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

Vol. 146 WASHINGTON, WEDNESDAY, MARCH 8, 2000 No. 25 Senate The Senate met at 9:30 a.m. and was SCHEDULE ing for weeks now to have debated in called to order by the President pro Mr. GORTON. Mr. President, this the Senate, we can move forward with tempore [Mr. THURMOND]. morning the Senate will begin 1 hour of that bill. We are very hopeful that the debate on the conference report to ac- bill that comes out of conference is one PRAYER company the Federal Aviation Admin- that has the meat of what is needed to The Chaplain, Dr. Lloyd John istration bill. Following that debate, help our high-tech industry and not a Ogilvie, offered the following prayer: the Senate will be in a period of morn- watered-down version of a bill we may Almighty God, we praise You for not ing business until 11:30 a.m. with the not be able to support. making life a courtroom without a time under the control of Senators f judge. We don’t have to judge ourselves BROWNBACK and DURBIN. Following RESERVATION OF LEADER TIME with self-condemnation or others with morning business, the Senate will The PRESIDING OFFICER. Under harshness. You are the judge of our begin consideration of the Export Ad- the previous order, the leadership time lives, the one to whom we must ac- ministration Act with amendments to is reserved. count for our behavior, character, and the bill expected to be offered. As a re- relationships. We expose our private minder, there will be three stacked f and public lives to Your judgment. votes at 5 p.m. The first vote will be on WENDELL H. FORD AVIATION IN- There are no secrets from You. We the conference report to accompany VESTMENT AND REFORM ACT spread out before You the work of this the Federal Aviation Administration FOR THE 21ST CENTURY—CON- Senate and ask You to show us what bill, to be followed by the two cloture FERENCE REPORT You require. This is Your nation. The votes with respect to the Berzon and The PRESIDING OFFICER. Under Senators and all who work for and with Paez nominations. the previous order, the Senate will now them are here by divine appointment. I thank my colleagues for their co- proceed to the consideration of the Your justice and righteousness are our operation. conference report accompanying H.R. mandates. May we see ourselves hon- f 1000 which the clerk will report. estly in the pure white light of Your The legislative clerk read as follows: truth. UNANIMOUS CONSENT REQUEST— S. RES. 237 The committee on conference on the dis- As we stand before You as our judge, agreeing votes of the two Houses on the we view You beside us with mercy and The PRESIDING OFFICER. The Sen- amendment of the Senate to the bill, H.R. within us as perfect peace. Take our ator from Nevada. 1000, have agreed to recommend and do rec- hands, dear Lord. Lead us on so that as Mr. REID. Mr. President, I ask unan- ommend to their respective Houses this re- this day closes and we say our prayers, imous consent the Senate proceed to port, signed by a majority of the conferees. we may have less to confess and more the immediate consideration of S. Res. The PRESIDING OFFICER. Without for which to give thanks. In Your 237, which has been held over under the objection, the Senate will proceed to righteous, all-powerful name. Amen. rule, that the resolution be agreed to, the consideration of the conference re- the preamble be agreed to, and that the f port. motion to reconsider be laid upon the (The conference report is printed in PLEDGE OF ALLEGIANCE table. the House proceedings of the RECORD of The PRESIDING OFFICER. Is there today, March 8, 2000.) The Honorable WAYNE ALLARD, a objection? The PRESIDING OFFICER. Under Senator from the State of Colorado, led Mr. GORTON. I object. the previous order, there will be 60 the Pledge of Allegiance, as follows: The PRESIDING OFFICER. Objec- minutes of debate with 20 minutes I pledge allegiance to the Flag of the tion is heard. under the control of the majority lead- United States of America, and to the Repub- Mr. REID. Mr. President, for the mi- er, 20 minutes under the control of the lic for which it stands, one nation under God, nority, we are grateful that we are now indivisible, with liberty and justice for all. Democratic leader, and 20 minutes at a point where we can move forward under the control of the Senator from f on the FAA bill. It has been held up for New Jersey, Mr. LAUTENBERG. a long time. It is very important to the The Senator from Washington. RECOGNITION OF THE ACTING country, and hopefully by the end of Mr. GORTON. Mr. President, it is MAJORITY LEADER the day we will have the conference re- with great pleasure that I appear here The PRESIDING OFFICER (Mr. AL- port approved. today with my friend and colleague LARD). The Senator from Washington is We also hope, with the export admin- from West Virginia, Senator ROCKE- recognized. istration bill that we have been wait- FELLER, to present to the Senate the

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

S1247

. S1248 CONGRESSIONAL RECORD — SENATE March 8, 2000 conference report on the Federal Avia- bill such as the removal of slot restric- tirelessly on this issue: Aviation sub- tion Administration reauthorization tions at Chicago O’Hare, Washington committee staff, Ann Choiniere, Mike measure. The compromise reached in National, and the two New York air- Reynolds, Sam Whitehorn, and Julia this legislation is not only fair but con- ports. These provisions will improve Krauss ably tended the technical provi- structive. It will provide necessary in- competition, reduce fares, and provide sions of the bill. Wally Burnett with creases especially in capital funds for additional service to small commu- Senator STEVENS, and Cheryle Tucker our aviation infrastructure and does nities. with Senator DOMENICI were vital in provide a reasonable balance with the Another provision which will stimu- negotiations over budgetary issues. needs of that system and our limited late competition and help to bridge the I also thank Jim Sartucci and Keith Federal resources. funding gap that currently exists is an Hennessey from Senator LOTT’s staff I went to the conference committee increase in the cap on the passenger fa- for assisting with the final negotia- on this bill with a unique perspective cility charge. This provision gets to tions. because I sit on the Budget and Appro- the heart of my guiding philosophy, Last but certainly not least are my priations Committees as well as serv- which is to give local officials more de- own staff members. I thank Jeanne ing as the chairman of the Aviation cision-making power. Bumpus for her diligent efforts on the Subcommittee. My duties on these Although I favor an increase in the Death on the High Seas Act, and Brett committees allowed me to see the hard cap on the PFC, I realize that this is Hale, who is with me today, and who choices that must be made to stay just one piece of the puzzle. We must left his name out of these printed re- within our tight budgets. look at the issues of our national avia- marks. He deserves thanks for the hun- The final agreement reached with tion system in a larger context if we dreds and hundreds of hours he has put Chairman SHUSTER in the House en- are going to meet the capacity de- in on this bill from beginning to end. sures the trust fund revenues will be mands of the 21st century. We cannot Finally, as I began, I want to say it used for aviation spending. I joined rely on unlimited federal funding to has been a great pleasure to me to Senator DOMENICI in supporting the solve all of our problems. We must work with my friend from West Vir- Senate position on this issue, a posi- stretch our finite resources as far as OCKEFELLER, whose in- tion that allows for expenditure of ginia, Senator R possible. terest in this subject is very high and these revenues for their intended pur- A prime example of this is the mod- poses without tying the hands of the whose competence in coming up with ernization of the air traffic control sys- correct answers is equally high. Appropriations Committee. That was tem. This process has been ongoing for an integral part of the final passage, This bill is a true partnership, and I more than 15 years. We can no longer have enjoyed working with him on and I commend Senator DOMENICI for allow the program to continue the coming up with these solutions on that his hard work on this issue, together ‘‘stops and starts’’ of the past. Im- with the tremendous contributions we score. provements must get on track, or, as I ask unanimous consent a summary received from Senator STEVENS. the National Civil Aviation Review One issue with which I have some of the major issues included in the Commission warned us, the growing de- FAA conference report be printed in reservations is amending the Death on mand for air services combined with the RECORD. the High Seas Act. I am pleased that outdated equipment will soon bring the resolution amends the statute to There being no objection, the mate- gridlock and serious concerns about rial was ordered to be printed in the bring the anachronistic law more up to safety. RECORD, as follows: date by allowing the recovery of cer- The Federal Aviation Commission tain types of non-economic damages. needs to spare no effort over the next SUMMARY OF MAJOR ISSUES INCLUDED IN THE FAA CONFERENCE REPORT The resolution removes the cap on few years to modernize the air traffic these damages contained in the Senate control system. All of this needs to be LENGTH OF AUTHORIZATION bill. I am also pleased that we have done right, and be done now, to ensure 4 years (2000–2003) except Research title. clearly retained the prohibition on pu- continued safety and efficiency in the AIP AUTHORIZATION nitive damages, which are not designed aviation industry. $2.475 billion in 2000. to compensate and which are so often Reforming the way in which the Fed- $3.2 billion in 2001. abused. I think the resolution is good $3.3 billion in 2002. eral Aviation Administration does $3.4 billion in 2003. insofar as it reflects the Senate ap- business, and ensuring it is as efficient proach of keeping most aviation acci- as possible, is a positive first step. This F&E AUTHORIZATION dents on the high seas within the stat- bill contains provisions, which I $2.68 billion in 2000. $2.66 billion in 2001. ute, thereby providing some semblance worked on with Senator ROCKEFELLER, $2.799 billion in 2002. of certainty and uniformity. I have res- to move the Federal Aviation Adminis- $2.981 billion in 2003. ervations, however, about the change tration in the direction of being a more FAA OPERATIONS demanded by the House conferees business-like entity. Positive reforms, $6.6 billion in 2001. retroactively to change, from three to not just increased funding, are integral $6.886 billion in 2002. twelve nautical miles, the distance to achieving our goal. $7.357 billion in 2003. from the U.S. shore at which the Death Although these reforms are a positive RE&D (3 YEAR AUTHORIZATION) on the High Seas act applies. Those first step, I will continue to explore $224 million in 2000. who have wanted to take commercial other possible options such as $237 million in 2001. aviation accident cases on the high corporatization of the air traffic con- $249 million in 2002. seas out of DOHSA altogether have ar- trol system as the 2nd session of the PASSENGER FACILITY CHARGE (PFC) gued that this will cure the unfairness 106th Congress continues. I believe we House provision, but would allow FAA to of different recoveries based on the can learn from the work of countries approve a PFC only up to $4.50. Basically, it chance of the accident happening over such as Canada, New Zealand, and Aus- increases PFCs by $1.50. Medium or large hub land or over the high seas. I have tralia, which have moved to privately airports charging the higher PFC must give strongly disagreed with that propo- run systems. The concerns of general back 75% of their entitlement. sition. Eliminating DOHSA leaves you aviation will be of paramount impor- AIRLINE CUSTOMER SERVICE with a dizzying array of State, Federal, tance to me as this debate continues, Plans to be submitted to DOT which in foreign, or perhaps, no, law about and I welcome the input of all inter- turn transmits a copy to the authorizing which lawyers can fight endlessly, fur- ested parties. committees. DOTIG to monitor the imple- ther postponing recovery. I trust those In summary, this agreement will mentation of each plan, evaluate and report who have demanded that we complicate allow both sides to reach our common on how each airline is living up to its com- the federal law retroactively to take goal, which is to ensure that we con- mitment. DOT IG status report due to Con- gress on 6/15/00 and final report due 12/31/00. TWA Flight 800 litigation out of the tinue to have the safest, most efficient Directs DOT to initiate a rulemaking within coverage of DOHSA have fully consid- aviation system well into the 21st cen- 30 days of enactment to increase the domes- ered the effects of that change. tury. tic baggage liability limit; penalty for viola- My concerns with this issue are bal- I would like to take a minute to tions of aviation consumer laws and regula- anced with the positive aspects of this thank the Senate staff who worked tions are increased from $1100 to $2500 per March 8, 2000 CONGRESSIONAL RECORD — SENATE S1249 violation; GAO directed to study ‘‘hidden Exemptions are only for Stage 3 aircraft. animals in its monthly consumer reports or city’’ and ‘‘back to back’’ ticketing. The General Provisions other similar publications. In the meantime, DOT is directed to work Conference also added a reference preventing Same as described above for New York. discrimination against the handicapped as with the airlines to improve the training of one of the responsibilities of the DOT con- SLOTS AND THE PERIMETER RULE AT REAGAN employees so that (1) they will be better able sumer office. The DOTIG final report will NATIONAL to ensure the safety of animals being flown also include a comparison of the customer DOT is directed is grant 12 slot exemptions and (2) they will be better able to explain to service of airlines that submitted plans to within the perimeter, and 12 slot exemptions passengers the conditions under which their DOT with those that did not submit such outside the perimeter. These slots could go pets are being carried. People should know plans. to more than one airline. that their pets might be in a cargo hold that Exemptions must be for flights between 7 COMMISSION TO ENSURE CONSUMER INFORMA- may not be air-conditioned or may differ a.m. and 10 p.m. There can be no more than TION AND CHOICE IN THE AIRLINE INDUSTRY from the passenger cabin in other respects. 2 additional flights per hour. (TRAVEL AGENTS) NATIONAL PARKS OVERFLIGHTS Of the flights within the perimeter, 4 must Commercial air tour operators must con- Establishes a commission to study the fi- be to small hubs or non-hubs and 8 must be duct commercial air tours over national nancial condition of travel agents, especially to medium, small or non-hubs. All requests parks or tribal lands in accordance with ap- small travel agents. The Commission should for exemptions must be submitted within 30 plicable air tour management plans (ATMP). study whether the financial condition of days of enactment. 15 days are allowed to Before beginning air tours over a National travel agents is declining, what effects this comment. After that, 45 days are allowed for Park or tribal land, a tour operator must will have on consumers, if any, and what, if DOT to make a decision. apply to the FAA for the authority to con- anything, should be done about it. Ten percent of the entitlement money at duct tours. No applications shall be approved SLOTS IN NEW YORK Reagan National Airport must go to noise until an ATMP is developed and imple- New York specific provisions abatement. Priority shall be given to appli- mented. FAA shall make every effort to act cations from the 4 slot-controlled airports Slot restrictions are eliminated after Jan- on an application within 24 months of receiv- for noise set-aside money. DOT shall do a uary 1, 2007. ing it. Priority shall be given to applications In the interim, DOT is directed to provide study comparing noise at these 4 airports from new entrant air tour operators. Air exemptions to any airline flying to the 2 New now as compared to 10 years ago. tours may be conducted at a park without an York airports if it will use aircraft with 70 The definition of limited incumbent air ATMP if the tour operator secures a letter of seats or less and will (1) provide service to a carrier includes slots and slot exemptions agreement from the FAA and the park in- small hub or non-hub that it did not pre- held or operated by that carrier. However, volved and the total number of flights is lim- viously serve, (2) provide additional flights slots that are on a long-term lease for a pe- ited to 5 flights in a 30 day period. riod of 10 years or more, being used for inter- to a small hub or non-hub that it currently FAA in cooperation with the Park Service national service, and that the current holder serves, or (3) provide service with a regional shall establish an ATMP for any park at releases and renounces any right to subject jet to a small hub or a non-hub as a replace- which someone wants to provide commercial to the terms of the lease shall not be counted ment for a prop plane. air tours. The ATMP shall be developed with DOT is directed to grant exemptions to as slots either held or operated for the pur- public participation. It could ban air tours or new entrant and limited incumbents for poses of determining whether the holder is a establish restrictions on them. It will apply service to New York. limited incumbent. within a half a mile outside the boundary of Exemptions are only for Stage 3 aircraft. Exemptions are only for Stage 3 aircraft. the park. The plan should include incentives General Provisions MWAA to use quiet aircraft. DOT must act on slot exemption requests Extends the deadline for reauthorizing Prior to the establishment of the ATMP, within 60 days. Exemptions may not be MWAA from 2001 to 2004. Also eliminates the the FAA shall grant interim authority to op- bought, sold, leased or otherwise transferred. requirement that the additional federal Di- erators that are providing air tours. This in- For purposes of determining whether an air- rectors be appointed before MWAA can re- terim authority may limit the number of line qualifies as a new entrant or limited in- ceive AIP grants or impose a new PFC. flights. Interim operating authority may cumbents for receiving slot exemptions, DOT DOHSA also be granted for new entrants if (1) it is shall count the slots and slot exemptions of needed to ensure competition in the provi- The territorial sea for aviation accidents is both that airline and any other airline that sion of air tours over the park and (2) 24 extended from 3 nautical miles to 12 nautical it has a code-share agreement at that air- months have passed since enactment of this miles. The affect of this is that DOHSA will port. The maximum number of slots or slot Act and no ATMP has been developed for the not apply to planes that crash into the ocean exemptions that an airline can have and still park involved. Interim operating authority within 12 miles from the shore of the U.S. qualify as limited incumbent is raised from should not be granted to new entrants if it The law governing accidents that occur be- 12 to 20. will create a safety or a noise problem. tween a 3 nautical miles and 12 nautical The above shall not apply to the Grand SLOTS AT CHICAGO O’HARE miles from land will be the same as those Canyon, tribal lands abutting the Grand Chicago specific provisions that now occur less than 3 nautical miles Canyon, or to flights over Lake Mead that In addition, slot restrictions at Chicago from the land. are on the way to the Grand Canyon. are eliminated after July 1, 2002. For those aviation accidents that occur FAA shall establish standards for quiet On July 1, 2001, slot restrictions will apply more than 12 miles form land, the DOHSA aircraft within 1 year or explain to Congress only between 2:45 pm and 8:14 pm. DOT is di- will continue to apply. However, in those why it will be unable to do so. Quiet aircraft rected to provide exemptions from the slot cases, the Act is modified as in the Senate may get special routes for Grand Canyon air rules to any airline flying to Chicago O’Hare bill except that there is no $750,000 cap on tours and may not be subject to the cap on airport if it will use aircraft with 70 seats or damages. the number of flights there. less and will (1) provide service to a small UNRULY PASSENGER Air tours over the Rocky Mountain Na- hub or non-hub that it did not previously Imposes fine of $25,000 on a person who as- tional Park are prohibited. serve, (2) provide additional flights to a saults or threatens to assault the crew or an- small hub or non-hub that it currently The PRESIDING OFFICER. The Sen- other passenger, or poses a threat to the serves, or (3) provide service with a regional ator from West Virginia. safety of the aircraft or its passengers. Also jet to a small hub or non-hub as a replace- Mr. ROCKEFELLER. Mr. President, requires the Justice Department to notify ment for a prop plane. the words of my friend from the State the House and Senate authorizing Commit- DOT is also directed to grant 30 slot ex- tees within 90 days as to whether it plans to of Washington are not justified except emptions to new entrants and limited incum- set up the program to deputize local law en- if they are returned to him and to his bents for service to Chicago. These new en- forcement. staff. trant exemptions must be granted within 45 The process of working legislation is days. ANIMAL TRANSPORTATION Slots will not longer be needed in order to Modifies the Senate provision to ensure extraordinary. This has been a very provide international service at O’Hare. that airlines will continue to be able to long process, more or less a 2-year However, the Secretary may limit access in carry animals while information is collected process. Working with Senator SLADE those cases where the foreign country in- to determine whether there is a problem that GORTON from the State of Washington volved does not provide the same kind of warrants strong legislative remedies. Toward over the years has been a great privi- open access for U.S. airlines. DOT is prohib- this end, scheduled airlines will be required lege for me and continues on this bill, ited from withdrawing slots from U.S. air- to provide monthly reports to DOT describ- which is the Wendell H. Ford Aviation lines in order to give them to foreign air- ing any incidents involving animals that Investment and Reform Act for the 21st lines. Any slot previously withdrawn from they carry. U.S. airlines and given to a foreign airline DOT and the Department of Agriculture Century, which is a long title, but we must be returned to the U.S. airline. Slots must enter into a MOU to ensure that DOA had to give it a long title in order to be held by U.S. airlines to provide international receives this information. DOT must publish able to give it an acronym, which is service can be converted to domestic use. data on incidents and complaints involving FAIR–21. FAIR, that is what the bill is. S1250 CONGRESSIONAL RECORD — SENATE March 8, 2000 Wendell Ford, should he be listening, be, somewhere in this world, a major ever. I know few problems receive that should be very proud. airplane crash every 7 to 10 days. That kind of boost unless the Congress per- We have had half a dozen temporary is the course. It is a terrible course, a ceives there is a crisis. What we extensions on this bill. It has been 2 dangerous course, and one which this learned over recent years about avia- years in the making. When Senator Congress cannot allow to go on and tion was that a crisis was coming. I am GORTON talks about the enormous which this Congress, in fact, with this thankful we have the foresight to take number of hours spent by Sam bill, does a great deal about. action now. Whitehorn of the committee staff, We have fallen behind. Unless we get To move beyond the funding issue for Kerry Ates of my own staff, and mem- started immediately in the effort to a moment, I want to point out a few of bers of his own committee and personal modernize our air traffic control sys- the key aviation law and policy staff, he is exactly right. It has been an tem, to fix our airports, we stand a changes contained in this bill which I extraordinary and frustrating process very good chance of never being able to think are very helpful and good: but a successful one. catch up, never catching up to the Whistle-blower protection for avia- There are many Members of the Sen- curve, much less getting ahead of it. tion and airline employees who report ate and the House to thank. It was one That is fundamentally what this bill, safety problems; of those situations where you had the FAIR–21, is about. A $1.50 increase on the cap of the pas- authorizing committees, the budget It is about fixing the system. It is senger facility charge for airport committees, the appropriations com- about trying to get ahead of the projects, which is enormously helpful mittees, in both Houses, coming to an growth curve with our most significant to local airports; agreement—which is very rare in some- increase ever in airport and air traffic An Air Service Development Pro- thing of this sort, and all in a fairly control funding, and some fundamental gram, with grants up to $500,000 each short period of time. Frankly, includ- reforms in the way we do business in for innovative efforts to improve air ing obviously Senator GORTON, I think our system. It is about improving safe- service in small communities; in other I really want to thank the majority ty and service for the traveling public words, small communities can do leader, Senator TRENT LOTT, for step- and supporting aviation employees something and get a match; ping in in a most remarkable way, under great stress in their challenging A ban on smoking everywhere, even most forcefully, at a critical time, to jobs. Senator GORTON and I have each internationally; bring the parties together and make seen that on many occasions. These Easing of the slots rule at O’Hare, sure we pushed toward a solution. people work under incredible tension LaGuardia, and Kennedy Airports. This In the end, I think we have achieved all the time. They work with very old carries with it some controversy. Com- a bipartisan House-Senate compromise equipment. promises were made. Not everybody of which I, for one at least, am very It is about increasing competition. It was happy. But resolution was reached; proud. We have a final bill that will set is about giving a leg up, finally, to New criminal background checks and us on an entirely new path in terms of small communities such as I have in training for airport security personnel the FAA, and in a larger sense for avia- my State, as does Senator GORTON, as as the pressure on all of that continues tion in this country, which has enor- does every Senator in his or her to increase; mous impact. For the aviation commu- State—small communities that were Increased funding for the essential nity, and those of us who work with left behind when we did airline deregu- air service program is enormously im- them—and I thank them for their help lation 20 years ago. portant in my State of West Virginia on this bill, also; not all of them being So, FAIR–21, this bill, will provide and every single area where there are happy about all aspects of it, but that $40 billion for the FAA in fiscal year rural airports. The State of the Pre- is in the nature of things—hopefully 2001 until fiscal year 2003. It is a 25-per- siding Officer has its fair share of this good economic news, of the pas- cent increase in total aviation funding. those; sage of this bill, is, however, entirely The key investments will be fixing Finally, new and increased penalties overshadowed by fear that most of us aviation infrastructure, to wit, airport for airline customer service violations. have about the state of our system as funding will increase by 33 percent, and That goes along with the effort Sen- it is now, of our aviation system par- air traffic control modernization fund- ator GORTON and I led to have a pas- ticularly in regard to air traffic control ing will increase by 40 percent. That is senger bill of rights, which the airlines and other matters in our infrastruc- so desperately needed. FAA funding op- could have first crack at, which seems ture. erations will also increase by approxi- to be working out very well but, on the At current levels, our system is al- mately 15 percent over the same pe- other hand, we are watching very ready so overburdened we are suffo- riod. We are beginning to nudge into closely. cating from congestion and delays. The the area to start fixing our problems. We have had a lot of time to work on country suffers through