent the disclosure, without the vestigation—will agree that there is be defused all over the Government and consent of the person or persons concerned, too much duplication. We need to we are going to have all kinds of sto- of information in the possession of such com- streamline this effort and we need to ries popping up from this committee mittee which unduly infringes upon the pri- and that committee, this sub- vacy or which violates the constitutional put the full weight of the Senate be- rights of such person or persons. hind it. That means an investigation, a committee and that subcommittee, and (b) DISCLOSURE.—Nothing in this resolu- true investigation, the power to call this Senator and that Senator, and it tion shall be construed to prevent the select witnesses and administer oaths, and a will all be disconnected. committee from publicly disclosing any such unified focus of our shared bipartisan So I urge colleagues to support this information in any case in which such com- concern. legislation. I urge our leaders to sup- mittee determines the national interest in I have had the privilege to serve on port it as well. I think it is a good idea. the disclosure of such information clearly two such bipartisan committees. One, It has worked in the past when we have outweighs any infringement on the privacy had serious issues like this. And our ef- of any person or persons. the Senate Ethics Committee, is a non- partisan committee, really, of three fort here is to gain the truth, to get the SEC. 7. PRESIDENTIAL REPRESENTATIVE. facts. I believe this select committee The select committee is authorized to per- members from each party. We look at mit any personal representative of the Presi- all the matters before us in a truly will get the job done. dent, designated by the President to serve as nonpartisan way. That is exactly what I want to review briefly what has a liaison to such committee, to attend any needs to be done here. happened, and why I think it is so im- closed meeting of such committee. I also served on the Senate Select portant to have a select committee. SEC. 8. TERMINATION OF SELECT COMMITTEE. Committee on POWs and MIAs a few About 5 months ago, a special con- gressional committee investigating se- Unless specifically reauthorized, the select years ago, where Senator JOHN KERRY committee shall terminate at the end of the was the chairman and I was vice chair- curity problems with China questioned 106th Congress. Upon termination of the se- man. It was a bipartisan effort. That is whether the Department of Energy had lect committee, all records, files, documents, adequate safeguards to protect its nu- what it is going to take in the Senate, and other materials in the possession, cus- clear secrets. On February 1, 1999, just as the House has been well-served tody, or control of the select committee, President Clinton responded, saying under appropriate conditions established by by its committee chaired by Congress- safeguards were ‘‘adequate’’ and get- the select committee, shall be transferred to man COX of California and Congress- the Secretary of the Senate. ting better. man DICKS of Washington. It was a bi- That was the statement of the Presi- Mr. SMITH of New Hampshire. Mr. partisan effort and it has come to a bi- dent on February 1. With all due re- President, I rise today just as the Cox partisan—and unanimous—conclusion. spect, and being as nice about it as I We need to do this in the Senate. We report is about to enter the public do- can, that was not true then. It is not need to take what was in that report, main. This report—a bipartisan report true now. by Congressman CHRIS COX of Cali- review it carefully, find out where it One week later, on February 8, Mr. fornia and Congressman NORMAN DICKS leads, and take appropriate action. But Lee failed a polygraph test. More than of Washington—will go to an issue of I do not think we are going to accom- a month later, the FBI finally searched great importance to the United States; plish that if we are going to have all of his computer. This is not something it is the issue of Chinese espionage in these witnesses called in five, six, one can take lightly. When the Presi- the United States. seven, or eight times before all these dent says that safeguards were ‘‘ade- I am rising on the Senate floor today different committees, and not have one quate’’ and getting better, that simply to introduce legislation—which I will consistent message. It will waste a lot was not true. do at the conclusion of my remarks— of money and time. I think it is better Between the time the Justice Depart- establishing a bipartisan select com- to consolidate, which is why I am call- ment refused the FBI’s request for a mittee to examine Chinese espionage ing for a select committee. court order to search Lee’s computer against United States national secu- I am not interested in scoring par- and Lee’s firing, there were more than rity interests, responding to what is in- tisan points here. This is concerns the 300 break-ins involving the computer creasingly being viewed as the greatest national security of the United States network on which Lee had allegedly security breach against the United of America. No partisan points were transferred nuclear secrets. States in our history—the loss to China scored in the classified presentation I When Ho Lee was hired by Los Ala- of our most sensitive nuclear warhead attended the other day with Congress- mos National Laboratories in 1978, he data over many years from the Los Al- man Dicks and Congressman Cox. It first came under suspicion in 1982 when amos National Lab, and from other na- was presented in a way that I felt was he made a telephone call to a scientist tional security facilities and programs. truly bipartisan. Members of both par- from Lawrence Livermore Lab who had Through no one’s fault, and with the ties were there. It is a lot bigger than been fired as a result of an investiga- best of intentions, congressional efforts that. The national security of the tion into evidence that a spy had to examine this matter have been dis- United States is a lot more important passed neutron bomb secrets to China. jointed and inconsistent. I respect than any of the partisan attacks. We In 1989, when Lee’s 5-year security re- every Senator on both sides of the aisle all want answers. We deserve answers, newal was up for review, Energy De- who has been working and doing their and we deserve to put these witnesses partment officials learned of the FBI’s best to try to get to the bottom of this, under oath, under threat of perjury, inquiry into Mr. Lee. But a file put to- especially the chairmen of those com- and to speak before the Senate—to- gether on Lee that was sent to DOE mittees with some claim to jurisdic- gether, not as five or six different com- headquarters for security review was tion over the Labs and over this whole mittees of jurisdiction. ‘‘lost.’’ And it was not until 1992 that issue of Chinese espionage. The Cox committee did heroic work the Department hired an outside con- Unfortunately, that is the problem. in the House—much of it despite obsta- tractor to reconstruct the ‘‘lost’’ file. There are too many individuals con- cles put in their path by the adminis- In 1994, a Los Alamos employee re- ducting too many independent inves- tration. They had to dig and claw to ported to security officials that Lee tigations, if you will, and too many get the information, and the report was ‘‘embraced’’ by a Chinese intel- committees going down the same path. that will be released tomorrow has ligence officer during a delegation

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5874 CONGRESSIONAL RECORD — SENATE May 24, 1999 visit, and that Lee had discussed with rity-oriented State Department to the The numbers of wiretaps authorized the Chinese the nuclear weapons code business-friendly Commerce Depart- each year is classified, but we know similar to the ones he is now suspected ment. there are hundreds in any given year. of stealing. I do not know what most Americans We also know that seldom are more In 1995, the Energy Department and think about all of this, but I am going than two or three in a given year de- the CIA began to learn the record of to say what I think about it. I think nied. Put yourself in Frances Town- China’s alleged espionage. this is the worst breach of national se- send’s place at the Justice Department In early 1995, scientists at the Los Al- curity in the history of the United for a moment. Somebody comes in amos Nuclear Lab had told Mr. Notra States of America. It is not just about from the FBI and says, we have a prob- Trulock, then intelligence director at Los Alamos, as we are going to find out lem. Somebody stole all the nuclear the Energy Department, of their fears tomorrow when this report is declas- weapon secrets from the United States that China had achieved a remarkable sified when we can talk about it in of America and sent them to China. We breakthrough in its nuclear tests. more detail. Unfortunately, I cannot have a suspect. We need to wiretap About that same time those fears were talk about some of it today. But I urge him. And your answer is, no. raised, U.S. intelligence files showed everyone to get a copy of it and you Now, I am not going to accept some that a Chinese agent had handed over a will see what I am talking about. The feeble explanation about why that hap- Rosenbergs in 1953 were executed, in secret document to American officials pened. Somebody is going to answer my view, for less than what has hap- containing evidence that China had that question in my presence in this pened here. stolen design data on American nuclear Senate before I leave here; I state that warheads and missiles. I have seen, time after time, witness after witness from this administration right now. In 1996, the CIA concluded American In August of 1997, FBI Director Louis secrets had been stolen. Lee emerged in come before the Armed Services Com- mittee—either taking the fifth amend- Freeh recommended Mr. Lee’s access early 1996 as the FBI’s ‘‘prime suspect’’ to classified information be cut off im- at the Laboratories. ment, refusing to come, or fleeing the country, or lying under oath, or being mediately. What happens? Lee is still In 1996, Mr. Trulock tried to raise granted access to top secret warhead warnings about espionage at the Lab- unable to remember. That is one thing during some financial inquiry about data despite the recommendation. oratories but was thwarted by his supe- What is going on? This kind of thing riors at the Energy Department. who gave how much money to some candidate. But I am going to tell you does not happen unless somebody Trulock said he finally talked to ad- makes it happen and wants it to hap- ministration officials as early as April one thing. I am not going to stand for people coming before the Senate—when pen. of 1996. He said he met with Sandy When the FBI Director says no, the Berger. He said Mr. Berger had said the security of the United States of America is at stake, when nuclear answer is no. But somebody decided subsequently that he briefed Mr. Clin- weapons have been transmitted to a that Mr. Freeh was not going to have ton and took steps to address the prob- foreign nation who is an enemy of the the last word here. They decided that lem. Mr. Lee was going to continue to have We are in 1996 now—3 years ago. United States—I am not going to stand for people coming before this Senate access to top secret warhead data. President Clinton denied that. But I and not telling the truth. During the 1998 congressional inves- will get to that in a minute. I will say it on the record: somebody Like all employees, Lee had signed a tigation into satellite export controls, is going to be held accountable for waiver permitting his e-mail and per- Trulock has said, acting Energy Sec- what has happened. Somebody is going sonal computer to be reviewed without retary Elizabeth Moler ordered him—I to be held accountable. Every nuclear his knowledge. Despite the waiver, the emphasize the word ‘‘ordered,’’ because weapon in the United States arsenal I heard him say it in my presence—or- Justice Department, in 1996, decided has been compromised—every one of that a court warrant would be needed dered him not to disclose the Chinese them, every warhead. I am not going to espionage in testimony before the U.S. before his computer could be searched, stand by and take no for an answer. I and denied the request. Congress. A political appointee in the am not going to stand for this being Energy Department ordered Mr. Coincidentally—or not—in 1996, obfuscated all over the Senate and all President Clinton relaxed all controls Trulock, a subordinate, not to tell the over the country with defused, mixed Congress. on sales of advanced computers to messages. We will get to the bottom of countries like China. The next year, Now she denies it. Clearly, we need this. Nobody in this Senate should these two witnesses to come forth in his administration resisted congres- have any objection to that. Whoever sional efforts to retighten those con- public session before this select com- did this, whoever is responsible for mittee. Let the public decide who is trols. The Cox committee reportedly this, wherever it leads, needs to be held concluded that some of the computers lying and who isn’t. accountable, period. Mr. Lee retained access to classified sold to China went to organizations in- In 1996, the American intelligence information after he came under sus- volved in military activities, and they community concluded that China had picion of spying, from October 1997 to might have been used for military pur- stolen the secret design information October 1998. poses—like upgrading nuclear weapons about the neutron bomb. In April 1997, or developing more accurate missiles. the FBI recommended measures to On April 28, 1999, the Clinton admin- When something goes to China, it tighten security at the Labs. istration finally admitted that secret does not just go to private industry. It No action was taken; no action. nuclear weapons data had been com- goes to the military too. Let’s make In July 1997, Mr. Trulock, concerned promised. They finally admitted it sure we understand that. about lack of progress, went back to when Bill Richardson, the new Sec- The relaxation of export controls on the White House to ask for assistance. retary of Energy, to his everlasting technology is something I have been He gave National Security Adviser credit pushed this issue and refused to hammering away at in my sub- Sandy Berger a fuller briefing. Berger stand for it anymore. committee—the Strategic Forces Sub- briefed the President of the United Wen Ho Lee was fired on March 8. His committee—in the Armed Services States as early as July 1997. Twice in computer was not searched until the Committee for seven years. I have 1997 the Justice Department rejected a following week. They found he had watched these controls relax in this ad- request by FBI counterintelligence of- transferred legacy codes covering many ministration. I have watched the State ficials to seek a search warrant author- U.S. nuclear weapons from the classi- Department and the Defense Depart- izing more aggressive investigative fied to an unclassified computer sys- ment and the Justice Department lose techniques, including a wiretap and tem where they could be vulnerable to the fight time after time after time to clandestine searches of homes, offices, outsiders. In a computer search, more the Commerce Department. and computers. The request for a wire- than 1,000 top secret weapons files had In 1996, President Bill Clinton shifted tap was turned down by a political ap- been deleted after being improperly licensing responsibility for some com- pointee, Frances Townsend. A request transferred from a highly secure com- mercial satellite sales from the secu- for a wiretap was turned down. puter system.

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5875 Those are the facts as I can outline senior Clinton administration officials Loral would be granted a Presidential them without going into classified ma- in November of 1998 is that China poses waiver to export its technology to terials. I point out in the framework of an acute intelligence threat to the China, even though it was under crimi- the last 4 or 5 months, this information weapons labs—an acute intelligence nal investigation by the Justice De- has been withheld from the public. Cer- threat to the weapons labs. We now partment for previous technology tain Senators and Congressmen, if they know the President had been briefed in transfers. took it upon themselves, could get a November of 1998 about FBI and CIA Wake up, America. Wake up. What is briefing on the Cox report, but it was suspicions, and in January had even re- going on here? Who knows what? Offi- not allowed to be released. ceived the secret Cox report detailing cials from those two companies, I have What happened? What did the Presi- those security lapses during the Clin- news for you. You are coming in here, dent know and when did he know it? ton watch. and you are going to answer some ques- That sounds familiar. What is going on here? All right, so tions as well. March 19, 1999, at a press conference, he does not tell us the truth about In April of 1996, Energy Department the President assured the public, Monica Lewinsky. But this is national officials informed Mr. Berger that ‘‘There has been no espionage at the security. According to Mr. Berger, his Trulock had uncovered evidence which Labs since I’ve been President.’’ Let own National Security Adviser, Presi- showed that China had learned how to me repeat that: ‘‘There has been no es- dent Clinton was told about the prob- miniaturize nuclear bombs and it ap- pionage at the Labs since I’ve been lems at the weapons labs in July of 1997 peared the Chinese had gained that President.’’ or February of 1998. knowledge through the efforts of a spy And, ‘‘No one reported to me that On May 9, 1999, Tim Russert, on at the Los Alamos Labs. Berger was they suspect that such a thing has oc- ‘‘Meet The Press,’’ extracted from En- told the spy might still be there. curred.’’ ergy Secretary Bill Richardson the ac- What action did the White House The President, in March of this year, knowledgment that President Clinton take? Absolutely nothing. But the March 19, says, ‘‘There has been no es- was ‘‘fully, fully briefed,’’ an admission warning came at an awkward time, the pionage at the Labs since I’ve been for which, news reports say, Richard- verge of the 1997 Strategic Partnership President,’’ and, ‘‘No one reported to son was savaged by Clinton aides. Summit with Beijing. The administra- me that they suspect that such a thing Here is the explanation. Clinton put tion was also facing the congressional has occurred.’’ in ‘‘at the labs’’ and ‘‘against the labs’’ investigations into charges that the Mr. Berger told the Cox Committee because we technically don’t know if P.R.C. had illegally funneled money he didn’t speak with the President the stolen info came from the labs or into their 1996 Clinton-Gore reelection about Chinese spying for at least a somewhere else. Richardson also said, campaign. I do not know where these year, but he did say he did it in early ‘‘there have been damaging security dots connect or if they connect, but 1998. Berger’s aides now say he remem- leaks. The Chinese have obtained dam- there were a lot of dots. Mr. Berger as- bers informing Clinton in July of 1997. aging information during past adminis- signed an NSC staffer to look into Mr. President, this is serious busi- trations and the current administra- things and asked the CIA to inves- ness. When atomic secrets in 1953 were tion.’’ tigate. The CIA’s report comes back passed to the Russians, a man and a Perhaps this spying started in pre- that the Trulock analysis was an un- woman—a husband and a wife—were vious administrations, but this admin- supported worst case scenario. That is executed. We have got to get to the istration knew it was going on and did not what he told us in private. bottom of this. Any Senator worth his not respond to it. That just does not Finally, in February of 1998, Presi- or her salt, regardless of political cut it. This is not about ‘‘what is is.’’ dent Clinton formally ordered the re- party, ought to be ready to go on this This is about the security of the United forms into effect. But, curiously, En- with no nonsense. States of America. ergy Secretary Federico Pen¯ a never We are not going to accept ridiculous On May 23, 1999, the deputy intel- followed the order and soon after left ‘‘I don’t remember’’ answers anymore. ligence director at the Department of the Cabinet. I do not want to hear any of this. And Energy suggested the White House was Reforms were not instituted until I do not want to be bound by some informed about China’s theft of United Bill Richardson did so in October of committee rule where I have 5 minutes States nuclear secrets much sooner 1998, 30 months after Trulock’s first to ask a question, and the witness an- than it has acknowledged. warning, 9 months after the President’s swers for 41⁄2 minutes, and I cannot ask The inaction from this administra- directive. In the meantime, Assistant any more. I want the time to ask my tion did not come in a vacuum. It came Secretary Moler orders Trulock not to questions. I want the time for every in the thick of a 1996 reelection effort tell Congress because it could be used Senator to ask these questions on be- that we now know included campaign against President Clinton’s China pol- half of the American people. contributions from those with ties to icy. I have never in my life seen anything the Chinese Government, ties to the Do not tell Congress? If this Senate like the witnesses they have paraded military, and ties to the intelligence tolerates that kind of action, we de- before the committees of this Congress organization. Mr. Berger first briefed serve all the criticism we get and 10 that I have been a party to—Govern- in April of 1996, and not until 2 years times more. We have oversight respon- ment Affairs Committee investiga- later does the White House move to sibility. This area, the labs and the se- tions, the Armed Services Committee— tighten security after receiving more curity of those labs and those weapons, time and time and time again, saying detailed evidence in 1997. NSC sought a is directly under this Senator’s super- ‘‘I don’t remember, I can’t recall.’’ narrowly focused CIA report to cast vision and oversight responsibility as That is not good enough. That does doubt on Energy Department claims. the chairman of the Strategic Forces not cut it. And it does not cut it on the At the same time the FBI and CIA Subcommittee. I am going to tell you part of the President of the United were investigating the source of the something; I do not accept that an- States, either. He should have been up Los Alamos leak, Vice President AL swer. I am not going to accept that an- here testifying during his impeach- GORE was passing the hat among swer. Someone is going to talk, and ment trial. By golly, if we have to have wealthy Buddhist nuns, the President whoever is accountable, in my view, if him come up here and testify on this, was serving coffee at the White House they did these things, they are going to then bring him up here. This is the na- to PLA arms dealer Wang Jun, and the go to jail, because that is where they tional security of the United States we administration responded favorably to belong. We are going to find out where are talking about. This is classified, a request from the man who would be this path leads, if it is the last thing I nuclear, codeword-level information the Democratic Party’s largest single do. that has been passed, and the President donor in 1996, Loral chairman Bernard Political contributions poured in and needs to tell us what he knows, if he Schwartz, to transfer authority over li- United States technology flowed out to knows anything. censing of satellite technology from China day after day, week after week, According to the New York Times, the State Department to the Com- month after month, year after year— what counterintelligence experts told merce Department. Two years later, flowed out to China, made possible by

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5876 CONGRESSIONAL RECORD — SENATE May 24, 1999 the easing of export controls to this cution of men of all ages, wanton destruction Defense, for military construction, and strategic partner of the President’s. of civilian housing, forcible expulsions, mass for defense activities of the Depart- We are going to hear that this is executions in at least 60 villages and towns, ment of Energy, to prescribe personnel China bashing. This is not China bash- as well as widespread organized rape of strengths for such fiscal year for the women and young girls; ing. This is the national security of the Whereas these reports of atrocities provide Armed Forces, and for other purposes; United States. I hope when the Amer- prima facie evidence of war crimes, crimes as follows: ican people read the Cox report, they against humanity, as well as genocide; On page 357, strike line 13 and all that fol- will understand that the Chinese Whereas any criminal investigation is best lows through page 358, line 4. gained vital information on every nu- served by the depositions and interviews of clear warhead in our arsenal. They now witnesses as soon after the commission of WARNER AMENDMENT NO. 378 the crime as possible; have the missile to fire it, the warhead Mr. WARNER proposed an amend- to put on it, and the targeting informa- Whereas the indictment, arrest, and trial of war criminals would provide a significant ment to amendment No. 377 proposed tion to direct it at any city in the deterrent to further atrocities; by Mr. ROBERTS to the bill, S. 1059, United States of America—all thanks Whereas the ICTY has issued 14 inter- supra; as follows: to the relaxation of export controls, national warrants for war crimes suspects At the end of the amendment, add the fol- and to the fact we left a spy in our that have yet to be served, despite knowl- lowing: labs. edge of the suspects’ whereabouts; (c) REPORT.—Together with the certifi- When are we going to wake up? All Whereas vigorous prosecution of war cation under subsection (a)(1), the President through March and April of 1999, the crimes after the conflict in Bosnia may have should submit to the Senate a report con- White House fought over the release prevented the ongoing atrocities in Kosovo; taining an analysis of the potential threats and and declassification of this report. No facing NATO in the first decade of the next Whereas investigative reporters have iden- millennium, with particular reference to wonder they do not want it released. tified specific documentary evidence impli- The Cox report believes China is still those threats facing a member nation or sev- cating the Serbian leadership in the commis- eral member nations where the commitment spying. I believe they are too. This has sion of war crimes: Now, therefore, be it of NATO forces will be ‘‘out of area’’, or be- to be investigated. Resolved by the Senate (the House of Rep- yond the borders of NATO member nations. In conclusion, we need a bipartisan resentatives concurring), That it is the sense of Congress that— select committee to find out where this ROBERTS (AND OTHERS) trail leads, wherever it leads. (1) the United States, in coordination with other United Nations contributors, should AMENDMENT NO. 377 f provide sufficient resources for an expedi- Mr. ROBERTS (for himself, Mr. WAR- tious and thorough investigation of allega- SENATE CONCURRENT RESOLU- NER, and Ms. SNOWE) proposed an tions of the atrocities and war crimes com- amendment to the bill, S. 1059, supra; TION 33—EXPRESSING THE mitted in Kosovo; SENSE OF CONGRESS REGARD- (2) the United States, through its intel- as follows: ING THE NEED FOR VIGOROUS ligence services, should provide all possible In title X, at the end of subtitle D, add the PROSECUTION OF WAR CRIMES, cooperation in the gathering of evidence of following: GENOCIDE, AND CRIMES sufficient specificity and credibility to se- SEC. 1061. SENSE OF SENATE REGARDING LEGAL AGAINST HUMANITY IN THE cure the indictment of those responsible for EFFECT OF THE NEW STRATEGIC the commission of war crimes, crimes CONCEPT OF NATO. FORMER REPUBLIC OF YUGO- against humanity, and genocide in the (a) SENSE OF SENATE.—It is the sense of the SLAVIA former Yugoslavia; Senate that— Ms. LANDRIEU (for herself and Mr. (3) where evidence warrants, indictments (1) not later than 30 days after the date of enactment of this Act, the President should SPECTER) submitted the following con- for war crimes, crimes against humanity, determine and certify to the Senate whether current resolution; which was referred and genocide should be issued against sus- pects regardless of their position within the or not the new Strategic Concept of NATO to the Committee on Foreign Rela- Serbian leadership; imposes any new commitment or obligation tions: (4) the United States and all nations have on the United States; and S. CON. RES. 33 an obligation to honor arrest warrants (2) if the President certifies under para- Expressing the sense of Congress regarding issued by the ICTY, and the United States graph (1) that the new Strategic Concept of the need for vigorous prosecution of war should use all appropriate means to appre- NATO imposes any new commitment or obli- crimes, genocide, and crimes against human- hend war criminals already under indict- gation on the United States, the President ity in the former Republic of Yugoslavia. ment; and should submit the new Strategic Concept of Whereas the United Nations Security (5) NATO should not accept any diplomatic NATO to the Senate as a treaty for the Sen- Council created the International Criminal resolution to the conflict in Kosovo that ate’s advice and consent to ratification Tribunal for the former Yugoslavia (in this would bar the indictment, apprehension, or under Article II, Section 2, Clause 2 of the concurrent resolution referred to as the prosecution of war criminals for crimes com- Constitution of the United States. ‘‘ICTY’’) by resolution on May 25, 1993; mitted during operations in Kosovo. (b) DEFINITION.—For the purposes of this Whereas, although the ICTY has indicted Ms. LANDRIEU. Mr. President, this section, the term ‘‘new Strategic Concept of NATO’’ means the document approved by the 84 people since its creation, these indict- resolution, from the Senator from ments have only resulted in the trial and Heads of State and Government partici- Pennsylvania and me, attempts to ad- pating in the meeting of the North Atlantic conviction of 8 criminals; dress the serious issue of war crimes. It Whereas the ICTY has jurisdiction to in- Council in Washington, D.C., on April 23 and vestigate: grave breaches of the 1949 Geneva calls for the Senate to make its voice 24, 1999. Conventions (Article 2), violations of the clear on the issue of war crimes and (c) EFFECTIVE DATE.—This section shall laws or customs of war (Article 3), genocide the prosecution of those guilty of such take effect on the day after the date of en- (Article 4), and crimes against humanity (Ar- crimes. actment of this Act. ticle 5); f Whereas the Chief Prosecutor of the ICTY, GRAMS AMENDMENT NO. 379 Justice Louise Arbour, stated on July 7, 1998, AMENDMENTS SUBMITTED (Ordered to lie on the table.) to the Contact Group for the former Yugo- Mr. GRAMS submitted an amend- slavia that ‘‘[t]he Prosecutor believes that ment intended to be proposed by him the nature and scale of the fighting indicate DEPARTMENT OF DEFENSE that an ‘armed conflict’, within the meaning to the bill S. 1059, supra; as follows: of international law, exists in Kosovo. As a AUTHORIZATION ACT On page 453, between lines 10 and 11, insert consequence, she intends to bring charges for the following: crimes against humanity or war crimes, if SEC. 2832. LAND CONVEYANCES, TWIN CITIES evidence of such crimes is established’’; KERREY AMENDMENT NO. 376 ARMY AMMUNITION PLANT, MIN- Whereas reports from Kosovar Alabanian (Ordered to lie on the table.) NESOTA. refugees provide detailed accounts of sys- Mr. KERREY submitted an amend- (a) CONVEYANCE TO CITY AUTHORIZED.—The tematic efforts to displace the entire Muslim Secretary of the Army may convey to the population of Kosovo; ment intended to be proposed by him City of Arden Hills, Minnesota (in this sec- Whereas in furtherance of this plan, Ser- to the bill (S. 1059) to authorize appro- tion referred to as the ‘‘City’’), all right, bian troops, police, and paramilitary forces priations for fiscal year 2000 for mili- title, and interest of the United States in have engaged in detention and summary exe- tary activities of the Department of and to a parcel of real property, including