it. Is there a This bill represents the will of the this bill and, in my view, it has gotten popular uprising? There does not seem Congress, hopefully, and the will of the better and better during the process to be one. But the fact is, it is a suffo- American people, to take a dangerous and reached a crescendo in the last sev- cating situation, a dangerous situa- situation and start to fix it. For the eral days. It is a bold conference report tion. We are increasingly concerned very first time, FAIR–21 establishes designed to protect our future. I hope about safety, with every single reason that all revenues and interest paid into my colleagues will join me and the to be, given the doubling of the number the aviation trust fund by airline pas- Senator from the State of Washington of air passengers and many more cargo sengers, lo and behold, will be spent on in sending this bill to the President. planes and passenger planes to be built aviation. That seems quite fair to me. So much of the work is done not just in the future. Whatever you see today, That means that $33 billion of the $40 by Senators willing to compromise and try to double it in your mind and then billion will be guaranteed from the House Members willing to compromise figure the same number of runways. trust fund, not taken off-budget, which but, most importantly, by staff who How on Earth are people going to ac- this Senator would have liked to have worked through the night often to cept a situation where delays are grow- seen but was not going to happen; so make sure things came out very well. ing longer and it becomes more dan- not taken off-budget but protected When we began the effort to enact gerous unless we do something about through points of order and with a meaningful legislation to address the it? This bill does. Delays have in- strong commitment from the Appro- needs of our air transportation system, creased by 50 percent. Today, one in priations Committee to fully fund all we knew it would be a difficult process. four flights is delayed more than 15 accounts. This was part of the magic of Even anticipating that, I can tell you minutes. That is not what passengers the process that Senator TRENT LOTT, that it has been more difficult than want. That is not what airlines want. Senator GORTON, and others worked any of us could have imagined. To be very blunt about it, if there is out to make people satisfied. This bill has been more than two no change in the way we are doing All told, this represents—and my col- years in the making, with nearly a business, we will come to a situation leagues should hear this—the biggest half-dozen temporary extensions in the before the year 2015 where there will total increase in aviation investments process. There are many Members in March 8, 2000 CONGRESSIONAL RECORD — SENATE S1251 the Senate and House to thank for all the system and trying to get ahead of better and better. It is a bold con- of the hard work and effort it took to the growth curve—with our most sig- ference report designed to protect our bring this to a conclusion. Members on nificant increase ever in airport and air future, and I hope my colleagues will and off the conference committee have traffic control funding and some funda- join me in sending it on to the Presi- really rolled up their sleeves to work mental reforms of our system. dent for his signature. out a very difficult compromise. And And it’s about improving safety and Before we end the debate this morn- above all others, the majority leader service for the traveling public; sup- ing, I want to say a few things. Again, stepped in during these critical and porting aviation employees in chal- all of the staff from the Commerce delicate last few months to push us to- lenging jobs, increasing competition, Committee, my office, the offices of ward a final solution. and giving a leg up finally to small the other conferees, and the House In the end, we’ve achieved a bipar- communities who were left behind in staff, deserve our thanks. They spent airline deregulation twenty years ago. tisan, House-Senate compromise that I months working on this bill. In fact, FAIR–21 will provide $40 billion for am very proud of. We have a final bill this bill was started almost 2 years that I believe will set us on an entirely the FAA for FY 2001–2003—a 25 percent increase in total aviation funding. The ago. Countless hours, late nights, lots new path for the FAA and aviation. of missed family events. We owe all of Aviation in this country is at a cross- key investments will be fixing aviation infrastructure—airport funding will in- them our thanks. roads. Aviation is a critical engine of I also want to thank, and I know Sen- economic development at the national crease by 33 percent and air traffic con- trol modernization funding will in- ator HOLLINGS and others share this, and local levels, and it has the poten- Hans Ephramson-Abt. Many of you tial for unprecedented and incompre- crease by 40 percent. FAA operations funding also will increase, by approxi- probably have encountered him. He is a hensive growth over the next decade. gentleman, first and foremost, who has The travel and tourism industry em- mately 15 percent over the same pe- riod. worked for years to help the families of ploys 1 in 17 Americans. victims of aviation disasters. The con- Air travelers spend over $500 billion For the first time, FAIR–21 estab- lishes that all revenues and interest ference report changes the liability each year in the U.S. and generate laws for accidents offshore, preserving more than $70 billion in federal, state paid into the aviation trust fund by airline passengers will be spent on the ability of people like the children and local taxes. of Montoursville, PA, who vanished in Aviation is the only U.S. industry aviation. That means that $33 billion of the TWA flight 800 tragedy. Hans lost that has consistently enjoyed a posi- the $40 billion bill will be guaranteed his daughter, Alice, on KAL 007, shot tive trade balance. from the trust fund—not taken off- down off of Korea in September 1983. By 2009, enplanements are projected budget but protected through points of He has done a great service in helping to increase to 1 billion people, from 650 order and with a strong commitment others, and for that we all owe him a million in 1999. from the Appropriations Committee to debt of gratitude. In many respects this is good news— fully fund all accounts. The remaining it is one of the great success stories of $6.7 billion would come from the Gen- Finally, I want to say that we have our booming economy. Yet, for the eral Fund, subject to appropriations. had a long debate over the last several For fiscal year 2001, the bill fully aviation community and those of us years about FAA reform. For now, that meets the President’s budget request who work with them, this good news is issue has been resolved. Over the next for FAA operations and air traffic con- entirely overshadowed by fears about several years, working with Adminis- trol equipment, and it exceeds the trator Garvey, or her successor, we will the state of our system. At current President’s budget request for AIP by traffic levels, our system is already so look at other ways to improve the $1.2 billion. FAA. Today, the bill before you does overburdened that we are suffocating All told this represents the biggest from congestion and delays, and we are many creative things for the FAA—giv- total increase in aviation investments ing it the tools to be more business- increasingly concerned about safety. ever. I know that few programs receive Almost every week, another red flag like, but retaining its crucial role as that kind of boost—unless a crisis ex- safety arbiter. The bill, for example, goes up about the looming crisis in ists. What we have learned about avia- aviation. gives the FAA the ability to enter into tion is that a crisis is coming. And I’m long-term leases for satellite commu- Scheduled flying times have in- thankful we have the foresight to take creased 75 percent on the top 200 routes nications services, something that will action now. save the FAA money. It establishes a in the nation. To move beyond the funding issue for public-private funding mechanism to Delays have increased by 50 percent, a moment, let me also highlight a few expedite the installation of air traffic and today one in four flights is delayed of the key aviation law and policy control equipment, with the priorities more than 15 minutes, at a cost to the changes contained in this bill that I set by the private sector. It structures economy of more than $4 billion. think are particularly important. I am the FAA after corporate models, estab- Recent data shows a rise in runway very pleased that the bill contains: lishing one person to be accountable incidents (so-called runway incur- whistleblower protection for airline sions), and we read too often about and aviation employees who report for air traffic control operations and near-misses in the skies. safety problems; a $1.50 increase in the plans. It establishes a Board to oversee If there is no change in the current cap on the passenger facility charge for those activities. The FAA, because of accident rate before the year 2015, airport projects; an Air Service Devel- actions led by the Commerce Com- there is expected to be a major airline opment program, with grants of up to mittee and Senator LAUTENBERG, today accident somewhere in the world every $500,000 each for innovative efforts to has procurement and personnel flexi- 7–10 days. improve air service in small commu- bility that no other governmental Yet, from 1998 to 1999, the FAA had nities; a ban on smoking on all flights agency has. We have achieved a lot to reduce safety inspections by 10 per- to and from the U.S., including inter- over the last several years, and with cent and cut 5 percent of its security national flights; an easing of the slot this bill, continue to make progressive staff. rules at O’Hare, LaGuardia and Ken- changes to the FAA, without compro- All of us—the airlines, the airports, nedy Airports; a focus on reducing the mising safety. I know that there are and the Congress—have had a difficult number of runway incursions that can some in the Administration that are time keeping up with the pace of result in serious accidents; new crimi- not satisfied, and probably will never growth. The result is that, as a nation, nal background checks and training for be satisfied, but this is a good bill and we’ve fallen behind. Unless we get airport security personnel; increased one that will do a lot for our aviation started immediately in the effort to funding for the Essential Air Service system. I urge my colleagues to fully modernize our traffic control system program; and new and increased pen- support this bill. and fix our airports, we may never alties for airline’s customer service I ask unanimous consent that a more catch up. violations. complete listing of staff who spent That’s fundamentally what this bill, We have had a lot of time to work on months working on this bill be printed FAIR–21, is all about. It’s about fixing this bill, and in my view it has gotten in the RECORD. S1252 CONGRESSIONAL RECORD — SENATE March 8, 2000 There being no objection, the mate- the chairman of the Senate Appropria- Our Nation’s airports will be receiv- rial was ordered to be printed in the tions Committee. Senator STEVENS has ing additional funds for their capital RECORD, as follows: played a key role in reaching an agree- needs under this legislation. I know DEMOCRATIC STAFF ment on spending. that these funds are much needed and Kevin Kayes, Moses Boyd, Sam Whitehorn, The phase-out of the slot rule at will be put to good use. Iowa’s airports Ellen Doneski, Julia Krauss, Jonathan O’Hare and LaGuardia will open a new have rehabilitation and expansion Oakman, and Carl Bentzel. era in aviation. Because it is a phase- plans that will be enhanced by these REPUBLICAN STAFF out and not an immediate termination, additional funds. This includes in- Mike Reynolds, Ann Choiniere, Scott that era should also give smaller air- creased disbursements from the Air- Verstandig, Jim Sartucci, Keith Hennesy, ports a better chance for a piece of the ports and Airways Trust Fund and the Brett Hale. economic pie at the national and inter- increase in the passenger facility BUDGET STAFF national levels. charge, PFC. It is important to note Bill Hoagland, Cheryl Tucker, and Mitch While e-commerce may be all the that the PFC will not increase at an Warren. rage currently, people still need to airport until local authorities have ap- APPROPRIATIONS STAFF travel for business purposes. Direct proved an increase. It is entirely with- Wally Burnett and Peter Rogoff. human contact is still the premium in their realm to grant or deny this in- way to do business, and air travel is HOUSE REPUBLICAN STAFF crease at the local level. the fastest way to accomplish that However, I must again warn the Fed- Jack Shenendorf, Roger Norber, Sharon over long distances and tight time Barkaloo, Chris Bertram, Dave Schaeffer, eral Aviation Administration that Adam Tsao, Rob Chamberlin and David frames. more money will not cure all of the Balloff. This compromise follows the direc- problems facing the FAA and the avia- tion which my Iowa colleague, Senator HOUSE DEMOCRATIC STAFF tion industry. Fundamental reform of HARKIN, and I set forth early in the de- Dave Hymsfeld, Ward McCarriger, Stacy the way the FAA does business and on bate on the slot rule. We looked at the Soumbeniotis, Tricia Loveland, Paul Feld- a cultural level is necessary if we are needs of the airports in Iowa, and came man, who left last November, and Collen to truly make the advances which are to the conclusion together that it was Corr. needed. Mr. ROCKEFELLER. I yield the time for a change if our State was to As a budget conferee, I believe the maintain its economic momentum in floor, Mr. President, and reserve the re- budget compromise is the best we can the national and international market- mainder of my time. do at this time. I shall work with place. Iowa does not have a major hub The PRESIDING OFFICER. The Sen- Chairman DOMENICI to secure the nec- airport that guarantees low-cost or fre- ator from Washington. essary funds through the budget proc- quent flights. Like most States, we Mr. GORTON. Mr. President, how ess. have smaller airports that are greatly much time do the proponents have re- The biggest disappoint to me is the affected by the traffic into and out of maining? inclusion of a civil fine against airline the major hub airports. In this case The PRESIDING OFFICER. Twelve employee whistle-blowers. While I am those airports are O’Hare and and a half minutes. very pleased that whistle-blower pro- Mr. GORTON. Mr. President, I yield 5 LaGuardia. Our solution was to phase out the tection has been extended to the avia- of those minutes to the distinguished slot rule. The first step was to imme- tion industry, I feel that it is flawed Senator from Iowa. due to the civil penalty. Such a penalty The PRESIDING OFFICER (Mr. L. diately give increased access to the hub airports by turboprop aircraft and re- does not exist in other whistle-blower CHAFEE). The Senator from Iowa is rec- gional jets. These are the aircraft that statutes. I will work to correct this sit- ognized. uation. Mr. GRASSLEY. Mr. President, the primarily serve our smaller airports. Giving them time before the slot rule Whistle-blower protection adds an- conference report before us has been a is lifted for large airport-to-large air- other, much needed, layer of protection long time in the making. It is a com- port competition should give the for the traveling public using our Na- prehensive bill that successfully ad- smaller airports time to establish the tion’s air transportation system. I am dresses many important aviation economic and market base needed to pleased to have worked with the Asso- issues. Not the least of these is the justify service. Otherwise, we would ciation of Flight Attendants AFL-CIO eventual elimination of the so-called only see increased flights between on this important, ground breaking slot rules at three of our nation’s air- major cities, to the exclusion of small- legislation. They have worked tire- ports, O’Hare, Kennedy and LaGuardia. er airports. lessly on this provision, and I know It also adds additional slots at Reagan We received the support of a large they will continue to work with me to Washington National Airport. I support number of Senators who were also con- correct this flaw. I call upon the air- these measures. cerned about the future of their small lines to do the same and seek the help I congratulate Senator MCCAIN, the hub and nonhub airports. Together, all of the public, also. Senate Commerce Committee Chair- of us have been able to accomplish Mr. President, I urge my colleagues man, Senator GORTON, the Aviation what was unthinkable just several to vote for this conference report. Subcommittee Chairman, Senator HOL- years ago, the eventual elimination of The PRESIDING OFFICER. Who LINGS, the full committee ranking the slot rule at those two airports. I seeks recognition? member, and Senator ROCKEFELLER, deeply appreciate their faith and sup- The Senator from New Jersey. the subcommittee ranking member, for port to accomplish this. Mr. LAUTENBERG. Mr. President, I their efforts to bring about good public I also thank President Clinton for thank my colleagues who have worked policy. This has not been an easy con- having the foresight and courage to so hard to get this bill to this point. It ference, and all of you have put forth a recommend the elimination of the slot is not fun to oppose something that tremendous effort to see that it was rule at these airports. He gave a legit- was reported out of the conference concluded successfully. I wish to also imacy and momentum to the debate committee with such strong support. thank their staffs. that would not have existed otherwise. But I have a different responsibility I also express my thanks and admira- The States attorneys general, lead by given the fact that I serve both as the tion to my good friend, Senator Iowa Attorney General Tom Miller, ranking member of the Budget Com- DOMENICI, our Budget Committee also played a significant part and mittee and the Transportation Appro- chairman. Of all the issues before the should be thanked. priations Subcommittee. In my view, conference, the resolution of the budg- Not everyone is entirely happy with this bill represents a missed oppor- et issues was the most trying and com- the compromise solution in this con- tunity to fully address the financing plex. Senator DOMENICI and his staff ference report. I look upon that as rati- needs of our Nation’s aviation system. worked tirelessly to seek a fair and fication that it must be a pretty good To the degree the bill actually guar- adequate solution to this problem. compromise. I truly feel that the air- antees any real funding increases, it I express my admiration for my lines were treated as fairly and equally does so in a manner that I consider friend and colleague, Senator STEVENS, as possible. grossly unbalanced. Mr. President, if March 8, 2000 CONGRESSIONAL RECORD — SENATE S1253 you ask the average Senator if they are develop a new mousetrap to produce lican Conferees on this bill produced a willing to fund aviation at the expense those funding increases without ade- conference report that loaded all of the of the Coast Guard, I guarantee you quate revenue. Over the last week, the so-called ‘‘guaranteed’’ funding in- they would say no. If you asked each Majority Leader and the majority creases on capital investment pro- Senator whether they were willing to members of the conference committee grams and ignored the operations budg- fund aviation at the expense of Am- reached the agreement that is cur- et. Just two days ago, the FAA re- trak, I guarantee you most would say rently before us. It seeks to guarantee leased its updated forecast for future no. If you asked the average Senator a 64 percent increase in airport grants, aviation traffic. That forecast indi- whether or not they were willing to and a 30 percent increase in moderniza- cates that domestic airline traffic will fund aviation at the expense of our fed- tion funding. These so-called ‘‘guaran- increase more than 60 percent through eral highway safety efforts, they would teed’’ increases come at a time when 2011. That increased traffic will also say: Certainly not. the Republican Majority is debating put incredible pressure on the oper- But if this conference agreement be- among itself whether to impose a hard ation budget of the FAA. We will need comes law, we run the very real risk of freeze on discretionary spending at the more safety and security inspectors, cutting back funds for NHTSA, the Na- current year’s level, or provide for a not less. We will need better trained tional Transportation Safety Board, minuscule 2.4 percent increase. The controllers and more of them. But the Amtrak, the Coast Guard, and other arithmetic is simple. The $1.9 billion or bill before us ignores those needs. This areas just to boost funding for two 47 percent increase that this bill seeks bill is simply lopsided and unbalanced. aviation capital accounts by almost $2 to ‘‘guarantee’’ for airport grants and And in time, Mr. President, I believe billion next year. And those two avia- modernization will either require cuts the Members championing this bill will tion accounts don’t even finance the in the rest of the Transportation De- realize that they made a mistake. In core operations of the air traffic con- partment or the rest of the discre- fact, they may realize it sooner than trol system—the area where the FAA is tionary budget. they think. facing its most difficult challenges. I understand that the Chairman of I am not sure, in the end, that all of Our national transportation system the Budget Committee was a party to these ‘‘guaranteed’’ funding increases needs investments in several areas, not these negotiations. I am told that he is will materialize. The point-of-order in just aviation. Look at what is hap- prepared to state that the Budget Res- the Senate that protects these funding pening with the Coast Guard. All of us olution that he will propose fully funds guarantees is a 50-vote point-of-order. salute the Coast Guard. We saw in the the needs of these so-called aviation It will require 51 votes to waive that papers just yesterday that they do not guarantees. While I have great respect point-of-order. We all know that it is have enough people to monitor cruise for the Budget Committee Chairman, I impossible to do anything in the Sen- ships that are dumping their waste in have to say that I would like to know ate without 51 votes. So fiscal reality the oceans. They do not have enough where the funding is coming from if he may require the Senate to revisit these maintenance funding to keep their air- plans to impose a freeze on discre- guarantees sooner rather than later. It craft in the air. They do not have tionary spending. That should be a con- will only require a simple majority of enough people to monitor the attempts cern to all Members, whether they care the Senate to do so. by illegal immigrants to enter this about the Coast Guard, Amtrak, edu- Maybe that will not happen for a country. They don’t have enough cation, health care, veterans benefits, year or two. Maybe it will happen later money for pollution control, for fish- agriculture, or anything else. this Spring. In my capacity as Ranking eries enforcement, and for recruiting. Mr. President, one of the areas that Member of the Senate Transportation But I don’t hear my colleagues on the will face greater budget austerity as a Appropriations subcommittee, I will Commerce Committee, who have juris- result of these so-called ‘‘guaranteed’’ manage only one more Transportation diction over the Coast Guard, advo- increases is the operating budget in the Appropriations bill. But I promise that cating for a Coast Guard ‘‘guarantee.’’ FAA. The operating account pays for I am not going to silently watch the Mr. President, throughout my entire the operations of the air traffic control Amtrak budget, the Coast Guard budg- Senate career, I have led the fight for system. It pays the salary of every air et, or the FAA’s own operations budget increased investment in transpor- traffic controller and every aviation get ravaged to pay for the so-called tation. My support for transportation inspector. It pays for security at our ‘‘guarantees’’ provided in this bill. I started when I served as the Commis- airports. It pays for the publication of will see to it that every Member here sioner of the Port Authority of New every safety regulation. Three quarters will have the opportunity to vote on York/New Jersey. At that time, I of the operations budget goes just to whether we should shut down Amtrak learned that you can’t ignore the needs pay the salaries of the people that keep lines, tie up Coast Guard ships, or lay of one transportation mode in favor of the system safe every day. This ac- off aviation inspectors, in order to pay another. Investments need to be made count is where the FAA faces the most for these guarantees. in a balanced way if you are going to severe funding shortfall. So it is absurd In summary, Mr. President, this bill avoid gridlock. You can’t ignore the that we are now going to pass a bill represents a missed opportunity. This rail system or the highways to focus on that will boost capital funding while bill missed the opportunity to provide aviation. You need to keep your eye on subjecting the operations budget to momentum for funding increases in the safety, not just construction. The re- even greater austerity. Due to existing FAA across-the-board to address all quirement to reauthorize our aviation shortfalls in its operating budget, the the agency’s shortfalls, including the laws presented this Congress with a FAA just canceled all training activi- operations budget. By loading all of the great opportunity to address the fi- ties except introductory training for so-called guaranteed funding on the nancing of our nation’s aviation sys- air traffic controllers for the remain- capital accounts, it becomes plain as tem in a comprehensive and bipartisan der of the year. We also have problems day, that the Airport and Airway Trust manner. Unfortunately, this bill misses with new state-of-the-art equipment Fund is not adequate to fund all of our the mark. sitting in warehouses because the FAA aviation needs. It will only be a matter This Conference Agreement took so doesn’t have the operating funds to in- of time before we have to consider a long to produce because so many Mem- stall them. There aren’t even adequate tax increase or new user fees in order bers wanted to provide big funding in- operating funds to train our air traffic to truly meet all of the FAA’s needs. creases for aviation without paying for controllers how to use the equipment. Mr. President, this bill is short- them. Mr. President, the simple fact is FAA has had to delay the certification sighted. It was produced in the back that the revenue stream to the Airport of new aircraft and new equipment. room without Minority Members and Airway Trust Fund is not adequate Those delays are hurting our U.S. air- present, and I do not believe it rep- to fund the substantial funding in- craft manufacturers. The number of resents a sustainable aviation policy creases for aviation that many mem- aviation safety inspectors is being al- for our nation. The funding provisions bers want. Because of that basic fact, lowed to trickle down and FAA can’t in this bill may not even be sustainable the aviation conferees have been hag- afford to hire new inspectors to replace for the coming fiscal year. For that gling for the last year over methods to them. With that backdrop, the Repub- reason, I cannot support this bill. S1254 CONGRESSIONAL RECORD — SENATE March 8, 2000 Thank you, Mr. President. As the Senate has considered and re- funds. In addition, the legislation I yield the floor. considered the FAA reauthorization would establish an air traffic control The PRESIDING OFFICER. The mi- bill in recent years, the FAA has been service pilot program that would allow nority leader is recognized. operating for the most part under up to 20 small communities to share in Mr. DASCHLE. Mr. President, I in- short-term extensions. I have men- the cost of building contract control tend to use my leader time for purposes tioned on many occasions my view that towers. of making a couple of statements this this is no way to fund such an impor- I am hopeful that South Dakota will morning. I would like first to voice my tant Federal agency. Short-term exten- have the opportunity to participate in support for the conference report to sion after short-term extension dis- the Small Community Aviation Devel- H.R. 1000, which, as has already been rupts long-term planning at the FAA opment Program. I think it is one of noted, is the Wendell H. Ford Aviation and airports around the country that the better features of this legislation. I Investment and Reform Act for the 21st rely on Federal funds to improve their commend my colleagues for their in- Century. facilities and enhance aviation safety. clusion of it. I hope our former colleague, Senator The only thing worse than passing a Mr. President, I know some of our Wendell Ford, a dear and very special short-term extension is allowing fund- colleagues may oppose this bill because friend of mine who served as chairman ing for FAA programs to lapse alto- it would increase the number of flights and ranking member of the Senate gether. Unfortunately, that is exactly at the four slot-controlled airports. Commerce Committee’s Aviation Sub- what the Congress did when the House The proposal to increase the number of committee for many years, is watching again refused to consider the 6-month flights at Ronald Reagan Washington because this truly is a tribute to his extension the Senate passed on Novem- National Airport has been particularly dedication not only to aviation but to ber 10 of last year. For the last 4 controversial, and I would again like to his country and to the Senate for a months, funds for airport improvement commend Senator ROBB for being a long time. It is a very appropriate des- projects have been tied up because Con- strong advocate for his constituents in ignation for this legislation. gress has been unable to forge an northern Virginia. The conference report we are consid- agreement on the FAA reauthorization I know some of our colleagues on the ering today will help repair our avia- bill. Appropriations Subcommittee on tion system for the skyrocketing num- So today we begin to rectify that Transportation will also oppose this ber of passengers who will travel in the mistake and prepare for the increased bill because of the budgetary treat- 21st century. It is also a fitting tribute demand that will be placed on our avia- ment of the aviation trust fund. I un- to Senator Ford’s vision that he ex- tion system in the 21st century. This derstand their concerns and look for- pressed to us on many occasions as he bill will authorize approximately $40 ward to working with them to ensure was leading us on this and many other billion for aviation programs over the that Amtrak, Coast Guard, the Na- issues. next 3 years. In fiscal year 2001, the bill tional Transportation Safety Board, I thank as well the majority leader, will authorize $12.7 billion, an increase and FAA operations are adequately Senator LOTT, for his persistence in of $2.7 billion over current levels. In funded. providing leadership on this matter the next fiscal year, it will enhance Although there may be different pro- and in getting us to this point. I think aviation safety by authorizing $3.2 bil- visions in this bill that each of us may the credit also must go to our distin- lion for airport improvement projects, find objectional, I hope my colleagues guished subcommittee chairman and $3.3 billion in fiscal year 2002, and $3.4 will join me in supporting H.R. 1000, ranking member. It is clear they have billion in fiscal year 2003. the Wendell H. Ford Aviation Invest- the chemistry and the working rela- It will also allow airports to increase ment and Reform Act for the 21st Cen- tionship it takes to accomplish some- passenger facility charges from $3 to tury. Spring is just around the corner, thing of this complexity, and I pay $4.50. This PFC increase is expected to and we cannot afford to delay construc- tribute to both of them for their efforts generate $700 million for much-needed tion on airport improvement projects and for their arduous work in getting construction projects that will improve any longer. us to this point. We ought to be cele- airports in South Dakota and around It is unfair to FAA, it is unfair to air- brating this morning the accomplish- the country, in every State. ports in South Dakota and throughout ments of something that many of us The conference report to the FAA re- the country, and it is unfair to pas- have been hoping to achieve for a long authorization bill also includes a num- sengers who rely on the aviation sys- period of time. Were it not for their ber of provisions that would encourage tem for their travel needs. leadership and support, it would not competition among the airlines and en- I encourage my colleagues to support have happened. sure quality air service for commu- the conference report to the FAA reau- I have been reminded oftentimes of nities. For instance, it would authorize thorization bill. the movie ‘‘Groundhog Day’’ with Bill funding for a 4-year pilot program to Again, I commend my colleagues, es- Murray, with the Senate waking up improve commercial air service in pecially the chairman and ranking once a year to consider the same FAA small communities that have not bene- member, for their work on this bill. I reauthorization bill. The Senate first fited from deregulation. hope we can pass it this afternoon on a began considering this bill in 1998 and Specifically, the bill calls for the es- bipartisan basis. passed S. 2279, the Wendell H. Ford Na- tablishment of an Office of Small Com- f tional Air Transportation System Im- munity Air Service Development at the provement Act, in September of that Department of Transportation (DOT) NOMINATIONS OF MARSHA year. Although there was over- to work with local communities, BERZON AND RICHARD PAEZ whelming support for that legislation states, airports and air carriers and de- Mr. DASCHLE. Mr. President, among in the Senate, House and Senate nego- velop public-private partnerships that the constitutional responsibilities en- tiators could not agree on a multiyear bring commercial air service including trusted to the Senate, none is more bill at that time. regional jet service to small commu- critical to the well-being of our democ- Last year, the Senate passed S. 82, nities. racy than providing advice and consent the Air Transportation Improvement We have often commented on how on Presidential nominations. Later on Act of 1999, in October. As my col- critical the Essential Air Service Pro- today, we take up that solemn respon- leagues have recalled, this legislation gram has been to small communities in sibility in connection with two very was almost identical to the FAA reau- South Dakota and around the country distinguished judicial nominees, Mar- thorization bill we approved the year in their efforts to retain air service. sha Berzon and Judge Richard Paez. before. Again, there was overwhelming The Small Community Aviation Devel- Let me commend the majority leader support for the legislation in the Sen- opment Program would give DOT the for his commitment to the Senate, and ate. However, House and Senate nego- authority to provide up to $500,000 per to these nominees, that we would take tiators could not agree on a multiyear year to as many as 40 communities up these nominees for consideration FAA reauthorization bill, just as they that participate in the program and and ultimately for a vote on confirma- were unable to do the year before. agree to pay 25 percent in matching tion before the 15th of March. We March 8, 2000 CONGRESSIONAL RECORD — SENATE S1255 would not be here were it not for the personal or professional plans for 4 compassion. We need judges like Rich- fact that he persisted and that he was years? I have met Judge Paez, and I ard Paez on the bench. Without public willing to hold to the commitment he have to tell you, I am amazed by the servants like him, this system fails. made to us last year. dignity and grace he has exhibited dur- Marsha Berzon is equally qualified. Both nominees have waited an ex- ing this ordeal. Perhaps that is not sur- She is a nationally known and ex- traordinarily long time for this consid- prising, though, from a man lawyers tremely well regarded appellate liti- eration. Marsha Berzon, a nominee for routinely rate as exceptional in both gator with a highly respected San the Ninth Circuit, has been kept wait- his judicial temperament and his com- Francisco law firm. She is also a ing for a vote more than 2 years. Judge mand of legal doctrine. former clerk for the United States Su- Paez, another Ninth Circuit nominee, For a long time, those who opposed preme Court. She has served as a vis- has waited for more than 4 years. That Marsha Berzon and Judge Paez would iting professor at both Cornell Law is longer than any Federal court nomi- not say why. Now some of them say the School and Indiana University Law nee in history—a statistic that should problem isn’t with the nominees, the School. She is a widely recognized ex- shame the Senate. problem is with the court itself. The pert in the field of employment law— Judge Paez and Ms. Berzon are both Ninth Circuit, they claim, is a ‘‘rogue’’ an area of the law that requires the in- exceptional legal minds and remark- circuit. They claim the Ninth Circuit’s creasing attention of our federal judici- able people. But before I discuss their reversal rate by the Supreme Court is ary. qualifications, I wish to say something too high. They argue, therefore, that She has argued four cases in the Su- about the context in which these nomi- we should refuse to confirm anymore preme Court of the United States, and nations are being considered. Since the Ninth Circuit judges. We should just has filed dozens of Supreme Court 106th Congress convened in January, let the vacancies go unfilled. briefs on complex issues. To quote my the President has nominated 79 men The fact is, the Eleventh, Seventh, friend Senator HATCH, her ‘‘competence and women to fill the vacancies on the and Fifth Circuits all have a higher as a lawyer is beyond question.’’ Federal bench. Without exception, rate of reversal than the Ninth Circuit. Ms. Berzon also has the support of these nominees have come to us with The Ninth Circuit is completely within the National Association of Police Or- the highest marks from their peers. the mainstream of prevailing judicial ganizations, business and Republican Yet of the 79 nominees, only 34—fewer opinion. leaders. She enjoys a reputation among than half—were confirmed last year, Even if that were not the case, this colleagues and opposing counsel for and only 4 have been confirmed so far Senate has no right to attempt to pun- being a fair-minded, well prepared, and this year. ish the citizens who rely on the Ninth principled advocate. I have also met Looking at those figures, one might Circuit in this manner. Nor do we have Ms. Berzon, and I find her tempera- assume we have no pressing need for the right to try to influence the inde- ment and seriousness well-suited for Federal judges. In fact, just the oppo- pendence of the court in this way. That the job she has been nominated to fill. site is true. Today, there are 76 vacan- is unconstitutional. The federal judiciary has been de- cies on the Federal bench. Of those 76 Our responsibility under the Con- scribed as ‘‘the thin black line between vacancies, 29 have been empty so long stitution is to vote on whether to con- order and chaos.’’ I have faith that they are officially classified as ‘‘judi- firm judges. It is not our responsi- Richard Paez and Marsha Berzon, once cial emergencies.’’ The failure to fill bility, and it is not our right, to try to confirmed, will live up to that chal- these vacancies is straining our Fed- influence or intimidate judges after lenge. eral court system and delaying justice they are confirmed. Mr. President, I yield the floor. for people all across this country. As we consider the nominations of This cannot continue. As Chief Jus- Judge Richard Paez and Marsha f tice Rehnquist warns, ‘‘Judicial vacan- Berzon, let us remember that these WENDELL H. FORD AVIATION IN- cies cannot remain at such high levels votes are not a referendum on the VESTMENT AND REFORM ACT indefinitely without eroding the qual- Ninth Circuit, or on President Clinton. FOR THE 21ST CENTURY—CON- ity of justice.’’ And they should not be about par- FERENCE REPORT—Continued The Ninth Circuit court, to which tisan politics. These votes are about both Judge Paez and Marsha Berzon two people. Two distinguished and in- The PRESIDING OFFICER. The Sen- have been nominated, is also one of our spiring Americans who are eminently ator from Virginia. Nation’s busiest courts. It has also qualified for the bench. Mr. ROBB. Thank you, Mr. President. been hardest hit by our neglect. More Richard Paez has been a judge for 18 I thank my friend from New Jersey than 20 percent of the Ninth Circuit years. He is the first Mexican-Amer- for yielding time. bench is vacant. This is a court that ican ever to serve as a federal district Mr. President, for the third time in serves almost 20 percent of the United judge in Los Angeles. He was confirmed as many years, I am forced to express States. by this body in 1994; that vote was in this Chamber my strong opposition Procter Hug, the Chief Justice of the unanimous. to a congressional proposal to meddle Ninth Circuit Court of Appeals, was ap- Judge Paez has received the highest with Virginia airports. I will have to pointed in 1980 when the court had 23 rating the American Bar Association oppose the FAA conference report, active judges and a caseload of 3,000 ap- gives for federal judicial nominees. He most of which I strongly support and I peals. Today, with six vacancies, the has worked for the public good believe is long overdue because it Ninth Circuit has 22 active judges to throughout his career, working first as breaks a promise to the people of hear more than 9,000 appeals. They a legal aid lawyer, and then, for 13 Northern Virginia—a promise that have one fewer judge today than they years, as a Los Angeles Municipal Congress would permit us to manage had 20 years ago—with 300 percent Court judge. and develop our own airports. more cases. In his current position, as a United While I will again vote against this So I thank my colleagues for finally States District Judge, Judge Paez has bill to protest congressional inter- coming together to address this urgent presided over a wide variety of complex ference in the operation of Virginia’s question. The failure to fill Federal civil and criminal cases. For his work, airports, I would like to make clear court vacancies harms plaintiffs and he has garnered bipartisan support, and that I fully support FAA reauthoriza- defendants alike. Both are forced to the support of such law enforcement tion and release of the airport improve- wait too long for justice. The failure to organizations as the Los Angeles Coun- ment funds. In fact, as someone who fill Federal court vacancies also im- ty Police Chiefs’ Association and the has long believed that we need to sub- poses heavy and unjustifiable burdens National Association of Police Organi- stantially increase our investments in on judicial nominees and their fami- zations. transportation, I commend the con- lies. Can any of us imagine what it Time and again, on the bench he has ferees for crafting a conference report would be like to be kept waiting more demonstrated the qualities that are es- which does just that. than 4 years, as Judge Paez has? What sential to a strong and respected judi- Under this bill, annual funding for would it be like to be unable to make cial system—wisdom, courage, and many airports in Virginia will nearly S1256 CONGRESSIONAL RECORD — SENATE March 8, 2000 double, providing for critical safety im- Before commenting on the sub- ations of the FAA. In 1977, Congress al- provement and expanding airport ca- stantive provisions of the conference lowed left over funds to be used for sal- pacity. Nonetheless, I will have to vote agreement, I think it is essential to aries and expenses of the FAA. Today, against the bill. commend those who are responsible for we are returning to the original in- By forcing additional flights on Ron- achieving the compromise we have be- tent—monies first for capital needs, ald Reagan Washington National Air- fore us. However, because of the num- with any remaing funds to be used for port, this measure breaks the 1986 ber of individuals who have been in- other expenses. If a general fund is agreement among the Congress with strumental in forging this agreement, needed, then it will be subject to appro- Virginia and the local governments to engaging in this exercise is sort of like priations. leave National Airport alone and to get the Academy Awards shows, where the We have little choice. There is no Congress out of the business of man- winner gets to list all of the people he question we must invest in our future. aging airports. needs to thank in 30 seconds. I believe We must expand the system to keep it Even at the time of the 1986 agree- FEDEX had a commercial a few years safe, and to make it more efficient. ment, however, there was skepticism ago with a fast talking person, and I There is one other point—moderniza- that Congress would keep its word. In shall try to do the same here. First, I tion of the ATC system involves not the words of then-Secretary of Trans- wish to commend Chairman SHUSTER, only Federal spending, but also a portation William Coleman, ‘‘National Congressman OBERSTAR, and Senators committment from the private sector. has always been a political football.’’ ROCKEFELLER and GORTON for their un- As we move to a satellite-based sys- Perhaps he should have said: National flagging leadership in reaching this tem, the air carriers and general avia- will always be a political football. I agreement. I should note that Senator tion must make an investment in new hope that is not the case. But I am du- LOTT left no stones unturned to move technology in the cockpit. Finally, it is my understanding that the Transpor- bious. this bill. As well, Senators STEVENS tation function 400 numbers in the While I worked hard to oppose the and DOMENICI played pivotal roles. All Budget resolution will reflect the addition of slots and expanding the pe- of the Conferees and their staff did agreement reached here today, which rimeter at National, I am not going to their part to accomplish an enormous should quell some of the concerns of engage in any purely dilatory tactics task. After much hard work and many long hours we have a good, strong bill, my colleague from New Jersey. because I believe these issues should be Aviation is an integral part of the which addresses many of the most crit- decided on the merits. In this case, I overall U.S. transportation infrastruc- ical aviation issues facing us today believe the merits are simple and com- ture and plays a critical role in our na- —the proper funding for the moderniza- pelling. tional economy. Each day our air tion of our air traffic control system Increasing slots at National creates transportation system moves millions and airport infrastructure. delays for the majority of the people of people and billions of dollars of who use the airport and undermines Before explaining a little about the bill, I want to address one of the con- cargo. The U.S. commercial aviation the quality of life in communities that industry recorded its fifth consecutive cerns that has been raised. I know that are near the airport. year of traffic growth, while the gen- Senator LAUTENBERG has concerns People have a right to expect their eral aviation industry enjoyed a banner about this bill and what it means for Government to keep its end of the bar- year in shipments and aircraft activity other programs. The reality is that for gain. By injecting the Federal Govern- at FAA air traffic facilities. Continued years we have underfunded the FAA, ment into the running of the airports economic expansion in the U.S. and despite the fact that the Airport and once again, this bill scuttles an agree- around the globe will continue to fuel Airways Trust Fund has acummulated ment we made with this region more the exponential growth in domestic an uncommitted surplus, approxi- than a decade ago and breaks a promise and international enplanements. to the people who live here. mating $7–8 billion per year. The sur- The FAA is forecasting that by 2009, Mr. President, I yield any time re- plus is currently at $13 billion. Essen- enplanements are expected to grow to maining on the side of those in opposi- tially, we have used those monies to more than 1 billion by 2009, compared tion. meet other priorities. Today, we end to 650 million last year. During this I yield the floor. that game, by making sure that all time, total International passenger The PRESIDING OFFICER. The Sen- monies in the Trust Fund go to avia- traffic between the United States and ator from Alaska. tion. We also recognize that if more is the rest of the world is projected to in- Mr. MURKOWSKI. Mr. President, I needed, and it will be, then the general crease 82.6 percent. International pas- recognize the leader’s time has been fund will be called upon. Bear in mind senger traffic carried on U.S. Flag car- utilized and not counted against the that the FAA and its ATC system pro- riers is forecast to increase 94.2 per- time prior to going into morning busi- vide services not only to the cent. These percentages represent a ness. commerical and general aviation dramatic increase in the actual number I ask unanimous consent that when fleets, but also to our military. The of people using the air system. the managers are finished and morning FAA also plays a key role in our na- More people, more planes, more business is taken up, I be allowed 10 tional security by keeping our skies delays. Those are the headlines we minutes to introduce a bill. and airports safe. know are coming. We know today that I yield for my friend from South We know that when the Trust Fund the growth in air travel has placed a Carolina who is seeking recognition. was created in 1970, it was intended strain on the aviation system and our The PRESIDING OFFICER. Without solely for modernization/capital im- own nerves as we travel. In 1998, 25% of objection, it is so ordered. provements. The preamble to the stat- flights by major air carriers were de- The Senator from South Carolina. ute was as valid then as it is today—it layed. MITRE, the FAA’s federally- Mr. HOLLINGS. Mr. President, I reads ‘‘That the Nation’s airport and funded research and development orga- thank my distinguished chairman, Sen- airways system is inadequate to meet nization, estimates that just to main- ator ROCKEFELLER. the current and projected growth in tain delays at current levels in 2015, a Mr. President, I rise today to discuss aviation. That substantial expansion 60% increase in airport capacity will be the Federal Aviation Administration and improvement of airport and airway needed. As many of you may know, and (FAA) reauthorization bill, appro- system is required to meet the de- perhaps have experienced first hand, priately known as the Wendell H. Ford mands of interstate commerce, the delays reached an all-time high this Aviation Investment and Reform Act postal service and national defense’’. In summer. These delays are inordinately for the 21st Century, or FAIR–21. This fact, to clarify that it was intended for costly to both the carriers and the legislation rightfully deserves this capital only, Congress in 1971 deleted traveling public; in fact, according to title for two basic reasons: it rep- the phrase ‘‘administrative expenses’’ the Air Transport Association, delays resents a fair compromise and it hon- as an eligible item for spending. During cost the airlines and travelers more ors the former Chairman and later the first years of the Trust Fund, with than $4 billion per year. ranking Member of the Aviation Sub- one year’s exception, no Trust Fund We cannot ignore the numbers. These committee, Senator Ford. monies were spent on the general oper- statistics underscore the necessity of March 8, 2000 CONGRESSIONAL RECORD — SENATE S1257 properly funding our investment—we one has yet to be named. Jane Garvey, game of trying to call a ‘‘deficit’’ a must modernize our Air Traffic Control the FAA Administrator, is doing a ‘‘surplus’’ and grabbing any and all system and expand our airport infra- wonderful job, but she could have used moneys we can to play a game to make structure. Gridlock in the skies is a some help. To avoid this in the future, it look as if we are reducing spending. certainty unless the Air Traffic Con- FAIR–21 establishes a subcommittee of The fact is the President submits his trol (ATC) system is modernized. A the MAC to oversee air traffic oper- budget, and we in the Congress—this system-wide delay increase of just a ations with the appointments being Republican Congress, if you please— few minutes per flight will bring com- made by the Secretary of Transpor- have been increasing spending over and mercial operations to a halt according tation rather than the President. The above what President Clinton has to the National Civil Aviation Review bill also establishes a position for a asked for during the past 7 or 8 years. Commission and American Airlines. chief operating officer. Combined with We are not willing to pay for it. So we According to a study by the White other measures, and the funding levels, rob Social Security. We rob the retire- House Commission on Aviation Secu- we are on the right track. ment of the military and civil service. rity and Safety, dated January 1997, I wish to say a word about our con- We robbed the highway funds, up until the modernization of the ATC system trollers, technicians and the FAA we finally got that straightened out should be expedited to completion by workforce. I know that the bill as under the leadership of Mr. SHUSTER. 2005 instead of 2015. crafted does not guarantee a general Now we can hold onto our airport mon- FAIR 21 would authorize the Facili- fund contribution to pay for the oper- eys and do the job that is required of ties and Equipment (ATC equipment) ations of the FAA. However, it should us. at $2.660 billion, $2.914 billion, and be acknowledged that these folks work I want to say to everyone involved $2.981 billion for FY01–FY03, respec- hard every day to keep us flying safely. that this has been a good 2-year strug- tively. This represents a 30% increase The safety of the nation is in their gle to get us where we are. It is a good in funding. For the first time ever, hands. They deserve our support. bill. It was developed in a bipartisan FAIR 21 links the spending in the Fa- Finally but not least, in terms of way, with every consideration given to cilities and Equipment account and the Death on the High Seas, after much not only the budget problems and con- Airport Improvement Program to the input from the families of the victims cern the Senator from New Jersey has, monies in the Airport and Airway of many of the air tragedies, we have but also my concerns about overall air Trust Fund. clarified the law and extending the bor- traffic. As our skies and runways become ders of the United States to 12 miles off We are moving finally in the right di- more crowded than ever, it is crucial shore for the purpose of determining rection. I hope everybody will vote in that we redouble our commitment to claims. In the case of an accident oc- support of the conference report. safety. Passengers deserve the most up curring 12 miles or within the shore, I yield back the remainder of our to date in safety measures. FAIR–21 en- the Death on the High Seas Act shall time. sures that there will be money avail- not apply. Rather, it is state, federal, AMTRAK AND COAST GUARD FUNDING able to pay for new runway incursion and any other applicable laws which Mr. KERRY. Mr. President, first, I devices as well as windshear detection shall apply. Death on the High Seas thank the distinguished majority lead- equipment. The bill requires all large shall apply only outside of 12 miles off er for joining me in this important dis- cargo airplanes install collision avoid- shore. cussion today. I thank him for the ance equipment. In an effort to support Mr. President, let me commend Mr. vital role he played in shepherding the the ongoing improvements at civil and SHUSTER, the chairman on the House FAA authorization bill through the cargo airports, FAIR–21 increases fund- side. He stuck to his guns. conference committee. We have been ing for the improvement of training for It has been a long struggle in the without an authorization bill for too security screeners. We also have pro- open and in the dark. I only mention long and this bill is a critical step in vided whistleblower protection to aid that because my colleague from New ensuring our skies are absolutely safe in our safety efforts and protect work- Jersey said this thing was all agreed to and less congested. But, as the major- ers willing to expose safety problems. in the dark. We have been in the dark ity leader well knows, aviation is not FAIR 21 will allow airports to in- and in the open and everything else for the only important piece of transpor- crease their passenger facility charges 2 years on this struggle. tation funding this bill may affect. I from $3 to $4.50. This is a local choice Mr. SHUSTER stuck to his guns, believe that my friend agrees with me and it is money which an airport can whereby those air travelers who obtain that, as important as aviation is to our use to encourage new entry, particu- the taxes that go into the airport and country, funding for Amtrak and the larly at the 15 ‘‘fortress hubs’’ where airways improvement fund are finally Coast Guard are also crucial, and in en- one carrier controls more than 50% of being assured that money is going to acting this bill, we by no means intend the traffic. Logically, the air fares for be spent on the airport and airways im- to give short-shrift to those parts of the communities dependant upon these provement. our transportation budget. Isn’t that hubs are much higher than usual. If Right to the point: We owe some $12 right, Mr. Majority Leader? given a choice, perhaps we would have billion right this minute for airport Mr. LOTT. Mr. President, let me broken up the hubs. Instead, we have taxes that have been used for every- thank my friend from Massachusetts used the power of the dollar and a half thing from Kosovo to food stamps, and for raising this issue here today. And to require these hubs to develop ways everything else but airport and airways he is absolutely right. Aviation is not to allow new carriers to expand as to improvement. the only transportation account that create the possibility of lower fares to In fact, we now have some $l.95 bil- may be impacted by this bill. And it places like Charleston, SC. The extra lion to be expended this fiscal year, was certainly not the intention of the buck and a half will go to expand gates 2000. We were unable to get those mon- conferees to in any way restrict fund- and terminal areas, as well as runways eys, although they were in the fund, ing for the Coast Guard or Amtrak. at these facilities. supposedly—IOU slips, if you will. We The conference report includes a pro- Since 1996, we have struggled with are now able to spend those moneys. vision which reserves Airport and Air- how to develop meaningful reform of I have the same misgivings the rank- ways Trust Fund revenue and interest the FAA. We have met the majority of ing member of our subcommittee has spending for aviation programs with a the suggestions with the exception of about the shortfalls in the operating majority point of order. Additionally, the recommendations to establish a fee budget. That is due to so-called ‘‘unre- under another majority point of order, system and to set up a private corpora- alistic spending caps.’’ That is a budget the provision requires the authorized tion to run air traffic control. Instead, problem—not this bill’s problem. There levels of funding for the Airport Im- we chose a more prudent path. The 1996 is a problem with unrealistic spending provement Program and the Facilities reauthorization bill established a 15 caps. and Equipment accounts to be fully member Management Advisory Com- There is state-of-the-art equipment funded before the Operations and Re- mittee (MAC) appointed by the Presi- sitting in warehouses, and that is be- search and Development accounts are dent with Senate confirmation but no cause we have been playing a sordid funded. While this latter provision is S1258 CONGRESSIONAL RECORD — SENATE March 8, 2000 not a statutory guarantee that general mental protection, marine safety, fish- gram provides federal grants for air- revenue will be spend on aviation pro- eries enforcement, and drug traf- port development and planning and grams, it is a significant incentive. The ficking. I can’t imagine any of our col- these dollars are usually spent on cap- bill thus provides a reasonable assur- leagues arguing that any one of these ital projects supporting operations ance that aviation appropriations will missions is unimportant or should be such as runways, taxiways, and noise reach authorized levels, which would less than fully funded. Perhaps my abatement. This substantial increase result in an approximately $2 billion good friend will expand upon the im- in funding will go a long way in main- increase in aviation funding for fiscal portance the Coast Guard’s many mis- taining the quality of air travel in year 2001. sions. North Dakota and across the country. My good friend from Massachusetts Mr. LOTT. Mr. President, I would In addition to the increase in fund- is concerned that spending for other like to take a few minutes to address ing, the fact that we now have long- transportation priorities may be de- the needs of the Coast Guard. In a typ- term FAA reauthorization instead of creased as the appropriations process ical day the Coast Guard will save 14 the extensions our airports have been increases aviation spending. Let me as- lives, seize 209 pounds of marijuana and operating under is an important im- sure my good friend that I expect ade- 170 pounds of cocaine, and save $2.5 provement. Short-term extensions had quate funding for the Coast Guard and million in property. The Coast Guard’s the effect of leaving airport managers Amtrak, as these transportation prior- duties have also grown, as there are and community leaders unable to de- ities are important to the Nation and more commercial and recreational ves- velop and move forward with airport to my home State of Mississippi. I in- sels in our waters today than ever be- improvement projects. Because in tend to work with the chairmen of the fore in our Nation’s history. Inter- North Dakota the construction season Budget and Appropriations Committees national trade has expanded greatly, is short, the ability to plan and sched- to ensure the Transportation Appro- and with it maritime traffic has in- ule projects is critical to maintaining priations account is increased so that creased in our Nation’s ports and har- our state’s aviation system. these aviation program increases do bors. Tighter border patrols have Secondly, this conference report con- not come at the expense of other trans- forced drug traffickers to use the thou- tains a very important provision for portation programs. sands of miles of our country’s coast- Dickinson, North Dakota. This legisla- Mr. KERRY. Mr. President, I am lines as the means to introduce illegal tion will allow this small community gratified to hear the majority leader’s drugs into our Nation. The Coast Guard to retain essential air service without commitment to Amtrak and the Coast currently faces a number of readiness paying a local share. Currently, Dick- Guard, as well as his intention to work shortfalls as it struggles to keep up inson and Fergus Falls, Minnesota are with the chairmen of the Budget and with the increasing demands placed the only communities with this re- Appropriations Committees to fully upon this service. In order to continue quirement. EAS is vital to smaller fund transportation needs at least for this valuable service to our Nation, the communities, and the difficulties en- FY 2001, and hopefully beyond. Both Congress must provide the funding to countered by many of the communities Amtrak and the Coast Guard are abso- address personnel shortages and to re- in retaining EAS warrant increased lutely necessary to my constituents. I pair or replace the Coast Guard’s aging federal attention. The report also re- would like to say a few words about the ships and aircraft. I am confident that quires the Department of Transpor- importance of Amtrak nationwide. with an increase in the transportation tation to report on retaining essential This country needs to include pas- budget, we can protect the Coast Guard air service, focusing that report on senger rail as part of its transportation and Amtrak, as well as make the im- North Dakota. This is an extremely se- mix in the 21st century. We have done provements air travel so desperately rious problem in my state and I believe a good job ensuring our highways and, needs. it needs greater attention. The resi- now, our skyways get the funding and Mr. KERRY. Mr. President, I thank dents and businesses of small commu- attention they deserve. Amtrak also the majority leader for his helpful re- nities, especially in a rural state like needs some of that attention. Pas- assurances. We have the same goal, and North Dakota, depend heavily on this senger rail is critical if we are going to that is to have a safe, efficient trans- service and we need to find a way to reduce congestion on our highways and portation system that includes rail, consistently serve these small mar- in the air, as well protect our environ- aviation, and maritime sectors. His in- kets. ment. People need a choice in transpor- tention and willingness to make this Finally, I am pleased that conferees tation, and high speed rail especially happen gives me every confidence that agreed to budgetary guarantees of in- can be a viable option for many, not it will happen. creased funding for aviation. The con- only in the Northeast, but along cor- Mr. CONRAD. Mr. President, I am ference report provides for a budget ridors throughout the country. pleased the Senate today will take ac- point of order against any legislation On January 31, 2000, Amtrak tion on the H.R. 1000, the Wendell H. that fails to spend all of the Airport launched Acela Regional—the first Ford Aviation Investment and Reform and Airways Trust Fund (AATF) re- electric train in history to serve Bos- Act for the 21st Century. The Federal ceipts and interest, and does not appro- ton and New England. This is literally Aviation Administration has been priate the total authorized levels for a dream come true for all of us up and without a long-term authorization for capital programs (AIP and Facilities down the East Coast who care about some time, and airports in my state and Equipment). After allocations to jobs, the economy and traffic conges- need to be able to move forward with the capital programs occur, remaining tion and the environment. And in its construction projects soon. AATF funds can be used for general op- first few weeks of operation, I under- There are three components of this erations, and can be augmented by stand that bookings on Acela Regional bill that I strongly support: the in- monies from the general fund. are up as much as 45 percent over the crease in funding for the Airport Im- I urge my colleagues to join me in Northeast Direct line. This will be ex- provement Program (AIP), the budg- supporting this important and long tremely helpful in my home state of etary treatment of the Aviation Trust overdue legislation. Massachusetts, as well as in New York, Fund, and a provision to stabilize es- Mr. DURBIN. Mr. President, I rise in New Jersey, Connecticut, Pennsylvania sential air service (EAS) in Dickinson, support of the FAA/AIP reauthoriza- and Maryland, where airport and high- North Dakota. tion conference report, H.R. 1000. I way congestion often reach frustrating I am very pleased that this con- commend Senators HOLLINGS, ROCKE- levels. The more miles that are trav- ference report provides for $3.2 billion FELLER, GORTON, and MCCAIN for their eled on Amtrak, the fewer trips taken in 2001 for the AIP program, and that efforts. on crowded highways and skyways. funding will increase by $100 million This measure would lift the High Amtrak is not the only transpor- each year. As air travel continues to Density Rule at several of the nation’s tation priority we need to fully fund. increase, it is important that we invest slot controlled airports, including Chi- The Coast Guard performs a number of in our nation’s airports to ensure the cago’s O’Hare International Airport. I critical missions for our country in- safety of the traveling public and ex- support this conference report with the cluding search and rescue, environ- pand capacity for the future. This pro- understanding that it puts safety above March 8, 2000 CONGRESSIONAL RECORD — SENATE S1259 all other issues and keeps a watchful with the dawn of state-of-the-art air ground including giving more author- eye on noise levels and the environ- traffic control systems and improved ity to a nationwide Command Center ment around these airports. flow control procedures, the High Den- to control flow of aircraft and attempt- This conference report also signifi- sity Rule has outlived its usefulness. ing to decrease so-called ground-stops. cantly increases funding for the Essen- Instead, the High Density Rule artifi- With regard to noise, according to tial Air Service and Airport Improve- cially limits access to O’Hare and ad- data reported in U.S. DOT’s 1995 study, ment Programs, ensuring that Illinois versely affects smaller communities. In the increase in population around airports will be able to complete im- Illinois, three downstate communities O’Hare affected by noise due to lifting portant infrastructure projects as well have totally lost service to O’Hare— the High Density Rule is very small as gain greater access to valuable mar- Decatur, Mt. Vernon, and Quincy—and when compared to the decrease due to kets. one city, Moline, has already experi- the transition to an all Stage 3 fleet in I fully understand that some oppo- enced a carrier leaving solely because 2005. After lifting the High Density nents are attempting to portray a High of the slot restrictions. Rule and shifting to a Stage 3 fleet, the Density Rule lift as a safety issue. I In my hometown of Springfield, Cap- population exposed to very high noise agree that safety must be paramount. ital Airport has been battling for years levels should decrease. Elimination of The FAA is and always should be the to attract and retain adequate service the High Density Rule also will provide final arbiter of safety. And no matter to O’Hare. Today, there are more Chi- scheduling flexibility to the airlines what Congress does today, the FAA cago passengers than seats available. and in so doing could reduce nighttime will continue to have the authority to When we look for this reason, all run- noise. regulate air traffic and ensure that ways lead to the same place—the High At my insistence, the conferees have included several provisions that will passenger and community safety is Density Rule. Carriers choose to move study the noise levels at the nation’s never at risk. commuter operations to Denver and slot-controlled airports and compare Last fall, I received a letter from Dallas/Ft. Worth rather than deal with them to pre-Stage 3 aircraft noise lev- FAA Administrator Garvey, which says the slot restrictions at O’Hare. Com- els around these same airports. The in part, ‘‘Let me assure you that if the munities pay the price through loss of Secretary of Transportation also is re- High Density Rule is lifted at Chicago access to key domestic and inter- quired to study noise, the environment, or any other airport, safety will not be national markets, lost jobs, diminished access to underserved communities, compromised.’’ The Administrator goes tourism and stagnant economic devel- and competition at O’Hare. Finally, on to say, ‘‘The FAA does not control opment. O’Hare and the other slot-controlled aircraft at high density airports any Bob O’Brien, the Capital Airport Ex- airports will receive priority consider- differently than at any other commer- ecutive Director of Aviation, writes, ation for Airport Improvement Pro- cial airport. We will continue to oper- ‘‘The inability for the Springfield com- gram funds for noise abatement and ate these airports using all appropriate munity to adequately access Chicago mitigation. This will help improve and procedures and traffic management ini- and connect to other locations in the expand soundproofing efforts and noise tiatives for the safe and expeditious country or the world impacts the monitoring. handling of air traffic. Safety is always movements of goods and services and, Both U.S. DoT’s 1995 study and a 1999 consequently, is a major detriment to our highest priority.’’ GAO review found that the High Den- The National Air Traffic Controllers the retention and attraction of busi- sity Rule creates a barrier to entry and Association and specifically the Chi- nesses. The growth and viability of the restricts airline competition at the af- cago controllers support lifting the slot local Springfield community is at risk. fected airports. According to GAO, restrictions at O’Hare. NATCA believes * * * While our country’s aviation sys- fares are higher at airports under the that O’Hare can handle the increased tem is among the best in the world, it High Density Rule than at unrestricted traffic without sacrificing safety. I is compromised by an artificial ‘choke airports. U.S. DoT concluded that lift- have had the opportunity to meet with point’ known as the High Density ing the high density rule would result the controllers about this issue, and I Rule.’’ in lower air fares and more competi- believe they bring a unique and impor- I would like to ask, why is it that we tion. tant perspective to this debate. should maintain a ‘‘choke point’’ at a According to a report conducted by It also should be noted that a 1995 city which serves as the transportation Booz-Allen-Hamilton, allowing O’Hare U.S. Department of Transportation hub of the nation? to fully develop would contribute $26 (U.S. DoT) study concluded that lifting Mark Hanna, Director of Aeronautics billion annually to the greater Chicago the High Density Rule would have no at Quincy’s Baldwin Field, writes, economy. On the other hand, artificial impact on safety because air traffic ‘‘* * * Quincy community leaders be- constraints on O’Hare’s capacity could control is implemented independently lieve the removal of the current slot cost the region $7 billion to $8 billion. of the slot restrictions. restrictions at O’Hare is critical in Mr. President, the High Density Rule Thus, the claim that this would un- continuing this vital service between has had more than 30 years to produce dermine safety is unfounded. Quincy and Chicago. * * * With your results. However, the only tangible re- I also take exception to the notion support of providing relief from the sults I’ve experienced are artificial bar- that Congress is getting ahead of the current ‘High Density Slot Rule’ at riers to access and competition. I don’t FAA. Federal transportation officials O’Hare, we can maintain this valuable take lightly the arguments raised by have believed for some time that the air service and increase its market- opponents of this amendment. In the High Density Rule is outdated and inef- ability.’’ past, I have supported compromise lan- ficient and not an appropriate safety Julie Moore, President of the Metro guage that would offer some limited mechanism. And our colleagues in the Decatur Chamber of Commerce says, expansion of O’Hare. However, oppo- House voted overwhelmingly last year ‘‘That (O’Hare) air service is essential nents have rejected even the introduc- to lift the slot restrictions, with the to the economic growth and stability tion of one new flight at O’Hare. I be- support of the FAA. of our area.’’ lieve this position is unrealistic and Government reports tell us that I understand the frustration that pas- unfair to downstate Illinois commu- O’Hare has been surpassed by Atlanta’s sengers have with flight delays. As a nities that desperately need Chicago Hartsfield International Airport as the frequent flier, going into or through O’Hare access. I will hold the FAA, the world’s busiest. This raises the obvious O’Hare twice a week, I experience it airlines and these airports accountable question: if airports such as Atlanta often. Will lifting the High Density to improve safety, reduce delays and and Dallas/Ft. Worth and LAX in Los Rule make the planes run on time? Of achieve greater access for underserved Angeles can operate safely and effi- course not. But will it worsen the markets while striving to protect the ciently without slot restrictions, why delays? Not necessarily. The FAA is environment and limit airport noise. can’t O’Hare? working with its air traffic controllers Mr. DOMENICI. Mr. President, after The High Density Rule or slot re- and the airlines to implement both months of negotiation, we have strictions were developed in the late short-term and long-term ways to re- reached an agreement and completed 1960s, to mitigate delays. However, duce delays in the air and on the work on the Aviation Investment and S1260 CONGRESSIONAL RECORD — SENATE March 8, 2000 Reform Act of the 21st Century, the so- In this way, budgetary discipline has growth of bogus aircraft parts raises called AIR–21. prevailed and appropriate congres- serious public safety concerns. And AIR–21 is a fair bill. It reflects a com- sional oversight is maintained. This is even small bogus parts could cause a promise on many of my concerns about good policy for the American people horrific airplane tragedy. For instance, the budgetary treatment of our federal and the flying public. on September 8, 1989, a charter flight aviation accounts. It also reflects some Finally, this bill contains essen- carrying 55 people from Norway to Ger- of my commitments, one of which is to tially, for the next three years, a Fed- many plunged 22,000 feet into the North increase investment in aviation pro- eral mechanism not entirely unlike Sea after a tail section fastened with grams. I am a strong proponent of safe- what has existed since the Airports and bogus bolts tore loose. ty, and this bill increases funding for Airways Trust Fund was established in Given this potential threat to public safety programs, including funds for 1972. As we move into this new century, safety, comprehensive laws are needed air traffic control modernization. In it may be that this funding mechanism to focus directly on the dangers posed addition, and very important to the and the current government structure by nonconforming, defective, and coun- State of New Mexico, many of the pro- is not the most efficient or effective terfeit aircraft parts. But no such laws grams within this bill focus on and sup- way to provide the investments and are on the books right now. In fact, port small or rural airports. Finally, services for this industry in the future. prosecutors today are forced to use a each of these accomplishments are re- For example, at least 16 countries variety of general criminal statutes to alized while budgetary discipline is have taken action to respond to the bring offenders to justice, including maintained. pressures that increasing enplanements prosecution for mail fraud, wire fraud, In 2001, a total of $12.7 billion is au- have had on a system already stressed false statements and conspiracy. These thorized for aviation programs. This by capacity constraints and increases general criminal statutes may work represents an increase in budget re- in and longer delays. These countries well in some situations in the aircraft sources of $2.7 billion over the 2000 lev- realized something that was made clear industry, but often times they do not. els. This is extremely generous to the in a joint Budget and Appropriations The Aircraft Safety Act would pro- FAA. In fact, it exceeds the President’s Committee hearing on February 3— vide for a single Federal law designed 2001 budget request by $1.5 billion. Over that increased funding levels will not to crack down on the $45 billion fraudu- the 2001 through 2003 time period, AIR– solve the problems of our outdated air lent, defective, and counterfeit aircraft 21 authorizes nearly $40 billion. traffic control system and will not parts industry. The Act focuses on Before I outline the budgetary com- make the system efficient. stopping bogus aircraft parts in three promise, I would like to thank all the Recognizing this, these countries ways. Conferees—I especially appreciate the have fundamentally reformed and re- First, our bipartisan bill adds a new work and support of Senators STEVENS, structured their air traffic control sys- section to our criminal laws defining GORTON, GRASSLEY, BURNS, LOTT, and tems. Most recently Canada created a fraud involving aircraft parts in inter- LAUTENBERG on the budget issue. In ad- very successful nonprofit, private air state or foreign commerce for the first dition, I applaud the leadership that traffic control corporation sustained time. The section sets out three new Senators GORTON, LOTT, and MCCAIN by user fees. Reformed air traffic con- offenses to outlaw the fraudulent ex- took on this bill. trol systems have been successful. portation, importation, sale, trade, in- One very controversial issue had to They have brought about major gains stallation, or introduction of noncon- do with the correct budgetary treat- in efficiency, reduced flight delays, re- forming, defective, or counterfeit air- ment for aviation programs. The provi- craft parts. Under the new statute, it is sion contained in AIR–21 represents a ductions in operating costs, and a crime to falsify or conceal any mate- compromise—both sides had to come progress in technological upgrades. All rial fact, to make any fraudulent rep- together for this deal. of this was accomplished without com- Similar to my offer last fall, AIR–21 promising safety. resentation, or to use any materially guarantees annual funding from the Although this bill provides funding false documents or electronic commu- Airports and Airways Trust Fund equal for FAA for three years, it is my hope nication concerning any aircraft part. to the annual receipts deposited into that we will continue to seriously Second, our bipartisan bill strength- the Trust Fund plus annual interest evaluate and consider whether services ens the criminal penalties against air- credited to the Trust Fund, as esti- can more effectively and efficiently be craft parts pirates. A basic 15-year mated in the President’s budget. delivered with a change in structure— maximum penalty of imprisonment Based on the President’s FY 2001 so that the gains realized in Canada, and $500,000 maximum fine is set for all Budget, $10.5 billion will be appro- Britain, Germany, Switzerland, and offenses created by the new section. priated from the Trust Fund in 2001 for New Zealand can be achieved in the This is needed to end the light sen- aviation programs. In addition, just United States. tences that some aircraft parts coun- over $2 billion can be provided from the Mr. LEAHY. Mr. President, I am terfeiters have received under the gen- general fund. For 2001 through 2003, pleased that the Aircraft Safety Act of eral criminal statutes. In fact, in a 1994 over $33 billion will be guaranteed from 2000 is included in the conference re- case, a parts broker pleaded guilty to the trust fund for aviation programs, port on the Air Transportation Im- trafficking in counterfeit aircraft and more than $6 billion can be pro- provement Act, H.R. 1000. This measure parts, but only received a seven-month vided from the general fund. is needed to safeguard United States sentence. Fraud involving aircraft Further, the budget compromise pro- aircraft, workers and passengers from parts is a serious crime that deserves a vides that the Trust Funds will first be fraudulent, defective, and counterfeit serious penalty. available to fund the capital ac- aircraft parts. Third, our bipartisan bill provides counts—for airport improvement pro- The problem of fraudulent, defective, courts with new tools to prevent repeat gram grants and facilities and equip- and counterfeit aircraft parts has offenders from re-entering the aircraft ment, including the air traffic control grown dramatically in recent years. parts business and to stop the flow of modernization programs. Since 1993, the Federal Aviation Ad- nonconforming, defective and counter- Before I finish, let me take one ministration received 1,778 reports of feit parts in the marketplace. Under minute to discuss what this bill doesn’t suspected unapproved parts, initiated the new statute, courts may order un- do. AIR–21 does not take the Airports 298 enforcement actions and issued 143 scrupulous individuals to divest them- and Airways Trust Fund off-budget. safety notices regarding suspect parts. selves of interests in businesses used to AIR–21 does not establish a budgetary Moreover, the aircraft industry has es- perpetuate aircraft fraud. Courts may firewall between aviation programs and timated that as much as $2 billion in also, under the new statute, direct the other discretionary programs. Further, unapproved parts may be sitting on the disposal of stockpiles and inventories it does not lock-down general fund tax shelves of parts distributors, airlines, of defective and counterfeit aircraft receipts for aviation programs. Finally, and repair stations, according to Con- parts to prevent their subsequent re- it does not put FAA funding on auto- gressional testimony. sale or entry into commerce. pilot and take the appropriators out of Because a passenger airplane may Indeed, Attorney General Reno, De- the process. contain as many as 6 million parts, the fense Secretary Cohen, Transportation March 8, 2000 CONGRESSIONAL RECORD — SENATE S1261 Secretary Slater, and NASA Adminis- Service, Department of the Navy; the Cus- their considerable efforts. Both Sen- trator Goldin wrote to Senator HATCH toms Service, Department of the Treasury; ators have shown a keen interest in the and me urging that Congress adopt this the National Aeronautics and Space Admin- problems unique to smaller cities legislation. They wrote: ‘‘If enacted, istration; and the FAA. The working group where adequate service is the para- quickly identified the need for federal legis- this bill would give law enforcement a lation that targeted the problem of suspect mount issue. potent weapon in the fight to protect aircraft and spacecraft parts in a systemic, The phasing out of the slot require- the safety of the traveling public.’’ As organized manner. The enclosed bill is the ments at these airports is an important a result, the Aircraft Safety Act is en- product of the working group’s efforts. step toward eliminating a major bar- dorsed by the Department of Justice, Not only does the bill prescribe tough new rier to airline competition. And, by the Federal Bureau of Investigation, penalties for trafficking in suspect parts; it doing so in this two step process miti- the Department of Defense, the Depart- also authorizes the Attorney General, in ap- gates against some of the long-term ef- propriate cases, to seek civil remedies to fects of the government-imposed slot ment of Transportation and the Na- stop offenders from re-entering the business tional Aeronautics and Space Adminis- and to direct the destruction of stockpiles rule. Under current rules, most smaller tration. I ask unanimous consent, that and inventories of suspect parts so that they airlines have, in effect, had a far more this letter be printed in the RECORD at do not find their way into legitimate com- difficult time competing, in part be- the conclusion of my remarks. merce. Other features of the bill are de- cause of the slot rule. The PRESIDING OFFICER. Without scribed in the enclosed section-by-section The conference report allows small objection, it is so ordered. analysis. airlines to expanded access to all four (See Exhibit 1) If enacted, this bill would give law enforce- slot controlled airports to some degree. ment a potent weapon in the fight to protect Not as much as our original proposal. I Mr. LEAHY. The distinguished Chair- the safety of the traveling public. Con- man of the Senate Judiciary Com- sequently, we urge that you give the bill fa- would have liked to have seen a longer mittee, Senator HATCH, and I offered vorable consideration. phase in of the rule at O’Hare and the Aircraft Safety Act as an amend- We would be pleased to answer any ques- broader provisions for limited incum- ment during Senate consideration of S. tions that you may have and greatly appre- bent—that is newer and usually small- 82, the Senate companion bill. Our ciate your continued support for strong law er airlines to provide additional, often amendment was accepted by unani- enforcement. The Office of Management and competitive service which will hope- Budget has advised us that, from the per- fully result in lower fares and improved mous consent. I thank Senator spective of the Administration’s program, MCCAIN, the Chairman of the Senate there is no objection to the submission of service in many markets. The final Commerce Committee, and Senator this legislation proposal, and that its enact- provisions are not as broad as Senator HOLLINGS, the Ranking Member of the ment would be in accord with the problem of GRASSLEY and I initially proposed. But Committee, for holding the Senate po- the President. they are a genuine and substantial im- sition in conference with minor revi- Sincerely, provement. This will help stimulate in- sions and, thus, including our amend- JANET RENO, creased competition and lower ticket ment in the final bill. Attorney General. prices. Unfortunately, at LaGuardia, RODNEY E. SLATER, smaller airlines will not be able to es- I look forward to President Clinton Secretary of Transportation. tablish service between their hubs and signing the Aircraft Safety Act of 2000 WILLIAM S. COHEN, into law as part of the conference re- Secretary of Defense. LaGuardia. The number of flights to port on the Air Transportation Im- DANIEL S. GOLDIN, O’Hare by newer airlines is limited. provement Act, H.R. 1000. Administrator, NASA. But, the measure provides some real EXHIBIT 1 Mr. HARKIN. Mr. President, I am opportunities to newer often low cost very pleased with the provisions of the OFFICE OF THE ATTORNEY GENERAL carriers during the phase in period. Washington, DC conference report concerning slots that The measure allows a carrier to es- Hon. ORRIN G. HATCH, provide for a two-step process for the tablish new service to O’Hare without Chairman, Committee on the Judiciary, U.S. elimination of airline slots, landing any restriction starting in May so long Senate, Washington, DC. and take off rights at O’Hare, Kennedy, as the new service is with aircraft with DEAR MR. CHAIRMAN: Enclosed is proposed and LaGuardia Airports. Senator fewer than 70 seats. Cities like Sioux legislation, ‘‘The Aircraft Safety Act of GRASSLEY and I proposed a similar City in Iowa and other small and me- 1999.’’ This is part of the legislation program method for the elimination of slots at dium sized cities around O’Hare will of the Department of Justice for the first session of the 106th Congress. This legisla- those three airports over a year ago. hopefully be able to see service to tion would safeguard United States aircraft, I am very pleased that we have been O’Hare, important to many businesses space vehicles, passengers, and crewmembers able to work closely with Chairman and those cities economy. And, an air- from the dangers posed by the installation of MCCAIN, Senator ROCKEFELLER, Sen- line can also increase the frequency of nonconforming, defective, or counterfeit ator HOLLINGS, and others on the devel- service to smaller cities so long as air- parts in civil, public, and military aircraft. opment of this proposal. I am proud of craft with fewer than 70 seats are used. During the 105th Congress, similar legisla- the support that we have received from Recently, Burlington IA, was facing tion earned strong bi-partisan support, as a majority of the attorneys general led the loss of an important round trip to well as the endorsement of the aviation in- by Iowa’s own Attorney General Tom dustry. O’Hare purely because of the slot rule. The problems associated with fraudulent Miller. The U.S. Department of Trans- The Quad Cities lost service by Amer- aircraft and spacecraft parts have been ex- portation deserves special praise for its ican Airlines last year because, in part, plored and discussed for several years. Unfor- initiative calling for the elimination of a limited number of slots were avail- tunately, the problems have increased while the anticompetitive slot rule that was able. There is some chance that both the discussions have continued. Since 1993, the starting point of our proposal. decisions may be reversed now that federal law enforcement agencies have se- Chairman SHUSTER and the House also slot restrictions will no longer impact cured approximately 500 criminal indict- deserve considerable praise for their those decisions. ments for the manufacture, distribution, or proposal to eliminate the slot rule at Timing of service to smaller cities installation or nonconforming parts. During the same period, the Federal Aviation Ad- these airports last June. will be more efficient and carriers will ministration (FAA) received 1,778 reports or I want to especially commend Chair- be able to increase their frequency. I suspected unapproved parts, initiated 298 en- man MCCAIN and his staff for working am very pleased that the conferees ap- forcement actions, and issued 143 safety no- so closely with us on this issue. He held proved a two for one rule, giving an ad- tices regarding suspect parts. a field hearing in Des Moines on April ditional slot to airlines that upgrade To help combat this problem, an inter- 30 last year to hear firsthand how the an existing round trip turbojet service agency Law Enforcement/FAA working current system effects small and me- to smaller cities with a regional jet. group was established in 1997. Members in- dium-sized cities. He has worked hard This provides an incentive to provide clude the Federal Bureau of Investigation (FBI); the Office of the Inspector General, to move forward a proposal which I be- improved service to smaller cities Department of Transportation; the Defense lieve will significantly increase com- when it makes sense to do it. Criminal Investigative Service; the Office of petition. That was not an easy task. In the final step, after a shorter pe- Special Investigations, Department of the I also want to especially thank Sen- riod than I would like at O’Hare and a Air Force; the Naval Criminal Investigative ator ROCKEFELLER and his staff for longer period than I think is best at S1262 CONGRESSIONAL RECORD — SENATE March 8, 2000 the New York Airports, the slot rules Carolina. The Department of Profes- operating self-sufficiency. Because of would be ended at O’Hare, Kennedy, sional Aviation at Louisiana Tech is this I want to make it clear that I’m and LaGuardia Airports. In both cases one of the University’s most successful voting for this FAA reauthorization I am hopeful that competitive airlines departments. With the expansion of the bill with the understanding that the might get a change to establish a foot- aviation industry in this nation, the Majority Leader, Senator LOTT, and hold and smaller cities would have es- University has been in the process of the Minority Leader, Senator DASCHLE, tablished better service that will con- expanding the physical infrastructure have made assurances that they will tinue in the long term. for the Department of professional protect Amtrak from budgetary Access to affordable air service is es- Aviation. threats that may follow from this leg- sential to efficient commerce and eco- A new $6 million instructional facil- islation. nomic development. Americans have a ity has recently been constructed on Mr. BENNETT. Mr. President, I am right to expect it. Airports are paid for the campus and the University will very supportive of the conference by the traveling public through taxes also construct a new flight operations agreement provisions which allow ex- and by fees charged by the Federal facility at Ruston Regional Airport. emptions to the current perimeter rule Government and local airport authori- While the State of Louisiana and the at Ronald Reagan Washington National ties. University have financed the cost of Airport. I commend Chairman MCCAIN Unfortunately, when deregulation building these new facilities, the Uni- and leadership on creating a process came along in 1978, there was no effec- versity is hopeful that it can receive which I believe fairly balances the in- tive framework put in place to deal federal assistance for the purchase of terests of Senators from States inside with anticompetitive practices. Many newer and safer equipment, such as the perimeter and those of us from of these practices have become busi- new single-engine aircraft, a multien- western States without convenient ac- ness as usual. The result has been in- gine training aircraft, and a multien- cess to Reagan National. creased air fares and decreased service gine turbine simulator. I have been involved and supportive to mid-size and small communities. As we consider this FAA reauthoriza- of the effort to open up Reagan Na- The slot rule, originally put in place tion bill, I would like to know whether tional since the legislation was first in- because of the limitations of the air this is something that would be appro- troduced. While I would have preferred traffic control system has been an ef- priate for receiving financial support to eliminate the perimeter rule alto- fective competition. The DOT, improp- from the FAA in the form of competi- gether or have more slots available for erly, I believe, literally gave the right tive grant funding as part of its univer- improved access to the West, the final to land and take off to those who used sity research and air safety programs? agreement includes 12 slots. I want to these airports on January 21, 1986. That I hope that grant funding for this reiterate that these limited exemp- effectively locked in the current users project can be obtained from the FAA. tions must benefit citizens throughout of those airports and locked out effec- Mr. HOLLINGS. I appreciate the gen- the West. Having said that, this same tive competition. It gave away a public tleman’s comments and want to work limited number of exemptions must resource. Finally, this bill phases out with him and the FAA on this project. not be awarded solely or disproportion- the slot rule and its anti-competitive Let me say to the gentleman that I ately to one carrier or one airport. I effects and its negative effects on will work with him to determine what expect that the DOT will ensure that smaller communities. Lastly, I wanted to say a few words options may be available to Louisiana the maximum number of cities benefit about the budget. Our airways system Tech with respect to this matter. from these 12 slots. I am particularly has some very real problems. Capacity Mr. BREAUX. I appreciate that clari- concerned that small and mid-size is limited. There are many pressure fication. communities in the West, especially in Mr. BIDEN. Mr. President, I rise points that create bottlenecks, slowing the northern tier have improved access today to make a few remarks con- down traffic. We need more gates, more through hubs like Salt Lake City. cerning the FAA reauthorization bill runways and taxiways. We need better These limited exemptions to the pe- that is currently before the Senate. Al- equipment and computers as well as rimeter rule from hubs like Salt Lake additional flight controllers in order to though I will vote in support of the City will improve service to the Na- increase the capacity of the system at bill, I feel compelled to express my res- tion’s capital for dozens of western cit- a number of points. Long delays at our ervations concerning the mandatory ies beyond the perimeter—while ensur- nations airports decrease the efficiency budgetary provisions that are included ing that cities inside the perimeter are of our entire economy. This bill does in this conference agreement. It should not adversely impacted by new service. provide for considerable increases in be understood by all here today that This is a fair balance which is con- funds. these provisions should not be used to sistent with the overall intent of the While many very necessary things reduce funding for other essential bill to improve air service to small and are costly, some of the things that can transportation programs, most impor- medium-sized cities. be done with the airways systems do tantly Amtrak. Throughout this bill, the goal has not cost large sums. For example, if pi- I realize the importance of passing been to improve air service for commu- lots received written comments from this legislation that provides necessary nities which have not experienced the flight controllers rather than verbal funding for aviation programs over the benefits of deregulation to the extent commands, the efficiency of the system next three years. This bill has been a of larger markets. The provision relat- would improve and the chance of errors long time coming and I understand it ing to improve access to Reagan Na- would decrease. But, the culture of the has been carefully and diligently craft- tional Airport is no different. Today, system is slow to change. This step is ed between the conferees. I believe we passengers from many communities in now moving toward a multiyear test need additional funding for the im- the West are forced to double or even and then a multiyear implementation. provement of our airports and to per- triple connect to fly to Reagan Na- Changes like this one should be imple- mit us to take advantage of the best tional. My goal is to ensure that not mented more quickly. technologies to improve passenger just large city point-to-point service If we are able to provide the consider- safety. will benefit, but that passengers from able increases in funding the airways However, I don’t believe that other all points west of the perimeter will system needs and for which this bill transportation programs such as Am- have better options to reach Wash- provides, we must see reasonable levels trak should suffer as a result of the ington, DC, via Ronald Reagan Wash- of funding for domestic discretionary budgetary agreement that has been in- ington National Airport. This provi- spending over the coming years or the cluded in this bill. I have long been a sions is about using this restricted ex- sums provided in this measure are not supporter of Amtrak and am dedicated emption process to spread improved ac- likely to occur. to making sure that the Federal Gov- cess throughout the West—not to limit LOS ANGELES TECH DEPARTMENT OF ernment lives up to its promise to pro- the benefits to a few large cities which PROFESSIONAL AVIATION vide Amtrak with sufficient support to already have a variety of options. Mr. BREAUX. I wish to enter into a preserve passenger rail service in this Let me be clear, according to the lan- colloquy with the Senator from South country and enable Amtrak to reach guage contained in this provision, if March 8, 2000 CONGRESSIONAL RECORD — SENATE S1263 the Secretary receives more applica- CONRAD BURNS. the qualities and values that many tions for additional slots than the bill CRAIG THOMAS. park units were established to pro- allows, DOT must prioritize the appli- MIKE CRAPO. mote. cations based on quantifying the do- MAX BAUCUS. Air tour operators often provide im- mestic network benefits. Therefore, Mr. AKAKA. Mr. President, I rise in portant emergency services while en- DOT must consider and ward these lim- support of H.R. 1000, the Air Transpor- hancing park access for special popu- ited opportunities to western hubs tation Improvement Act. This measure lations like the physically challenged which connect the largest number of will enhance the safety and efficiency and older Americans. Furthermore, air cities to the national air transpor- of our air transportation system, upon tour operators offer an important tation network. In a perfect world, we which the island state of Hawaii de- source of income for local economies, would not have to make these types of pends upon so much. I am especially notably tourism-dependent areas such choices and could defer to the market- supportive of title VIII, the National as Hawaii. However, unregulated over- place. This certainly would be my pref- Parks Air Tour Management Act of flights have the potential to harm park erence. However, Congress has limited 2000. ecologies, distress wildlife, and impair the number of choices thereby requir- Mr. President, title VIII of H.R. 1000 visitor enjoyment of the park experi- ing the establishment of a process establishes a comprehensive regulatory ence. Unrestricted air tour operations which will ensure that the maximum framework for controlling air tour also pose a safety hazard to air and number of cities benefit from this traffic in and near units of the Na- ground visitors alike. change in policy. tional Park System. This legislation It is therefore vital that we develop a Again, Mr. President, I would like to requires the Federal Aviation Adminis- clear, consistent national policy on commend the chairman and his col- tration, in cooperation with the Na- this issue, one that equitably and ra- leagues for their efforts to open the pe- tional Park Service and with input tionally prioritizes the respective in- rimeter rule and improve access and from stakeholders, to develop an air terests of the aviation and environ- competition to Ronald Reagan Wash- tour management plan, known as mental communities. Congress and the ington National Airport. As a part of ATMP’s, for parks currently or poten- Administration have struggled to de- my statement I would like to include tially affected by air tour flights. velop such a policy since enactment of in the RECORD a letter sent to Chair- The ATMP process evaluates routes, the National Parks Overflights Act of man MCCAIN on this matter signed by altitudes, time restrictions, limita- 1987, Congress’ initial, but limited, at- seven western Senators. tions on, and other operating param- tempt to address the overflights issue. There being no objection, this letter eters to protect sensitive park re- Title VIII of H.R. 1000 will finish where was ordered to be printed in the sources and to enhance the safety of the 1987 act left off, providing the FAA RECORD as follows: air tour operations. An ATMP could and Park Service with the policy guid- prohibit air tours at a park entirely, U.S. SENATE, ance and procedural mechanisms that 1 Washington, DC, August 23, 1999. regulate air tours within ⁄2 mile of are essential to balance the needs of air Hon. JOHN MCCAIN, park boundaries, regulate air tour op- tour operators with the imperative to Chairman, Committee on Commerce, Science, erations that affect tribal lands, and preserve and protect our natural re- and Transportation, offer incentives for the adoption of sources. Washington, DC. quieter air technology. Mr. President, the overflights provi- DEAR CHAIRMAN MCCAIN: We are writing to H.R. 1000 also creates an advisory sions of this bill are the product of commend you on your efforts to improve ac- group comprised of representatives of good faith efforts on the part of many cess to the western United States from Ron- the FAA, the Park Service, the avia- ald Reagan Washington National Airport. We groups and individuals. They include support creating a process which fairly bal- tion industry, the environmental com- members of the National Parks Over- ances the interests of states inside the pe- munity, and tribes to provide advice, flights Working Group, whose con- rimeter and those of western states without information, and recommendations on sensus recommendations from the convenient access to Reagan National. overflight issues. underpinnings of this legislation; rep- These limited exemptions to the perimeter Through the ATMP process, this bill resentatives of air tour and environ- rule will improve service to the nation’s cap- treats overflights issues on a park-by- mental advocacy organizations such as ital for dozens of western cities beyond the park basis. Rather than a one-size-fits- Helicopter Association International perimeter—while at the same time ensuring all approach, the legislation estab- that cities inside the perimeter are not ad- and the National Parks and Conserva- versely impacted by new service. This is a lishes a fair and rational mechanism tion Association; and, officials of the fair balance which is consistent with the through which environmental and avia- FAA and Park Service. overall intent of the bill to improve air serv- tion needs can be addressed in the con- However, title VIII is above all the ice to small- and medium-sized cities. text of the unique circumstances that product of the energy and vision of The most important aspect of your pro- exist at individual national parks. Senator JOHN MCCAIN. As the author of posal is that the Department of Transpor- I am pleased that this procedural ap- the 1987 National Parks Overflights tation must award these limited opportuni- proach, in addition to requirements for Act, Senator MCCAIN was the first to ties to western hubs which connect the larg- meaningful public consultation and a recognize the adverse impacts of air est number of cities to the national trans- mechanism for promoting dialog portation network. In our view, this stand- tours on national parks, and the first ard is the cornerstone of our mutual goal to among diverse stakeholders, mirrors to call for a national policy to address give the largest number of western cities im- key elements of legislation, the Na- this problem. Since then, he has em- proved access to the Nation’s capital. We tional Parks Airspace Management ployed his moral authority and legisla- trust that the Senate bill and Conference re- Act, that I sponsored in several pre- tive skills to advance a constructive port on FAA reauthorization will reaffirm vious Congresses. solution on this subject. For his leader- this objective. Mr. President, adoption of this bill is ship in writing this bill and for his long In a perfect world, we would not have to essential if we are to address the detri- advocacy of park overflight issues, make these types of choices. These decisions mental impact of air tour activities on would be better left to the marketplace. Senator MCCAIN deserves our lasting However, Congress has limited the ability of the National Park System effectively. appreciation. the marketplace to make these determina- Air tourism has significantly increased Mr. President, I am honored to have tions. Therefore, we must have a process in the last decade, nowhere more so worked closely with Senator MCCAIN which ensures that we spread improved ac- than over high profile units such as the over the last few years to formulate an cess to Reagan National throughout the Grand Canyon, Great Smoky Moun- overflights bill that promotes aviation West tains, and Haleakala and Hawaii Volca- safety, enhances the viability of legiti- We look forward to working with you as noes national parks. A 1994 Park Serv- mate air tour operations, and protects the House and Senate work to reconcile the ice study indicated that nearly a hun- national parks from the most egregious differences in the FAA reauthorization bills. Sincerely, dred parks experienced adverse park visual and noise intrusions by air tour ORRIN G. HATCH. impacts, and that number has cer- helicopters and other aircraft. Left un- ROBERT F. BENNETT. tainly increased since then. Such checked, air tour activities can under- LARRY E. CRAIG. growth has inevitably conflicted with mine the very qualities and resources S1264 CONGRESSIONAL RECORD — SENATE March 8, 2000 that give value to a park. I believe that to Billings, MT and another 120 waiting ment perfectly clear. There are three the pending measure reasonably and to go to San Francisco but only one areas which I want to address. First, I prudently balances these sometimes plane is available, the flight to Billings am grateful to the conferees for the in- opposing considerations, and urge my will be canceled. For the Airlines, its clusion of my amendment delinking colleagues to support this legislation. simple. It costs less to put 30 people up federal Airport Improvement Program Before I conclude my remarks, Mr. in a hotel and send them on to Billings (AIP) funds to Reagan National and President, I would like to recognize the the next day than it does to send 120 Dulles International Airports to the staff of the Commerce Committee for California-bound people to a hotel. confirmation of federal appointees to their hard work in putting this legisla- That is wrong. If flights are canceled the Metropolitan Washington Airports tion together. Ann Choiniere deserves for economic or other reasons, pas- Authority (MWAA). This provision en- mention for her day-to-day manage- sengers deserve to know the truth. It sures the release of $144 million to ment of the overflights issue. I would will also allow them to shop around for allow for critical safety and moderniza- also like to recognize former members the airline that has the best perform- tion plans to go forward. Second, I of my own staff, Kerry Taylor, Bob ance record. When you only have a cou- want to express my regret that the pro- Weir, Steve Oppermann, and John ple of flights into a town, as is the case vision raising the Passenger Facility Tagami, who made important contribu- with much of rural America, cancella- Charges (PFC) was included as part of tions to this issue. Steve in particular tions are not just an inconvenience. the conference agreement. Lastly, it has served as an expert resource whose There is an economic impact as well. was my strong preference that no new tireless, and largely unheralded con- As my home state of Montana, and additional flights be allowed into and tribution has shaped the overflights de- our neighbors in North and South Da- out of Reagan National Airport. De- bate in a major way. kota, Wyoming and Idaho can attest, spite my opposition, it was the will of Thank you, Mr. President. I yield the what business is going to relocate to an the Congress to increase the number of floor. area where flight service is not reli- slots at Reagan National. I will con- Mr. BAUCUS. Mr. President, I rise able? tinue to oppose any increase in the today to support the conference report Right now, Montana’s economy needs number of flights at Reagan National. on Federal Aviation Reauthorization. I work. Our state ranks near the bottom I am pleased with the inclusion of my am pleased that Congressional nego- of per-capita individual income. Other amendment to give Reagan National tiators have reached an agreement pro- measures of economic progress are also and Dulles International Airports equi- viding needed resources and invest- pretty low. Reliable air service doesn’t table treatment under Federal law that ment for the federal