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5877 improvements thereon, consisting of ap- (B) each site in the foreign nation of a only resulted in the trial and conviction of 8 proximately 4 acres at the Twin Cities Army United States military installation that has criminals; Ammunition Plant, for the purpose of per- been closed. The ICTY has jurisdiction to investigate: mitting the City to construct a city hall (2) Such technical guidance and other co- grave breaches of the 1949 Geneva Conven- complex on the parcel. operation as is necessary to permit the for- tions (Article 2), violations of the laws or (b) CONVEYANCE TO COUNTY AUTHORIZED.— eign nation to utilize the information pro- customs of war (Article 3), genocide (Article The Secretary of the Army may convey to vided under paragraph (1) for purposes of en- 4), and crimes against humanity (Article 5); Ramsey County, Minnesota (in this section vironmental baseline studies. The Chief Prosecutor of the ICTY, Justice referred to as the ‘‘County’’), all right, title, (b) LIMITATION.—The requirement to pro- Louise Arbour, stated on July 7, 1998, to the and interest of the United States in and to a vide information and technical guidance Contact Group for the former Yugoslavia parcel of real property, including improve- under subsection (a) may not be construed to that ‘‘[t]he Prosecutor believes that the na- ments thereon, consisting of approximately establish on the part of the United States ture and scale of the fighting indicate that 35 acres at the Twin Cities Army Ammuni- any liability or obligation for the costs of an ‘armed conflict’, within the meaning of tion Plant, for the purpose of permitting the environmental restoration or remediation at international law, exists in Kosovo. As a County to construct a maintenance facility any installation or site referred to in para- consequence, she intends to bring charges for crimes against humanity or war crimes, if on the parcel. graph (1) of that subsection. evidence of such crimes is established’’; (c) CONSIDERATION.—As a consideration for (c) DEFINITION.—In this section, the term Reports from Kosovar Albanian refugees the conveyances under this section, the City ‘‘foreign nation that is a strategic partner of provide detailed accounts of systematic ef- shall make the city hall complex available the United States’’ means any nation which forts to displace the entire Muslim popu- for use by the Minnesota National Guard for cooperates with the United States on mili- lation of Kosovo; public meetings, and the County shall make tary matters, whether by treaty alliance or In furtherance of this plan, Serbian troops, the maintenance facility available for use by informal arrangement. police, and paramilitary forces have engaged the Minnesota National Guard, as detailed in in detention and summary execution of men agreements entered into between the City, AMENDMENT NO. 382 of all ages, wanton destruction of civilian County, and the Commanding General of the At the appropriate place, insert the fol- housing, forcible expulsions, mass executions Minnesota National Guard. Use of the city lowing: in at least 60 villages and towns, as well as hall complex and maintenance facility by SEC. ll. EVALUATION OF THE OUTCOME OF widespread organized rape of women and the Minnesota National Guard shall be with- WELFARE REFORM. young girls; out cost to the Minnesota National Guard. Section 411(b) of the Social Security Act These reports of atrocities provide prima (d) DESCRIPTION OF PROPERTY.—The exact (42 U.S.C. 611(b)) is amended— facie evidence of war crimes, crimes against acreage and legal description of the real (1) in paragraph (3), by striking ‘‘and’’ at humanity, as well as genocide; property to be conveyed under this section the end; Any criminal investigation is best served shall be determined by surveys satisfactory (2) in paragraph (4), by striking the period by the depositions and interviews of wit- to the Secretary. The cost of the survey and inserting ‘‘; and’’; and nesses as soon after the commission of the shall be borne by the recipient of the real (3) by adding at the end the following: crime as possible; property. ‘‘(5) for each State program funded under The indictment, arrest, and trial of war (e) ADDITIONAL TERMS AND CONDITIONS.— this part, data regarding the rate of employ- criminals would provide a significant deter- The Secretary may require such additional ment, job retention, earnings characteris- rent to further atrocities; The ICTY has issued 14 international war- terms and conditions in connection with the tics, health insurance status, and child care rants for war crimes suspects that have yet conveyances under this section as the Sec- access and cost for former recipients of as- to be served, despite knowledge of the sus- retary considers appropriate to protect the sistance under the State program during, interests of the United States. pects’ whereabouts; with respect to each such recipient, the first Vigorous prosecution of war crimes after 24 months occurring after the date that the the conflict in Bosnia may have prevented WELLSTONE AMENDMENTS NOS. recipient ceases to receive such assistance.’’. the ongoing atrocities in Kosovo; and 380–382 Investigative reporters have identified spe- Mr. WELLSTONE proposed three SPECTER AMENDMENT NO. 383 cific documentary evidence implicating the Serbian leadership in the commission of war amendments to the bill, S. 1059, supra; Mr. SPECTER proposed an amend- crimes. as follows: ment to the bill, S. 1059, supra; as fol- SEC. 2. It is the sense of Congress that— AMENDMENT NO. 380 lows: (1) the United States, in coordination with On page 387, below line 24, add the fol- At the appropriate place add the following other United Nations contributors, should lowing: new section: provide sufficient resources for an expedi- tious and thorough investigation of allega- SEC. 1061. EXPANSION OF LIST OF DISEASES PRE- SEC. . Directing the President, pursuant SUMED TO BE SERVICE-CONNECTED to the United States Constitution and the tions of the atrocities and war crimes com- FOR RADIATION-EXPOSED VET- War Powers Resolution, to seek approval mitted in Kosovo; ERANS. from Congress prior to the introduction of (2) the United States, through its intel- Section 1112(c)(2) of title 38, United States ground troops from the United States Armed ligence services, should provide all possible Code, is amended by adding at the end the Forces in connection with the present oper- cooperation in the gathering of evidence of sufficient specificity and credibility to se- following: ations against the Federal Republic of Yugo- cure the indictment of those responsible for ‘‘(P) Lung cancer. slavia or funding for that operation will not the commission of war crimes, crimes ‘‘(Q) Colon cancer. be authorized. against humanity, and genocide in the ‘‘(R) Tumors of the brain and central nerv- None of the funds authorized or otherwise ous system.’’. former Yugoslavia; available to the Department of Defense may (3) where evidence warrants, indictments be obligated or expended for the deployment for war crimes, crimes against humanity, AMENDMENT NO. 381 of ground troops from the United States and genocide should be issued against sus- On page 83, between lines 7 and 8, insert Armed Forces in Kosovo, except for peace- pects regardless of their position within the the following: keeping personnel, unless authorized by a Serbian leadership; SEC. 329. PROVISION OF INFORMATION AND declaration of war or a joint resolution au- (4) the United States and all nations have TECHNICAL GUIDANCE TO CERTAIN thorizing the use of military force. an obligation to honor arrest warrants FOREIGN NATIONS REGARDING EN- issued by the ICTY, and the United States VIRONMENTAL CONTAMINATION AT should use all appropriate means to appre- UNITED STATES MILITARY INSTAL- LANDRIEU (AND OTHERS) LATIONS CLOSED OR BEING CLOSED AMENDMENT NO. 384 hend war criminals already under indict- IN SUCH NATIONS. ment; and Mr. SPECTER (for Ms. LANDRIEU (for (a) REQUIREMENT TO PROVIDE INFORMATION (5) NATO should not accept any diplomatic PECTER EVIN AND GUIDANCE.—The Secretary of Defense herself, Mr. S , Mr. L , Mr. resolution to the conflict in Kosovo that shall provide to each foreign nation that is a DORGAN, and Mrs. FEINSTEIN)) proposed would bar the indictment, apprehension, or strategic partner of the United States the an amendment to the bill, S. 1059, prosecution of war criminals for crimes following: supra; as follows: conmitted during operations in Kosovo. (1) Such information meeting the stand- At the end of title 10 add the following: ards and practices of the United States envi- The Senate finds that: THOMAS (AND ENZI) AMENDMENT ronmental industry as is necessary to assist The United Nations Security Council cre- NO. 385 the foreign nation in determining the nature ated the International Criminal Tribunal for and extent of environmental contamination the former Yugoslavia (in this concurrent (Ordered to lie on the table.) at— resolution referred to as the ‘‘ICTY’’) by res- Mr. THOMAS (for himself and Mr. (A) each United States military installa- olution on May 25, 1993; ENZI) submitted an amendment in- tion located in the foreign nation that is Although the ICTY has indicted 84 people tended to be proposed by them to the being closed; and since its creation, these indictments have bill, S. 1059, supra; as follows:

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5878 CONGRESSIONAL RECORD — SENATE May 24, 1999 At the appropriate place in the bill, insert (1) in subsection (a), by striking ‘‘sub- maintaining that ‘‘these two officers were the following new section and renumber the sections (b) through (f)’’ and inserting ‘‘sub- martyred’’ and ‘‘if they had been brought to remaining sections accordingly: sections (b) through (e)’’; trial, both would have been cleared of the ‘‘SEC. . PROHIBITION ON THE RETURN OF VET- (2) by striking subsection (b) and inserting charge’’. ERANS MEMORIAL OBJECTS TO FOR- the following new subsection (b): (6) On October 19, 1944, a Naval Court of In- EIGN NATIONS WITHOUT SPECIFIC ‘‘(b) CONSIDERATION.—(1) In the event of quiry— AUTHORIZATION IN LAW. the transfer of the property under subsection (A) exonerated Admiral Kimmel on the (A) PROHIBITION.—Notwithstanding section (a) to the State of Maryland, the transfer grounds that his military decisions and the 2572 of title 10, United States Code, or any shall be with consideration or without con- disposition of his forces at the time of the other provision of law, the President may sideration from the State of Maryland, at December 7, 1941 attack on Pearl Harbor not transfer a veterans memorial object to a the election of the Secretary. were proper ‘‘by virtue of the information foreign country or entity controlled by a for- ‘‘(2) If the Secretary elects to receive con- that Admiral Kimmel had at hand which in- eign government, or otherwise transfer or sideration from the State of Maryland under dicated neither the probability nor the im- convey such object to any person or entity paragraph (1), the Secretary may reduce the minence of an air attack on Pearl Harbor’’; for purposes of the ultimate transfer or con- amount of consideration to be received from (B) criticized the higher command for not veyance of such object to a foreign country the State of Maryland under that paragraph sharing with Admiral Kimmel ‘‘during the or entity controlled by a foreign govern- by an amount equal to the cost, estimated as very critical period of 26 November to 7 De- ment, unless specifically authorized by law. of the time of the transfer of the property cember 1941, important information . . . re- (b) DEFINITIONS.—In this section: under this section, of the restoration of the garding the Japanese situation’’; and (1) ENTITY CONTROLLED BY A FOREIGN GOV- (C) concluded that the Japanese attack and ERNMENT.—The term ‘‘entity controlled by a historic buildings on the property. The total its outcome was attributable to no serious foreign government’’ has the meaning given amount of the reduction of consideration fault on the part of anyone in the naval serv- that term in section 2536(c)(1) of title 10, under this paragraph may not exceed $500,000.’’; ice. United States Code. (7) On June 15, 1944, an investigation con- (2) VETERANS MEMORIAL OBJECT.—The term (3) by striking subsection (d); and ducted by Admiral T.C. Hart at the direction ‘‘veterans memorial object’’ means any ob- (4) by redesignating subsections (e) and (f) of the Secretary of the Navy produced evi- ject, including a physical structure or por- as subsections (d) and (e), respectively. tion thereof, that— dence, subsequently confirmed, that essen- (A) is located at a cemetery of the Na- tial intelligence concerning Japanese inten- ROTH (AND OTHERS) AMENDMENT tions and war plans was available in Wash- tional Cemetery System, was memorial, or NO. 388 military installation in the United States; ington but was not shared with Admiral (B) is dedicated to, or otherwise memorial- Mr. ROTH (for himself, Mr. BIDEN, Kimmel. izes, the death in combat or combat-related Mr. THURMOND, and Mr. KENNEDY) pro- (8) On October 20, 1944, the Army Pearl duties of members of the United States posed an amendment to the bill, S. Harbor Board of Investigation determined that— Armed Forces; and 1059, supra; as follows: (C) was brought to the United States from (A) Lieutenant General Short had not been abroad as a memorial of combat abroad.’’ In title V, at the end of subtitle F, add the kept ‘‘fully advised of the growing tenseness following: of the Japanese situation which indicated an SARBANES AMENDMENTS NOS. 386– SEC. 582, POSTHUMOUS ADVANCEMENT OF REAR increasing necessity for better preparation ADMIRAL (RETIRED) HUSBAND E. for war’’; 387 KIMMEL AND MAJOR GENERAL (RE- (B) detailed information and intelligence (Ordered to lie on the table.) TIRED) WALTER C. SHORT ON RE- about Japanese intentions and war plans Mr. SARBANES submitted two TIRED LISTS. were available in ‘‘abundance’’, but were not amendments intended to be proposed (a) FINDINGS.—Congress makes the fol- shared with Lieutenant General Short’s Ha- lowing findings: waii command; and by him to the bill, S. 1059, supra; as fol- (1) The late Rear Admiral (retired) Hus- lows: (C) Lieutenant General Short was not pro- band E. Kimmel, formerly serving in the vided ‘‘on the evening of December 6th and AMENDMENT NO. 386 grade of admiral as the Commander in Chief the early morning of December 7th, the crit- At the end of subtitle E of title XXVIII, of the United States Fleet and the Com- ical information indicating an almost imme- add the following: mander in Chief, United States Pacific Fleet, diate break with Japan, though there was SEC.—. ONE-YEAR DELAY IN DEMOLITION OF had an excellent and unassailable record ample time to have accomplished this’’. RADIO TRANSMITTING FACILITY throughout his career in the United States (9) The reports by both the Naval Court of TOWERS AT NAVAL STATION, ANNAP- Navy prior to the December 7, 1941 attack on Inquiry and the Army Pearl Harbor Board of OLIS, MARYLAND, TO FACILITATE Pearl Harbor. Investigation were kept secret, and Rear Ad- TRANSFER OF TOWERS. (2) The late Major General (retired) Walter (a) ONE-YEAR DELAY.—Notwithstanding miral (retired) Kimmel and Major General C. Short, formerly serving in the grade of any other provision of law, the Secretary of (retired) Short were denied their requests to lieutenant general as the Commander of the the Navy may not obligate or expend any defend themselves through trial by court- United States Army Hawaiian Department, funds for the demolition of the naval radio martial. had an excellent and unassailable record transmitting facility (NRTF) towers de- (10) The joint committee of Congress that throughout his career in the United States scribed in subsection (b) during the one-year was established to investigate the conduct of Army prior to the December 7, 1941 attack on period beginning on the date of the enact- Admiral Kimmel and Lieutenant General Pearl Harbor. ment of this Act. Short completed, on May 31, 1946, a 1,075- (3) Numerous investigations following the (b) COVERED TOWERS.—The naval radio page report which included the conclusions transmitting facility towers described in this attack on Pearl Harbor have documented of the committee that the two officers had subsection are the three southeastern most that then Admiral Kimmel and then Lieu- not been guilty of dereliction of duty. naval radio transmitting facility towers lo- tenant General Short were not provided nec- (11) The Officer Personnel Act of 1947, in cated at Naval Station, Annapolis, Mary- essary and critical intelligence that was establishing a promotion system for the land, that are scheduled for demolition as of available, that foretold of war with Japan, Navy and the Army, provided a legal basis the date of the enactment of this Act. that warned of imminent attack, and that for the President to honor any officer of the (c) TRANSFER OF TOWERS.—the Secretary would have alerted them to prepare for the Armed Forces of the United States who shall transfer to the State of Maryland, or to attack, including such essential commu- served his country as a senior commander Anne Arundel County, Maryland, all right, niques as the Japanese Pearl Harbor Bomb during World War II with a placement of title, and interest of the United States in Plot message of September 24, 1941, and the that officer, with the advice and consent of and out the towers described in subsection message sent from the Imperial Japanese the Senate, on the retired list with the high- (b) if the State of Maryland or Anne Arundel Foreign Ministry to the Japanese Ambas- est grade held while on the active duty list. County Maryland, as the case may be, agrees sador in the United States from December 6– (12) On April 27, 1954, the then Chief of to accept such right, title, and interest from 7, 1941, known as the Fourteen-Part Message. Naval Personnel, Admiral J.L. Holloway, Jr., the United States during the one-year period (4) On December 16, 1941, Admiral Kimmel recommended that Rear Admiral Kimmel be referred to in subsection (a). and Lieutenant General Short were relieved advanced in rank in accordance with the pro- of their commands and returned to their per- visions of the Officer Personnel Act of 1947. AMENDMENT NO. 387 manent ranks of rear admiral and major gen- (13) On November 13, 1991, a majority of the On page 459, between lines 17 and 18, insert eral. members of the Board for the Correction of the following: (5) Admiral William Harrison Standley, Military Records of the Department of the SEC. 2844. MODIFICATION OF LAND CONVEYANCE who served as a member of the investigating Army found that the late Major General (re- AUTHORITY, FORMER NAVAL TRAIN- commission known as the Roberts Commis- tired) Short ‘‘was unjustly held responsible ING CENTER, BAINBRIDGE, CECIL sion that accused Admiral Kimmel and Lieu- for the Pearl Harbor disaster’’ and that ‘‘it COUNTY, MARYLAND. tenant General Short of ‘‘dereliction of would be equitable and just’’ to advance him Section 1 of Public Law 99–596 (100 Stat. duty’’ only six weeks after the attack on to the rank of lieutenant general on the re- 3349) is amended— Pearl Harbor, later disavowed the report tired list’’.

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5879 (14) In October 1994, the then Chief of Naval (b) REQUEST FOR ADVANCEMENT ON RETIRED morial Day, 1999. This year, as brave Operations, Admiral Carlisle Trost, withdrew LISTS.—(1) The President is requested— American patriots willingly put them- his 1988 recommendation against the ad- (A) to advance the late Rear Admiral (re- selves in ‘‘harm’s way’’ to defend the vancement of Rear Admiral (retired) Kimmel tired) Husband E. Kimmel to the grade of ad- values and national interests of all (By then deceased) and recommended that miral on the retired list of the Navy; and the case of Rear Admiral Kimmel be re- (B) to advance the late Major General (re- Americans in places like the Balkans opened. tired) Walter C. Short to the grade of lieu- and the Persian Gulf, I rise to remind (15) Although the Dorn Report, a report on tenant general on the retired list of the my colleagues here in the United the result of a Department of Defense study Army. States Senate and the American people that was issued on December 15, 1995, did not (2) Any advancement in grade on a retired of one distinguished group of patriots provide support for an advancement of the list requested under paragraph (1) shall not who gave so unselfishly at a time when late Rear Admiral (retired) Kimmel or the increase or otherwise modify the compensa- late Major General (retired) Short in grade, their rights of citizenship were re- tion or benefits from the United States to stricted—the Navajo Code Talkers of it did set forth as a conclusion of the study which any person is now or may in the future that ‘‘responsibility for the Pearl Harbor dis- be entitled based upon the military service World War II. I want to let everyone aster should not fall solely on the shoulders of the officer advanced. know how honored we Delawareans are of Admiral Kimmel and Lieutenant General (c) SENSE OF CONGRESS.—It is the sense of to welcome to my state one of these Short, it should be broadly shared’’. Congress that— Native American patriots and World (16) The Dorn Report found— (1) the late Rear Admiral (retired) Husband (A) that ‘‘Army and Navy officials in War II veterans this Memorial Day E. Kimmel performed his duties as Com- Washington were privy to intercepted Japa- weekend. mander in Chief, United States Pacific Fleet, nese diplomatic communications . . . which The Clarence Vinson-John Chason competently and professionally, and, there- provided crucial confirmation of the immi- Post #3238 of the Veterans of Foreign fore, the losses incurred by the United States nence of war’’; Wars, in Camden, Delaware will have (B) that ‘‘the evidence of the handling of in the attacks on the naval base at Pearl Harbor, Hawaii, and other targets on the is- the distinct privilege of hosting Mr. these messages in Washington reveals some Samuel Billison. Mr. Billison was one ineptitude, some unwarranted assumptions land of Oahu, Hawaii, on December 7, 1941, and misestimations, limited coordination, were not a result of dereliction in the per- of the Navajo Code Talkers who helped ambiguous language, and lack of clarifica- formance of those duties by the then Admi- the United States of America defeat tion and follow-up at higher levels’’; and ral Kimmel; and the Axis Powers in the Pacific during (C) that ‘‘together, these characteristics (2) the late Major General (retired) Walter World War II. Mr. Billison is traveling resulted in failure . . . to appreciate fully C. Short performed his duties as Com- from Window Rock, Arizona to be the and to convey to the commanders in Hawaii manding General, Hawaiian Department, featured speaker at the May 31st Me- competently and professionally, and, there- the sense of focus and urgency that these morial Day observances being con- intercepts should have engendered’’. fore, the losses incurred by the United States (17) On July 21, 1997, Vice Admiral David C. in the attacks on Hickam Army Air Field ducted by VFW Post #3238 at the Richardson (United States Navy, retired) re- and Schofield Barracks, Hawaii, and other Ceasar Rodney High School audito- sponded to the Dorn Report with his own targets on the island of Oahu, Hawaii, on De- rium. study which confirmed findings of the Naval cember 7, 1941, were not a result of derelic- My state—the First State, the State Court of Inquiry and Army Pearl Harbor tion in the performance of those duties by that started our nation—has a long and Board of Investigation and established, the then Lieutenant General Short. proud history of celebrating the cul- among other facts, that the war effort in 1941 f ture and accomplishments of Native was undermined by a restrictive intelligence distribution policy, and the degree to which AUTHORITY FOR COMMITTEES TO Americans. It is only fitting, therefore, the commanders of the United States forces MEET that Post Commander Mark Newman in Hawaii were not alerted about the im- and Memorial Day Program Director pending attack on Hawaii was directly at- COMMITTEE ON INDIAN AFFAIRS Thomas E. Weyant sought out Mr. tributable to the withholding of intelligence Mr. SMITH of New Hampshire. Mr. Samuel Billison, once one of the select from then Admiral Kimmel and Lieutenant President, I would like to announce Navajo Code Talkers. General Short. that the Senate Committee on Indian Each Navajo Code Talker made an in- (18) Rear Admiral (retired) Kimmel and Affairs will meet during the session of Major General (retired) Short are the only valuable personal contribution to the two officers eligible for advancement under the Senate on Wednesday, May 26, 1999, success of our nation’s effort in World the Officer Personnel Act of 1947 as senior at 9:30 a.m. to conduct a hearing on War II to preserve freedom and democ- World War II commanders who were excluded American Indian Youth Activities and racy. What is most astonishing about from the list of retired officers presented for Initiatives. The hearing will be held in this is that they were willing to take advancement on the retired lists to their room 485, Russell Senate Building. on the responsibilities of democracy at highest wartime ranks under that Act. The PRESIDING OFFICER. Without a time when they were not allowed to (19) This singular exclusion from advance- objection, it is so ordered. ment of Rear Admiral (retired) Kimmel and enjoy the full blessings and rights of Major General (retired) Short from the Navy SUBCOMMITTEE ON CRIMINAL JUSTICE democracy here at home. retired list and the Army retired list, respec- OVERSIGHT Their communications contribution tively, serves only to perpetuate the myth Mr. SMITH of New Hampshire. Mr. to World War II began in 1942 with a that the senior commanders in Hawaii were President, I ask unanimous consent small group of 29 Navajos who shared derelict in their duty and responsible for the that the Subcommittee on Criminal their unique and unwritten language success of the attack on Pearl Harbor, and is Justice Oversight, of the Senate Judi- with the United States Marine Corps. a distinct and unacceptable expression of dis- Together they developed an unbreak- honor toward two of the finest officers who ciary Committee, be authorized to have served in the Armed Forces of the meet during the session of the Senate able verbal code. By 1943, nearly 200 United States. on Monday, May 24, 1999, at 3 p.m. to Navajo Code Talkers were dispersed to (20) Major General (retired) Walter Short hold a hearing in room 226, Senate three combat divisions of the U.S. Ma- died on September 23, 1949, and Rear Admiral Dirksen Office Building, on: ‘‘Bureau of rine Corps. As part of Marine Corps sig- (retired) Husband Kimmel died on May 14, Prisons Oversight: The Importance of nal units, they participated through 1968, without having been accorded the honor Federal Prison Industries.’’ 1944 in the Pacific battles whose names of being returned to their wartime ranks as bear witness to the honor and bravery were their fellow veterans of World War II. The PRESIDING OFFICER. Without (21) The Veterans of Foreign Wars, the objection, it is so ordered. of America’s Marines—Bouganville, Pearl Harbor Survivors Association, the Ad- f Tarawa, Cape Gloucester, the Marshall miral Nimitz Foundation, the Naval Acad- Islands, Saipan, Guam, and Peleiu. emy Alumni Association, the Retired Offi- ADDITIONAL STATEMENTS As 1945 unfolded, all six divisions of cers Association, the Pearl Harbor Com- the Marine Corps in the Pacific theater memorative Committee, and other associa- were using the distinctive skills and tions and numerous retired military officers REMEMBERING THE NAVAJO CODE loyal services of approximately 400 have called for the rehabilitation of the rep- TALKERS ON MEMORIAL DAY Navajo Code Talkers. These brave Na- utations and honor of the late Rear Admiral ∑ (retired) Kimmel and the late Major General Mr. BIDEN. Mr. President, as our na- tive Americans joined other coura- (retired) Short through their posthumous ad- tion gratefully remembers the deceased geous Marines to recapture Iwo Jima vancement on the retired lists to their high- men and women of our military, I have and Okinawa. In the first two days of est wartime grades. a special commemoration for this Me- the battle for Iwo Jima, Navajo Code