aviation programs, guarantee economic growth. But with- is enjoyed today by all of the major while maintaining budgetary dis- out it, workers and employers alike commercial airports. cipline. have a difficult burden to bear. As you know, Congress created the That is why I am pleased that the The final agreement maintains the MWAA Board of Directors and charged conference report contains a version of FAA on-budget status but insures that the Senate with the duty of confirming my amendment to require air carriers the money in the Trust Fund will be three federal appointments. In addition to more fully disclose the cause of spent only on aviation programs. The to the requirement that the Senate delays. The conference report creates a agreement provides a strong and en- confirm the appointees, the statute task force that will modify Airline forceable guarantee to ensure that contains a punitive provision which de- Service Quality Performance Reports FAA appropriations will be no less nies all federal AIP entitlement grants to reflect the reasons for such delays than the amounts paid annually into and the imposition of any new pas- and cancellations, such as snow the Trust Fund. The final agreement senger facility charges (PFC) to Dulles storms, mechanical difficulties or eco- also permits the use of general funds International and Reagan National if nomic reasons, like the one I just men- the appointees were not confirmed by for aviation programs subject to the tioned. This task force will consist of normal appropriation process. This October 1, 1997. representatives of airline consumers As the current law forbids the FAA combination of Trust Fund and general and air carriers. from approving any AIP entitlement fund revenue will help to ensure that Currently, the ten largest airlines grants for construction at the two air- much needed construction and mainte- have to report monthly to the Depart- ports and from approving any PFC ap- nance are carried out as part of our na- ment of Transportation all flights that plications, these airports have been de- tion’s aviation program. are more than 15 minutes late to and nied access to over $144 million. Part of the agreement reached by the from the 29 U.S. airports that make up These are funds that every other air- conferees includes a provision which at least 1 percent of the nation’s total port in the country receives annually addresses what I believe is a com- domestic scheduled-service passenger and are critical to maintaining a qual- plicated and growing problem—flight enplanements. This statistic includes ity level of service and safety at our delays and cancellations. cancellations. My provision will broad- Nation’s airports. Unlike any other air- The problem is not that delays and en this reporting so that more pas- port in the country, the full share of cancellations occur. Airlines must sengers will have this information. federal funds have been withheld from maintain a tight schedule and that I realize that simply reporting the Dulles and Reagan National for nearly schedule can be greatly affected by reason will not stop the practice of de- three years. weather or equipment problems. laying flights or canceling them for These critically needed funds have For travelers, it is a mystery wheth- economic reasons. Airlines are a busi- halted important construction projects er these delays and cancellations are ness. An industry. As such, they must at both airports. Of the over $144 mil- caused by weather, equipment prob- make business decisions that will keep lion that is due, approximately $161 lems, or economic convenience. Nobody their operation in the black. million will fund long-awaited con- knows. The airlines don’t have to tell But, if airlines have to start report- struction projects and $40 million is you. After you finally reach your des- ing the reasons for missed connections needed to fund associated financing tination, there’s a good chance that and disrupted lives, consumers can costs. you’ll never know why you were start making their own choices about I respect the right of the Senate to stranded thousands of miles from home which airline to fly. In the end I hope exercise its constitutional duties to or why you missed that important this information will lead to more de- confirm the President’s nominees to business meeting. pendable service around the country, important federal positions. I do not, But flights also are canceled or de- but especially in rural America. however, believe that it is appropriate layed for economic reasons, not just Mr. WARNER. Mr. President, I thank to link the Senate’s confirmation proc- mechanical or weather-related prob- the conferees for their hard work and ess to vitally needed federal dollars to lems. And when these economic delays diligent effort to accommodate the operate airports. and cancellations occur, it’s usually wide range of interests on this long- This amendment would not remove rural America that gets the short end awaited legislation. the Congress of the United States, and of the stick. For instance, if there are I take this opportunity to make my particularly the Senate, from its ad- 40 people in Denver waiting for a flight position on the FAA conference agree- vise-and-consent role. It allows the March 8, 2000 CONGRESSIONAL RECORD — SENATE S1265 money, however, which we need for the a 1920 shipping law known as the Death cates. I would also like to thank Dan modernization of these airports, to on the High Seas Act, which was origi- Renberg and Mark Carmel of my staff, flow properly to the airports. These nally intended to apply to the widows who worked tirelessly on behalf of all funds are critical to the modernization of seafarers, not the relatives of jumbo- the victims’ families. Finally, I would program of restructuring them phys- jet passengers who have perished dur- like to thank my colleagues, Chairman ically to accommodate somewhat larg- ing international air travel. SHUSTER, Chairman MCCAIN, Senator er traffic patterns, as well as do the The Death on the High Seas Act HOLLINGS and Senator GORTON for necessary modernization to achieve states that where the death of a person working with Representative SHER- safety-most important, safety-and is caused by wrongful act, neglect, or WOOD and myself to address this mat- greater convenience for the passengers default occurring more than one ma- ter. using these two airports. rine league—three miles—from U.S. This issue is not about large damage Mr. President, my amendment is shores, a personal representative of a awards. It is about ensuring access to aimed at ensuring that necessary safe- decedent can only sue for pecuniary justice and clarifying the rights of ty and service improvements proceed loss sustained by the decedent’s wife, families of victims of plane crashes. at Reagan National and Dulles and I child, husband, parent, or dependent While nothing can ever completely am pleased with its inclusion. relative. Therefore, the families of the take away the pain and grief felt by Secondly, I wanted to express my victims of aviation accidents, such as those who lost loved ones in these trag- profound regret that the conference TWA 800, Swissair 111 and EgyptAir edies, I am hopeful that the victims’ agreement includes any increase in 990, all of which occurred more than families are comforted with the knowl- PFC charges. three miles offshore, were precluded edge that some measure of fairness has The current PFC cap is set at $3 per from recovering non-pecuniary dam- been restored and the American civil airport and passengers can easily pay a ages such as loss of society or punitive justice system is now more accessible. Mr. LOTT. Mr. President, I rise to total of $12 in taxes on a round trip damages, no matter how great the recognize the importance of today’s flight. Already, airline passengers are wrongful act or neglect by an airline or passage of H.R. 1000, the Wendell H. subjected to a 7.5% federal excise tax, airplane manufacturer. Ford Aviation Investment and Reform the $12.40 per passenger excise tax on In the 105th Congress Representative Act for the 21st Century. Today is a air passenger arrivals, as well as the 4.3 McDade and I introduced legislation to great day for rural America’s air pas- cents per gallon Aviation Trust Fund remove the application of the Death on sengers. This legislation will bring tax on aviation jet fuel. Airline pas- the High Seas Act from aviation inci- much needed air service to under sengers can pay as much as 40% of dents. Our legislation was not enacted served communities throughout the their total ticket cost just in taxes. into law, and in the 106th Congress, Nation. It will also grant billions of Providing better airport facilities is Representative SHERWOOD and I again dollars in federal funds to our Nation’s imperative but raising PFCs in order to reintroduced this measure. The House airports for upgrades, through the Air- guarantee a revenue stream for avia- bill, H.R. 603, passed by an over- port Improvements Program (AIP). tion is like flying a jet plane with less whelming margin and was incorporated Senator SLADE GORTON, Chairman of than adequate destination fuel. You’ll into the House FAA reauthorization the Committee on Commerce, Sub- get off the ground but it will come at bill. The Senate version of the FAA bill committee on Aviation, is to be com- great cost. included a provision allowing victims’ mended for his superb leadership on Lastly, the conference agreement in- families to recover non-pecuniary dam- this complex and contentious measure. cludes a provision that will allow for ages, but with a cap of $750,000, which I My friend and colleague from the State an increase of 12 flights at Reagan Na- opposed. of Washington proved himself pivotal tional Airport. The original Senate On October 18, 1999, I was successful earlier during floor consideration of language included an unacceptable and in convincing 15 of my colleagues to the Senate bill and during the con- astonishing number of 48 takeoffs and join me in a letter to Chairman MCCAIN ference with the other body on this landings. I fought very hard to stem urging the Senate to accept the House bill. Together with Chairman DOMEN- the tide as I had innumerable environ- provision in conference. Representative ICI, Chairman STEVENS, and Senator mental, clean-air and local control SHERWOOD and I also worked closely HOLLINGS, their joint efforts moved concerns and am appreciative the con- with Chairman SHUSTER and his staff this bill to today’s passage. ferees agreed to scale back the number to press our case before the conferees. Rural Americans are the biggest win- of additional slots to a less egregious I am very pleased that the final pro- ners with the passage of H.R. 1000. Citi- number. In crafting this agreement, I vision agreed upon in the FAA reau- zens of small and under served commu- strongly urge my colleagues in the thorization conference report accom- nities can look forward to the day Senate not to open future discussion on plishes the primary goal of our free- when they no longer have to travel this matter without appropriate def- standing legislation by extending the hundreds of miles and several hours to erence being made to my constituents territorial seas of the United States board a plane. This legislation provides in Virginia. from three to twelve miles for the pur- incentives to domestic air carriers and Mr. SPECTER. Mr. President, I have pose of aviation accidents after July 16, their affiliates to reach out to these sought recognition today to highlight 1996. This effectively removes TWA people and serve them conveniently an important provision in the Federal 800—which crashed roughly ten miles near their homes. Many Americans will Aviation Administration reauthoriza- offshore—from coverage under the be able to travel a reasonable distance tion conference report which provides Death on the High Seas Act. In addi- to gain access to our Nation’s skies more equitable treatment for families tion, while the Death on the High Seas and, from there, anywhere they wish to of passengers involved in international Act will still apply to other aviation go. aviation disasters. accidents which occurred beyond Mr. President, I also applaud the The devastating crash of Trans World twelve miles, such as Swissair 111 and hard work of Senator FRIST of Ten- Airlines Flight 800 on July 17, 1996 took EgyptAir 990, non-pecuniary damages nessee, Senator ABRAHAM of Michigan, the lives of 230 individuals. Perhaps the will now be recoverable for the first and Senator ASHCROFT of Missouri, all community hardest hit by this tragedy time. members of the Senate Commerce was Montoursville, PA, which lost 16 Our success in this matter would not Committee. Their dedication to the students and 5 adult chaperones who have been possible without the work of flying public helped move the FAA con- were participating in a long-awaited many, and I would particularly like to ference when agreements on conten- Montoursville High School French Club recognize the efforts of Hans tious aviation issues were not met. trip to France. Ephraimson-Abt, Frank Carven and They understand the delays, inconven- Last Congress it was brought to my Will and Kathy Rogers, all of whom ience, and headache their constituents attention by constituents, including have lost loved ones as a result of trag- must endure when flying—they get it. I parents of the Montoursville children edy in international air travel. These firmly believe that without the engage- lost on TWA 800, that their ability to individuals first brought this issue to ment of these three gentlemen the Sen- seek redress in court was hampered by my attention and served as able advo- ate would not be voting on H.R. 1000 S1266 CONGRESSIONAL RECORD — SENATE March 8, 2000 today. The people of Tennessee, Michi- ceiving long-sought air service. Also, Has a rollcall vote been ordered on gan, and Missouri should be extremely America’s airports will be enhanced. final passage? proud of their representation in Wash- This is good for all Americans. The PRESIDING OFFICER. It has ington. The PRESIDING OFFICER (Mr. not. The major policy changes in H.R. 1000 THOMAS). The Senator from Wash- Mr. GORTON. I ask for the yeas and led to hard fought, but honest disagree- ington. nays on final passage. ments. I have enormous respect for the Mr. GORTON. Mr. President, I think The PRESIDING OFFICER. Is there a efforts of Chairmen DOMENICI, STEVENS, we are quite close to the end of this de- sufficient second? and SHUSTER, as well as House Ranking bate. I wish to make only a few re- There is a sufficient second. Member OBERSTAR, as they diligently marks, primarily in response to those The yeas and nays were ordered. advocated for their committees’ juris- of the distinguished Senator from New Mr. GORTON. I think it appropriate dictions. One thing was abundantly Jersey, who spoke in opposition. to ask for 2 minutes prior to the vote clear during the FAA conference—my One reason this bill has taken so long at 5 p.m. for summary conclusions on colleagues recognized our Nation’s to come before the Senate in the final the bill, 1 minute on each side. aviation needs and made significant conference report was an objection I The PRESIDING OFFICER. Without commitments to increase aviation shared with the chairman of the Budg- objection, it is so ordered. funding. This honest debate and will- et Committee, Senator DOMENICI, the Mr. GORTON. How much time re- ingness to work together to achieve chairman of the Appropriations Com- mains? common goals is what makes it excit- mittee, Senator STEVENS, and the ma- The PRESIDING OFFICER. The Sen- ing to serve in Washington. jority leader to creating a new entitle- ator from Washington State has 2 min- Mr. President, I am extremely proud ment. utes remaining; the Senator from West of my colleagues. Since 1995, the Re- I do not believe, in the ultimate anal- Virginia has 71⁄2 minutes. publican majority has made infrastruc- ysis, this bill does create a new entitle- Mr. GORTON. I yield the floor. ture a top legislative priority. Two ment. It does say that all of the money The PRESIDING OFFICER. The Sen- years ago, my friends in the House and collected by the aviation passenger tax ator from West Virginia. Senate successfully led an effort to that has long been statutorily ear- Mr. ROCKEFELLER. Mr. President, I boost the amount of federal funding for marked toward aircraft, airport, and only make a couple of comments. I in- highway construction and improve- airline purposes ought to be spent on dicated this is the largest increase in ments. History will reflect that this that purpose. It does effectively guar- aviation spending in history. I did that Congress also deeply cared about our antee that trust fund will be spent for out of a sense of pride because of the Nation’s infrastructure. One of the the purposes it was created. That, it urgency of the situation we face. This main components of H.R. 1000 directs seems to me, is a good thing rather is not money which is being spent for the expense of all Airports and Airways than a bad thing. the sake of money; it is money being Trust Fund revenue and interest on The Senator from New Jersey is cor- spent so we will not walk into the dis- aviation needs. Trust Fund revenue rect in saying we will be required in aster we are now headed towards. and interest means that America’s air- the future, as I think we ought to be, I remind my colleagues—the delays, ports will get the improvements they to appropriate general fund money for the near misses, the pressure, the out- desperately need to take our aviation aircraft purposes in the broadest sense. dated equipment, the insufficient time infrastructure into the 21st Century. I suppose one can call that a subsidy to for preparation at work, salaries, Mr. President, no legislative initi- air travel. money for various purposes—we cannot ation is ever possible without the dedi- The Senator speaks of Amtrak. My take an air traffic control system or cated efforts of staff, and I want to figures indicate that the roughly 20 modernize an FAA in the way they take a moment to identify those who million Amtrak passengers each year want to do it, we cannot pay the many worked hard to get FAA legislation are subsidized by the general taxpayer thousands of people who work to keep through conference and to the Senate to the extent of $28 per passenger per it safe in this country, without spend- for approval. trip. Even if one assumed this bill ing money. From the Senate Committee on Com- would essentially require spending $2.5 It has been said a number of times merce, Science and Transportation: million a year on the Federal Aviation that the number of people who will be Marti Allbright; Lloyd Ator; Mark Administration in general fund moneys flying in this country will be a billion Buse; Ann Choiniere; Julia Kraus; Mi- over and above the trust fund, and even in less than 10 years. Cargo traffic on a chael Reynolds; Scott Verstandig; and if we attributed every one of those dol- worldwide basis, as well as in our coun- Sam Whitehorn. lars directly to the passengers of com- try, will increase exponentially. The From the Senate Committee on the mercial aircraft, which of course we number of planes flying in the skies Budget: Beth Felder; Bill Hoagland; should not, that would be roughly $4 a will increase by at least 50 percent in Mary Naylor; Barry Strumpf; and passenger, or one-seventh the amount less than 10 years. Think about that. Cheryle Tucker. of subsidy to rail passengers. We have the same number of runways; From the Senate Committee on Ap- The bottom line is that the Appro- we have 20- to 30-year-old computers propriations: Wally Burnett; Paul priations Committee still retains au- trying to figure out what altitudes the Doerrer; Peter Rogoff; and Mitch War- thority to shift funds among various planes are flying and figure out how to ren. capital accounts that are within the separate them; we look at all the dif- The following staff also participated trust fund and still allow for a direct ferent tracking systems we have in our on behalf of their Senators: Chrystn appropriation of whatever amount the aviation system and we would be em- Alston; Kerry Ates; Rich Bender; David Senate desires for general fund pur- barrassed to have that equipment in Broome; Bob Carey; Steve Browning; poses. It will make it more difficult our own Senate offices. It is a crisis. Jeanne Bumpus; John Conrad; Mar- not to come up to authorized levels, Therefore, it is a priority. We are talk- garet Cummisky; Brett Hale; Keith but it does not make it impossible. ing about the saving of American lives Hennessey; Ann Loomis; Randal We all agree that the needs of our air and lives across the world. Money must Popelka; Mitch Rose; Lisa Rosenberg; transportation system are emergent be spent. Greg Rothchild; Jim Sartucci; Lori and are large. This bill represents a It is not that other transportation is Sharpe; Brad Van Dam; and Andy major step forward to funding an ade- any less important. This Senator bene- Vermilye. quate amount and will still allow judg- fits enormously from the services of Mr. President, these individuals ments to be made between various Amtrak. An airplane crash does some- worked very hard on H.R. 1000, and the forms of transportation and other thing to the Nation’s psychology. It Senate owes them a debt of gratitude needs of the country in an appropriate can take 2 or 3 years for an airline to for their dedicated service to this coun- fashion. recover from an instant which costs try. This is a good bill, and I believe it lives. The economic impact and, most Mr. President, our Nation’s small ought to be passed with an overwhelm- importantly, the human impact and communities are a step closer to re- ingly affirmative vote. the pressure on people who run the March 8, 2000 CONGRESSIONAL RECORD — SENATE S1267 aviation system to prevent these The PRESIDING OFFICER. Objec- to spend 6 weeks in the hospital solely to re- things from happening, to have safe tion having been heard, under the rule, ceive intravenous antibiotics. To me, this skies, is absolutely overwhelming. It is the bill will be placed on the calendar. seems like a tremendous waste of money and Mr. MURKOWSKI. I thank the Chair. resources. The patient would be better at something which is not recognized suf- home. ficiently by the American people and The PRESIDING OFFICER. The Sen- What this case illustrates is exactly which we are, happily, recognizing in ator from Alaska is recognized. why we need, on a bipartisan basis—the this bill. Mr. MURKOWSKI. I thank the Chair. Snowe-Wyden legislation is one ap- The Secretary of the Department of (The remarks of Mr. MURKOWSKI per- proach; our colleagues may have other Transportation is happy with this bill taining to the introduction of S. 2214 ideas on how to do it—but this is a case and will recommend to the President are located in today’s RECORD under study on why it is so important to that he sign it. Jane Garvey, the FAA ‘‘Statements on Introduced Bills and cover prescription drugs for older peo- Administrator—somebody in whom I Joint Resolutions.’’) ple under Medicare. have an enormous amount of con- The PRESIDING OFFICER. The Sen- We are not talking about some ab- fidence, who has run Boston’s airport ator from Oregon. stract academic kind of analysis that by herself and knows the situation Mr. WYDEN. Mr. President, I ask comes from one of the think tanks here cold—is very much in support of this. unanimous consent to speak for up to in Washington, DC. This is a physician After all, we have not taken any- 10 minutes on the time allocated to in Hillsboro, OR, who had to put a pa- thing off budget. The aviation trust Senator DURBIN. tient, an older person, in a hospital for fund is still on budget. We have not The PRESIDING OFFICER. Without 6 weeks because they could not afford built any firewalls. We have acted in a objection, it is so ordered. to get their medicine on an outpatient responsible fashion. However, we have f basis. applied more money because this is a PRESCRIPTION DRUG A lot of our colleagues are here on particularly special crisis which, thank AFFORDABILITY the floor who are on the Commerce heavens, after a number of years, Con- Committee. We look at technology gress has finally recognized. Mr. WYDEN. Mr. President, I have issues at that Committee. The irony is, In my earlier remarks, I failed to come to the floor repeatedly over the we can save money, again, through the mention BUD SHUSTER in the House, last few months to talk about the im- use of new technology in health care. the chairman of their committee, and portance of prescription drug coverage The kind of treatment that would JIM OBERSTAR, dear friends of many under Medicare for the Nation’s senior have been best for this older person in years. What they and their colleagues citizens. Today I want to focus on how Oregon would have been through an have done is extraordinary. I think we the absence of this coverage essentially electronic delivery system the older have a superb bill. It is not a perfect undermines our entire health care sys- person could have used on their belt for bill, but it is, as in all things, the re- tem. a relatively short period of time had sult of compromise. I think, generally What we are seeing is that every day, Medicare covered that prescription the speaking, we have a bill of which to be in the United States, senior citizens older person needed. But because that extremely proud. I know the Senator who are ailing from a variety of health person could not get coverage for the from West Virginia believes that very problems end up getting sicker because antibiotics and use that electronic de- strongly. they are not able to afford their pre- livery system on an outpatient basis, Unless there are others who wish to scription medicine. Very often these which they could wear on their belt, speak, I hope our colleagues will vote seniors end up being hospitalized and they had to go into a hospital for 6 to pass this conference report when the needing vastly more expensive medical weeks. time comes this afternoon. services that are made available under Colleagues, we are going to hear a lot I yield back the remainder of my what is called Part A of the Medicare over this break from senior citizens time. program. and families about the importance of Mr. GORTON. Mr. President, I be- Today, I want to describe a case I re- this issue. I intend tomorrow, again, to lieve that uses the time of all the peo- cently learned about in Hillsboro, OR, come to the floor and discuss this mat- ple who wish to speak on the con- because it illustrates just how irra- ter. Senator DASCHLE has made it very ference report. I ask unanimous con- tional, how extraordinarily illogical, it clear to me, and talks about it vir- sent debate, other than the 2 minutes is to have a health care system for the tually every day, that he wants to have at 5 p.m., be concluded. Nation’s senior citizens that does not the Senate find the common ground. The PRESIDING OFFICER. Without cover prescription drugs. He wants Senators to come together objection, it is so ordered. An orthopedist from Hillsboro, OR, and deal with this on a bipartisan The PRESIDING OFFICER (Mr. recently wrote me that he actually had basis. The Snowe-Wyden legislation is HUTCHINSON). The Senator from Alas- to hospitalize a patient for over 6 one approach. Our colleagues have ka. weeks because the patient needed anti- other bills. Mr. MURKOWSKI. Mr. President, I biotics that they were not covered on The point is, let us make sure, in this ask unanimous consent I may speak in an outpatient basis. session of Congress, that in Arkansas, morning business for 12 minutes or Here you had a frail, vulnerable older in Washington, and in the State of Ne- thereabouts. person. The physician, and all the med- vada, we do not have older people hos- The PRESIDING OFFICER. Without ical specialists involved, believed that pitalized unnecessarily for 6 weeks be- objection, it is so ordered. person could be treated on an out- cause we have not come together as a f patient basis with antibiotics, but be- Senate to make sure they can get those cause there was not Medicare coverage medicines on an outpatient basis. MEASURE PLACED ON THE available on an outpatient basis—be- Science has given us cost-effective, CALENDAR—S. 2184 cause there was not the kind of cov- practical remedies for these people in Mr. MURKOWSKI. Mr. President, I erage Senator DASCHLE has been talk- need, remedies that will reduce suf- understand there is a bill at the desk ing about and Senator SNOWE and I fering and will reduce costs to tax- due for its second reading. have made available in the Snowe- payers. The PRESIDING OFFICER. The Wyden bipartisan legislation—because Let us come together, on a bipartisan clerk will report the bill by title. that coverage was not available to the basis, to make sure we do not adjourn The senior assistant bill clerk read as senior citizen in Hillsboro, OR, that without adding this important benefit follows: older person had to be hospitalized for to the Medicare program. A bill (S. 2184) to amend chapter 3 of title over 6 weeks. As I have made clear, I intend to 28, United States Code, to divide the ninth Here is what the doctor said to me: keep coming back to the floor of the judicial circuit of the United States into two This method of treatment [the preferred Senate until we, on a bipartisan basis, circuits. outpatient method of treatment] is cost ef- as Senator DASCHLE has suggested, Mr. MURKOWSKI. I object to further fective and is preferred by patients and doc- come together and get this important proceedings on this bill at this time. tors. In this case, the patient is condemned job done. S1268 CONGRESSIONAL RECORD — SENATE March 8, 2000 Mr. President, I yield the floor. a top priority. Last week, at my re- State and local governments, as the The PRESIDING OFFICER. The Sen- quest, the Commerce Committee sched- Pipeline Safety Act effectively does, ator from Washington. uled the first Senate hearing on the that they cannot require internal in- f topic of pipelines. spections of pipelines passing through The field hearing to address the Bel- their communities, under their schools ORDER OF PROCEDURE lingham incident and the State’s re- and homes and senior centers, when a Mr. GORTON. I ask unanimous con- sponse to it will be held in Bellingham, Federal requirement for internal in- sent that I be permitted to speak in WA, next Monday, March 13. spections is years overdue, strikes me morning business for not to exceed 10 I encourage my colleagues from the as the worst kind of Federal conceit. minutes. Senate Commerce Committee to come Amending the Pipeline Safety Act to Mr. BRYAN. Reserving my right to to Bellingham next Monday to hear relax Federal preemption and allow object, and I assure my colleague I will firsthand testimony from the families States to exceed minimum Federal not, I wonder if my colleague would be of the victims and from local officials safety standards was the first rec- amenable to a unanimous consent re- whose lives have been transformed by ommendation of Washington’s Fuel Ac- quest that following the 10 minutes the this tragedy. Theirs is a story which cident Team. Despite this rec- Senator is requesting, I be permitted 10 compels us to action. The families and ommendation, I understand that the minutes as well. I make that request the community will never forget what administration’s proposal for the reau- because unless I do so, at 11:30 I might happened last June 10, nor should we in thorization of the Pipeline Safety Act be precluded. Congress. It is our duty to take the les- will move in exactly the opposite direc- Mr. GORTON. I am delighted to. I sons learned in Bellingham and adopt tion, that is, it will propose to elimi- amend my unanimous consent request tougher safety measures that will nate even the vague authority under to include the request of the Senator allow us to prevent future tragedies. which the Office of Pipeline Safety has from Nevada. This hearing will, I hope, serve as appointed four States as its agents for The PRESIDING OFFICER. Without guide as we debate the reauthorization purposes of inspecting interstate liquid objection, it is so ordered. of the Pipeline Safety Act. And while a pipelines. Mr. GORTON. Mr. President, I ask number of the studies and operational The purported reason for further unanimous consent that I be added as a reviews commissioned after the acci- disempowering States is, I understand, cosponsor of S. 2004, the Pipeline Safe- dent are still incomplete, including OPS’s perception that a system of in- ty Act of 2000 introduced earlier this those of the National Transportation consistent standards is unsafe, OPS’s year by my colleague from Washington Safety Board, on the cause of the acci- perception that a system of incon- sistent standards is unsafe, and that State, Senator MURRAY. dent in Bellingham and the report of States already have their hands full The PRESIDING OFFICER. Without the General Accounting Office as to the with regulating intrastate pipelines, objection, it is so ordered. performance of the Office of Pipeline which are far more extensive than f Safety, other reviews are complete. Primary among these is the report of interstate lines. But what if the States PIPELINE SAFETY the Fuel Accident Prevention and Re- disagree with this attitude, which, in Mr. GORTON. I am here to address sponse Team, a task force convened by the absence of meaningful Federal standards is tantamount to saying that the issue of pipeline safety, an issue Governor Gary Locke and charged with ‘‘no standards are better than anything that people in most communities, cit- reviewing Federal, State and local laws ies, and towns do not concern them- States can come up with’’? and practices affecting pipeline acci- Yes, the interstate nature of some selves with unless, regretfully, a trag- dent prevention and response. A sig- pipelines gives the Federal Govern- edy occurs, such as the one that took nificant contributor to this report was ment the option of regulating them place in Bellingham, WA, last June. Mayor Mark Asmundson of Bel- and preempting States from doing so. The devastating liquid pipeline ex- lingham, whose efforts to learn from, If the Federal Government is not going plosion that rocked the city of Bel- educate others about, and rationally to do its job, however, why should we lingham and took the lives of three apply the lessons of that tragedy have prevent States from assuming responsi- young boys rightfully served as a been commendable. bility for something as important as wakeup call and focused our attention The Fuel Accident Team rec- pipeline safety? on the need for pipeline safety reform. ommended changes in law and practice To its credit, in response to the Bel- While pipelines continue to be the at the Federal, State, and local levels. lingham incident the Office of Pipeline safest means of transporting liquid It revealed that there is a lot that can Safety has proposed to complete a rule- fuels and gas, and though accidents be done by State and local officials making on ‘‘pipeline integrity’’ by the may be infrequent on the more than 2 that is not being done, particularly in end of this year. This rulemaking, million miles of mostly invisible pipe- the area of emergency preparedness, years overdue, is not only supposed to lines in the United States, Bellingham public education, and adoption of ap- address requirements for internal in- has shown us that pipelines do pose po- propriate set-back requirements to spection and the use of emergency flow tential dangers that we ignore at our keep development away from lines. The restriction devices in highly populated peril. Fuel Accident Team also found, how- and environmentally sensitive areas, In testifying on the Bellingham inci- ever, that at least with respect to but to adopt a systemic approach to dent before a House committee last interstate pipelines, State and local of- pipeline safety that focuses not just on fall, I commented that while Congress ficials are limited by Federal law from specific tests but on making sure that had an obligation substantively to re- regulating many of the safety aspects pipeline operators are accurately as- vise the Pipeline Safety Act in re- of these lines, and that only the Fed- sessing risks, collecting and properly sponse to the clarion call for Bel- eral Government can adopt or enforce analyzing relevant data, and exercising lingham, proposals for specific changes requirements for inspection, emer- sound judgment. Following the June 10 to the law seemed premature at that gency flow restriction devices, oper- accident last year, the city of Bel- time. State and local officials in Wash- ator training, leak detection, corrosion lingham conditioned the resumption of ington State, as well as citizens prevention, maximum pressure, and operations of a portion of the pipeline groups, environmentalists, and various other safety measures relevant to the on the Olympic Pipe Line Company’s Federal oversight bodies, were just be- safe construction, maintenance, and adherence to certain process manage- ginning to examine the accident and operation of pipelines. ment standards borrowed from OSHA its causes. While there may be good arguments regulations applicable to oil refineries. The Commerce Committee, of which that pipelines should be managed sys- This emphasis on a process manage- I am a member, has primary jurisdic- temically and why inconsistent State ment approach is, I believe, sound and tion over this bill in the Senate, and standards could erode rather than pro- should, I believe, be incorporated into last year I implored the chairman, Sen- mote safety, these arguments are fa- any new Federal safety standards. ator MCCAIN, and other committee tally undermined by the absence of Once meaningful Federal standards members to make the reauthorization meaningful Federal standards. To tell for pipelines are in place, debate about March 8, 2000 CONGRESSIONAL RECORD — SENATE S1269 whether or not safety is advanced by as well as the need for dynamic stand- with a multibillion-dollar expansion allowing States to adopt and enforce ards that advance with knowledge and and much traffic. stricter, but inconsistent standards, technology, I am sympathetic to the Today, the so-called perimeter rule is can begin. Even then, however, and cer- position that specific mandates may be defended on the basis of noise control tainly until then, I support the pro- necessary in the face of inaction on the in Northern Virginia and the sur- posals in the legislation cosponsored in part of OPS. Congress has repeatedly rounding area. That was not its histor- the House and Senate by all of the asked OPS to conduct rulemakings and ical justification. Now, the effect of the Washington delegation members to been ignored. As a consequence I can so-called perimeter rule is to preclude prescribe procedures for States to as- understand those who have lost pa- direct flights, nonstop, into Washing- sume greater authority in the regula- tience and are prepared to put specific ton’s National Airport from most of tion of pipeline safety. Both H.R. 3558 testing and operational prescriptions the country and all of the West. and S. 2004 would permit States to into Federal statute. As a historical insight, the original apply for more regulatory authority In addition to ensuring that OPS perimeter rule was 750 miles. Then, from the Department of Transpor- complies with years-old statutory man- when Russell Long became chairman of tation, which is charged with reviewing dates, I support the Inspector General’s the Senate Finance Committee, his the proposals to ensure that states recommendation that OPS act upon, congressional district was in New Orle- have the necessary resources and that either to reject or accept, the rec- ans, and the distinguished occupant of the Balkanization of pipeline regula- ommendations of the National Trans- the chair will not be surprised to learn tion will not degrade safety. portation Safety Board. I don’t pretend that the perimeter rule had some flexi- I look forward to working with my to know whether NTSB’s recommenda- bility then, and the length was ex- colleagues from Washington to ensure tions, that have been accumulating for tended so one could fly nonstop to New that the following principles, many of years, will advance safety. It is unac- Orleans. And later, when, I believe, Jim which are reflected in the current S. ceptable, however, that OPS should Wright became the Speaker, his con- 2004, are contained in the reauthoriza- simply ignore them. gressional district was the Dallas-Fort tion of the Pipeline Safety Act. Fourth, I have heard from citizens’ Worth area, so it was extended to 1,250 First, I support efforts to allow groups who support the creation of a miles, its current length. States greater authority to adopt and model oversight oil spill advisory panel My point is, there is nothing sac- enforce safety standards for interstate in Washington State. I see a real value rosanct about this rule. It makes no pipelines, particularly is light of the in creating such a body, and empow- sense in terms of safety. The Federal absence of meaningful Federal stand- ering it with meaningful authority to Aviation Administration has concluded ards. This increase in authority should comment on and influence State and there is no safety issue involved, and be accompanied by an increase in Federal action or inaction. Such an ad- the GAO has repeatedly asserted that grants to States to carry out pipeline visory panel can continue to focus the effect of the rule is anticompetitive safety activities. needed attention on the issue of pipe- and it has the effect of driving prices Second, I agree with Senator MURRAY line safety when the painful memory of up. that we need to improve the collection June 10 begins, for many, at the same Now, the debate in this Chamber fre- and dissemination of information time mercifully and regretfully, to quently echoes back and forth about about pipelines to the public and to fade. Government interference in the mar- local and State officials responsible for The PRESIDING OFFICER. The Sen- ketplace, meddling, arbitrary rules preventing and responding to pipeline ator’s time has expired. The Senator that restrict entry, rules that make it accidents. We also need to ensure that from Nevada. difficult for the private sector to re- operators are collecting information f spond to the market. I can’t think of a necessary accurately to assess risks better example of that than this so- and to respond. The public should be IN SUPPORT OF FAA CONFERENCE called perimeter rule. informed about where pipelines are lo- REPORT For that reason, I am particularly cated, what condition they are in, Mr. BRYAN Mr. President, I rise pleased to support this conference re- when they fail—we need to lower the today in support of the FAA conference port because one of the features in the threshold for reporting failures—and report which will be voted upon later conference report modifies the perim- why they fail. We should ensure that on this afternoon and to discuss one eter rule. It doesn’t eliminate it in its relevant information is gathered and particular feature of that report, the entirety, but it does permit 12 slots made available over widely accessible so-called perimeter rule. This is a rule that would be authorized to fly beyond means like the Internet. that is both arcane and archaic. It is the 1,250-mile perimeter, and that Third, in addition to providing an ex- anticompetitive and unnecessary. The means cities such as Las Vegas and plicit mechanism for States to seek ad- so-called perimeter rule is a rule, en- other major metropolitan areas in the ditional regulatory authority over acted by Congress in 1986, that pre- West will be able to compete for those interstate pipelines, Federal legisla- cludes any flight originating at Wash- routes. tion should adopt some mechanism for ington National Airport, the region’s It also contains a provision that spe- ensuring that meaningful standards for most popular airline destination for cifically recognizes new entrants into pipeline testing, monitoring, and oper- the Nation’s Capital, from flying non- the market. Many will recall that the ation are adopted at the national level. stop more than 1,250 miles from the Na- underlying premise of the deregulation Congress has directed the DOT to do tion’s Capital. That also includes any of the airline industry assumed there some of this in the past. But as the In- inbound flights to Washington Na- would be a number of new entrants spector General noted, some of the tional from a point that originates into the market. Unfortunately, by and rulemakings are years overdue. To the more than 1,250 miles from the Na- large, that has not occurred. New en- extent that lack of funding can ac- tion’s Capital. trants have had a particularly difficult count for some of the delay we should This perimeter rule was enacted by time entering into this market. It is a ensure sufficient appropriations to Congress in 1986. It might have had very competitive market, and indeed allow OPS to complete the necessary some historical justification. The ori- the survivability of those new entrants rulemakings and develop the tech- gin of the rule is based upon an at- has been very limited. So this par- nology needed to conduct reliable tests tempt to force additional air traffic ticular provision repeals, in part, the of pipelines. into Washington’s Dulles Airport, perimeter rule to permit 12 flights to While I am reluctant to have Con- which is some distance from the Na- fly beyond the 1,250 miles and to origi- gress, rather than experts, prescribe tion’s Capital and not as convenient. nate from a distance beyond that, specific testing and monitoring re- Whatever the historical rationale may thereby making nonstop service to the quirements, and while I fully appre- have been, I think anyone who has used West a possibility. ciate the need for flexible testing re- Washington’s Dulles Airport in recent It is my hope that among the com- gimes that recognize the differences years, as I do frequently, would testify munities that would be considered among pipelines facing variable risks that it is a fully operational airport would be Las Vegas, which is rapidly S1270 CONGRESSIONAL RECORD — SENATE March 8, 2000 expanding its air service. The commu- the marriage penalty tax across the I want to read—because I think these nity’s lifeblood is dependent upon tour- United States. This is it. The chart are so touching and important—state- ist travel. A great percentage of that is represents married couples, and we ments of people who are impacted by airline service, and a direct, nonstop don’t know how many children are in this. We continue to collect these service flight to one of the largest met- these families who are also effected. statements and letters from people be- ropolitan areas in the country, the We are talking about 25 million Amer- cause now people are calculating their Washington metropolitan area, would ican families who are affected across marriage penalty tax. I hope in the have an enormously powerful potential the country by this penalty. In Kansas, next week or so to have a chart saying: for new business for our community. we have 259,904 couples who are penal- OK. As you are watching this on TV, So it is my hope that colleagues will ized by this marriage penalty tax. figure your marriage penalty. Have support the conference report. I am not Again, for those who haven’t been this as one spouse’s income; there is unmindful of the fact that there are following the debate, all our proposal another spouse’s income; and here is controversial provisions in it. But the would do is level the playing field. It where it meets. That is your marriage modification of the perimeter rule is would say that if you are married, a penalty, the tax you pay. The average an important step in the right direc- two-wage-earner family, you will pay is $1,480. Some pay more, some less; tion. I salute the conferees for fol- the same in taxes as if you were two letting people know this is what they lowing the lead of the Senate Com- independent people living together; we are penalized and this is the tax they merce Committee, which specifically are not going to punish you, or fine are paying. included, at the request of myself and you, or penalize you for being married. Listen to some of the stories from others, the modification of the perim- The average tax these 25 million people around the country. This is eter rule. American couples pay additionally for Christopher from Fairfield, OH. This I yield the floor. the privilege of being married is $1,480. family said: f That is a lot of money. That is a lot of One of the biggest shocks my wife and I money to a lot of people. I hope we cut had when deciding to get married was how EXTENSION OF MORNING the tax and send that back to the mar- much more we would have to give to the gov- BUSINESS ried couples across this country and ernment because we decided to be married Mr. BROWNBACK. Mr. President, I say we are not going to penalize you rather than live together. It does not make anymore. That is what we are seeking sense that I was allowed to keep a larger por- ask unanimous consent that morning tion of my pay on a Friday and less of it on business be extended for 15 minutes. for this body to pass. The House of Representatives has al- a Monday with the only difference being that The PRESIDING OFFICER. Without I was married that weekend. ready done good work in this area. The objection, it is so ordered. That is to the point. f House of Representatives has passed a bill to provide marriage tax penalty re- This is from Andrew and Connie from ELIMINATION OF THE MARRIAGE lief for America’s families in the 15- Alexandria, VA. TAX PENALTY percent marginal tax bracket and to We grew up together and began dating eliminate the marriage penalty in the when we were 18. After dating for three years Mr. BROWNBACK. Mr. President, I we decided that the next natural step in our rise today to address an issue I have standard deduction. lives together would be to get married. I can- raised several times on the floor. I am I think the House bill is a good start- not tell you the joy this has brought us. I hopeful that this year, this body, will ing point for our discussion of the mar- must tell you that the tax penalty that was get a chance to deal with the marriage riage penalty reduction and elimi- inflicted on us has been the only real source penalty tax elimination. nation. Doubling the standard deduc- of pain that our marriage has suffered. Mr. President, Senators KAY BAILEY tion, increasing the width of the 15-per- I wish all marriages could be like cent bracket, and fixing the earned-in- HUTCHISON, JOHN ASHCROFT, and I have that—that the only source of pain is been pushing for some period of time come tax credit where the marriage the Tax Code. Is that a pain we should for the elimination of the marriage penalty exists will eliminate or reduce inflict on them? Is that something we penalty tax; and it is truly that—a pen- the marriage penalty for all families. should do to this married couple? They alty tax on marriage. This body will It still doesn’t get rid of it. The Mar- say: We are getting along pretty good. have a chance to address this issue riage Penalty appears in over 60 dif- The only real pain is the Federal Tax ferent places in the Tax Code. shortly. The Finance Committee of the Code and the tax penalty we are pay- Down the road I hope we can get to a Senate will consider this issue in the ing. discussion of sunsetting the entire Tax near future. They will be marking up I don’t think that is a good signal to Code and going to a flatter, fairer, and send. the bill to eliminate one area of the In- simpler system. I know the Presiding ternal Revenue Code where the mar- This is Andrew from Greenville, NC, Officer has led the charge on doing pre- who writes: riage penalty tax occurs. It will then cisely that. It is clearly something we It is unfortunate that the government come before this body, I am told, I be- need to do for the country, for the lieve the leader wants it scheduled be- makes a policy against the noble and sacred economy, and for the people, so many institution of marriage. I also feel it is un- fore April 15. of whom, labor under this Tax Code in There will be Members who will try fortunate that it seems to hit young strug- fear they are going to be found to have gling couples the hardest. to block this bill, with issues that are done something wrong when they are That is probably the biggest point. If extraneous to the marriage penalty. trying to be good, law-abiding citizens. They will be able to add things to it, or you have a combined income with the But that is a debate for another day. top wage earner making between filibuster the marriage penalty tax Right now we are trying to get at one elimination. I hope they think about $20,000 and $75,000—these are young issue. The National Center for Policy married couples; they are struggling what they would be doing in stopping Analysis says the highest proportion of the elimination of the marriage pen- with a lot of issues, struggling with fi- marriage penalties occurred when the nancial issues—and you lob on top of alty tax. Before they take actions to higher-earning spouse made between block this important issue, I hope they that a tax penalty, that really hits $20,000 and $75,000. Clearly, we need to them, and particularly a lot of couples just pause and say maybe I will try to make marriage penalty elimination a amend my issue onto another bill; this during the early years with young chil- priority for all families, not only a few. dren. one is too important. I don’t think we Consider that—making between This is Thomas from Hilliard, OH, need to be blocking it. $20,000 and $75,000. You are looking at a who says: Just in looking at the marriage pen- two-wage-earner family, probably with alty tax, I hope people recognize the a child, or two or three children, who No person who legitimately supports fam- extent of its involvement and intrusion ily values could be against this bill. The can’t afford to be penalized by this marriage penalty is but another example of on married couples across the country. $1,480. They are currently being penal- how in the past 40 years the federal govern- I have a chart up here to which I will ized under the Tax Code. ment has enacted policies that have broken refer a number of times. It shows the We see the numbers up here. We down the fundamental institutions that were number of married couples affected by know the full extent of this. the strength of this country from the start. March 8, 2000 CONGRESSIONAL RECORD — SENATE S1271 This is Sean from Jefferson City, MO: vada—I hope they can say to them: We That is not because the Senators I vis- I think the marriage penalty is a major shouldn’t be penalizing you. ited with—ENZI, GRAMM, and JOHN- cause of the breakdown of the family here in We have the wherewithal to change SON—didn’t try. These three Senators, the U.S. . . . [Ending it] would do a lot to cut this, and let’s change it. for whom I have the greatest respect, down on the incidence of cohabitation by un- Thank you very much, Mr. President. have all worked hard and in good faith married couples and give more children two- I hope we will have a vote on a true to bring all parties to an accommoda- parent families where there is a real com- marriage penalty tax bill before April tion. mitment between the parents. 