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5880 CONGRESSIONAL RECORD — SENATE May 24, 1999 Talkers flawlessly translated over 800 ports are being sold well below the Let me add my voice to those urging messages. At the end of that month- price of identical domestic products the President to fashion strong, effec- long blood bath, it was Navajo Code and have created a slow motion, chain tive import relief for the U.S. lamb in- Talkers who spelled out ‘‘Mt. reaction collapse of the lamb market dustry. This relief must do two things, Suribachi’’ as the flag was raised. By that continues through this day. curb this unprecedented surge of im- late 1945, the Navajo Code Talkers were This nation’s lamb industry suffers ports and level the playing field.∑ serving with the occupation forces in not only from the unprecedented surge f Japan and China. of imports that have flooded the do- The historical accomplishments and mestic marketplace. It suffers not only RECOGNITION OF EDGAR LEE story of the Navajo Code Talkers must from the skyrocketing, record-setting NEWTON be preserved and retold for future gen- levels that now dominate one-third of ∑ Mr. LEVIN. Mr. President, I rise erations. These Native American com- all lamb consumed in the United today to pay tribute to a remarkable munications experts used their native States. person from my home state of Michi- tongue to thwart the enemy; to expe- This industry also suffers from severe gan, Mr. Edgar Lee Newton. On May 23, dite military operations for critical and consistent price undercutting by 1999, Mr. Newton will be honored upon territory; and to save countless lives in importers. his retirement after 18 years as the combat. Learning their story and re- Evidence of the price disparity can be president of the Bay City branch of the peating it is more than a matter of his- found in the report prepared by the NAACP. torical accuracy and completeness, or U.S. International Trade Commission. As president of the Bay City NAACP, even a matter of just recognition and The Commission made dozens of prod- Edgar Newton has fought many dif- gratitude. As my friend Tom Weyant uct-to-product comparisons. In 8 out of ficult battles for equality and civil pointed out—speaking, I believe, for all 10 comparisons, the Commission found rights. Although his tireless efforts on Delawareans—it is also critical that imports undercutting domestic prod- behalf of the NAACP are worthy of rec- Americans enter the New Millennium ucts by margins of 20 percent to 40 per- ognition in their own right, Mr. New- understanding the community ethos cent. ton has not confined his community and deep patriotism of the Navajos who Other comparisons have found dis- service to the NAACP. He has also fought in World War II. The Navajos parities reaching as high as 70 percent. served with distinction in leadership saw that ‘‘pulling together’’ was a mat- This gulf is directly related to global roles with organizations like the Amer- ter of national survival. They gave un- economic conditions. In Asia, the wide- ican Red Cross, the United Way, Habi- selfishly to defend ideals that even spread economic crash left traditional tat for Humanity and the Kiwanis today, all we Americans still have not buyers unable to pay for new ship- Club. fully realized here in the United ments of lamb meat from Australia and Edgar Newton’s departure from the States, because the Navajos had faith New Zealand—those products had to go NAACP will mark a new chapter in his that America would always continue to somewhere. life. I can only hope it is as successful move toward the realization and fulfill- It couldn’t go to the European mar- as his civil rights career. Though I am ment of those ideals. ket. The European Union has absolute sure he will remain active in the Bay Mr. President, we in Delaware salute quotas in place to govern the amount City community, he will enjoy spend- the Navajo Code Talkers of World War of lamb imports into that market. ing more time with his wife Shirley II. They are unsung heroes who played Instead, it came here, to the United and his two children and grandchild. I a vital role in our ultimate success in States market. It came to a market am pleased to join his colleagues, the Pacific by providing a code which that stands open and unprotected. To a friends and family in offering my the Japanese never could decipher. market where the government has done thanks for all he has done. While many knew that Native Ameri- nothing, absolutely nothing, to protect Mr. President, Edgar Newton can cans faithfully served in the war, in- its own domestic industries from dev- take pride in the many important cluding Navajos, it was not until 1968 astating surges of imports. achievements of his tenure with the that the existence of this top-secret That surge began what amounts to a NAACP. He has truly exhibited a dedi- code was finally declassified and made slow-motion crash of the domestic cation to justice and equality for all public. Our entire country is indebted lamb market in the fall on 1997. Pack- people. I know my colleagues will join to Mr. Billison, to all the Navajo Code ers and processors with lamb to sell me in saluting his commitment to civil Talkers, and to the thousands of Na- suddenly lost account after account to rights and in wishing him well in his tive Americans from various tribes who the cheaper imports. Losing money by retirement.∑ served so loyally and selflessly in both the day, they had none to pay to their f own suppliers and the lamb feeder the Pacific and European theaters of MELISSA YORK, WINNER OF World War II. We must never forget the level. And so it went, with domestic pro- JAMES MADISON MEMORIAL ultimate sacrifice these Native Ameri- FOUNDATION FELLOWSHIP cans were willing to make at a time ducers hoping the surge would slow of when they and their families were not its own accord. Hoping the importers ∑ Mr. GORTON. Today, I would like to even allowed to vote or participate in would realize the devastation they’d recognize Melissa York, a teacher from the full fruits of American citizenship wrought. Hoping they could stay in Tyee High School in Seatac. She has in several states. business long enough to finish upgrad- won Washington State’s 1999 James Mr. Samuel Billison, the Navajo leg- ing equipment, or solidifying alli- Madison Memorial Foundation Fellow- acy of patriotism, the Navajo contribu- ances—to become more competitive. ship which will pay for her graduate tion of their unique skills, the Navajo But the onslaught from imports was school program. heritage of heroism, and the Navajo ex- relentless. From the processors and James Madison was perhaps the hard- ample of love for America must be car- packers to the feeders, the domestic est working and most widely respected ried forward by us all. Your story em- market crash now reaches all the way man of his day. Commonly hailed as bodies all that we Americans look for to farms and ranches that have stood the Father of our Constitution, Madi- in our heroes today and that we revere for generations—an entire industry son had more to do with its conception in the rich tradition of our United teeters on the edge of financial ruin. than any other man. He was the driv- States Marine Corps. To you and to all Last fall, some producers with sheep ing force in organizing the convention who served, I thank you.∑ to sell couldn’t find a single buyer. For and in establishing the tone and iron- f the second Easter/Passover season in a ing out each obstacle that threatened row, the market’s traditional high the success of the Constitution. SECTION 201 PETITION FOR THE point and the largest holiday mar- Because of Madison’s tremendous LAMB INDUSTRY keting period of the year—live lambs contributions to the creation of the ∑ Mr. BURNS. Mr. President, I rise were selling in the 60-cent per pound Constitution, Congress decided to es- today to bring to everyone’s attention range. Few producers in the country tablish the Memorial Foundation Fel- the issue of lamb imports. These im- can remain in business at those prices. lowship to recognize Americans who

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5881 teach American history and the Con- This remarkable performance is a tribute they are short enough. Good stuff, but, in re- stitution to our young people. to his school, though schools are rarely membering Roman, I’m inclined to want to Each day Melissa teaches eleventh praised these days. This success requires ef- cover everything, filibuster a bit, if you and twelfth graders about the Con- fective instruction year upon year. please, and exhaust both your goodwill and stitution and how it is used in every- His award is an accolade that also belongs patience, so I’ll condense best I can! He was to his parents, who support his studies. so special to me and many of you, too. day life and how it is reflected in our Would that more parents lavished as much HIS WORK ETHIC society. The future of our country de- time on their children’s academics as they Roman’s work was always his total recre- pends on today’s students and on their do on their sports. ation—Oh, occasionally he would super- knowledge and comprehension of our The high finish is also a sign that he is a ficially fish, hunt and in later years, cheer smart kid, very smart, and that is worth a Constitution and government. the mighty Cornhuskers on to victory! Early great deal in the life Alex and his classmates She not only gives her students on, I must concede, he would have easily ac- have ahead of them. greater understanding of our country, cepted the specious thought that ‘‘a quarter- Of course, schools cannot fix their atten- but she also inspires her students to back was a refund on the ticket.’’ tion solely on top students, because they achieve more through her example. By Many here will remember genial Dean must serve everyone who enters their doors. Pohlenz, the Senator’s long time and won- continuing her own education, Melissa But they can recognize talent and reward derful AA. He and I once seriously conspired is showing her students that the edu- performance, because it motivates other stu- against Roman and another very studious cational process should never end. dents, and because it serves as a reminder of and important top aide to Roman, Bob I applaud Melissa for her hard work what school is for: to learn, to strive, to fail Kutak. (Kutak and Harold Rock later orga- and dedication to her profession and at times and gain by the experience, and to nized Kutak-Rock, a very successful national achieve. for her commitment to her students law firm with which Roman proudly associ- ∑ For his knowledge of math, statistics, ge- and to learning. ated after leaving the Senate.) Kutak’s inter- ometry and more, Alex receives a $6,000 col- f est and knowledge of sports made Roman lege scholarship—a fitting prize. Learning look like the legendary Grantland Rice. So, SALUTE TO ALEX XUE offers rewards for every student, though, not Dean and I decided to reserve a table for four just the smartest, and education level is the ∑ Mr. LEAHY. Mr. President, on Fri- in the Senate Dining Room for Roman and clearest indicator of a person’s later wages. Kutak, and then have two New York baseball day May 14th, MATHCOUNTS held its Won’t it be fun to see what becomes of stalwarts, Casey Stengel and Yogi Berra join national competition in Washington, Alex and his abilities? Wouldn’t it be some- them for lunch, ostensibly for Berra and D.C.—the culmination of local and thing if society thought of every child’s po- Stengel to advise on finalizing a professional State competitions involving 350,000 tential that way?∑ students. It gives me great pleasure to sports anti-trust bill. It didn’t happen, but f we figured that a recording of that awkward inform my colleagues that Alex Xue, a luncheon conversation would have gone resident of Essex Junction, VT finished ‘‘FRIENDS OF ROMAN LEE HRUSKA’’ down in history as a sports classic—of sorts. second in this competition and re- Just a few Hruska vignettes: ∑ ceived a $6,000 college scholarship. Mr. HAGEL. Mr. President, I ask DEBATE COMRADES In a day and age where we are that the attached comments made by At Commerce High School, Roman was a bombarded by reports of failing school the Honorable Charles Thone at the star debater. His team should go down as a systems and apathetic young people, I memorial service for former Senator Hall of Famer. The team was Harry Cohen, a believe it is extremely important to Roman Lee Hruska, be printed in the brilliant lawyer who was later President of recognize Alex’s tremendous accom- RECORD for Monday, April 26, 1999, im- the Nebraska Bar Association; Dick Robin- plishment. His success is a tribute not mediately following my remarks enti- son, another very successful lawyer, and a only to his own intelligence and hard tled, ‘‘Tribute to U.S. Senator Roman beloved Federal District Judge; Jerry Kutak, work, but also to his family, his teach- L. Hruska.’’ business tycoon, President of Guarantee Life of Hammond, Ind; and Roman. They stayed ers and his school community. The comments follow: In addition to meeting with Alex and life-long friends and confidants and what a FRIENDS OF ROMAN LEE HRUSKA joy it was just to see the four together vis- his MATHCOUNTS teammates on the Friends all: iting and reminiscing. Senate steps prior to the competition, First, let me, and all of you here today, OMAHA ROOTS by coincidence, I was on Alex’s flight recognize two special people, Millie and Carl Roman loved Omaha, and he effectively back to Vermont on the Sunday fol- Curtis. Sen. Curtis served all 22 years with promoted his town throughout his career—he Roman, and Senator Hruska always ac- lowing his competition. I had a chance was the Senate architect of its Interstate knowledged that no U.S. Senator ever had a to talk with Alex and compliment him System. S.A.C. and his friend, Curtis LeMay, more caring, a better and more cooperative on his tremendous achievement. He were also tremendous beneficiaries of his colleague anywhere—anytime. Thank you, was holding the trophy he had received Senate Appropriation skills. Chuck Durham, Senator Curtis. and when I admired it, although it was Ed Owen, Morrie Jacobs, Art Storz, Don clear that he was happy with it, he was INTRODUCTIONS Ross, John McCollister, Peter Kiewit, Cliff especially pleased with the college It seems only fitting to also recognize all and Ann Batchelder were notables as his scholarship. I praised him as any public officials present. It is from thence, early Omaha Betterment Co-Conspirators. that Roman sprung. He epitomized public WORLD-HERALD RESPECT Vermonter would, but I was impressed service at its best. He lived it! He loved it! He always thought the Omaha World-Her- with his modesty and his pride in his He honored it! ald was easily the country’s best newspaper family and school. This is a young man He would have been pleased to know that, and frequently checked in with then pub- at the outset here, all Judges, current & who will do remarkably well in life and lisher, Walt Christensen and editor, Fred past, all Federal, State and County officials, we Vermonters should be proud that he Ware—and, there was also a brilliant, hard current and past, are asked to stand for a is one of us. working Statehouse and Douglas County brief silent recognition. I also want to espe- I ask that the editorial detailing Court House Reporter named Harold Ander- cially recognize Governor Mike Johanns; Alex’s achievement, which appeared in sen, whom he respected very much. World- Former Governor Kay Orr and Bill; Former Herald-wise, we wonder what ever happened the Burlington Free Press, be printed Governor Ben Nelson, Former Governor and to Harold. in the RECORD. U.S. Senator Jim Exon and Pat; former Con- The article follows: gressman John Y. McCollister and Nan; Ne- FAMILY LOVE [From the Burlington Free Press, May 19, braska Supreme Court Chief Justice John Family was most important to Roman. His 1999] Hendry; Congressman Doug Bereuter and wife and life-long partner, Victoria Kuncl WHAT ALEX KNOWS Louise; and Congressman Lee Terry. Also, a Hruska was simply the best. A special wife Imagine a 13-year-old boy who finished sec- special salute to former chair of the Lan- and mother—and a political associate in a ond in the nation in an athletic event. caster County Board and the lifelong Doug- very effective low-key way—no flim-flam, no Vermont would know exactly how to cele- las Theatre skilled business partner of nonsense, just herself—beautiful Victoria. brate: His parents and coaches would be Roman, Russell Brehm of Lincoln and his We last visited with able and vivacious praised, he would be held up as a role model charming wife Louise Brehm. Also, Attorney daughter, Jana at the David City Library for other kids, his community would be General Don Stenberg, a former Hruska staff Dedication Ceremony. She has been suffering proud. member. terribly with dreaded Lou Gehrig’s disease. Alex Xue of Essex Junction deserves the It was the British iconoclast, George B. Her devoted husband, Charlie Fagan, is here same response, for scoring second in a na- Shaw who once wisely opined, ‘‘No remarks from Maryland. Son Quentin came home sev- tionwide math contest last week. from a former Governor are all that bad’’—if eral years ago and carefully cared so well for

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5882 CONGRESSIONAL RECORD — SENATE May 24, 1999 his parents. You met the ‘‘Big Guy’’, eldest yers here, this was a very substantial over- General Gay’s contributions to the son, Roman Jr., earlier on this program—his haul of the entire title 18 of the U.S. Code. state go far beyond his command of wife is the former MaryAnn Behlen of Co- His was the Bankruptcy Reform Act of 1978. both the Army and Air National Guard. He, John McClelland, John Stennis, and lumbus. Many grandchildren, nieces and His record of community service equals nephews are also here today. Ultimately, Jim Eastland, Senior Democrat on the Com- family was first for Roman—as it is with all mittee, bonded and his working relationship his record of military service and his of us. with the Majority Party was always just participation in such activities as the THE CAMPAIGNER something else, and highly unusual. For ex- Nutmeg State Games and the Char- Roman was never happier nor better show- ample, when he left the Senate, he had pre- acter Counts State Advisory Board cased than when he was on those early day sided or co-presided over the confirmation demonstrate his love for the commu- political campaigns. Ruth and I were visiting hearings of all nine members of the U.S. Su- nity he calls home. the other day about a particular stump preme Court—unprecedented in history—and Even in retirement, General Gay will speech he once made—with a partially eaten that was an era of ‘‘civility’’ that seems to escape such modern day confirmation hear- continue to work for the people of Con- kolache in his left hand—on a Main Street necticut as the state’s Year 2000 Coor- corner at Schuyler during the Nebraska Re- ings. He was the principal architect of both the Omnibus Crime Control and Safe Streets dinator. I am happy to extend my publican caravan. It was indeed a powerful thanks to General Gay for his years of speech, spliced with Czech phrases and when Act of 1968 and the Organized Crime Control he finished his remarks, the audience ac- Act of 1970. In 1972 and the years following, distinguished service and offer my best knowledged him as if he were truly the ‘‘sec- he served as Chairman of the Federal Com- wishes in his retirement.∑ ond coming.’’ The same result happened a mission on the Revision of the Federal Court Appellate System of the U.S. and I could go couple of weeks later in a Hotel Ballroom in f on; suffice it to say that for several years, no Broken Bow where the usually very reserved SUPPORT FOR S. RES. 99 Sandhills crowd gave his at least a five Justice Department initiative, no Federal minute standing ovation on his inspiring Judgeship, no major legislation moved out of ∑ Mr. REID. Mr. President, I ask that message and brilliant delivery. Oh, he could the Senate Judiciary Committee until it had the attached letter of support from the be a spell-binder deluxe, given the proper oc- received his careful scrutiny and approval. American Psychological Association be casion. Throughout, he honored the law, and he hon- ored the Senate as an Institution. Roman’s printed in the RECORD in support of S. A NEAR MISS fingerprints, literally, were all over every- Res. 99. In the late 50’s, a national search was on thing processed by Judiciary during these The letter follows: for a new leader of the Republican Party. years. AMERICAN PSYCHOLOGICAL ASSOCIATION, The conservative kingmakers didn’t pub- ROMAN WAS SPECIAL Washington, DC, May 10, 1999. licize it, of course, but the short list came Hon. HARRY REID, down to the two U.S. Senators with safe Let me say in closing, that we are not here U.S. Senate, seats, Roman Hruska and Barry M. Gold- for Roman, we are here for us. We need this— Washington, DC. water of Arizona. Goldwater was ultimately he doesn’t! Whatever comes to us after the DEAR SENATOR REID: On behalf of the designated somewhat on geography, but moment of our earthly death is beyond our 159,000 members and affiliates of the Amer- mostly because they determined that the TV understanding. So, we remain here alive, confused and dis- ican Psychological Association (APA), I cameras showcased Goldwater better. The concerted. Above all, let’s remember this want to express support for your proposed rest, as they say, is history. about him: Senate Resolution that would designate No- HE HONORED THE LAW Grace was in his soul, a smile and kind vember 20, 1999, as ‘‘National Survivors for Most importantly, Roman Hruska’s entire word were on his lips and friendship was in Prevention of Suicide Day.’’ life revolved around the law. He lived by this his heart always. The APA is concerned that suicide rates creed once enunciated by Patrick Henry, First, last, and always, he was a gen- among young adolescents, African American ‘‘Always honor the law because the law has tleman. males, American Indians/Alaskan Natives, honored you.’’ These words are so true for Roman, and and the elderly have increased dramatically Roman spent his first two law years study- perhaps, just perhaps, they alone might be a in recent years. Since the 1950’s, suicide ing at the University of Chicago Law School. fitting eulogy. And, as a very recent World- rates among youth have nearly tripled. Be- Then he attended the Creighton Law School Herald editorial writer noted: ‘‘The stand- tween 1980 and 1990, the suicide rate in- from which he graduated in 1929, just before ards for integrity and service that Sen. creased by 30 percent in the 10- to 19-year-old the great depression hit with all its fury. He Hruska set for himself, will long stand as his age group. Suicide is the second leading then, in the next 20 or so years, built up a most fitting memorial’’. cause of death for 15- to 24-year-old Amer- substantial law practice, and from there was A quick postscript paraphrasing beautiful ican Indians and Alaskan Natives. For Amer- appointed to the Douglas County Board. He Ecclasiastes, Chapter III, ‘‘to everything icans age 65 and older, the suicide rate in- became its energetic, successful Chairman, there is a season and a time for every pur- creased by nine percent between 1980 and 1992 known for his integrity and ability. He was pose under heaven . . . A time to plant, and Elderly Americans comprise about 13 percent always a prodigious worker. Even his polit- a time to harvest, a time to be born and a of the country’s population but account for ical adversaries conceded that he achieved a time to die.’’ about 20 percent of all suicides. lot the old fashioned way. He earned it. Roman, you had a long and superlative Suicide is the eighth leading cause of death Then to Congress for most of one term, life, and we’re all a little better because you in the United States—our country is in dire then 22 years in the U.S. Senate. In the Sen- cared and touched us. need of a national effort to prevent suicide. ate, he was Minority Leader Everett M. In Czech—Nas Dar—Good Bye—Dear In response to that need, the Surgeon Gen- Dirksen’s right hand bower on the floor of Roman . . . eral has been working with mental health the Senate. Dirksen—‘‘The billion here, and f advocates to develop a National Strategy for a billion there guy’’—called Roman his floor the Prevention of Suicide and is expected to lawyer. Often, on major legislation, Dirksen RETIREMENT OF MAJOR GENERAL DAVID W. GAY publish a final version of the coordinated would tell his senate colleagues if they had strategy later this year. amendments, objections, or whatever— ∑ Mr. LIEBERMAN. Mr. President, I Your proposed Senate resolution would ‘‘Clear it with Roman.’’ Roman became a rise today to bring to the attention of serve to further the intent of S. Res. 84, skilled practitioner of the ‘‘art of the pos- Senators the retirement of Major Gen- which you successfully introduced in the last sible’’ and he closed many legislative deals eral David W. Gay, Adjutant General of Congress, to recognize suicide as a national for Dirksen. the Connecticut National Guard, after problem and declare suicide prevention as a EXTRAORDINARY SERVICE a military career that has spanned national priority. The proposed resolution would acknowledge the trauma of those who It was as the ‘‘Minority Leader’’ of the more than 40 years. Senate Judiciary Committee for almost 20 have suffered the loss of a loved one from years, that Senator Hruska formally and ex- The recipient of many military suicide (suicide survivors) and the support traordinarily honored the law. awards and honors, including the Army they derive from one another. Their active He worked awfully hard and most effec- Distinguished Service Medal, the Le- involvement individually and through orga- tively, to not only give fairness but struc- gion of Merit Award, and the National nizations has been instrumental in efforts to ture and design to the law so it would be Guard Bureau’s Eagle Award, General reduce suicide through research, education, more effective and easier to use by Federal Gay has been a valuable friend to me and treatment programs. Judges, the Federal Court System and law- and all the people of Connecticut. His In closing, the APA lends its support to yers. you and other members of Congress in secur- For the improvement of the rule of law, he experience and dedication have helped ing passage of this resolution. We also look co-sponsored the Criminal Code Reform Act make the Connecticut National Guard forward to learning more about the adminis- of 1975 and the Criminal Justice Codification the exemplary organization that it is tration’s initiatives at the upcoming hearing Revision and Reform Act of ’73. For you law- today. on the National Strategy for the Prevention

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5883 of Suicide before the Appropriations Sub- owners who are the backbone of this I give special congratulations to the committee on Labor-Health and Human great nation. The SBA selects winners 23 original members and staff of Services-and Education. on their record of stability, growth in WVEMS who are still active today. With best regards, employment and sales, sound financial They should be very proud of the posi- RAYMOND D. FOWLER, Ph.D., Executive Vice President and status, innovation, and the company’s tive impact of this organization, and I Chief Executive Officer.∑ response to adversity and community am certain that they appreciate more f service. than anyone the growth and develop- It honors me to stand before you ment of this outstanding EMS corps. SMALL BUSINESS ADMINISTRA- today to congratulate Mr. Sullivan as Westport EMS provides immediate, TION’S PERSON OF THE YEAR: the Small Business Administration’s front-line assistance that is so valuable MR. GREGORY SULLIVAN Person of the Year. Mr. Sullivan exem- to our neighbors in needs and does so ∑ Mr. ASHCROFT. Mr. President, it is plifies the ‘‘American Dream,’’ and is on a volunteer basis. Its efforts have with great pride that I stand before living proof that with hard work and made a difference to children and this body today to congratulate a truly dedication any one individual can suc- adults alike over these last two dec- remarkable Missourian, Mr. Gregory ceed.∑ ades and done more than its part to im- Sullivan—the Small Business Adminis- f prove the Town of Westport. I an con- tration’s Person of the Year. Mr. Sul- fident that Westport Volunteer Emer- livan founded G.A. Sullivan in 1982 SALUTE TO LOIS BODOKY gency Medical Services will continue with just $300 in start-up capital. ∑ Mr. LEAHY. Mr. President, I salute a its sterling record of service far into Today, it is one of the fastest growing longtime Vermont businesswoman, and the future.∑ technology companies in the nation. a fixture on Burlington’s Church Street f This custom software company has ap- Marketplace, Mrs. Lois Bodoky. peared on Inc. Magazine’s 500 list of Lois is affectionately known in Bur- SATELLITE HOME VIEWERS fastest growing companies for the past lington as the ‘‘Hot Dog Lady’’, for she IMPROVEMENT ACT two years. G.A. Sullivan also is leader recently celebrated the 25th anniver- On May 20, 1999, the Senate amended in the St. Louis community—ranking sary of her business running a hot dog and passed H.R. 1554, the Satellite among the top seven fastest growing cart in downtown Burlington. Home Viewers Improvement Act, as technology companies in St. Louis for Lois went into the hot dog business follows: the past three consecutive years. not long after her hair salon was lost Resolved, That the bill from the House of In reading Greg’s story, I was in- in a fire, and at the same time I was Representatives (H.R. 1554) entitled ‘‘An Act trigued by his biggest challenge. To me running my first campaign for U.S. to amend the provisions of title 17, United it shows the remarkable risks taken by Senator. Back then, Church Street was States Code, and the Communications Act of America’s entrepreneurs. Ten years a typical Vermont downtown, and Lois 1934, relating to copyright licensing and car- riage of broadcast signals by satellite.’’, do after starting the company—after pay- operated her cart on the sidewalk as pass with the following amendment: ing his dues programming computers cars and buses passed on the street. Strike out all after the enacting clause and and building the foundation of the Now, her cart is in a prime spot on insert: business—he knew that there would be Church Street Marketplace, which be- TITLE I—SATELLITE HOME VIEWERS a huge growth in information tech- came a pedestrian mall in the early IMPROVEMENTS ACT nology industry. At that point, he had 1980’s, and is one of Vermont’s prime SEC. 101. SHORT TITLE. to decide on his business’ future. In De- shopping areas. This title may be cited as the ‘‘Satellite Home cember 1992, he decided to go forward Since Lois went into business, down- Viewers Improvements Act’’. with an aggressive business expansion town Burlington has seen many SEC. 102. LIMITATIONS ON EXCLUSIVE RIGHTS; program. He engaged an advertising changes, but the ‘‘Hot Dog Lady’s’’ SECONDARY TRANSMISSIONS BY SATELLITE CARRIERS WITHIN LOCAL agency, developed a business plan, de- cart has remained a fixture, even in MARKETS. signed a logo, hired a marketing con- some of Vermont’s coldest months. She (a) IN GENERAL.—Chapter 1 of title 17, United sultant to build a sales staff and start- is truly a Burlington institution and is States Code, is amended by adding after section ed aggressively recruiting technical most reliable to members of the down- 121 the following new section: talent. Since that time, sales have town crowd who cannot let a lunch ‘‘§ 122. Limitations on exclusive rights; sec- grown over 1,400 percent and he now hour pass without a lunch from Lois.∑ ondary transmissions by satellite carriers within local markets employs nearly 175 people—his clear vi- f sion paid off. ‘‘(a) SECONDARY TRANSMISSIONS OF TELE- While Greg’s custom software devel- WESTPORT VOLUNTEER VISION BROADCAST STATIONS BY SATELLITE CAR- opment services company provides EMERGENCY SERVICES RIERS.—A secondary transmission of a primary ∑ Mr. LIEBERMAN. Mr. President, I transmission of a television broadcast station leading edge information technology in into the station’s local market shall be subject to the business arena—he personally is a rise today to formally congratulate statutory licensing under this section if— leader in the community. He was re- Westport Volunteer Emergency Serv- ‘‘(1) the secondary transmission is made by a cently appointed Vice Chairman of ices on its 20th Anniversary. The fine satellite carrier to the public; Science and Technology for the St. men and women who founded, operate, ‘‘(2) the secondary transmission is permissible Louis Regional Commerce and Growth and support this organization have dis- under the rules, regulations, or authorizations Association. I understand that he per- tinguished themselves as one the pil- of the Federal Communications Commission; and sonally conducts workshops on re´sume´ lars on which the principles of commu- ‘‘(3) the satellite carrier makes a direct or in- writing skills, interviewing and net- nity service rest. direct charge for the secondary transmission working to help students be competi- The EMS team has truly been an to— tive in the after-graduation job mar- asset to the town of Westport and has ‘‘(A) each subscriber receiving the secondary ket. He also has established the G.A. had a profound impact on the individ- transmission; or Sullivan Scholarship fund. uals and families who have benefited ‘‘(B) a distributor that has contracted with Mr. Sullivan is the 36th recipient of from its experience and training. Its the satellite carrier for direct or indirect delivery of the secondary transmission to the public. this annual entrepreneurial award. He quick service and professional response ‘‘(b) REPORTING REQUIREMENTS.— was selected from a field of 53 state has made it one of the state’s most ‘‘(1) INITIAL LISTS.—A satellite carrier that small business persons of the year win- well-respected EMS corps. We have all makes secondary transmissions of a primary ners representing the 50 states, the Dis- been taught that we have an obligation transmission made by a network station under trict of Columbia, Puerto Rico and to help our neighbors in need, but this subsection (a) shall, within 90 days after com- Guam. The national entrepreneur organization has truly taken this credo mencing such secondary transmissions, submit award is the highlight of the Small to heart and has earned commendation to the network that owns or is affiliated with the network station a list identifying (by name Business Administration’s national for the lives it has saved, the families and street address, including county and zip Small Business Week celebration. it has assisted, and the time it has con- code) all subscribers to which the satellite car- Small Business Week honors contribu- tributed to improving the entire com- rier currently makes secondary transmissions of tions of the nation’s small business munity. that primary transmission.

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‘‘(2) SUBSEQUENT LISTS.—After the list is sub- and are not subject to statutory licensing under ‘‘122. Limitations on exclusive rights; secondary mitted under paragraph (1), the satellite carrier section 119, then in addition to the remedies transmissions by satellite carriers shall, on the 15th of each month, submit to the under paragraph (1)— within local market.’’. network a list identifying (by name and street ‘‘(A) if the pattern or practice has been car- SEC. 103. EXTENSION OF EFFECT OF AMEND- address, including county and zip code) any ried out on a substantially nationwide basis, the MENTS TO SECTION 119 OF TITLE 17, subscribers who have been added or dropped as court shall order a permanent injunction bar- UNITED STATES CODE. subscribers since the last submission under this ring the secondary transmission by the satellite Section 4(a) of the Satellite Home Viewer Act subsection. carrier of the primary transmissions of that tele- of 1994 (17 U.S.C. 119 note; Public Law 103–369; ‘‘(3) USE OF SUBSCRIBER INFORMATION.—Sub- vision broadcast station (and if such television 108 Stat. 3481) is amended by striking ‘‘December scriber information submitted by a satellite car- broadcast station is a network station, all other 31, 1999’’ and inserting ‘‘December 31, 2004’’. rier under this subsection may be used only for television broadcast stations affiliated with such SEC. 104. COMPUTATION OF ROYALTY FEES FOR the purposes of monitoring compliance by the network), and the court may order statutory SATELLITE CARRIERS. satellite carrier with this section. damages not exceeding $250,000 for each 6- Section 119(c) of title 17, United States Code, ‘‘(4) REQUIREMENTS OF STATIONS.—The sub- month period during which the pattern or prac- is amended by adding at the end the following mission requirements of this subsection shall tice was carried out; and new paragraph: apply to a satellite carrier only if the network to ‘‘(B) if the pattern or practice has been car- ‘‘(4) REDUCTION.— whom the submissions are to be made places on ried out on a local or regional basis with respect ‘‘(A) SUPERSTATION.—The rate of the royalty file with the Register of Copyrights a document to more than one television broadcast station fee in effect on January 1, 1998 payable in each identifying the name and address of the person (and if such television broadcast station is a case under subsection (b)(1)(B)(i) shall be re- to whom such submissions are to be made. The network station, all other television broadcast duced by 30 percent. Register shall maintain for public inspection a stations affiliated with such network), the court ‘‘(B) NETWORK.—The rate of the royalty fee in file of all such documents. shall order a permanent injunction barring the effect on January 1, 1998 payable under sub- ‘‘(c) NO ROYALTY FEE REQUIRED.—A satellite secondary transmission in that locality or region section (b)(1)(B)(ii) shall be reduced by 45 per- carrier whose secondary transmissions are sub- by the satellite carrier of the primary trans- cent. ject to statutory licensing under subsection (a) missions of any television broadcast station, and ‘‘(5) PUBLIC BROADCASTING SERVICE AS shall have no royalty obligation for such sec- the court may order statutory damages not ex- AGENT.—For purposes of section 802, with re- ondary transmissions. ceeding $250,000 for each 6-month period during spect to royalty fees paid by satellite carriers for ‘‘(d) NONCOMPLIANCE WITH REPORTING RE- which the pattern or practice was carried out. retransmitting the Public Broadcasting Service QUIREMENTS.—Notwithstanding subsection (a), ‘‘(g) BURDEN OF PROOF.—In any action the willful or repeated secondary transmission brought under subsection (d), (e), or (f), the sat- satellite feed, the Public Broadcasting Service to the public by a satellite carrier into the local ellite carrier shall have the burden of proving shall be the agent for all public television copy- market of a television broadcast station of a pri- that its secondary transmission of a primary right claimants and all Public Broadcasting mary transmission made by that television transmission by a television broadcast station is Service member stations.’’. broadcast station and embodying a performance made only to subscribers located within that SEC. 105. DEFINITIONS. or display of a work is actionable as an act of station’s local market. Section 119(d) of title 17, United States Code, infringement under section 501, and is fully sub- ‘‘(h) GEOGRAPHIC LIMITATIONS ON SECONDARY is amended by striking paragraph (10) and in- ject to the remedies provided under sections 502 TRANSMISSIONS.—The statutory license created serting the following: through 506 and 509, if the satellite carrier has by this section shall apply to secondary trans- ‘‘(10) UNSERVED HOUSEHOLD.—The term not complied with the reporting requirements of missions to locations in the United States, and ‘unserved household’, with respect to a par- subsection (b). any commonwealth, territory, or possession of ticular television network, means a household ‘‘(e) WILLFUL ALTERATIONS.—Notwith- the United States. that cannot receive, through the use of a con- standing subsection (a), the secondary trans- ‘‘(i) EXCLUSIVITY WITH RESPECT TO SEC- ventional outdoor rooftop receiving antenna, an mission to the public by a satellite carrier into ONDARY TRANSMISSIONS OF BROADCAST STATIONS over-the-air signal of grade B intensity (as de- the local market of a television broadcast station BY SATELLITE TO MEMBERS OF THE PUBLIC.—No fined by the Federal Communications Commis- of a primary transmission made by that tele- provision of section 111 or any other law (other sion) of a primary network station affiliated vision broadcast station and embodying a per- than this section and section 119) shall be con- with that network or is not otherwise eligible to formance or display of a work is actionable as strued to contain any authorization, exemption, receive directly from a satellite carrier a signal an act of infringement under section 501, and is or license through which secondary trans- of that television network (other than a signal fully subject to the remedies provided by sec- missions by satellite carriers of programming provided under section 122) in accordance with tions 502 through 506 and sections 509 and 510, contained in a primary transmission made by a section 338 of the Communications Act of 1934.’’. if the content of the particular program in television broadcast station may be made with- SEC. 106. PUBLIC BROADCASTING SERVICE SAT- which the performance or display is embodied, out obtaining the consent of the copyright ELLITE FEED. or any commercial advertising or station an- owner. (a) SECONDARY TRANSMISSIONS.—Section nouncement transmitted by the primary trans- ‘‘(j) DEFINITIONS.—In this section— 119(a)(1) of title 17, United States Code, is mitter during, or immediately before or after, the ‘‘(1) The term ‘distributor’ means an entity amended— which contracts to distribute secondary trans- transmission of such program, is in any way (1) by striking the paragraph heading and in- willfully altered by the satellite carrier through missions from a satellite carrier and, either as a serting ‘‘(1) SUPERSTATIONS AND PBS SATELLITE changes, deletions, or additions, or is combined single channel or in a package with other pro- FEED.—’’; gramming, provides the secondary transmission with programming from any other broadcast sig- (2) by inserting ‘‘or by the Public Broad- either directly to individual subscribers or indi- nal. casting Service satellite feed’’ after ‘‘supersta- ‘‘(f) VIOLATION OF TERRITORIAL RESTRICTIONS rectly through other program distribution enti- tion’’; and ON STATUTORY LICENSE FOR TELEVISION BROAD- ties. (3) by adding at the end the following: ‘‘In CAST STATIONS.— ‘‘(2) The term ‘local market’ for a television the case of the Public Broadcasting Service sat- ‘‘(1) INDIVIDUAL VIOLATIONS.—The willful or broadcast station has the meaning given that repeated secondary transmission to the public term under rules, regulations, and authoriza- ellite feed, the compulsory license shall be effec- by a satellite carrier of a primary transmission tions of the Federal Communications Commis- tive until January 1, 2002.’’. made by a television broadcast station and em- sion relating to carriage of television broadcast (b) DEFINITIONS.—Section 119(d) of title 17, bodying a performance or display of a work to signals by satellite carriers. United States Code, is amended— a subscriber who does not reside in that sta- ‘‘(3) The terms ‘network station’, ‘satellite (1) by amending paragraph (9) to read as fol- tion’s local market, and is not subject to statu- carrier’ and ‘secondary transmission’ have the lows: tory licensing under section 119, is actionable as meaning given such terms under section 119(d). ‘‘(9) SUPERSTATION.—The term ‘super- an act of infringement under section 501 and is ‘‘(4) The term ‘subscriber’ means an entity station’— fully subject to the remedies provided by sec- that receives a secondary transmission service ‘‘(A) means a television broadcast station, tions 502 through 506 and 509, except that— by means of a secondary transmission from a other than a network station, licensed by the ‘‘(A) no damages shall be awarded for such satellite and pays a fee for the service, directly Federal Communications Commission that is sec- act of infringement if the satellite carrier took or indirectly, to the satellite carrier or to a dis- ondarily transmitted by a satellite carrier; and corrective action by promptly withdrawing serv- tributor. ‘‘(B) includes the Public Broadcasting Service ice from the ineligible subscriber; and ‘‘(5) The term ‘television broadcast station’ satellite feed.’’; and ‘‘(B) any statutory damages shall not exceed means an over-the-air, commercial or non- (2) by adding at the end the following: $5 for such subscriber for each month during commercial television broadcast station licensed ‘‘(12) PUBLIC BROADCASTING SERVICE SAT- which the violation occurred. by the Federal Communications Commission ELLITE FEED.—The term ‘Public Broadcasting ‘‘(2) PATTERN OF VIOLATIONS.—If a satellite under subpart E of part 73 of title 47, Code of Service satellite feed’ means the national sat- carrier engages in a willful or repeated pattern Federal Regulations.’’. ellite feed distributed by the Public Broad- or practice of secondarily transmitting to the (b) TECHNICAL AND CONFORMING AMEND- casting Service consisting of educational and in- public a primary transmission made by a tele- MENTS.—The table of sections for chapter 1 of formational programming intended for private vision broadcast station and embodying a per- title 17, United States Code, is amended by add- home viewing, to which the Public Broadcasting formance or display of a work to subscribers ing after the item relating to section 121 the fol- Service holds national terrestrial broadcast who do not reside in that station’s local market, lowing: rights.’’.

VerDate Mar 15 2010 22:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 6333 E:\1999SENATE\S24MY9.REC S24MY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 24, 1999 CONGRESSIONAL RECORD — SENATE S5885 SEC. 107. APPLICATION OF FEDERAL COMMU- (4) Absent effective competition, the market SEC. 204. MUST-CARRY FOR SATELLITE CARRIERS NICATIONS COMMISSION REGULA- power exercised by cable television operators en- RETRANSMITTING TELEVISION TIONS. ables them to raise the price of cable service to BROADCAST SIGNALS. Section 119(a) of title 17, United States Code, consumers, and to control the price and avail- Part I of title III of the Communications Act is amended— ability of cable programming services to other of 1934 (47 U.S.C. 301 et seq.) is amended by add- (1) in paragraph (1), by inserting ‘‘is permis- multichannel video service providers. Current ing at the end thereof the following: sible under the rules, regulations, and author- Federal Communications Commission rules have ‘‘SEC. 338. CARRIAGE OF LOCAL TELEVISION STA- izations of the Federal Communications Com- been inadequate in constraining cable price in- TIONS BY SATELLITE CARRIERS. mission,’’ after ‘‘satellite carrier to the public creases. ‘‘(a) APPLICATION OF MANDATORY CARRIAGE for private home viewing,’’; (5) Direct-to-home satellite service has over 8 TO SATELLITE CARRIERS.—The mandatory car- (2) in paragraph (2), by inserting ‘‘is permis- million subscribers and constitutes the most sig- riage provisions of sections 614 and 615 of this sible under the rules, regulations, and author- nificant competitive alternative to cable tele- Act will apply in a local market no later than izations of the Federal Communications Com- vision service. January 1, 2002, to satellite carriers retransmit- mission,’’ after ‘‘satellite carrier to the public ting any television broadcast station in that (6) Direct-to-home satellite service currently for private home viewing,’’; and local market pursuant to the compulsory license suffers from a number of statutory, regulatory, (3) by adding at the end the following: provided by section 122 of title 17, United States and technical barriers that keep it from being ‘‘(11) STATUTORY LICENSE CONTINGENT ON Code. an effective competitor to cable television in the COMPLIANCE WITH FCC RULES AND REMEDIAL ‘‘(b) GOOD SIGNAL REQUIRED.— STEPS.—The willful or repeated secondary trans- provision of multichannel video services. ‘‘(1) COSTS.—A television broadcast station el- mission to the public by a satellite carrier of a (7) The most prominent of these barriers is the igible for carriage under subsection (a) may be primary transmission made by a broadcast sta- inability to provide subscribers with local tele- required to bear the costs associated with deliv- tion licensed by the Federal Communications vision broadcast signals by satellite. ering a good quality signal to the designated Commission is actionable as an act of infringe- (8) Permitting providers of direct-to-home sat- local receive facility of the satellite carrier. The ment under section 501, and is fully subject to ellite service to retransmit local television sig- selection of a local receive facility by a satellite the remedies provided by sections 502 through nals to their subscribers would greatly enhance carrier shall not be made in a manner that frus- 506 and 509, if, at the time of such transmission, the ability of direct-to-home satellite service pro- trates the purposes of this Act. The Commission the satellite carrier is not in compliance with the viders to compete more effectively in the provi- shall implement the requirements of this section rules, regulations, and authorizations of the sion of multichannel video services. without imposing any undue economic burden Federal Communications Commission con- (9) Due to capacity limitations and in the in- on any party. cerning the carriage of television broadcast sta- terest of providing service in as many markets as ‘‘(2) RULEMAKING REQUIRED.—The Commis- tion signals.’’. possible, providers of direct-to-home satellite sion shall adopt rules implementing paragraph SEC. 108. TELEVISION BROADCAST STATION service, unlike cable television systems, cannot (1) within 180 days after the date of enactment STANDING. at this time carry all local television broadcast of the Satellite Television Act of 1999. Section 501 of title 17, United States Code, is signals in all the local television markets they ‘‘(c) CABLE TELEVISION SYSTEM DIGITAL SIG- amended by adding at the end the following: seek to serve. NAL CARRIAGE NOT COVERED.—Nothing in this ‘‘(f) With respect to any secondary trans- (10) It would be in the public interest for pro- section applies to the carriage of the digital sig- mission that is made by a satellite carrier of a viders of direct-to-home satellite service to fully nals of television broadcast stations by cable tel- primary transmission embodying the perform- comply with the mandatory signal carriage rules evision systems. ance or display of a work and is actionable as at the earliest possible date. In the interim, re- ‘‘(d) DEFINITIONS.—In this section: an act of infringement under section 122, a tele- quiring full compliance with the mandatory sig- ‘‘(1) TELEVISION BROADCAST STATION.—The vision broadcast station holding a copyright or nal carriage rules would substantially limit the term ‘television broadcast station’ means a full other license to transmit or perform the same ability of direct-to-home satellite service pro- power local television broadcast station, but version of that work shall, for purposes of sub- viders to compete in the provision of multi- does not include a low-power or translator tele- section (b) of this section, be treated as a legal channel video services and would not serve the vision broadcast station. or beneficial owner if such secondary trans- public interest. ‘‘(2) NETWORK STATION.—The term ‘network station’ means a television broadcast station mission occurs within the local market of that (11) Maintaining the viability of free, local, that is owned or operated by, or affiliated with, station.’’. over-the-air television service is a matter of pre- a broadcasting network. SEC. 109. MORATORIUM ON COPYRIGHT LIABIL- eminent public interest. ITY. ‘‘(3) BROADCASTING NETWORK.—The term (12) All subscribers to multichannel video serv- Until December 31, 1999, no subscriber, as de- ‘broadcasting network’ means a television net- ices should be able to receive the signal of at fined under section 119(d)(8) of title 17, United work in the United States which offers an inter- least one station affiliated with each of the States Code, located within the predicted Grade connected program service on a regular basis for major broadcast television networks. B contour of a local network television broad- 15 or more hours per week to at least 25 affili- cast station shall have satellite service of a dis- (13) Millions of subscribers to direct-to-home ated broadcast stations in 10 or more States. tant network signal affiliated with the same satellite service currently receive the signals of ‘‘(4) DISTANT TELEVISION STATION.—The term network terminated, if that subscriber received network-affiliated stations not located in these ‘distant television station’ means any television satellite service of such network signal before subscribers’ local television markets. Where con- broadcast station that is not licensed and oper- July 11, 1998, as a result of section 119 of title 17, ventional rooftop antennas cannot provide sat- ating on a channel regularly assigned to the United States Code. isfactory reception of local stations, distant net- local television market in which a subscriber to work signals may be these subscribers’ only a direct-to-home satellite service is located. SEC. 110. EFFECTIVE DATE. source of network television service. This title and the amendments made by this ‘‘(5) LOCAL MARKET.—The term ‘local market’ (14) The widespread carriage of distant net- title shall take effect on January 1, 1999, except means the designated market area in which a work stations in local network affiliates’ mar- the amendments made by section 104 shall take station is located. For a noncommercial edu- kets could harm the local stations’ ability to effect on July 1, 1999. cational television broadcast station, the local serve their local community. market includes any station that is licensed to a TITLE II—SATELLITE TELEVISION ACT OF (15) Abrupt termination of satellite carriers’ community within the same designated market 1999 provision of distant network signals could have area as the noncommercial educational tele- SEC. 201. SHORT TITLE. a negative impact on the ability of direct-to- vision broadcast station. This title may be cited as the ‘‘Satellite Tele- home satellite service to compete effectively in ‘‘(6) SATELLITE CARRIER.—The term ‘satellite vision Act of 1999’’. the provision of multichannel video services. carrier’ has the meaning given it by section SEC. 202. FINDINGS. (16) The public interest would be served by 119(d) of title 17, United States Code. The Congress makes the following findings: permitting direct-to-home satellite service pro- ‘‘SEC. 339. CARRIAGE OF DISTANT TELEVISION (1) In the Cable Television Consumer Protec- viders to continue existing carriage of a distant STATIONS BY SATELLITE CARRIERS. tion and Competition Act of 1992, Congress stat- network affiliate station’s signal where— ‘‘(a) PROVISIONS RELATING TO NEW SUB- ed its policy of promoting competition in cable (A) there is no local network affiliate; SCRIBERS.— services and making available to the public a di- (B) the local network affiliate cannot be ade- ‘‘(1) IN GENERAL.—Except as provided in sub- versity of views and information through cable quately received off-air; or section (d), direct-to-home satellite service pro- television and other video media. viders shall be permitted to provide the signals (C) continued carriage would not harm the (2) In the Telecommunications Act of 1996, of 1 affiliate of each television network to any local network station. Congress stated its policy of securing lower household that initially subscribed to direct-to- prices and higher quality service for American SEC. 203. PURPOSE. home satellite service on or after July 10, 1998. telecommunications consumers and encouraging The purpose of this title is to promote competi- ‘‘(2) ELIGIBILITY DETERMINATION.—The deter- the rapid deployment of new telecommuni- tion in the provision of multichannel video serv- mination of a new subscriber’s eligibility to re- cations technologies. ices while protecting the availability of free, ceive the signals of one or more distant network (3) In most places throughout America, cable local, over-the-air television, particularly for the stations as a component of the service provided television system operators still do not face ef- 22 percent of American television households pursuant to paragraph (a) shall be made by fective competition from other providers of mul- that do not subscribe to any multichannel video ascertaining whether the subscriber resides tichannel video service. programming service. within the predicted Grade B service area of a

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local network station. The Individual Location ‘‘(3) if the carriage would otherwise be con- (1) TERMS DEFINED IN COMMUNICATIONS ACT Longley-Rice methodology described by the sistent with rules adopted by the Commission in OF 1934.—Any term used in this title that is de- Commission in Docket 98-201 shall be used to CS Docket 98-201. fined in section 337(d) of the Communications make this determination. A direct-to-home sat- ‘‘(e) REPORT REQUIRED.—Within 180 days Act of 1934, as added by section 204 of this title, ellite service provider may provide the signal of after the date of enactment of the Satellite Tele- has the meaning given to it by that section. a distant network station to any subscriber de- vision Act of 1999, the Commission shall report (2) DESIGNATED MARKET AREA.—The term termined by this method to be unserved by a to Congress on methods of facilitating the deliv- ‘‘designated market area’’ means a designated local station affiliated with that network. ery of local signals in local markets, especially market area, as determined by Nielsen Media ‘‘(3) RULEMAKING REQUIRED.— smaller markets.’’. Research and published in the DMA Market ‘‘(A) Within 90 days after the date of enact- SEC. 205. RETRANSMISSION CONSENT. and Demographic Report. ment of the Satellite Television Act of 1999, the (a) AMENDMENT OF SECTION 325(b).—Section f Commission shall adopt procedures that shall be 325(b) of the Communications Act of 1934 (47 used by any direct-to-home satellite service sub- U.S.C. 325(b)) is amended by striking the sub- ORDERS FOR MAY 25, 1999 scriber requesting a waiver to receive one or section designation and paragraphs (1) and (2) Mr. WARNER. Mr. President, I ask more distant network signals. The waiver proce- and inserting the following: dures adopted by the Commission shall— ‘‘(b)(1) No cable system or other multichannel unanimous consent that when the Sen- ‘‘(i) impose no unnecessary burden on the video programming distributor shall retransmit ate completes its business today, it subscriber seeking the waiver; the signal of a broadcasting station, or any part stand in adjournment until 9:30 on ‘‘(ii) allocate responsibilities fairly between di- thereof, except— Tuesday, May 25. I further ask consent rect-to-home satellite service providers and local ‘‘(A) with the express authority of the station; stations; that on Tuesday, immediately fol- ‘‘(iii) prescribe mandatory time limits within or lowing the prayer, the Journal of the which direct-to-home satellite service providers ‘‘(B) pursuant to section 614 or section 615, in proceedings be approved to date, the the case of a station electing, in accordance and local stations shall carry out the obligations morning hour be deemed to have ex- imposed upon them; and with this subsection, to assert the right to car- riage under that section. pired, the time for the two leaders be ‘‘(iv) prescribe that all costs of conducting reserved, and the Senate then resume any measurement or testing shall be borne by ‘‘(2) The provisions of this subsection shall the direct-to-home satellite service provider, if not apply to— consideration of S. 1059 as under that the local station’s signal meets the prescribed ‘‘(A) retransmission of the signal of a tele- order. minimum standards, or by the local station, if vision broadcast station outside the station’s I further ask unanimous consent that its signal fails to meet the prescribed minimum local market by a satellite carrier directly to at the hour of 12:30 p.m. the Senate standards. subscribers if— stand in recess until the hour of 2:15 ‘‘(4) PENALTY FOR VIOLATION.—Any direct-to- ‘‘(i) that station was a superstation on May 1, 1991; p.m. in order for the party caucuses to home satellite service provider that knowingly meet. and willfully provides the signals of 1 or more ‘‘(ii) as of July 1, 1998, such station’s signal distant television stations to subscribers in vio- was transmitted under the compulsory license of The PRESIDING OFFICER. Without lation of this section shall be liable for forfeiture section 119 of title 17, United States Code, by objection, it is so ordered. in the amount of $50,000 per day per violation. satellite carriers directly to at least 250,000 sub- Mr. WARNER. Mr. President, I ask ‘‘(b) PROVISIONS RELATING TO EXISTING SUB- scribers; and unanimous consent that no additional SCRIBERS.— ‘‘(iii) the satellite carrier complies with any amendments be in order, other than ‘‘(1) MORATORIUM ON TERMINATION.—Until program exclusivity rules that may be adopted by the Federal Communications Commission the amendments agreed to in the pre- December 31, 1999, any direct-to-home satellite vious consent, prior to the votes at 2:15 service may continue to provide the signals of pursuant to section 338. distant television stations to any subscriber lo- ‘‘(B) retransmission of the distant signal of a p.m. on Tuesday. cated within predicted Grade A and Grade B broadcasting station that is owned or operated The PRESIDING OFFICER. Without contours of a local network station who received by, or affiliated with, a broadcasting network objection, it is so ordered. directly to a home satellite antenna, if the sub- those distant network signals before July 11, f 1998. scriber resides in an unserved household; or ‘‘(2) CONTINUED CARRIAGE.—Direct-to-home ‘‘(C) retransmission by a cable operator or PROGRAM satellite service providers may continue to pro- other multichannel video programming dis- vide the signals of distant television stations to tributor (other than by a satellite carrier direct Mr. WARNER. For the information of subscribers located between the outside limits of to its subscribers) of the signal of a television all Senators, the Senate will resume the predicted Grade A contour and the predicted broadcast station outside the station’s local consideration of the Defense Author- Grade B contour of the corresponding local net- market, if that signal was obtained from a sat- ization bill tomorrow. Under the order, work stations after December 31, 1999, subject to ellite carrier and— the Senate will debate several amend- any limitations adopted by the Commission ‘‘(i) the originating station was a superstation ments, with the votes on those amend- on May 1, 1991; and under paragraph (3). ments occurring in a stacked sequence ‘‘(3) RULEMAKING REQUIRED.— ‘‘(ii) the originating station was a network ‘‘(A) Within 180 days after the date of enact- station on December 31, 1997, and its signal was beginning at 2:15 p.m. Tuesday after- ment of the Satellite Television Act of 1999, the retransmitted by a satellite carrier directly to noon. All Senators should, therefore, Commission shall conclude a single rulemaking, subscribers. expect at least three votes occurring at compliant with subchapter II of chapter 5 of ‘‘(3) Any term used in this subsection that is 2:15. It is the intention of the majority title 5, United States Code, to examine the ex- defined in section 337(d) of this Act has the leader to complete action on this bill tent to which any existing program exclusivity meaning given to it by that section.’’. as early as possible this week. rules should be imposed on distant network sta- (b) EFFECTIVE DATE.—The amendments made tions provided to subscribers under paragraph by subsection (a) take effect on January 1, 1999. f (2). SEC. 206. DESIGNATED MARKET AREAS. ADJOURNMENT UNTIL 9:30 A.M. ‘‘(B) The Commission shall not impose any Nothing in this title, or in the amendments TOMORROW program exclusivity rules on direct-to-home sat- made by this title, prevents the Federal Commu- ellite service providers pursuant to subpara- nications Commission from revising the listing of Mr. WARNER. Mr. President, if there graph (A) unless it finds that it would be both designated market areas or reassigning those is no further business to come before technically and economically feasible and other- areas if the revision or reassignment is done in the Senate, I now ask unanimous con- wise in the public interest to do so. the same manner and to the same extent as the sent that the Senate stand in adjourn- ‘‘(c) WAIVERS NOT PRECLUDED.—Notwith- Commission’s cable television mandatory car- ment under the previous order. standing any other provision in this section, riage rules provide. nothing shall preclude any network stations There being no objection, the Senate, SEC. 207. SEVERABILITY. from authorizing the continued provision of dis- at 7:33 p.m., adjourned until Tuesday, If any provision of this title or section 325(b) tant network signals in unaltered form to any or 337 of the Communications Act of 1934 (47 May 25, 1999, at 9:30 a.m. direct-to-home satellite service subscriber cur- U.S.C. 325(b) or 337, respectively), or the appli- rently receiving them. f cation of that provision to any person or cir- ‘‘(d) CERTAIN SIGNALS.—Providers of direct-to- NOMINATIONS home satellite service may continue to carry the cumstance, is held by a court of competent juris- signals of distant network stations without re- diction to violate any provision of the Constitu- Executive nominations received by gard to subsections (a) and (b) in any situation tion of the United States, then the other provi- the Senate May 24, 1999: sions of that section, and the application of that in which— EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ‘‘(1) a subscriber is unserved by the local sta- provision to other persons and circumstances, tion affiliated with that network; shall not be affected. PAUL STEVEN MILLER, OF CALIFORNIA, TO BE A MEM- BER OF THE EQUAL EMPLOYMENT OPPORTUNITY COM- ‘‘(2) a waiver is otherwise granted by the local SEC. 208. DEFINITIONS. MISSION FOR A TERM EXPIRING JULY 1, 2004. (RE- station under subsection (c); or In this title: APPOINTMENT)

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IN THE AIR FORCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION To be admiral 601: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT VICE ADM. THOMAS B. FARGO, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- To be lieutenant general CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE f AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION LT. GEN. MAXWELL C. BAILEY, 0000 601: WITHDRAWAL To be lieutenant general IN THE ARMY Executive message transmitted by LT. GEN. WILLIAM J. BEGERT, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED the President to the Senate on May 24, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- 1999, withdrawing from further Senate CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE To be brigadier general, Chaplain Corps consideration the following nomina- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: COL. DAVID H. HICKS, 0000 tion: To be lieutenant general DEPARTMENT OF STATE IN THE NAVY MAJ. GEN. CHARLES R. HOLLAND, 0000 J. BRIAN ATWOOD, OF THE DISTRICT OF COLUMBIA, TO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BE AMBASSADOR EXTRAORDINARY AND PLENI- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED POTENTIARY OF THE UNITED STATES OF AMERICA TO IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND BRAZIL, WHICH WAS SENT TO THE SENATE ON JANUARY CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: 6, 1999.

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TAIWAN RELATIONS ACT worked on many of the Rockaway projects in an undeveloped state. The fragile eco- such as Hammels Houses, Arvene, Nordeck, systems of the island should be preserved so HON. MAURICE D. HINCHEY Dayton and Surfside. Mario Russo has rou- that natural areas along the coast will work to OF NEW YORK tinely worked on improving the quality of life of protect estuaries, wildlife, marshes, and coast- his friends and neighbors in the Rockaways. al shorelines. If Ossabaw Island remains in its IN THE HOUSE OF REPRESENTATIVES He has served as the head of the Somerville- natural state, it will provide needed protection Monday, May 24, 1999 Arvene Civic Association, President of the for the mainland from Atlantic storms, permit Mr. HINCHEY. Mr. Speaker, on the occa- Arvene Civic Council and been a member of the functioning of marshes which provide sion of the twentieth anniversary of the Taiwan Community Board 14 for the last thirty years. water and air purification essential to habi- Relations Act, I wish to take this opportunity to In addition, Mario Russo, has been an active tation of Georgia's mainland, and provide con- congratulate the Republic of China on Taiwan member of the American Legion, the Rock- ditions not tainted by human intervention for and its people on the progress they have away Civic Association, and his local Chamber environmental research. made since that time. Taiwan has established of Commerce. For the last thirty-five years, I would like to commend the Ossabaw Is- itself as a stable political presence in Asia, an Mario Russo has conducted a yearly cam- land Foundation, a public/private partner with important economic power, and proof that de- paign for Earth Day and Plant Up for Trees. the State of Georgia's Department of Natural mocracy can work in Asia. At the time of its Jo Ann Francis Celeste Mullaney Shapiro, Resources, for diligently serving as a voice for enactment, there were some who believed has been an active member of the Rockaway the preservation of the island. The Foundation that this new foundation for relations between community for over fifteen years. Her involve- has worked to incorporate educational and our countries would not work, that our friend- ment spans from graffiti removal projects, in- cultural programs in the island's historical ship would dissipate, and that Taiwan would creasing our police protection, improving our buildings and to provide appropriate access be weakened. children's education, to fighting for our senior and utilization of the Ossabaw Heritage Pre- But that has not been the case. If anything, citizens. Jo Ann Shapiro is the Past President serve. I believe our friendship and understanding has of the Rockaway Kiwanis Club and an active Through the efforts of the Board of Trustees strengthened since that time. Taiwan's deter- member of the Rockaway Beach Civic Asso- of the Foundation, Ossabaw Island was in- mination not just to set its own course, but to ciation. She is a founding member of the Far cluded on the National Trust for Historic Pres- develop and mature as a nation has grown. Its Rockaway High School based Health Clinic ervation's Eleven Most Endangered Properties economic achievements in that time are espe- and past Chairperson of its advisory board. List of 1995. The island was also listed on the cially impressive: no other Asian nation was She is an active member of the Business and National Register of Historic Places by the as successful in withstanding the recent eco- Professional Women Club and the Peninsula United States Department of the Interior in nomic crisis on that continent. But I continue Regular Democratic Club. Jo Ann has worked 1996. to believe that its most impressive achieve- for the New York City Board of Education in The importance of preserving natural habi- ment has been the development of a multi- Community School District 27 and served as tats is a common belief among the members party democracy, and its readiness to share her school's U.F.T. Chapter Chairperson. She of the House of Representatives. We must not power among its democratic parties. is an active member of the Saint Rose of Lima allow the natural beauty and resourcefulness I wish to extend my congratulations to Presi- Parish and serves as Assemblywoman Audrey of our nation to be sacrificed for lesser pur- dent Lee Teng-huÐwho once resided in my I. Pheffer's Chief of Staff where she makes poses. The benefits of protecting and pre- congressional districtÐon his achievements in Rockaway's issues, her issues. serving areas of natural habitat range from Each of today's honorees has long been office, and also to Representative Stephen S. aesthetic to practical and must not be ignored. known as innovators and beacons of good will F. Chen on the capable job he has done as Mr. Speaker, I ask that you and my col- Taiwan's representative here under the Tai- to all those with whom they come into contact. Through their dedicated efforts, they have leagues join me in recognizing the partnership wan Relations Act. and hard work of the Georgia Commissioner f each helped to improve my constituents' qual- ity of life. In recognition of their many accom- of Natural Resources and the Board of Trust- TRIBUTE TO THE CHURCH OF plishments on behalf of my constituents, I offer ees of the Ossabaw Island Foundation. Their SAINT ROSE OF LIMA my congratulations on their being honored by combined efforts have protected and will con- the Church of Saint Rose of Lima. tinue to protect and ensure a healthy environ- ment on Georgia's Ossabaw Island for many f HON. ANTHONY D. WEINER years to come. OF NEW YORK RECOGNITION OF OSSABAW IS- IN THE HOUSE OF REPRESENTATIVES LAND FOUNDATION AND IMPOR- f Monday, May 24, 1999 TANCE OF WORKING TO PRE- SERVE NATURAL HABITATS A TRIBUTE TO CALVIN BELLAMY Mr. WEINER. Mr. Speaker, I rise today to invite my colleagues to pay tribute to the Church of Saint Rose of Lima on the occasion HON. JACK KINGSTON HON. PETER J. VISCLOSKY of its Eighth Annual Dinner Dance. OF GEORGIA OF INDIANA IN THE HOUSE OF REPRESENTATIVES The members of the Church of Saint Rose IN THE HOUSE OF REPRESENTATIVES Monday, May 24, 1999 of Lima have long been known for their com- Monday, May 24, 1999 mitment to community service and to enhanc- Mr. KINGSTON. Mr. Speaker, I rise today to ing the quality of life for all New York resi- recognize the Ossabaw Island Foundation and Mr. VISCLOSKY. Mr. Speaker, it is my dis- dents. the Georgia Commissioner of Natural Re- tinct honor to commend one of Northwest Indi- This year's Dinner Dance is not only a fes- sources for their efforts to preserve Ossabaw ana's most distinguished citizens, Mr. Calvin tive happening, it is a chance for all of us to Island, Georgia's first Heritage Preserve. Bellamy, of Munster, Indiana. On May 23, celebrate and pay tribute to a group of individ- Georgia's high rate of population and eco- 1999, Mr. Bellamy will be honored for his ex- uals who have dedicated their lives to helping nomic growth have created statewide expan- emplary and dedicated service to Northwest others. This year's honorees truly represent sion into previously uninhabited areas. Efforts Indiana. His praiseworthy efforts will be recog- the best of what our community has to offer. to preserve and protect endangered natural nized at Purdue University Calumet's Com- Mario Russo and his wife, Diana, met in the areas is vital to the well-being of Georgia's en- mencement Exercise as he will be receiving Rockaways and were married at Saint Rose of vironment. an honorary doctor of humane letters degree. Lima Church on November 30, 1941, by Rev. Ossabaw Island is one of the few remaining Calvin Bellamy, a longtime resident of James Galvin. A carpenter by trade, Mario has barrier islands on the Atlantic Coast to remain Northwest Indiana, has dedicated his life to

∑ 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. E1064 CONGRESSIONAL RECORD — Extensions of Remarks May 24, 1999 public service. In 1964, Mr. Bellamy graduated mission Co-chairman Senator BEN that the Party had nothing against ‘‘Jews,’’ from Indiana University and continued his edu- NIGHTHORSE CAMPBELL and Ranking Commis- just ‘‘Zionism.’’ When fair-minded members of the Duma attempted to pass a resolution cation at the University of Michigan where he sioner Senator FRANK LAUTENBERG. Mr. Speaker, at this time, I submit this state- condemning Makashov’s statement, it was received his Juris Doctor cum laude and Order voted down by the communist majority. of the Coif in 1967. He has continued his ment for the RECORD. The U.S. Congress, though, has reacted scholarly work in law and has been nationally STATEMENT OF THE HONORABLE CHRISTOPHER much differently. On March 23 of this year, recognized for his writing on constitutional H. SMITH the House of Representatives passed unani- questions. Mr. Bellamy currently serves as the Good morning, ladies and gentlemen. It’s a mously, 421–0, House Concurrent Resolution chairman and chief executive office of Bank pleasure to meet with you today, at this 93rd 37, condemning anti-Semitic statements Calumet, with which he began his affiliation in annual meeting of the American Jewish made by members of the Russian Duma and 1975. Committee and the forum on ‘‘Confronting commending actions taken by fair-minded members of the Duma to censure the pur- While Calvin Bellamy has dedicated consid- the New Upsurge of Anti-Semitism in Rus- sia.’’ veyors of anti-Semitism within their ranks. erable time and energy to his work at the I was proud to have introduced this resolu- bank, he has always made an extra effort to With the fall of the Soviet Union, many of the ‘‘hidden’’ ills of that society that had tion in the House, along with every member give to the community. Some of the organiza- been ‘‘frozen’’ by a totalitarian regime de- of the Helsinki Commission as original co- tions for which he serves as the director of in- voted to superficial ‘‘order’’ re-emerged. One sponsors. A companion resolution in the Sen- clude: the Lake County Community Develop- of these was open anti-Semitism. Freedom of ate, Senate Concurrent Resolution 19, has ment Committee, the Northwest Indiana World the press has given rise to countless anti-Se- been introduced by Commission Co-Chair- Trade Council, and the Northwest Indiana mitic publications and leaflets. As you know, man Senator Ben Nighthorse Campbell and Ranking Commissioner Senator Frank Lau- Local Initiatives Support Corporation. Addition- two suspicious explosions took place in Mos- cow recently near the Maria Roshcha and tenberg. ally, he has served as president and director In addition, several members of the Hel- of the Hammond Public Library, Lake Area Chorale synagogues. These are only the most recent instances of arson or suspected arson sinki Commission and I have written to Mr. United Way, and the Legal Aid Society of against these two synagogues. Other syna- Zyuganov to express our dismay at his role Greater Hammond. He has also been active gogues and Jewish cemeteries in the former and the role of his party in tolerating anti- with the Hammond Historical Society, the Lake Soviet Union and Russia have been hit as Semitism in a participating State of the Or- County Bar Association, Northern Indiana Arts well. ganization for Security and Cooperation in Association, and the Indiana Bankers Associa- In post-Soviet Russia, the residue of offi- Europe. In that letter, among other points, we urged Zyuganov to take every appro- tion. cial anti-Semitic propaganda of the Soviet era—disguised by Moscow as ‘‘anti-Zion- priate step to disassociate the Communist Although his work and community service Party from racist and anti-Semitic positions put extraordinary demands on his time, Calvin ism’’—was bound to find a certain reception among certain less-discriminating elements. and to reject individuals who hold those po- Bellamy has never limited the time he gives to These attitudes, freed from the constraints sitions. I would add that our Embassy and the his most important interest, his family, espe- of the Iron Curtain and now aided by the State Department have performed commend- cially his lovely wife, Cathy. Internet and an unrestrained press, and then ably in expressing to Russian officials our Mr. Speaker, I ask that you and my other reinforced and cross-pollinated by neo-Nazis deep concern about the rise of anti-Semitism distinguished colleagues join me in com- and racists throughout the world. In their in Russia. fervent anti-communism, some extreme na- mending Calvin Bellamy for his lifetime of I am informed by the State Department tionalists have attempted to present a dis- dedication, service, and leadership in North- that in recent days at least, there have been torted picture of Jews as allies of com- west Indiana. His large circle of family and no more anti-Semitic statements emanating munists destroying Russia during the Soviet friends can be proud of the significant con- from Duma members. However, as Elena period. In Russia today the communists Bonner remarked earlier this year at Hel- tributions this prominent individual has made. blame Jews for being allies of capitalists de- sinki Commission hearings, the parliamen- Our community has certainly been rewarded stroying Russia. Finally, the economic mal- tary elections in December of this year will by the true service and uncompromising dedi- aise experienced in Russia has engendered be an important indicator of Russia’s direc- cation displayed by Mr. Calvin Bellamy. hatred intolerance against not only Jews, tion for the future. Will Russia return to the but toward many ethnic minorities, espe- f democratic path of the early 1990s or will it cially the so-called ‘‘dark people’’ from the turn backward in reaction? We hope that the 93RD ANNUAL MEETING OF THE Caucasus. lesson of ethnic intolerance, taken to its ex- It is deplorable when vandals and hate- AMERICAN JEWISH COMMITTEE treme conclusion now in the Balkans, should mongers attempt to spread bigotry in any be clear. society, but we must admit that such unfor- In any event, let me assure you that as HON. CHRISTOPHER H. SMITH tunate incidents do not take place only in Chairman of the Helsinki Commission and as OF NEW JERSEY Russia. And, I have yet to meet any member Chairman of the Subcommittee on Inter- of the Russian Jewish community who wants IN THE HOUSE OF REPRESENTATIVES national Operations and Human Rights of to return to the Soviet period. But I—and I Monday, May 24, 1999 the House International Relations Com- know I can speak for other Members of the mittee, I will use every appropriate oppor- House of Representatives—have been out- Mr. SMITH of New Jersey. Mr. Speaker, I tunity to combat anti-Semitism and intoler- raged by the antics and attitudes that have recently had the pleasure of attending a forum ance in Russia. on ``The Upsurge of Anti-Semitism in Russia'' been exhibited by some members of the Rus- f sponsored by the American Jewish Committee sian Duma, especially in the ranks of the Communist Party. at its 93rd annual meeting. This forum was at- In December of last year, Mr. Viktor TRIBUTE TO EDWARD A. KOZIARZ tended by several Members of Congress and Ilyukhin, a Communist Party member and provided a useful opportunity for representa- chairman of the Duma security committee, HON. ANTHONY D. WEINER tives of the AJC and Members of Congress to stated that Yeltsin’s ‘‘Jewish entourage’’ is OF NEW YORK exchange their thoughts on the rise of anti- responsible for alleged genocide against the IN THE HOUSE OF REPRESENTATIVES Semitism in Russia and the response of Con- Russian people. Another Communist Party gress. member, retired General Albert Makashov, Monday, May 24, 1999 In this connection, I distributed a statement speaking at public rallies, referred to ‘‘the Mr. WEINER. Mr. Speaker, I rise today to regarding the March 23 passage of H. Con. Yids’’ and other ‘‘reformers and democrats’’ as responsible for Russia’s problems and invite my colleagues to pay tribute to Edward Res. 37, a resolution that condemned the anti- threatened to make up a list of targets and A. Koziarz on the occasion of his being hon- Semitic statements made by certain members ‘‘send them to the other world.’’ ored for his twenty-five years of service to the of the Russian State Duma, as well as com- Incidentally, I have seen films of Mr. members of Plumbers Local Union No. 1, U.A. mending fair-minded members of the Duma Makashov’s performance. It is quite sober- The members of the Plumbers Local Union for their efforts to condemn such statements. ing. I can only say, ‘‘Heaven help the Rus- No. 1 have long been known for their commit- This resolution passed the House of Rep- sian people and the world,’’ if he and his ilk ment to community service and to enhancing resentatives unanimously. As Chairman of the ever do triumph. the quality of life for all New York City resi- In fairness to the many conscientious Rus- Helsinki Commission, I was proud to have in- sians inside and outside of the government, dents. troduced this resolution in the House, along these anti-Semitic statements were widely This gathering is not only a festive hap- with every member of the Helsinki Commis- condemned in Russia. In response to the pub- pening, it is a chance for all of us to celebrate sion. A companion resolution in the Senate, S. lic outcry, both in Russia and abroad, Com- and pay tribute to a man who has dedicated Con. Res. 19, has been introduced by Com- munist Party chairman Zyuganov explained his life to helping others. Edward A. Koziarz, CONGRESSIONAL RECORD — Extensions of Remarks E1065 truly represents the best of what our commu- graphs. I was also impressed by a video docu- Dr. Weiss has also given generously of his nity has to offer. mentary of the project and related activities time to numerous civic and community-based Edward A. Koziarz was born on November that was made in conjunction with the Experi- organizations including Mothers Against Sex- 13, 1936 in Ozone Park, New York. He and mental Aircraft Association (EAA). ual Abuse, San Bernardino Child Advocacy his loving wife, Annette, have three wonderful The Wisconsin students were able to go to Program, the Children's Network of San children and have taken great pride and joy in Florida to view the Discovery launch in Octo- Bernardino County, and the Center for Coun- the successes of their four grandchildren. ber. They raised their own money for the trip seling and Parenting. In addition, he has been Edward A. Koziarz was initiated into Plumb- through a variety of fund-raisers which in- particularly active as an educator before nu- ers Local #1 and appointed as a United Asso- cluded selling cookies and T-shirts and merous civic, religious, and professional ciation Organizer in June of 1974. Since his hosting a spaghetti dinner. groups at the local and national level. election on July 1, 1978, Edward A. Koziarz Seventh and eighth grade students in the Mr. Speaker, I ask that you join me and our has served as Local #1's Business Agent, a Montello School system are co-authoring a colleagues in recognizing the tremendous con- post he holds to this very day. Edward A. children's picture book. The students devel- tributions of Dr. Michael Weiss as he is pre- Koziarz has also served his brothers in Local oped their own ideas for the characters, plot, sented with the Rabbi Norman F. Feldheyman #1 by serving as a delegate to United Asso- settings, and illustrations featuring children Award. Dr. Weiss, along with his wife, Ellen, ciation Conventions in 1976, 1981, 1986, 1991 from Montello, Italy and Montello, Wisconsin. and children, Emily and Zachary, provide an and 1996. The book will feature NASA projects as seen outstanding example of faith and family. It is Edward A. Koziarz has been among the from the children's perspective. They will be especially appropriate that this honor is being pre-eminent labor leaders of New York City submitting the book to a professional pub- bestowed at a ceremony also marking the Civil Service Skilled Tradesman since 1974 lisher. A literacy quilt was created to highlight 108th anniversary of the founding of Con- and is one of the Founding Fathers of the the success of the NASA Project. gregation Emnau El. New York City Comptroller's Prevailing Wage Catherine Ellenbecker, teacher, has been f Council. asked to have the students do a multimedia CONGRATULATIONS TO W. KEN Edward A. Koziarz has long been known as presentation on the seed project at the Naval MASSENGILL an innovator and beacon of good will to all Academy in Annapolis in September. those with whom he has come into contact. The time and effort the students of Montello, Through his dedicated efforts, he has helped Wisconsin and II Montello of Italy put into this HON. PETER J. VISCLOSKY to improve my constituents' quality of life. In project was phenomenal and their achieve- OF INDIANA IN THE HOUSE OF REPRESENTATIVES recognition of his many accomplishments on ments and successes should be recognized. I behalf of my constituents, I offer my congratu- believe these students deserve a full measure Monday, May 24, 1999 lations on his being honored by Plumbers of praise for all they have accomplished. Mr. VISCLOSKY. Mr. Speaker, it gives me Local Union No. 1, U.A. in recognition of his f great pleasure to pay tribute to an outstanding twenty-five years of service to the Union as an citizen of Indiana's First Congressional District, Organizer and Business Agent. A TRIBUTE TO DR. MICHAEL G. W. Ken Massengill. On Saturday, June 5, f WEISS 1999, Mr. Massengill, along with his friends and family, will celebrate his retirement from MONTELLO STUDENTS SPACE HON. JERRY LEWIS United Steelworkers of America (USWA), Dis- SEED PROJECT ON SPACE SHUT- OF CALIFORNIA trict 7. The celebration will take place at St. TLE DISCOVERY IN THE HOUSE OF REPRESENTATIVES Elijah Serbian-American Hall in Merrillville, In- Monday, May 24, 1999 diana. HON. THOMAS E. PETRI Ken Massengill has dedicated a substantial OF WISCONSIN Mr. LEWIS of California. Mr. Speaker, I portion of his life to the betterment of union IN THE HOUSE OF REPRESENTATIVES would like to bring to your attention today the members and the community of Northwest In- fine work and outstanding contributions of Dr. Monday, May 24, 1999 diana, as well as the entire state. Michael G. Weiss. Congregation Emanu El of Mr. Massengill's distinguished career in the Mr. PETRI. Mr. Speaker, this past year, stu- San Bernardino, CA, will honor Dr. Weiss on labor movement has made his community, dents from Montello, Wisconsin worked on a June 5 as this year's recipient of the Rabbi state, and nation a better place in which to live project that entailed an international experi- Norman F. Feldheym Award for distinguished and work. For more than twenty-five years, ment which was included on last fall's historic service to the congregation and community. Mr. Massengill has served as an important fig- Discovery space shuttle flight. He will be recognized at a dinner dance which ure as a member of the United Steel Workers The experiment involved vials of lettuce will also commemorate the 108th anniversary of America. He has held several positions seeds from Wisconsin and chicory seeds from of the chartering of the congregation. throughout his tenure, but none as important Italy being subjected to micro gravity, extreme The Norman F. Feldheym Award was estab- as Assistant Director of District 7, USWA, a heat and cold during the NASA flight. While in lished to pay tribute to those members of Con- position from which he retired in February of space, the project was tended by astronaut gregation Emanu El who have, in their own 1999. John Glenn. The seeds are being studied to lives, reflected Rabbi Feldheym's qualities of As a union representative, Ken Massengill determine the effects of space travel. Early re- love for and loyalty to the synagogue, service has held a variety of offices, ranging from sults indicated that the space seeds did as to the community, as well as evidencing per- union steward to Sub-District Director. In addi- well as the control seeds despite not being sonal traits of humility, loving kindness, care, tion to his service to the union, he has de- fertilized. This unexpected finding could have and love. Dr. Weiss has been a particularly voted much of his time to community initia- far-reaching implications for the environment. devoted leader of Congregation Emanu El tives. Some of the activities Mr. Massengill The school-wide project included students of through his 10-year service as a member of has been involved with include: board member different ages and the central theme allowed the board of directors as well as treasurer, for both the Porter County and Michigan City all types of classes to be involved, such as vice president, and, from 1996-98, president of United Way, Chairman of the Lake Area English, history, and agriculture. The seed the congregation. Over the years, Dr. Weiss United Way Board of Trustees, member of the project, ``Growing Montello Transglobally'' is a has been a tremendous inspiration to others Indiana University Labor Studies Advisory joint effort with students from the II Montello through his love for Judaism and his commit- Board, and President of the Indiana Unem- region of Italy. The students communicated ment and devotion to the synagogue. ployment Insurance Board. Additionally, he over the Internet using an Italian translator Dr. Weiss is also a widely recognized and serves as the Indiana Steelworkers PEC Leg- program. highly respected member of the faculty of the islative Director, PAC Coordinator, and in During a visit to Montello High in January, I Department of Psychology at California State 1994 was appointed by Former Governor had the opportunity to discuss the project with University at San Bernardino. He is a Evan Bayh to the Indiana Port Commission the students and was impressed by their inter- psychotherapist in private practice as well as where he currently served as the Chairman of ests and abilities. I toured classes where stu- a consultant to numerous mental health facili- the Port Commission. dents had participated in computer portions of ties throughout the Inland Empire. A prolific On this special day, I offer my heartfelt con- the project, from sharing and tracking informa- author, Dr. Weiss has conducted research and gratulations to Ken Massengill. His large circle tion with their sister school in Montello, Italy, written extensively on parenting, sexual of family and friends can be proud of the con- to downloading and sending digital photo- awareness, and foster parenting. tributions this prominent individual has made. E1066 CONGRESSIONAL RECORD — Extensions of Remarks May 24, 1999 His work in the labor movement provided ramento. U.S. Marshal Jerry Enomoto and TRIBUTE TO TEMPLE BETH union workers in Northwest Indiana opportuni- Chief Deputy Nelson managed complex secu- AHAVATH SHOLOM ties they might not have otherwise had. Mr. rity arrangements with exceptional profes- Massengill's leadership kept the region's labor sionalism during this period. HON. ANTHONY D. WEINER force strong and helped keep America work- While the new Federal Courthouse was OF NEW YORK ing. Those in the movement will surely miss being constructed in Sacramento, Mr. Nelson IN THE HOUSE OF REPRESENTATIVES Mr. Massengill's dedication and sincerity. I sin- took an active role in making sure that the Monday, May 24, 1999 cerely wish Ken Massengill a long, happy, and special requirements of the Marshals Service productive retirement. were included throughout the building. His Mr. WEINER. Mr. Speaker, I rise today to f thorough knowledge of the relevant security invite my colleagues to pay tribute to the needs and on-site weekly inspections proved members of Temple Beth Ahavath Sholom on the occasion of its Annual Journal Luncheon. CONGRATULATIONS TO MICHAEL invaluable to the overall construction process. R. NELSON, CHIEF DEPUTY U.S. The members of Temple Beth Ahavath Sho- Since taking over as Chief Deputy in 1990, lom have long been known for their commit- MARSHAL FOR EASTERN DIS- Mr. Nelson has proved to be an excellent TRICT OF CALIFORNIA ment to community service and to enhancing manager and budget officer. HIs prudent ap- the quality of life for all New York City resi- proach to budgeting limited resources is espe- dents. HON. ROBERT T. MATSUI cially noteworthy. This year's luncheon is not only a festive OF CALIFORNIA Mr. Speaker, Chief Deputy U.S. Marshal Mi- happening, it is a chance for all of us to cele- IN THE HOUSE OF REPRESENTATIVES chael Nelson has been a great public servant brate and pay tribute to a group of individuals Monday, May 24, 1999 in the Eastern District of California. I ask all of who have dedicated their lives to helping oth- my colleagues to join with me in thanking him ers. This year's honorees truly represent the Mr. MATSUI. Mr. Speaker, I am honored to for his exceptional service and wishing him best of what our community has to offer. rise today in tribute to Michael R. Nelson, every success in all of his future endeavors. Fran Arnowitz and her husband Manny have Chief Deputy U.S. Marshal for the Eastern continuously surrounded themselves and their District of California. As he celebrates his re- f children in the warmth of Judaism through tirement, I ask all of my colleagues to join with TRIBUTE TO CHACELLA NEWTON their involvement with Beth Sholom People's me in saluting his outstanding public service Temple and Temple Beth Ahavath Sholom. career. Following Beth Shalom People's Temple's Mr. Nelson has been the Chief Deputy U.S. HON. DAVID E. BONIOR consolidation with Temple Ahavath Sholom, Marshal for the Eastern District of California OF MICHIGAN Fran Arnowitz became the Temple's Treas- for the past 10 years. He has overall responsi- IN THE HOUSE OF REPRESENTATIVES urer, a post she still holds. Fran is widely re- bility for all operations and administrative pro- Monday, May 24, 1999 garded as a hard worker who has dedicated grams within this major judicial district. herself to addressing the needs of the Temple With almost 30 years of experience within Mr. BONIOR. Mr. Speaker, today I would and its members. the Marshals Service, Mr. Nelson has brought like to congratulate Ms. Chacella Newton upon Myron Klein, a long time member of Temple a vast range of knowledge, experience, and her retirement from her position as Food Serv- Ahavath Sholom prior to the consolidation, is management skills to his current position as ice Director for the Macomb Intermediate a man who has distinguished himself through chief deputy. School District. Her friends and colleagues will his service to the Temple that he loves. Mryon His tenure in this position has been high- honor her with a retirement party at the Klein has long been an active member of lighted by his proactive approach to negoti- Macomb Intermediate School District on May Temple Beth Ahavath Sholom's Brotherhood ating with local law enforcement agencies and 26, 1999. and serves as its Treasurer. In addition, Myron jails. He has worked hard to eliminate most Chacella Newton has dedicated her career has taken a leading role in the Temple's fund- federal prisoner housing shortfalls within the to health and good nutrition. For nearly 40 raising efforts and serves as the Chairman of Eastern District. years, Chacella has worked in the field of Di- the Goods and Services Auction which has Mr. Nelson has always been concerned first etetics. In 1960, she accepted her first position raised thousands of dollars for the Temple. and foremost with the safety of his deputy as the Director of Dietetics at Detroit's St. Each of today's honorees has long been U.S. Marshals. He has initiated several pro- John Hospital. In 1967, Chacella took the po- known as innovators and beacons of good will grams within the district to ensure that all per- sition of Director of Dietetics at Alexander to all those with whom they come into contact. sonnel are properly trained and given the tools Blain Memorial Hospital. She worked there Through their dedicated efforts, they have necessary to survive in a hostile confrontation until 1978, when she accepted her current po- each helped to improve my constituents' qual- or critical incident. sition as Food Services Director for the ity of life. In recognition of their many accom- He has worked hard to implement policies Macomb ISD. plishments on behalf of my constituents, I offer which provide for greater survival, firearms, Through her position with the Macomb Inter- my congratulations on their being honored by and simulation training for the deputy U.S. mediate School District, Chacella has become Temple Beth Ahavath Sholom. Marshals in his district. Mr. Nelson also cre- known for her commitment to children's health. f ated an award winning Special Response She has led a number of state and national STEPHEN M. BARROUK HONORED Team in the district. This team, with all of its programs to improve services offered in special training, has won numerous competi- school lunch rooms. Chacella has also pro- tions against other local, state, and federal vided her valuable advice to others. Person- HON. PAUL E. KANJORSKI agencies. ally, I have relied on Chacella many times for OF PENNSYLVANIA The district's Critical Response Team is an- her trustworthy opinions. Similarly, the food IN THE HOUSE OF REPRESENTATIVES other example of Chief Deputy Nelson's ex- safety manual, when she wrote, has been sold Monday, May 24, 1999 traordinary management capabilities. This in 16 states and used by the U.S. Department Mr. KANJORSKI. Mr. Speaker, I rise today team works closely with the Marshals Human of Agriculture. to pay tribute to a distinguished community Resources Division and Employee Assistance Chacella Newton is also a person dedicated leader and my good friend, Mr. Stephen M. Program to ensure that the needs of Marshals to her community. She currently serves on the Barrouk. In June, Leadership Wilkes-Barre will personnel are met following any critical inci- boards of the Macomb Essential Transport honor Steve with the group's 1999 Distin- dent. Services, the Comprehensive Youth Services guished Leadership Award. I am pleased and In 1989, Mr. Nelson received the Marshals and the Mount Clemens Public Library. In ad- proud to have been asked to participate in this Service Director's Award for Outstanding Man- dition, Chacella was the first African American richly-deserved tribute. ager based on his innovative approach and woman to take a seat on the Mount Clemens A native of Wilkes-Barre, Steve graduated great management skills. He has always been School Board. She has also served as the from E.L. Meyers High School. He earned a highly regarded by the local law enforcement President of the Michigan School Food Serv- B.A. degree in Urban Studies/Economics and community, the federal judiciary, and fellow ice Association. a Master's Degree in Public Administration employees alike. It is my honor and my privilege to congratu- from the University of Pittsburgh. Steve went I especially commend Mr. Nelson for his late Chacella Newton on her retirement from on to serve in the Department of City Develop- outstanding handling of the difficult logistics the Macomb Intermediate School District, and ment in Pittsburgh and later as the Deputy Di- associated with the Unabomber Trial in Sac- wish her the best of luck for the future. rector of the Allegheny County Department of CONGRESSIONAL RECORD — Extensions of Remarks E1067 Development. He also served as Executive Di- tify the individual in the video. This is a difficult of Trustees, where he is responsible for land rector of the Allegheny County Industrial, Hos- task given the fact that most of the time, only acquisition and construction of facilities. pital and Higher Education Authorities. the actress' legs are shown. Second, it is dif- In recognition of all his hard work and gen- Steve returned to Northeastern Pennsyl- ficult to prove that the act featured in the video erosityÐand in spite of his natural sense of vania to become the President/CEO of the occurred with in the statue of limitations. Third, modestyÐVic Scudiery has received countless Greater Wilkes-Barre Chamber of Business local animal cruelty laws do not prohibit the honors from civic and charitable organizations and Industry and its affiliates, the Greater production, sale, or possession of the video. throughout New Jersey, including the Wilkes-Barre Industrial Fund and the Greater There are also no federal laws that could be Bayshore Senior Center, Brookdale College, Wilke-Barre Chamber of Commerce. He is used to prosecute the individuals. Knights of Columbus, Society of St. Anthony also a member of the Luzerne County Con- Sick criminals are taking advantage of the of Padua, the NAACP, and various municipal vention Center Authority, the Pennsylvania loopholes in the local law and the lack of fed- and Democratic organizations. Economic Development Association, the eral law on animal cruelty videos. This is a se- On this occasion, Mr. Speaker, I am hon- American Chamber of Commerce Executives, rious problem. Thousands of these videos are ored to join with the Women's Democratic and the Industrial Development Research being sold. Thousands of dollars are being Club of Monmouth County, and the many Council. made. By not closing these loopholes and al- friends of Victor Scudiery, in paying tribute to Steve serves on the board of the Economic lowing this sick behavior, we are encouraging a great chairman and one of our most distin- Development Council of Northeastern Penn- people to profit from violating the state animal guished citizens. sylvania, the United Way of Wyoming Valley, cruelty laws. This must be stopped! f the Ethics Institute, Blue Cross of North- H.R. 1887 will put a stop to this offensive eastern Pennsylvania, and the Downtown behavior. This legislation is narrowly tailored COMMEMORATING THE LEADER- Task Force of Wilkes-Barre. Steve also serves to prohibit the creation, sale or possession of SHIP OF EAST SIDE SCOUT- on the board of the Earth Conservancy, a non- a depiction of animal cruelty in interstate com- MASTER DAN NELSON profit, charitable organization that is restoring, merce for commercial gain. H.R. 1887 does preserving, and developing more than 17,000 not preempt state laws on animal cruelty. HON. BRUCE F. VENTO acres of land throughout Luzerne County pre- Rather, it incorporates the animal cruelty law OF MINNESOTA viously owned by a bankrupt coal company. of the state where the offense occurs. IN THE HOUSE OF REPRESENTATIVES He also played an important role in helping to I urge all of my colleagues to join me in pur- Monday, May 24, 1999 win an American Heritage River designation suing this legislation which will put an end to Mr. VENTO. Mr. Speaker, we must recog- for the Upper Susquehanna-Lackawanna Wa- profiting from these disgusting criminal acts. nize outstanding efforts by individuals that are tershed. Please contact Wendy Wiseman of my staff at I have worked closely with Steve on count- 5±5811 to cosponsor H.R. 1887. continuing to set aside private lands for the general welfare of today's youth and future less projects to improve the quality of life for f Northeastern Pennsylvania. Despite the enor- generations. Dan K. Nelson of St. Paul, a neighbor of mity of the challenges he has faced on com- WOMEN’S DEMOCRATIC CLUB OF mine back home, was recently awarded the plex projects such as restoring the former MONMOUTH COUNTY PAYS TRIB- Boy Scouts of America's ``William T. Hornaday Pomeroy's building in downtown Wilkes-Barre, UTE TO CHAIRMAN VICTOR V. Gold Medal'' award. The award is surely a creating a new sports area/convention center, SCUDIERY positive recognition, but I know that Dan Nel- and the day-to-day work of attracting new in- son's real joy is the knowledge that this spe- dustries to our area, Steve has always shown HON. FRANK PALLONE, JR. cial landscape along the St. Croix River will be the utmost devotion to the community. He OF NEW JERSEY a legacy for future generations. leads his organization with the highest level of IN THE HOUSE OF REPRESENTATIVES Thanks Dan and congratulations on your professionalism. Monday, May 24, 1999 good work. Mr. Speaker, I would like to submit Over the past several years, I have enjoyed for the RECORD an article from the May 17, working with Steve Barrouk to promote eco- Mr. PALLONE. Mr. Speaker, on Sunday, 1999 East Side Review outlining Dan Nelson's nomic development in Northeastern Pennsyl- May 23, the Women's Democratic Club of life long vocation and profession which has vania. Steve's efforts have literally helped cre- Monmouth County, NJ, will pay tribute to Mr. been inspired by experiences and lessons ate thousands of jobs in the Wyoming Valley. Victor V. Scudiery, who for the past 10 years learned as a Boy Scout. I am pleased to join Leadership Wilkes-Barre has served as the Monmouth County Demo- in thanking Steve Barrouk for his efforts. cratic Chairman. [From the East Side Review, May 17, 1999] Luzerne County will undoubtedly benefit from A native of Newark, NJ, Mr. Scudiery grad- EAST SIDE BOY SCOUT LEADER WINS his further labors in the years ahead. uated from Seton Hall University. He served NATIONAL AWARD f his country in the U.S. Army in both active and (By Scott Nichols) reserve duty. Since then, he has achieved the The developer in possession of the 1,100 ANIMAL CRUELTY LEGISLATION status of one of our most prominent citizens in acres adjacent to the St. Croix River wanted the worlds of business and politics and in the to turn the property into a golf course com- civic life of our community. He is the president munity boasting more than 200 homes. HON. ELTON GALLEGLY Through the persistence of East Side trial OF CALIFORNIA of Interstate Electronics in Hazlet and also oversees several other business ventures in lawyer, resident and assistant Scoutmaster IN THE HOUSE OF REPRESENTATIVES Dan Nelson, the developer never got his New Jersey and Florida. But it is probably in Monday, May 24, 1999 chance. his capacity as the Monmouth County Demo- Nelson joined in the neighborhood push for Mr. GALLEGLY. Mr. Speaker, criminals cratic Chairman that Vic Scudiery is best the sale of the property. Together the group should not profit from illegal acts. That is why know. was successful, eventually, in coming up I introduced H.R. 1887 last week that will ban As if his chairmanship didn't keep him busy with the developer’s price tag of $1.1 million, illegal, disgusting acts that are occurring na- enough, Vic Scudiery devotes considerable through private donations and appeals for tionwide. time to many worthwhile causes. He serves on funds to the Wisconsin Department of Nat- People around the country are making the boards of seven community organizations, ural Resources. It’s for continued effort like that that the ``crush videos.'' These videos feature women and his energy, devotion and sincere commit- Boy Scouts of America Indianhead Council crushing small animals with their feet while ment to giving something back to his commu- announced April 12 that Nelson has been wearing spiked heals. The videos are sold na- nity is felt in all of the endeavors that he is in- awarded what is perhaps the most pres- tionwide to people who enjoy this type of so- volved with. He is the chairman of the tigious award in all of scouting, the William called ``foot fetish.'' and sellers of the video Bayshore Senior Day Center Board of Advi- T. Hornaday Gold Medal. are making millions of dollars. sors, a lifeline to many area senior citizens, ‘‘Rare is not an appropriate term (for the The acts of animals cruelty featured in the providing meals, companionship and daily ac- award). They are very, very extremely rare,’’ video are illegal under state law. However, ac- tivities. As chairman of the Buck Smith Memo- says Ron Phillippo, chief executive of the Indianhead Council. cording to District Attorney Michael Bradbury rial Foundation, he has overseen the granting The award is given out to adult Scouters of Ventura County, California, it is difficult to of scholarships to deserving students. The who render a distinctive and unusual service prosecute these acts under state animal cru- Bayshore Hospital Health Care Center se- to natural resources conservation over an ex- elty laws. First, a District Attorney must iden- lected Mr. Scudiery as chairman of the Board tended period. E1068 CONGRESSIONAL RECORD — Extensions of Remarks May 24, 1999 According to Phillippo, less than 100 of SOCIAL SECURITY AND MEDICARE The premise of this legislation is quite sim- these awards have been given out nationally SAFE DEPOSIT BOX ACT OF 1999 ple. As a Member of Congress representing a since 1910, the birth of scouting. border-state with Canada, I believe that it is ‘‘I’ve been in this business for 41 plus HON. RON PACKARD essential for American farmers to be on the years, and I only recall in my entire career OF CALIFORNIA same level ``playing field'' as their international three or four ever given out,’’ says Phillippo, IN THE HOUSE OF REPRESENTATIVES counterparts. I am hopeful that the Pesticide noting that he’s served the Boy Scouts orga- Harmonization Act of 1999 will begin a much nization in various locations all over the Monday, May 24, 1999 needed dialogue between the United States country. ‘‘It’s a very prestigious award. It Mr. PACKARD. Mr. Speaker, I strongly sup- and Canada on chemical harmonization as we takes a good deal of character in terms of port H.R. 1259, the Social Security and Medi- head into the 21st Century. project.’’ care Safe Deposit Box Act of 1999. Saving The Pesticide Harmonization Act of 1999 is Nelson’s project saved the 1,100 acres just and strengthening Social Security is one of the designed to establish a process under which 34 miles northeast of the Twin Cities from highest priorities for me. After people work the Environmental Protection Agency (EPA) being developed. Much of the reason he was hard their entire life they should feel confident could be requested to review registration re- greatly interested in maintaining the land in that they will receive their Social Security ben- quests for certain pesticide products. The an undeveloped state was that the property types of pesticides that would be reviewed are was adjacent to the nonprofit Beaver Valley efits. Camp used largely by scouting groups. The way I see it, we have to get Washing- registered for use on a specific crop in Can- ton's hands out of Social Security once and ada and are also registered in the United Nelson, 51, attended the camp as a child, for all. We need legislation that will perma- States but not for use on that specific crop. In and was part of the troop whose previous nently prevent Washington from raiding the addition, the chemical must be needed to re- members had formed the camp years before. ‘‘That’s where they implanted the curi- Social Security surpluses for wasteful spend- spond to critical pest control needs of United osity.’’ ing programs. The simple truth is that the So- States growers which are not otherwise being cial Security Trust Fund will go into the red in met, and supported for registration by their The curiosity that Nelson talks about is 14 years unless we act now to strengthen it. manufacturers. If the chemical meets these what helped to drive him both into adult criteria then the EPA review process would be scouting and the legal profession. When he Under H.R. 1259, Washington would never be was a political science and international un- able to touch Social Security dollars again, as expedited. The EPA would have 180 days dergraduate at the University of Minnesota, 100 percent will be saved for Social Security. after receiving a request from the registrant for the camp had legal problems associated with The Social Security and Medicare Safe De- a specific product to either agree to accept the the land. Those legal problems were severe posit Box Act of 1999 will help us guard registration package approved by the Cana- enough that Nelson says his camp bought against attempts to raid the Social Security dian Pest Management Regulatory Agency one piece of land three times (and, he says, surpluses for more government spending by (PMRA) or to explain their reasons for not ap- ‘‘under my watch the third and final time.’’) toughening budget procedures. This legislation proving the request. Boundary disputes and bogus deeds were will change the way the budget is presented Clearly, there is an inequity in pesticide reg- par for the course, for years, according to so Social Security funds cannot be used for istrations, particularly for canola, wheat, and Nelson, noting that the legal disputes over other purposes, including how we measure barley, between the United States and Can- the land helped to push his interests into the our Federal surplus. ada. In the case of canola, Canada has about legal arena, which led to his attending Mr. Speaker, having paid into Social Secu- 40 pesticides registered while the United Hamline Law School for his law degree. rity myself for over 40 years, I will never sup- States has only seven. American farmers All through that time, he never got tired port hasty reforms that threaten the financial ought to have access to the same, environ- of spending time at Beaver Valley Camp. For futures of those who have committed a lifetime mentally safe pest control tools that are avail- the last 23 years, Nelson has spent anywhere of earnings to the system. As a father and a able to their Canadian counterparts. from five to 20 hours a week volunteering at grandfather, I strongly believe it is time we Mr. Speaker, American farmers are facing the camp, teaching inner-city kids activities take action to ensure Social Security will be 50 year low commodity prices, at the same such as soil conservation, trout pond repair available for generations to come. time costs of production are continuing to rise. and tree planting, the same things that he I urge my colleagues to support H.R. 1259 The Pesticide Registration Harmonization Act learned about when he went to the camp as of 1999 is a step in the right direction of lev- an East Side youth. and protect Social Security. f eling the playing field for American producers. Nelson, as he says, was ‘‘born, raised, and f baptized on the East Side.’’ He grew up on PERSONAL EXPLANATION Stillwater Avenue, and since then has moved HONORING THE KIWANIS CLUB OF only three miles, to his current home close HON. JIM DeMINT MERRICK ON THEIR 50TH ANNI- to Lake Phalen, which he shares with his VERSARY wife Sandy and three of his four children. OF SOUTH CAROLINA IN THE HOUSE OF REPRESENTATIVES ‘‘He’s had many people recognized with our HON. PETER T. KING top award, the Eagle Scout award,’’ says Monday, May 24, 1999 OF NEW YORK Phillippo. For the kids to progress that far, Mr. DEMINT. Mr. Speaker, on May 20th, I he says, Scout leaders such as Nelson need to IN THE HOUSE OF REPRESENTATIVES missed rollcall vote No. 144 due to my daugh- provide a ‘‘hugh number of opportunities’’ Monday, May 24, 1999 for them to work through the roughly 800 re- ter's graduation. Had I been present, I would Mr. KING. Mr. Speaker, I rise today to honor quirements necessary to get the badge. have voted ``yes'' on agreeing to the Senate amendments to H.R. 4. and recognize the 50th anniversary of the Nelson’s love of teaching doesn’t stop at f Kiwanis Club of Merrick which occurred on conservation practices. He’s a Big Brother, a Sunday, May 23, 1999. Sunday school teacher, and a meet director INTRODUCTION OF THE PESTICIDE Known as ``The Club With a Heart,'' the for the local YMCA swim team. He’s also REGISTRATION HARMONIZATION work of the Kiwanis Club of Merrick has bene- taught trial advocacy and been a Moot Court ACT OF 1999 judge for Hamline and the Minnesota Bar As- fitted children, senior citizens, teachers, stu- sociation. dents, disabled youth, needy families and Merrick residents in general. By engaging in While Nelson’s past accomplishments in- HON. EARL POMEROY clude being listed in the Hamline Law OF NORTH DAKOTA activities of fundamental importance to our School’s Hall of Fame and four different IN THE HOUSE OF REPRESENTATIVES community, the club has consistently shown itself to be a leader in civic service. Who’s Who books, and winning roughly a Monday, May 24, 1999 dozen scouting awards since 1990, he’s quite Whether it is the distribution of food baskets elated at having won the Hornaday Gold Mr. POMEROY. Mr. Speaker, I rise today to to needy families during the holidays, award- Medal. introduced the Pesticide Registration Harmoni- ing scholarship funds to deserving high school ‘‘The Hornaday Gold Medal is awarded be- zation Act of 1999. I am pleased to have Rep- graduates, picnicking with disabled youth or cause of the regional or national impact,’’ he resentative RICK HILL of Montana and Rep- sponsoring geriatric home visits and sing- says. ‘‘I never thought I would get it, and I’m resentative JOHN BALDACCI of Maine as origi- along's, the dedicated members of the Merrick really delighted and surprised that I did get nal cosponsors on this very important legisla- Kiwanis Club have played a crucial role in it.’’ tion for American farmers and ranchers. bettering the lives of countless members of CONGRESSIONAL RECORD — Extensions of Remarks E1069 New York's third district since the club's foun- ered the prominent program in this field. Nat Incentives Improvement Act. I hope that we dation in 1949. also founded the Direct Marketing Idea Ex- can enact this legislation. Most recently, the club has undertaken ef- change, a discussion club including the most San Diego Union-Tribune columnist Peter forts to donate pediatric trauma kits and port- prestigious talents in the business. In 1984 he Rowe was the preeminent chronicler of Holly able emergency generators to local fire de- was named to the Direct Marketing Associa- Caudill's life and her advocacy the past couple partments and distribute bicycle safety hel- tion's Hall of Fame. of years. I would like to quote from his column mets free to all second and third graders in Mr. Speaker, I ask my colleagues to join me of March 23, 1999, in describing why Ms. local elementary schools among many other in wishing a happy 95th birthday to Nat Ross. Caudill worked as hard and fought as vigor- laudible ventures. f ously as she did. As we prepare to enter the 21st century we ‘‘Caudill’s situation is distressingly com- must recognize those who have brought us to IN TRIBUTE TO HOLLY CAUDILL mon. where we are today. For members of the ‘‘There are thousands of people—there may Merrick extended community, the Kiwanis HON. RANDY ‘‘DUKE’’ CUNNINGHAM be tens of thousands of people—just like her,’’ said Cyndi Jones, director of the Acces- Club and its contributions on such a broad OF CALIFORNIA sible Society Action Project (ASAP), a San spectrum of initiatives has played an important IN THE HOUSE OF REPRESENTATIVES Diego-based organization that lobbies on be- role in the past half century and on behalf of Monday, May 24, 1999 half of the disabled. ‘‘These people want to the third district, I would add, that it is our sin- go back to work, but they are caught in a cere hope that their important work continues Mr. CUNNINGHAM. Mr. Speaker, I rise Catch-22. well into the next millenium. today to notify my colleagues of the death on ‘‘Here’s the catch: f Friday, May 21st, of Holly Caudill, of San ‘‘If you are disabled and Washington—via Diego, California, a vigorous and tireless ad- Social Security or Medicare—pays some of PERSONAL EXPLANATION vocate for persons with disabilities to have a your health bills, you cannot work. Without fighting chance to achieve the American a job, there’s a good chance you’ll end up on HON. JENNIFER DUNN Dream. welfare. Ms. Caudill was a young lawyer, a native of ‘‘You want to work? Fine. You lose your OF WASHINGTON benefits. Without benefits, there’s an out- the State of Washington, and an Assistant IN THE HOUSE OF REPRESENTATIVES standing chance you won’t make enough U.S. Attorney in San Diego. And she was a money to afford treatment. Monday, May 24, 1999 quadriplegic, the result of a motor vehicle acci- ‘‘Today, roughly 9 million disabled Ameri- Ms. DUNN. Mr. Speaker, on May 18, 1999, dent at age 14. Her experience, and the inspi- cans receive federal disability benefits. the House considered the conference report ration of her late father Paul Caudill, taught While many cannot work, others retain the for H.R. 1141, the fiscal year 1999 emergency this determined woman several thingsÐmost ability and the desire.’’ supplemental bill. I was not recorded on final importantly that there was little that she could Mr. Speaker, Holly Caudill had the ability. passage of the conference report (rollcall 133), not do, given a chance. She had the desire. She found the whole sys- but wish the RECORD to reflect that I was sup- I met Ms. Caudill some years ago in a tem aligned against her iron will to work. Yet portive of the measure. meeting where she gave me the benefit of her she did work. She helped to make our system f experience. Notwithstanding the fact that she of justice work as an Assistant U.S. Attorney, was eager and qualified to work, the existing while she so vigorously advocated for justice TRIBUTE TO NAT ROSS system of medical benefits, disability cov- and dignity in work for persons with disabil- erage, and other government programs made ities. HON. JOSE´ E. SERRANO productive work almost impossible. A job with Before she reached her goal, of an Amer- OF NEW YORK greater pay meant a severe reduction in bene- ican where people with disabilities could work IN THE HOUSE OF REPRESENTATIVES fits payments, providing a powerful disincen- and enjoy the fruits of their labors, our Heav- tive against paid work for her and for other enly Father brought her home. There are no Monday, May 24, 1999 Americans with severe disabilities. wheelchairs there, Mr. Speaker. Mr. SERRANO. Mr. Speaker, I rise today to Her knowledge of the system, and her de- Let the permanent RECORD of the Congress pay tribute to a great civil rights and women's termination to succeed, together with support of the United States today note that Ms. Holly rights leader, an outstanding individual who from others that she inspired, helped Ms. Caudill, Assistant U.S. Attorney in San Diego, has devoted his life to his family and to serv- Caudill to continue to work and be a tax-pay- California, was an inspiration to me and to ing the community, Mr. Nat Ross. For the past ing citizen. When it came to this basic prin- many others, and a friend of America. May 60 years, he has played a major role in vir- cipleÐthat people who work for pay should God rest her soul, and give peace to her fam- tually every significant movement for civil not have the government arrayed against ily, friends, co-workers, and to so many others rights, empowerment, and social and eco- themÐHolly Caudill was second to none as a that she touched. And may we remember well nomic justice. Mr. Ross will turn 95 on June vigorous, determined, effective and inspira- her life's purpose. 25. tional advocate. f Born to immigrant parents who labored as I recall most vividly that in the 105th Con- garment workers, Nat Ross started on his path gress, at her request, I helped her to meet INTRODUCTION OF THE E—MAIL to the American Dream when he was awarded with House Speaker Newt Gingrich. He was USER PROTECTION ACT a 4-year scholarship to Columbia University. the sponsor of H.R. 2020, the Medicaid Com- There he was deeply influenced by a faculty munity Attendant Services Act, which would HON. GENE GREEN that included John Dewey, who would become have made a greater amount of attendant OF TEXAS Franklin Roosevelt's ``Brain Trust''. Nat dedi- services benefits payable under the Medicaid IN THE HOUSE OF REPRESENTATIVES cated himself to education and to two emerg- program. She had a long and wide-ranging ing social issues, civil rights and women's discussion with the Speaker and his staffÐ Monday, May 24, 1999 rights. He graduated Phi Beta Kappa in 1927. about her life, about the Speaker's bill, and, Mr. GREEN of Texas. Mr. Speaker, the Nat began his career as a printing salesman most importantly, about how important it was internet is a communications medium that has with Lincoln Graphic Arts, becoming an expert to stop government programs from being such significantly impacted our day-to-day lives. in direct mail marketing. In the 1930's he a barrier to work and dignity for persons with With the click of a button you can do just served in the civil rights movement, volun- disabilities. The Speaker himself remarked to about anything. You can write to your family teering in Alabama in the midst of the infa- me on several occasions about Ms. Caudill's and friends. You can purchase clothes and mous ``Scottsboro Boys Case''. There he vigor and determination, and what an inspira- groceries. You can even listen to music and would meet Johnnie West, who served as a tion she was. watch videos. There is no doubt that the inter- war correspondent during World War II. They With her advice, I was privileged to add my net has become one of our civilizations most were married for 55 years until her passing. name as a cosponsor to H.R. 2020, which had important innovations. Mr. Speaker, Nat's second career started in 76 cosponsors at the close of the 105th Con- Unfortunately with these advancements 1967 when he started teaching Direct Mar- gress. And in this Congress, I am honored to come problems. One of the largest problems keting at New York University. Under his lead- be one of 163 cosponsors of a similar meas- to face the internet is unsolicited bulk e-mail or ership, the New York University Center for Di- ure introduced by the gentleman from New spam. Today, I am introducing the E-Mail User rect Marketing was born and is now consid- York, Mr. LAZIO, which is H.R. 1180, the Work Protection Act. Spam is a problem. It takes E1070 CONGRESSIONAL RECORD — Extensions of Remarks May 24, 1999 both time and money to wade through and de- AN ISSUE OF FUNDAMENTAL has endangered our servicewomen's lives for lete these unsolicited messages. It is a prob- FAIRNESS far too long. It is unfortunate that the full com- lem which everyone agrees needs to be ad- mittee did not follow the subcommittee's direc- dressed immediately. This legislation attacks HON. LORETTA SANCHEZ tion. the problem by making the tools used fraudu- OF CALIFORNIA The Department of Defense, the American lently by spammers. IN THE HOUSE OF REPRESENTATIVES Public Health Association, the American Med- First, my legislation makes it illegal to falsify Monday, May 24, 1999 ical Women's Association, the American Col- any identifying information such as e-mail ad- Ms. SANCHEZ. Mr. Speaker, I rise today to lege of Obstetricians and Gynecologists, and dresses or routing information. Second, this report to my colleagues the actions of the the Planned Parenthood Federation of Amer- bill makes it illegal for a spammer to mis- House Armed Services Committee. I regret ica have all indicated their support for the sub- appropriate or take over an unsuspecting per- the Committee's failure to follow the rec- committee's decision. son's e-mail account to spam others by sub- ommendations of the Military Personnel Sub- If we are to attract the best and brightest of jecting the spammer to either a stiff financial committee to repeal the statutory prohibition our nation's young people to our Armed penalty and/or possible jail time. Third, the on abortions in overseas military hospitals and legislation also requires spammers, upon the Forces we must act to restore this funda- restore the law to what it was for many years. mental right. We cannot expect to attain our request of an individual, to remove them from If enacted, women stationed overseas would their spam. Fourth, my bill makes it illegal to readiness and recruitment goals when poten- be permitted to use their own funds to obtain tial soldiers know they will not have the same create, use, or distribute software that is pri- abortion services. No federal funds would marily designed to falsify e-mail identifying in- right to access to health care when they are have been used and health care professionals stationed overseas. formation. Fifth, any violations of these provi- who are opposed to performing abortions as a sions incurs a fine of either $50 per violating matter of conscience or moral principle would It is our responsibility to restore the right of message or up to $10,000 a day the violation not be required to do so. freedom of choice to women serving overseas continues. This is an issue of fundamental fairness. in our nation's Armed Forces. Members of the This is an excellent solution to the spam Servicewomen and military dependents sta- military and their families already give up problem. The E-Mail User Protection Act of tioned abroad do not expect special treatment, many freedoms and risk their lives to defend 1999 will start to weed out fraudulent spam only the right to receive the same legally pro- our country. They should not have to sacrifice and eliminate any hassle to internet users. By tected medical services that women in the their privacy, their health or their basic con- this, we will help to continue the growth, pros- United States receive. We had the opportunity stitutional rights because of a policy with no perity, and innovation of the internet. to finally put a stop to the misguided law that valid military purpose. CONGRESSIONAL RECORD — Extensions of Remarks E1071 SENATE COMMITTEE MEETINGS Banking, Housing, and Urban Affairs Energy and Natural Resources Securities Subcommittee To hold hearings on the nomination of Title IV of Senate Resolution 4, To hold hearings to examine the private David L. Goldwyn, of the District of agreed to by the Senate on February 4, sector’s voluntary corporate bond price Columbia to be an Assistant Secretary 1977, calls for establishment of a sys- transparency initiative coordinated by of Energy (International Affairs); and tem for a computerized schedule of all the Bond Market Association (Cor- the nomination of James B. Lewis, of meetings and hearings of Senate com- porate Trades 1). New Mexico, to be Director of the Of- mittees, subcommittees, joint commit- SD–538 fice of Minority Economic Impact, De- tees, and committees of conference. Foreign Relations partment of Energy. To hold hearings to examine a protocol SD–366 This title requires all such committees to reconstitute the Anti-Ballistic Mis- to notify the Office of the Senate Daily Judiciary sile (ABM) Treaty with four new part- Business meeting to markup S. 467, to re- Digest—designated by the Rules com- ners. state and improve section 7A of the SD–562 mittee—of the time, place, and purpose Clayton Act; and S. 606, for the relief of 2 p.m. of the meetings, when scheduled, and Global Exploration and Development Commerce, Science, and Transportation any cancellations or changes in the Corporation, Kerr-Mcgee Corporation, meetings as they occur. To hold oversight hearings on activities of the Federal Communications Com- and Ker-Mcgee Chemical, LLC (suc- As an additional procedure along mission. cessor to Kerr-McGee Chemical Cor- with the computerization of this infor- SR–253 poration). mation, the Office of the Senate Daily Intelligence SD–226 Digest will prepare this information for To hold closed hearings on pending intel- Foreign Relations printing in the Extensions of Remarks ligence matters. East Asian and Pacific Affairs Sub- committee section of the CONGRESSIONAL RECORD SH–219 To hold hearings to examine the Chinese on Monday and Wednesday of each Governmental Affairs International Security, Proliferation and Embassy bombing and its effects on week. Federal Services Subcommittee United States-China relations. Meetings scheduled for Tuesday, May To hold hearings on the report of the SD–562 25, 1999 may be found in the Daily Di- House Select Committee on United Health, Education, Labor, and Pensions gest of today’s RECORD. States National Security and Military/ To hold hearings on proposed legislation Commercial concerns with the People’s authorizing funds for the National En- MEETINGS SCHEDULED Republic of China. dowment for the Arts. SD–342 SD–628 MAY 26 Judiciary 10:30 a.m. Constitution, Federalism, and Property Environment and Public Works 9 a.m. Rights Subcommittee Fisheries, Wildlife, and Drinking Water Agriculture, Nutrition, and Forestry Business meeting to consider pending Subcommittee To hold hearings to examine the live calendar business. To hold hearings on S. 1100, to amend the stock industry, including mandatory SD–226 Endangered Species Act of 1973 to pro- pricing and country of origin labeling; 2:30 p.m. vide that the designation of critical and to hold a business meeting to con- Energy and Natural Resources habitat for endangered and threatened sider S. 566, to amend the Agricultural Forests and Public Land Management Sub- species be required as part of the devel- Trade Act of 1978 to exempt agricul- committee opment of recovery plans for those spe- tural commodities, livestock, and To hold hearings on S. 510, to preserve cies. value-added products from unilateral the sovereignty of the United States SD–406 economic sanctions, to prepare for fu- over public lands and acquired lands 2 p.m. ture bilateral and multilateral trade owned by the United States, and to pre- Foreign Relations negotiations affecting United States serve State sovereignty and private To hold hearings on the nomination of agriculture; S. 604, to direct the Sec- property rights in non-Federal lands David B. Sandalow, of the District of retary of Agriculture to complete a surrounding those public lands and ac- Columbia, to be Assistant Secretary of land exchange with Georgia Power quired lands. State for Oceans and International En- Company; and the nomination of SD–366 Thomas J. Erickson, of the District of vironmental and Scientific Affairs; and the nomination of Lawrence Har- Columbia, to be a Commissioner of the MAY 27 rington, of Tennessee, to be United Commodity Futures Trading Commis- 9:30 a.m. sion. States Executive Director of the Inter- Appropriations American Development Bank. SH–216 Business meeting to markup proposed 9:30 a.m. SD–562 legislation making appropriations for Energy and Natural Resources Indian Affairs fiscal year 2000 for Energy and Water To hold oversight hearings on Native Water and Power Subcommittee Development programs, and to markup To hold hearings on S. 623, to amend American Youth Activities and Initia- proposed legislation making appropria- tives. Public Law 89-108 to increase author- tions for fiscal year 2000 for the Depart- ization levels for State and Indian trib- SR–485 ment of Transportation and related al, municipal, rural, and industrial Health, Education, Labor, and Pensions agencies. water supplies, to meet current and fu- Employment, Safety and Training Sub- SD–106 ture water quantity and quality needs committee Agriculture, Nutrition, and Forestry of the Red River Valley, to deauthorize To hold hearings to examine mine safety To hold hearings on S. 935, to amend the and health issues. National Agricultural Research, Exten- certain project features and irrigation SD–628 sion, and Teaching Policy Act of 1977 service areas, to enhance natural re- Environment and Public Works to authorize research to promote the sources and fish and wildlife habitat; S. To hold hearings on S. 1090, to reauthor- conversion of biomass into biobased in- 244, to authorize the construction of ize and amend the Comprehensive En- dustrial products. the Lewis and Clark Rural Water Sys- vironmental Response, Liability, and SR–328A tem and to authorize assistance to the Compensation Act of 1980. 10 a.m. Lewis and Clark Rural Water System, SD–406 Commerce, Science, and Transportation Inc., a nonprofit corporation, for the 10 a.m. To hold hearings on S. 761, to regulate planning and construction of the water Judiciary interstate commerce by electronic supply system; S. 769, to provide a final Immigration Subcommittee means by permitting and encouraging settlement on certain debt owed by the To hold hearings to examine immigrant the continued expansion of electronic city of Dickinson, North Dakota, for contributions to the United States commerce through the operation of the construction of the bascule gates Armed Forces. free market forces. on the Dickinson Dam; S. 1027, to reau- SD–226 SR–253 thorize the participation of the Bureau Finance Finance of Reclamation in the Deschutes Re- To resume hearings on Medicare reform To resume hearings on Medicare reform sources Conservancy; and H.R. 459, to issues, focusing on the work of the Na- issues, focusing on the work of the Na- extend the deadline under the Federal tional Bipartisan Commission on the tional Bipartisan Commission on the Power Act for FERC Project No. 9401, Future of Medicare. Future of Medicare. the Mt. Hope Waterpower Project. SD–215 SD–215 SD–366 E1072 CONGRESSIONAL RECORD — Extensions of Remarks May 24, 1999 2:30 p.m. Indian Affairs JUNE 17 Health, Education, Labor, and Pensions To hold hearings on S. 438, to provide for 9:30 a.m. Aging Subcommittee the settlement of the water rights Commerce, Science, and Transportation To resume hearings on issues relating to claims of the Chippewa Cree Tribe of To hold hearings on mergers and consoli- the Older Americans Act. the Rocky Boy’s Reservation; and S. dations in the communications indus- SD–628 944, to amend Public Law 105–188 to try. provide for the mineral leasing of cer- JUNE 8 SR–253 tain Indian lands in Oklahoma. Environment and Public Works 9:30 a.m. SR–485 To hold hearings on S. 533, to amend the Armed Services 2 p.m. To hold hearings on the nominations of Solid Waste Disposal Act to authorize Energy and Natural Resources local governments and Governors to re- General Eric K. Shinseki, USA, for re- Water and Power Subcommittee appointment to the grade and for ap- strict receipt of out-of-State municipal To hold oversight hearings on the proc- pointment as Chief of Staff, United solid waste; and S. 872, to impose cer- States Army, and Lieutenant General ess to determine the future of the four tain limits on the receipt of out-of- James L. lower Snake River dams and conduct State municipal solid waste, to author- Jones, Jr., USMC, to be general and for ap- oversight on the Northwest Power ize State and local controls over the pointment as Commandant of the Ma- Planning Council’s Framework Proc- flow of municipal solid waste. rine Corps. ess. SD–406 SR–222 SD–366 SEPTEMBER 28 JUNE 9 JUNE 10 9:30 a.m. 9:30 a.m. 9:30 a.m. Veterans Affairs Environment and Public Works Energy and Natural Resources To hold joint hearings with the House Transportation and Infrastructure Sub- To hold oversight hearings on the report Committee on Veterans Affairs to re- committee of the National Recreation Lakes view the legislative recommendations To resume hearings on the implementa- Study Commission. of the American Legion. tion of the Transportation Equity Act SD–366 345 Cannon Building for the 21st century. SD–406 Monday, May 24, 1999 Daily Digest Senate military installations closed or being closed in such Chamber Action nations. Page S5809 Routine Proceedings, pages S5787–S5887 Wellstone Amendment No. 382, to require the Measures Introduced: Eleven bills and four resolu- Secretary of Health and Human Services to provide tions were introduced, as follows: S. 1102–1112, S. Congress with information to evaluate the outcome Res. 105–107, and S. Con. Res. 33. Page S5834 of welfare reform. Page S5809 Department of Defense Authorization: Senate Specter Amendment No. 383, to direct the Presi- began consideration of S. 1059, to authorize appro- dent, pursuant to the United States Constitution and priations for fiscal year 2000 for military activities the War Powers Resolution, to seek approval from of the Department of Defense, for military construc- Congress prior to the introduction of ground troops tion, and for defense activities of the Department of from the United States Armed Forces in connection Energy, to prescribe personnel strengths for such fis- with the present operations against the Federal Re- cal year for the Armed Forces, taking action on the public of Yugoslavia or funding for that operation following amendments proposed thereto: will not be authorized. Page S5809 Pages S5793±S5825 Roth Amendment No. 388, to request the Presi- Adopted: dent to advance the late Rear Admiral (retired) Hus- By a unanimous vote of 90 yeas (Vote No. 141), band E. Kimmel on the retired list of the Navy to Specter (for Landrieu/Specter) Amendment No. 384, the highest grade held as Commander in Chief, to express the sense of Congress regarding the need United States Fleet, during World War II, and to for vigorous prosecution of war crimes, genocide, and advance the late Major General (retired) Walter C. crimes against humanity in the former Republic of Short on the retired list of the Army to the highest Yugoslavia. Pages S5809±17 grade held as Commanding General, Hawaiian De- Pending: partment, during World War II, as was done under Roberts/Warner Amendment No. 377, to express the Officer Personnel Act of 1947 for all other senior the sense of the Senate regarding the legal effect of officers who served in positions of command during the new Strategic Concept of NATO (the document World War II. Pages S5818±25 approved by the Heads of State and Government A unanimous-consent-time agreement was reached participating in the meeting of the North Atlantic providing for further consideration of the bill and Council in Washington, D.C., on April 23 and 24, pending amendments, with votes to occur at 2:15 1999). Pages S5799±S5809 p.m. on certain pending amendments, on Tuesday, Warner Amendment No. 378 (to Amendment May 25, 1999. Page S5886 No. 377), to require the President to submit to the Senate a report containing an analysis of the poten- Messages From the President: Senate received the tial threats facing NATO in the first decade of the following messages from the President of the United next millennium, with particular reference to those States: threats facing a member nation or several member Received on Friday, May 21, 1999 (during the ad- nations where the commitment of NATO forces will journment of the Senate): be ‘‘out of area’’, or beyond the borders of NATO A message from the President of the United States member nations. Page S5800 transmitting, a draft of proposed legislation entitled Wellstone Amendment No. 380, to expand the ‘‘Educational Excellence for All Children Act of list of diseases presumed to be service-connected for 1999;’’ to the Committee on Health, Education, radiation-exposed veterans. Page S5809 Labor, and Pensions. (PM–30). Pages S5825±26 Wellstone Amendment No. 381, to require the Received on today: Secretary of Defense to provide information and A message from the President of the United States technical guidance to certain foreign nations regard- transmitting, a notice relative to the Amended ing environmental contamination at United States Mines Protocol of the Convention on Conventional D573 D574 CONGRESSIONAL RECORD — DAILY DIGEST May 24, 1999 Weapons; to the Committee on Foreign Relations. (PM–31). Pages S5826±27 Committee Meetings A message from the President of the United States (Committees not listed did not meet) transmitting, a notice relative to the Amended Pro- tocol on Prohibitions or Restrictions on the Use of BUSINESS MEETING Mines, Booby-Traps and Other Devices, together Committee on Appropriations: Subcommittee on Defense with its Technical Annex; to the Committee on For- approved for full committee consideration an original eign Relations. (PM–32). Page S5827 bill, making appropriations for fiscal year 2000 for Nominations Received: Senate received the fol- the Department of Defense. lowing nominations: FEDERAL PRISON INDUSTRIES Paul Steven Miller, of California, to be a Member Committee on the Judiciary: Subcommittee on Criminal of the Equal Employment Opportunity Commission Justice Oversight concluded hearings on the Bureau for a term expiring July 1, 2004. (Reappointment) of Prisons oversight of the role and importance of 3 Air Force nominations in the rank of general. the Federal Prison Industries, after receiving testi- 1 Army nomination in the rank of general. mony from Kathleen Hawk Sawyer, Director, Bureau 1 Navy nomination in the rank of admiral. of Prisons, and Chief Executive Officer, Federal Pris- Pages S5886±87 on Industries, Steve Schwalb, Assistant Director, Bu- Nomination Withdrawn: Senate received notifica- reau of Prisons, and Chief Operating Officer, Federal tion of the withdrawal of the following nomination: Prison Industries, and Joseph M. Aragon, Chairman, J. Brian Atwood, of the District of Columbia, to Federal Prison Industries, all of the Department of be Ambassador to Brazil, which was sent to the Sen- Justice; David R. Oliver, Principal Deputy Under ate on January 6, 1999. Page S5887 Secretary of Defense for Acquisition and Technology; Phil W. Glover, Council of Prison Locals, American Messages From the President: Pages S5825±27 Federation of Government Employees, Johnston, Communications: Pages S5827±30 Pennsylvania; and Ann F. Hoffman, Union of Needletrades, Industrial and Textile Employees, Petitions: Pages S5830±34 Washington, D.C. Statements on Introduced Bills: Pages S5834±68 HOME HEALTH CARE ASSESSMENT Additional Cosponsors: Pages S5868±70 Special Committee on Aging: Committee concluded Amendments Submitted: Pages S5876±79 hearings to examine the impact of the Health Care Authority for Committees: Page S5879 Financing Administration’s Outcome and Assessment Information Set on access to home health care, after Additional Statements: Pages S5879±83 receiving testimony from Jeffrey Kang, Director, Of- Text of H.R. 1554, as Previously Passed: fice of Clinical Standards and Quality, Health Care Pages S5883±86 Financing Administration, Department of Health Record Votes: One record vote was taken today. and Human Services; Cynthia L. Kail, Greene Coun- (Total—141) Page S5817 ty Medical Center, Jefferson, Iowa; Kristy Wright, Visiting Nurses Association, Butler, Pennsylvania; Adjournment: Senate convened at 11 a.m., and ad- Judith A. Conlin, Iowa Department of Elder Affairs, journed at 7:33 p.m., until 9:30 a.m., on Tuesday, Des Moines; Peter W. Shaughnessy, University of May 25, 1999. (For Senate’s program, see the re- Colorado Health Sciences Center, Denver; James C. marks of the Acting Majority Leader in today’s Pyles, Washington, D.C., on behalf of the Home Record on page S5886.) Health Services and Staffing Association and the American Psychoanalytic Association; and George Taler, American Academy of Home Care Physicians, Baltimore, Maryland. May 24, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D575 House of Representatives in-State tuition at State colleges and universities out- Chamber Action side the District of Columbia; Pages H3465±69 Bills Introduced: 10 public bills, H.R. 1905–1914; John J. Buchanan Post Office Building: H.R. and 1 resolution, H. Con. Res. 111, were intro- 1377, to designate the facility of the United States duced. Pages H3502±03 Postal Service at 13234 South Baltimore Avenue in Reports Filed: Reports were filed as follows: Chicago, Illinois, as the ‘‘John J. Buchanan Post Of- Filed on May 21, H.R. 1905, making appropria- fice Building’’; Page H3470 tions for the Legislative Branch for the fiscal year Clifford R. Hope Post Office: H.R. 197, to des- ending September 30, 2000 (H. Rept. 106–156); ignate the facility of the United States Postal Service Filed on May 21, H.R. 1906, making appropria- at 410 North 6th Street in Garden City, Kansas, as tions for Agriculture, Rural Development, Food and the ‘‘Clifford R. Hope Post Office’’; Pages H3470±72 Drug Administration, and Related Agencies for the Postal Service Facilities in Chicago, IL: H.R. fiscal year ending September 30, 2000 (H. Rept. 1191, to designate certain facilities of the United 106–157); States Postal Service in Chicago, Illinois; H.R. 974, to establish a program to afford high Pages H3473±74 school graduates from the District of Columbia the Disadvantaged Areas Nursing Relief: H.R. 441, benefits of in-State tuition at State colleges and uni- to amend the Immigration and Nationality Act with versities outside the District of Columbia, amended respect to the requirements for the admission of non- (H. Rept. 106–158 Part 1); immigrant nurses who will practice in health profes- H. Res. 185, providing for consideration of H.R. sional shortage areas; Pages H3474±78 1906, making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Noal Cushing Bateman Post Office Building: Related Agencies for the fiscal year ending Sep- H.R. 1251, to designate the United States Postal tember 30, 2000 (H. Rept. 106–159); Service building located at 8850 South 700 East, H. Res. 186, providing for consideration of H.R. Sandy, Utah, as the ‘‘Noal Cushing Bateman Post 1259, to amend the Congressional Budget Act of Office Building’’ (passed by a yea and nay vote of 362 yeas with none voting ‘‘nay’’, Roll No. 145); 1974 to protect Social Security surpluses through and Pages H3469±70, H3480 strengthened budgetary enforcement mechanisms (H. Rept. 106–160); Postal Service Designations in Philadelphia, H.R. 1833, to authorize appropriations for fiscal PA: H.R. 100, to establish designations for United years 2000 and 2001 for the United States Customs States Postal Service buildings in Philadelphia, Service for drug interdiction and other operations, Pennsylvania (passed by a yea and nay vote of 368 for the Office of the United States Trade Representa- yeas with none voting ‘‘nay’’, Roll No. 146). tive, and for the United States International Trade Pages H3472±73, H3480±81 Commission (H. Rept. 106–161); and Presidential Messages: Read the following mes- H.R. 1401, to authorize appropriations for fiscal sages from the President: years 2000 and 2001 for military activities of the Legislative Proposal on Education: Message re- Department of Defense, to prescribe military per- ceived on May 21, by the Clerk, wherein he trans- sonnel strengths for fiscal years 2000 to 2001 (H. mitted his proposed legislation entitled the ‘‘Edu- Rept. 106–162). Page H3502 cational Excellence for All Children Act of 1999’’— Speaker Pro Tempore: Read a letter from the referred to the Committees on Education and the Speaker wherein he designated Representative Petri Workforce, Armed Services, and Banking and Finan- to act as Speaker pro tempore for today. Page H3463 cial Services and ordered printed (H. Doc. 106–68); and Pages H3478±79 Recess: The House recessed at 12:41 p.m. and re- convened at 2:00 p.m. Page H3464 Prohibitions on the Use of Mines: Message re- ceived on May 24, by the Clerk, wherein he trans- Suspensions: The House agreed to suspend the rules mitted his certification concerning the use of the and pass the following measures: Pursuit Deterrent Munition by the U.S. Armed District of Columbia College Access: H.R. 974, Forces until at least January 1, 2003—referred to the to establish a program to afford high school grad- Committee on International Relations. uates from the District of Columbia the benefits of Pages H3481±82 D576 CONGRESSIONAL RECORD — DAILY DIGEST May 24, 1999 Recess: The House recessed at 3:18 p.m. and recon- sions in an appropriations bill) against provisions in vened at 6:00 p.m. Page H3479 the bill. Amendments: Amendments ordered printed pursu- The rule authorizes the Chair to accord priority in ant to the rule appear on pages H3504–05. recognition to Members who have pre-printed their amendments in the Congressional Record. The rule Quorum Calls—Votes: Two yea and nay votes de- allows the Chairman of the Committee of the Whole veloped during the proceedings of the House today to postpone votes during consideration of the bill, and appear on pages H3480 and H3480–81. There and to reduce voting time to five minutes on a post- were no quorum calls. poned question if the vote follows a fifteen minute Adjournment: The House met at 12:30 p.m. and vote. Finally, the rule provides one motion to recom- adjourned at 9:29 p.m. mit, with or without instructions. Testimony was heard from Representatives Skeen and Kaptur. Committee Meetings f KEY INTERNATIONAL FINANCIAL ISSUES COMMITTEE MEETINGS FOR TUESDAY, Committee on Banking and Financial Services: On May MAY 25, 1999 21, the Committee continued hearings on key inter- (Committee meetings are open unless otherwise indicated) national financial issues. Testimony was heard from public witnesses. Senate Committee on Appropriations: Subcommittee on Energy SALARY OF THE PRESIDENT and Water Development, business meeting, to mark up Committee on Government Reform: Subcommittee on proposed legislation making appropriations for fiscal year Government Management, Information, and Tech- 2000 for energy and water development programs, 10:30 nology held a hearing on the Salary of the President a.m., SD–116. of the United States. Testimony was heard from Subcommittee on Transportation, business meeting to mark up proposed legislation making appropriations for Sharon Gressle, Specialist, American National Gov- fiscal year 2000 for the Department of Transportation and ernment, Congressional Research Service, Library of related agencies, 12 p.m., SD–116. Congress; and public witnesses. Full Committee, business meeting to mark up proposed SOCIAL SECURITY AND MEDICARE SAFE legislation making appropriations for fiscal year 2000 for DEPOSIT BOX ACT the Department of Defense, 2:30 p.m., SH–216. Committee on Energy and Natural Resources: to hold over- Committee on Rules: Granted, by a vote of 7 to 3, a sight hearings on state progress in retail electricity com- closed rule providing 2 hours of debate on H.R. petition, 10 a.m., SD–366. 1259, Social Security and Medicare Safe Deposit Box Subcommittee on National Parks, Historic Preserva- Act of 1999. The rule provides that the bill be con- tion, and Recreation, to hold hearings on S. 140, to es- sidered as read and that the amendment printed in tablish the Thomas Cole National Historic Site in the section 2 of the resolution be considered as adopted. State of New York as an affiliated area of the National Finally, the rule provides one motion to recommit, Park System; S. 734, entitled the ‘‘National Discovery Trails Act of 1999’’; S. 762, to direct the Secretary of the with or without instructions. Testimony was heard Interior to conduct a feasibility study on the inclusion of from Representatives Herger, Shaw and McDermott. the Miami Circle in Biscayne National Park; S. 938, to AGRICULTURE, RURAL DEVELOPMENT, eliminate restrictions on the acquisition of certain land FDA APPROPRIATIONS contiguous to Hawaii Volcanoes National Park; S. 939, to correct spelling errors in the statutory designations of Committee on Rules: Granted, by voice vote, an open Hawaiian National Parks; S. 946, to authorize the Sec- rule providing 1 hour of debate on H.R. 1906, mak- retary of the Interior to transfer administrative jurisdic- ing appropriations for the Agriculture, Rural Devel- tion over land within the boundaries of the Home of opment, Food and Drug Administration, and Re- Franklin D. Roosevelt National Historic Site to the Ar- lated Agencies programs for the fiscal year ending chivist of the United States for the construction of a vis- September 30, 2000. The rule waives clause 4(a) of itor center; and S. 955, to allow the National Park Serv- rule XIII (requiring a 3 day layover of the com- ice to acquire certain land for addition to the Wilderness Battlefield in Virginia, as previously authorized by law, mittee report) and section 306 of the Congressional by purchase or exchange as well as by donation, 2:15 Budget Act (prohibiting consideration of legislation p.m., SD–366. within the Budget Committee’s jurisdiction, unless Committee on Environment and Public Works: to hold hear- reported by the Budget Committee) against consid- ings on S. 1090, to reauthorize and amend the Com- eration of the bill. The rule waives clause 2 of rule prehensive Environmental Response, Liability, and Com- XXI (prohibiting unauthorized and legislative provi- pensation Act of 1980, 10 a.m., SD–406. May 24, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D577

Committee on Finance: to resume oversight hearings on massacre of June 4, 1989, in the People’s Republic of the enforcement activities of the United States Customs China, 9:30 a.m., H–139 Capitol. Service, focusing on commercial operations, 10 a.m., Subcommittee on Africa, hearing on the Ethiopia-Eri- SD–215. trea War: U.S. Policy Options, 2 p.m., 2172 Rayburn. Committee on Foreign Relations: Subcommittee on Near Committee on the Judiciary, Subcommittee on Commer- Eastern and South Asian Affairs, to hold hearings on po- cial and Administrative Law, oversight hearing on Novel litical and military developments in India, 10 a.m., Procedures in FCC License Transfer Proceedings, 10 a.m., SD–562. 2141 Rayburn. Full Committee, to hold hearings to examine issues relat- Subcommittee on the Constitution, to mark up H.R. ing to the Anti-Ballistic Missile Treaty, 2:15 p.m., 1691, Religious Liberty Protection Act of 1999, 11 a.m., SD–562. 2237 Rayburn. Committee on Health, Education, Labor, and Pensions: busi- Committee on Resources, Subcommittee on Energy and ness meeting to consider the Health Information Con- Mineral Resources, hearing on H.R. 1753, (and S. 330), fidentiality Act; S. Con. Res. 28, urging the Congress Methane Hydrate Research and Development Act of and the President to increase funding for the Pell Grant 1999, 2 p.m., 1324 Longworth. Program and existing Campus-Based Aid Programs; the Subcommittee on Forests and Forest Health, oversight nomination of James Roger Angel, of Arizona, to be a hearing on the Role of the National Forests in the Lewis Member of the Board of Trustees of the Barry Goldwater and Clark Bicentennial, 2 p.m., 1334 Longworth. Scholarship and Excellence in Education Foundation; and the nomination of Zalmay Khalilzad, of Maryland, to be Subcommittee on National Parks and Public Lands, a Member of the Board of Directors of the United States oversight hearing on New NPS Methodology used to Institute of Peace, 9:30 a.m., SD–628. evaluate the achievement of natural quiet restoration Committee on the Judiciary: to hold hearings to review standards in Grand Canyon National Park, 10 a.m., 1324 the Library of Congress’ Copyright Office report on dis- Longworth. tance education in the digital environment, 10 a.m., Committee on Rules, to consider the following: H.R. SD–226. 1905, making appropriations for the Legislative Branch Committee on Small Business: to hold hearings relating to for the fiscal year ending September 30, 2000; and H.R. education and business success, 10 a.m., SR–428A. 150, Education Land Grant Act, 5 p.m., H–313 Capitol. Special Committee on the Year 2000 Technology Problem: to Committee on Science, to mark up the following bills: hold hearings to explore individual and community Y2K H.R. 1655, Department of Energy Research, Develop- preparedness, and the media’s role in providing Y2K in- ment, and Demonstration Authorization Act of 1999; formation, 10 a.m., SH–216. H.R. 1656, Department of Energy Commercial Applica- tion of Energy Technology Authorization Act of 1999; House H.R. 1742, Environmental Protection Agency Office of Committee on the Budget, Task Force on Social Security, Research and Development and Science Advisory Board hearing on International Social Security Reform, 12 p.m., Authorization Act of 1999; H.R. 1743, Environmental 210 Cannon. Protection Agency Office of Air and Radiation Authoriza- Committee on Commerce, Subcommittee on Health and tion Act of 1999; and H.R. 1744, National Institute of Environment and the Subcommittee on Oversight and In- Standards and Technology Authorization Act of 1999, vestigations, joint hearing on Y2K and Medical Devices: 9:30 a.m., 2318 Rayburn. Screening for the Y2K Bug, 10 a.m., 2123 Rayburn. Committee on Small Business, to mark up H.R. 1882, Subcommittee on Telecommunications, Trade, and Small Business Review Panel Technical Amendments Act Consumer Practices, hearing on H.R. 850, Security and of 1999, 2 p.m., 2360 Rayburn. Freedom through Encryption (SAFF) Act, 10 a.m., 2322 Subcommittee on Empowerment, hearing on ‘‘Welfare Rayburn. To Work: What Is Working, What Is Next?’’ 10 a.m., Committee on Education and the Workforce, Subcommittee 2360 Rayburn. on Early Childhood, Youth, and Families, hearing on Committee on Ways and Means, Subcommittee on Over- Education Reform: Putting the Needs of Our Children sight, hearing on the impact of complexity in the tax First, 1:30 p.m., 2175 Rayburn. code for individual taxpayers and small businesses, 2 Committee on International Relations, to mark up the fol- p.m., 1100 Longworth. lowing: a measure to authorize the transfer of naval ves- Permanent Select Committee on Intelligence, executive, hear- sels to certain foreign countries; and H. Res. 178, con- ing on Allegations of CIA Involvement in Drug Traf- cerning the tenth anniversary of the Tiananmen Square ficking in California, 1 p.m., H–405 Capitol. D578 CONGRESSIONAL RECORD — DAILY DIGEST May 24, 1999

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Tuesday, May 25 9 a.m., Tuesday, May 25

Senate Chamber House Chamber Program for Tuesday: Senate will continue consider- Program for Tuesday: Consideration of 3 Suspensions: ation of S. 1059, Department of Defense Authorization, (1) S. 249, Missing, Exploited, and Runaway Children with votes to occur at 2:15 p.m. on certain pending Protection Act; amendments. (2) H.R. 1833, Drug Free Borders and Prevention of (Senate will recess from 12:30 p.m. until 2:15 p.m., for On-Line Child Pornography; and their respective party conferences.) (3) H. Res. 178, concerning the 10th Anniversary of the Tianamen Square Massacre; and Consideration of H.R. 1906, Agriculture, Rural Devel- opment, Food and Drug Administration, and Related Agencies Appropriations Act, 2000 (open rule, one hour of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE Hinchey, Maurice D., N.Y., E1063 Petri, Thomas E., Wisc., E1065 Kanjorski, Paul E., Pa., E1066 Pomeroy, Earl, N.D., E1068 Bonior, David E., Mich., E1066 King, Peter T., N.Y., E1068 Sanchez, Loretta, Calif., E1070 Cunningham, Randy ‘‘Duke’’, Calif., E1069 Kingston, Jack, Ga., E1063 Serrano, Jose´ E., N.Y., E1069 DeMint, Jim, S.C., E1068 Lewis, Jerry, Calif., E1065 Smith, Christopher H., N.J., E1064 Dunn, Jennifer, Wash., E1069 Matsui, Robert T., Calif., E1066 Vento, Bruce F., Minn., E1067 Gallegly, Elton, Calif., E1067 Packard, Ron, Calif., E1068 Visclosky, Peter J., Ind., E1063, E1065 Green, Gene, Tex., E1069 Pallone, Frank, Jr., N.J., E1067 Weiner, Anthony D., N.Y., E1063, E1064, E1066

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