15 comes and goes. There will be other When this bill passed out of the I don’t know if I would go as far as of my colleagues on the floor later on Banking Committee, it had the full what he said—that this has been the to address this issue as well. support of the committee and the busi- major cause of the breakdown of the I yield the floor. ness community, while still protecting family in the United States. I don’t f our Nation’s national security. I am think that is the case. But it is the afraid with the addition of many of the wrong signal for us to send. We send CONCLUSION OF MORNING amendments in the so-called managers’ signals all the time across the country BUSINESS package that this bill is losing support of what we think is good and what we The PRESIDING OFFICER. Morning both from the business community and think is wrong. business is closed. the national security interests. I hope Welfare reform: When we went we can work something out and not f through that fight—it was a very im- have to adopt the managers’ amend- portant fight—we decreased the welfare EXPORT ADMINISTRATION ACT OF ment as it is written. rolls in the country by 50 percent. We 1999 In January of last year, along with sent a signal that we think it is good to the distinguished majority leader, I, The PRESIDING OFFICER. Under work. That is a good signal. Senator DASCHLE, and a group of Sen- the previous order, the Senate will now We should eliminate the marriage ate Democrats, got together to form a proceed to the consideration of S. 1712, penalty tax. That is a statement about high-tech working group. This group which the clerk will report. what we think is good. People are mar- came about because we as Democrats The legislative clerk read as follows: ried and they shouldn’t be taxed and realize the importance of high tech to A bill (S. 1712) to provide authority to con- penalized for that. the Nation’s economy. Senator JOHN trol exports, and for other purposes. According to a recent Rutgers Uni- KERRY, through his leadership capac- versity study, the institution of mar- The Senate proceeded to consider the ity, has worked very hard in this re- riage is already having problems in the bill. gard. United States and is in a state of de- Mr. REID. Mr. President, Senator We also recognize that Congress can cline. From 1960 to 1996, the annual GRAMM is not here. The manager of the have a large impact on the growth, or number of marriages per thousand bill for the Democrats, Senator JOHN- potential growth, of this sector of our adult women declined by almost 43 per- SON, has graciously consented so that I economy. Our initial goal was to edu- cent. That impacts and hurts a lot of can say a word or two about this legis- cate our caucus on the high-tech children. Not that single parents don’t lation. issues. Because of the generation gap struggle heroically to raise children; I rise to speak about an issue that is between those who run this industry they do many times very successfully. of particular interest to me and our na- and most Members in the Senate, this But that family can have a bonded re- tional economy. The issue I wish to took a little time. However, we got to lationship. Studies are showing again discuss is export controls. As I stated speed very quickly. We toured sites all and again that the most important previously, it is critical that the Con- over the United States, including high- place we can put that child is in a lov- gress support the engine of our thriv- tech sites in Maryland, Virginia, and ing relationship between two married ing economy while still protecting the Silicon Valley. people. integrity of our national security. As with many issues, I often hear I am going to continue to come down Today in America consumer con- that Congress would best serve the to the floor regularly raising this issue fidence is at a record high. Unemploy- public and industry by doing nothing because this body will have a chance to ment is at a 30-year low. New home at all. One of the areas most believe we vote on this issue in dealing with the sales set a record last year. The rate of can be of help is in the area of export marriage penalty tax. I believe there inflation is less than 2 percent. The controls of high-performance com- are Members on both sides of the aisle stock market has been surging, and puters. There are currently a number of goodwill who want to see this mar- corporation profits are better than an- of U.S. products that cannot compete riage penalty tax eliminated. I don’t alysts dreamed. with national competitors due to ex- think the penalty makes much sense to It was announced last month that we port control limitations, not because of many Americans at all. are experiencing a record 107 months of national security interests but because I hope as we start to engage this de- economic expansion. This is all proof of the slow review process here in Con- bate, in this body, that Members on that Congress and the administration gress. both sides of the aisle will stand up and has done a stellar job in steering the In June of 1999, and then in January say: Yes, this is an important issue. We country in the right direction. And yet, of this year, with the urging of Senator are not going to load it down with a lot thus far, we have been unable to pass DASCHLE, myself, and other Senators, of amendments. We are not going to legislation to update our export con- the administration agreed to ease the load it down with a lot of extraneous trols. The Bureau of Export Adminis- level of controls which were referred to issues. It passed the House. If it passes tration and the Defense Department as MTOPS—million theoretical oper- this body, we can get it to the Presi- are still conducting business under cold ations per second. dent for his signature. It is an impor- war era regulations. The economic and We, as well as those in the computer tant signal to send across the country, political world has changed dramati- industry, were elated. There is a 6- and we are not going to block it. cally. That is why I am so pleased that month congressional review period for There are a lot of ways in this body this bill has come to the floor today. raising the level of MTOPS. The Bank- that you can block something—that Last year, I met with Senators ing Committee bill reduces the review you can put it forward and say you are GRAMM, ENZI, and JOHNSON, in my of- from 180 to 60 days. By the Senate for it but you are blocking it. I hope fice, to discuss export controls. They Banking Committee agreeing to the this would be one that we could say we informed me that The majority leader shortened review period of 60 days, the are going to pass for the 25 million pledged to them that the Export Ad- committee recognized a few important American married couples. ministration Act would come to the things: For those in South Dakota, 75,114 are floor before the end of 1999. No. 1, 180 days is too long for an in- penalized, and for those in Nevada Everyone tried, but as happens a lot dustry whose success depends on its 146,142 are penalized—I see my col- of times at the end of the session, it ability to beat its foreign competition leagues from South Dakota and Ne- was unable to be brought to the floor. to the marketplace; S1272 CONGRESSIONAL RECORD — SENATE March 8, 2000 No. 2, a shorter time period gives the and nays at such time as the leadership entity. We increased the penalties, Congress adequate time to review the determines it is appropriate. making violators of export control national security ramifications of any The PRESIDING OFFICER. The Sen- laws pay a real price. We made the for- changes in the U.S. computer export ator from South Dakota. eign availability and mass market control regime. Mr. JOHNSON. Mr. President, in the standards a true measure of what items While this is a good step in the right absence of Chairman GRAMM and Chair- could be accessed regardless of U.S. direction, I, along with Senators BEN- man ENZI, in order to expedite consid- sanctions, and provided for those items NETT, DASCHLE, KERRY, MURRAY, eration of this very important legisla- to be decontrolled. BINGAMAN, KENNEDY, and BOXER, be- tion, I will go forward with a brief dis- S. 1712 strengthens our national secu- lieve that further reduction of this to cussion and my view of the Export Ad- rity. For the first time, the Depart- 30 days makes more sense. ministration legislation. ment of Defense will have unilateral The high-performance computers we I rise today in support of the Export appeal rights if it disagrees with an ap- are talking about have a 3-month inno- Administration Act. I have worked proved export. Penalties move from vation cycle. Therefore, if 60 days are closely on export control issues with $10,000 per violation to up to $1 million taken up in Congress, on top of the Senators ENZI, GRAMM, and SARBANES, per violation. turnaround time for new regulations at and I am pleased that we have reached At one of our eight hearings on this the administration, the innovation consideration of this important issue bill, we heard from Representatives cycle is long overdue. by the full Senate. There are several COX and DICKS on the Cox Report rel- There is no precedent for such a long different classifications of exports. ative to exports to the People’s Repub- review period. Even the sales of items Items which can have both civilian and lic of China. We directly incorporate on the munitions such as tanks, rock- military applications are considered to fifteen of the Cox Report recommenda- ets, and high-performance aircraft only be dual-use technology, and those tions in our bill to enhance national se- require a 30-day review period. The re- goods are governed by the EAA. curity. I might add that reauthoriza- ality of the situation is that by lim- There have been numerous attempts tion of the EAA is one of the specific iting American companies to this de- to reauthorize the EAA in the years recommendations from the Cox Report. gree we are not only losing short-term since it expired in 1990. It is unfortu- America benefits when our businesses market share, but we are allowing for- nate that this legislation has gone un- prosper. Exporting technology has long eign companies to make more money authorized for most of this decade, and been an American success story. The and, in turn, create better products in I strongly urge the Congress to not technology field will lead our economy the future. This could lead to the even- forgo this opportunity. Reauthoriza- into the next century. But, new tech- tual loss of our Nation’s lead in com- tion becomes even more critical as nologies could prove dangerous in the puter technology, which has propelled legal challenges to the continued reli- wrong hands, and our national security the United States to the good economic ance on the expired EAA through emer- depends in part on limiting access to standing we see today. gency powers winds its way through certain technologies. That is the bal- This amendment is critical to our the courts. After ten years of congres- ance we seek to strike, and I believe S. Nation’s economy and the success of sional silence, I am fearful that one of 1712 does that. our high-tech industry. these challenges will ultimately suc- I look forward to a vigorous debate of AMENDMENT NO. 2883 ceed, leaving us without any control these important issues. Passage of this (Purpose: To amend the National Defense over sensitive dual use technologies. At EAA bill will make a significant con- Authorization Act for Fiscal year 1998 with that point, even technology which is tribution to our national security and respect to export controls on high perform- universally agreed to be dangerous will help bring transparency to our ex- ance computers) could be freely exported to countries port control system. I encourage my Mr. REID. I send this amendment to considered to be direct threats to the colleagues to join this bipartisan, bal- the desk for Senators REID of Nevada, United States. Reauthorization of the anced approach to these critical issues. BENNETT, DASCHLE, KERRY of Massa- EAA in of itself adds a tremendous Mr. President, I suggest the absence chusetts, MURRAY, BINGAMAN, KEN- component to our national security. of a quorum. NEDY, and BOXER. I want to especially thank Chairman The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. The ENZI for his work on this issue. With- Burns). The clerk will call the roll. clerk will report. out his hands-on leadership, we frankly The assistant legislative clerk pro- The assistant legislative clerk read would not be at this point today. S. ceeded to call the roll. as follows: 1712 is a testament to MIKE’s hard work Mr. DURBIN. Mr. President, I ask The Senator from Nevada [Mr. REID], for and the widespread support this bill en- unanimous consent that the order for himself, Mr. BENNETT, Mr. DASCHLE, Mr. joys derives from Chairman ENZI’s the quorum call be rescinded. KERRY, Mrs. MURRAY, Mr. BINGAMAN, Mr. commonsense approach to issues. The PRESIDING OFFICER. Without KENNEDY, and Mrs. BOXER, proposes an I want to note the important roles objection, it is so ordered. amendment numbered 2883. played by Banking Committee Chair- Mr. DURBIN. Mr. President, I ask Mr. REID. I ask unanimous consent man GRAMM and Ranking Member SAR- unanimous consent that I be allowed to reading of the amendment be dispensed BANES of Maryland. We have had con- speak as in morning business for 10 with. structive participation across the minutes. The PRESIDING OFFICER. Without board, and that bipartisan cooperation The PRESIDING OFFICER. Without objection, it is so ordered. has brought us to this point. That spir- objection, it is so ordered. The amendment is as follows: it contributed to the unanimous 20–0 f vote in support of S. 1712 in the Bank- On page 27, beginning on line 6, strike all THE AMERICAN ECONOMY through line 9 and insert the following: ing Committee. (2) CONFORMING AMENDMENTS.—Section We had a simple goal when we em- Mr. DURBIN. Mr. President, the Sen- 1211(d) of the National Defense Authorization barked on this effort: reduce or elimi- ate is about to engage in a debate Act for Fiscal Year 1998 (50 U.S.C. App. 2404 nate controls on items that do not about our Nation’s budget for the next note) is amended— have security implications and tighten fiscal year which begins in October. (A) in the second sentence, by striking controls on items that raise security When one tries to measure the values ‘‘180’’ and inserting ‘‘30’’; and (B) by adding at the end, the following new concerns. While most everyone can of politicians and political parties, the sentence: ‘‘The 30-day reporting requirement agree on these principles, it is much first place to look is how they spend shall apply to any changes to the composite more difficult to draft the language to money. Speeches are one thing, but the theoretical performance level for purposes of accomplish that end. way we spend our money really ex- subsection (a) proposed by the President on We worked very closely with con- plains who we are and what we value. or after January 1, 2000.’’. cerned Senators, the national security There is a real difference of opinion Mr. REID. I recognize the leader has establishment, the administration, and now between Democrats and Repub- said there will be no votes on this bill the impacted industries. I believe we licans about how we are going to spend today; therefore, I will ask for the yeas addressed the major concerns of each our money in the next budget. On the March 8, 2000 CONGRESSIONAL RECORD — SENATE S1273 Democratic side, we happen to believe income for a four-person family and who are in older age situations to pay we have a strong story to tell the the percent of taxes they are paying: for their long-term care; expanded edu- American people about the progress 16.8 percent in 1992, 15.1 percent in 1999. cational opportunity—we need a new that has been made in America under The tax burden for the typical family college opportunity tax cut. This is the Clinton-Gore administration for in America has gone down. going to help people across the board, the last 7 years. In fact, a month or so Of course, it is good news when it regardless of income; A deduction of ago, we completed the longest eco- comes to employment. We have the college expenses so that young people nomic expansion in the history of the lowest unemployment rate in 30 years: can go to school, improve their skills, United States of America. 7.5 percent when the President came to and add to our economy and their lives. It is every political party’s dream to office, now down to 4.2 percent. Marriage penalty relief is something be able to stand in this Chamber and The problem most American busi- I think should be done on a bipartisan say what I just said. Under the leader- nesses tell me about when I visit them basis. The President proposes it; money ship of President Clinton and Vice is: We need to find skilled workers; we for new accounts, retirement, and ex- President GORE, America is moving in have job opportunities; we need the panding the earned income tax credit. the right direction. We are creating workers to fill them. This is the bottom line: In a matter more jobs, and we are solving problems Now what are we going to do? We are of a few hours, the Senate Budget Com- that people thought were intractable going to debate a budget resolution in mittee, under the leadership of Senator and insolvable not that long ago. the Senate and the House where the DOMENICI, will come forward with a Take a look at the record from 1993 Republicans will come forward and say budget, and we will be able to see for to the year 2000. We turned a record we need to change all this; we need to the first time whether or not the Re- deficit of $290 billion in 1992 into a sur- try a different approach; things are not publicans on Capitol Hill support plus of $176 billion in the year 2000. We working as well as they could. George W. Bush’s call for a tax cut, a have seen a paydown in our national I think we ought to let history be our tax cut that has been branded unwise debt. We have had 107 consecutive guide, and it is suggesting to us that by Chairman Greenspan and one that, months of economic growth, and many we are on the right path, we are in the by any modest projection, is going to new jobs and new houses and new busi- right direction, and we do not want to invade the Social Security trust fund. nesses have been created. change course and go out on a risky It will be a test to see what the real Take a look at what they said was venture. issue of this campaign will be: Whether going to happen. These are the experts The real question now is whether the the congressional Republicans back who tell us what we can expect. They Republican leadership in the Senate Mr. Bush’s idea and want to venture said in 1993 that we were going to have will come forward with a budget that out on some risky and perhaps dan- a debt increase. They projected it at has a tax cut proposed by their likely gerous venture that could jeopardize $761 billion over the last 2 years. In candidate for President, George W. the growth in our economy or they other words, more red ink, more need Bush from Texas. It is a substantial want to stay the course on a respon- for us to borrow money and pay inter- tax cut and one, from my point of view, sible, fiscally disciplined approach that est on it. which goes too far and threatens the has come forward in the last 7 years. The American people are going to What happened instead under the viability of the Social Security trust have a clear choice. If every election is leadership of this President? We ended fund. a pocketbook election, we on the up with a surplus. We actually paid Take a look at what the tax cut Democratic side welcome it. America’s down the debt of this country by $140 means. The Bush tax cut which was pocketbooks are better now than they billion. proposed during the course of his cam- were 7 years ago. We believe Americans There are a lot of young people who paign—and I am sure it will be the cen- want to continue this progress and come to Washington, DC, to visit this terpiece of his campaign from this move forward, addressing those people Capitol and to see their Government in point forward—says that if you happen in America who have not benefited action. I say to these young people, the to be in the top 1 percent of American from this economic expansion, address- best thing we can do for you is to con- earners with an income above $300,000 a ing serious challenges such as expand- tinue on this course. Once this debt year, your cut is $50,000 each year. Not ing education and health care, and bad. In the 60-percent range, with in- starts to go away, the need to pay in- doing it in a fiscally sensible way so come below $39,000, the George W. Bush terest on it goes away as well. that at the bottom line, on the last We collect $1 billion a day in taxes tax cut is worth about $29 a month. day, in the final chapter, we can say to from families and individuals and busi- Does it make sense that we would the next generation of Americans: We jeopardize the growth of our economy, nesses just to pay interest on old debt. paid down this debt, we gave you a keeping our debt under control, paying We are moving in the right direction. strong America moving forward, and it down, creating jobs, new businesses, America should not change course. We now it is your chance to take over. must keep expanding this economy and and home ownership to give a tax cut That is the best thing we can do, and creating opportunity. of $50,000 a year to the richest people in we do not want to jeopardize that by Take a look at what has happened be- America? The Chairman of the Federal giving tax cuts to wealthy people, tween the end of 1992 and 1999. More Reserve Board, Alan Greenspan, said: spending money we do not have, and ig- Americans owned homes. This is the Don’t do it; it doesn’t make sense; it is noring the reality of the progress we American dream, and the dream has risky; it is dangerous. have made over the last 7 years. gotten better for millions of Americans I hope we do not. But the Senate and I can recall when President Clinton because the economy is strong and in- House Republicans will present their came forward with his budget proposal terest rates are under control and in- budget, and they will tell us whether in 1993 that started us on this path of flation is in check. they stand behind Governor George W. economic expansion. Take a look, as well, at the incomes Bush and their tax cut proposal or they We could not get a single Republican of Americans across many groups. want to stand behind the plan that has vote to support it—not one in the Those at the lowest income level all brought the economic prosperity we House or the Senate. In fact, Vice the way to those at the highest income enjoy today. President GORE cast the deciding vote level have seen a steady increase in in- The President has come forward with for the President’s budget plan. Not a flation-adjusted income during the pe- a responsible budget. It pays down our single Republican Senator would sup- riod of the Clinton-Gore Presidency. national debt, it creates targeted tax port it. Thank goodness the Vice Presi- More people are buying homes, and in- cuts, and if we are going to take some dent was there to do it. come levels are going up for virtually of our surplus and give it to American When he cast that vote, we not only every group across America. families, it provides we do it for things won on that issue, the American people Take a look at the tax burden, too, they need: A $3,000 long-term care tax won. We embarked on a course which because many people on the Republican credit for the fastest growing group of has really given America a great oppor- side will say taxes have gone up. They Americans, those over the age of 85, to tunity. This is an optimistic and for- have not. Take a look at the median help the sons and daughters of those ward-looking Nation now. S1274 CONGRESSIONAL RECORD — SENATE March 8, 2000 This Presidential campaign, and all Worse, we had plenty of opportunity who has a well that produces 15 barrels of those who are candidates in congres- to address this crisis. It did not just or fewer a day. There were close to sional elections, will now put to the happen in a vacuum. In 1998 and 1999, 500,000 such wells across the United test the question as to whether or not crude oil prices hit their lowest point States. Together, those wells, at just 15 we are going to continue this course of in decades: $9 a barrel, $8 a barrel. Hun- barrels a day, have the capacity to moving forward with the progress in dreds of thousands of small wells shut produce 20 percent of America’s energy our economy. down, and thousands of jobs were lost. needs. This is roughly the same To the naysayers who claim to have Of course, it made us more vulnerable amount of oil that is imported from a better idea, I suggest that histori- because we lost the production. We Saudi Arabia. During last year’s oil cally there has never been a period of have ignored this cycle since the oil price plummet, more than one-fourth greater economic expansion in this price shock of the 1970s. Our depend- of these small wells closed, most of country. We want it to continue. We ence on oil from foreign countries is them for good. We have it within our will see this Republican budget tomor- now at 55 percent. capacity, in our country, to produce row and find out whether the leaders, Energy-producing and energy-con- that 20 percent of the oil that is con- the congressional leaders on Capitol suming States share two interests: sumed here, which is the same amount Hill, want to continue this course that Maintaining a large and reliable source we are importing from Saudi Arabia. really moves America forward or if of energy in our own country, and re- The overwhelming majority of pro- they want some risky new venture that ducing volatility in oil and gas prices. ducing wells in Texas are these mar- includes the Bush tax cut. Unfortunately, the measures pro- ginal wells. In fact, marginal wells ac- Mr. President, I yield the floor. posed by this administration to address count for 75 percent of all crude pro- The PRESIDING OFFICER. The Sen- the current crisis in home heating oil duction for small independent opera- ator from Texas. will not address either of these prior- tors, up to 50 percent for midsized inde- Mrs. HUTCHISON. I ask unanimous ities. There is talk about increased pendents and 20 percent for large com- consent to be able to speak for up to 15 funding for the Energy Department panies. So even the major companies minutes as in morning business, after Weatherization Assistance Program, can make a go of it with the small which Senator GRAMM be recognized to which helps homeowners make their wells if we do not saddle them with so go back to the bill. The PRESIDING OFFICER. Is there homes more efficient. Others support many costs that it is not financially objection? an increase in the Federal Low-Income feasible. Without objection, it is so ordered. Home Energy Assistance Program to A more sensible energy policy would f provide heating assistance to low-in- be to offer tax relief to producers of come families. We are discussing a these smaller wells; that would help GAS AND OIL PRICES temporary adjustment of EPA sulfur them stay in business even when prices Mrs. HUTCHISON. Mr. President, I content limits in home heating oil. I fall below break even. rise today to speak about the high gas- have seen requests for additional ap- For 2 years I have been working with oline prices that every one of our con- propriations for the Coast Guard my great cosponsors—Senators DOMEN- stituents is finding at the gas pump icebreaking efforts in waterways. We ICI, NICKLES, BREAUX, and LANDRIEU— today and about the rise in home heat- are even considering getting the Fed- on legislation that would provide in- ing oil prices my friends from Maine eral Government into the price-fixing centives to these small producers. and Vermont were talking about that business by releasing oil from the Stra- When they can stay in business during are hurting their States so much. tegic Petroleum Reserve. these low prices, supply will go up and In fact, I commend Senator MUR- These are stopgap measures. But the we will not see that supply shortage KOWSKI for holding a hearing today in most important thing is, if we enacted causing high price spikes. the Energy Committee to talk about all of them, it would not solve the I think our legislation provides a this issue and what we can do to ad- problem. We need a policy that encour- quite reasonable tax credit: A $3-a-bar- dress it. I was slated to be one of the ages domestic production that is sus- rel tax credit for only the first three people testifying at the hearing, but tainable when prices go below break barrels of daily production in one of because I was visiting with education even. these small wells. We offer similar leaders from my State, I could not be While the problem is fairly localized credits for small gas wells. there and missed the hearing. now, we are going to see long gas lines The marginal oil well credit would be I want to speak on this issue because this summer or we are going to see peo- phased out when prices of oil and nat- this is a crisis coming down the road. ple not taking their summer vacations. ural gas actually go up. For oil, it For the people in Maine and Vermont, Instead, we need the quick fixes—we would phase out at $14 to $17 a barrel. it is here already. But for our constitu- need to address some of those areas We are not talking about having tax ents who are going to try to take vaca- that need fixing right now for low-in- credits today when we are paying $30 a tions this summer, it is going to hit come families—and we need an energy barrel for oil; we are talking about tax them right between the eyes because policy that goes along with it that will credits when the price falls below gasoline prices at the pump are going sustain domestic production through break even. At 14 to 17 barrels a day, a up, and I see no relief in sight. the busts we have seen in the last 2 small producer can make it. So when The common refrain today is, the years. We need price stability. the price goes up, the tax credit goes United States has no energy policy. The first step toward breaking that out. The tax credit is only for the first That is not really accurate. The United cycle is a simple one: Understanding three barrels in a well. A counter- States does have an energy policy, and that cold Vermont households and out- cyclical system such as this would it is the wrong one. Our policy is to re- of-work Texas wildcatters are two sides keep these producers alive during these strict domestic exploration, and in of the same coin—our overdependence record-low prices. They are not grab- those areas where exploration is per- on foreign energy sources. bing when the price is $20 a barrel; they mitted, there are punitive taxes and At the heart of our growing depend- are trying to stay in business and keep regulations on producers. ence on overseas sources has been the those jobs when the price goes below The result is that at periods of low steady decline in the number of small break even. prices, such as we had last year—prices producers. Wildcatters—small pro- There is another benefit to encour- on which a small producer cannot ducers—once drilled more than 9,000 aging marginal well production. It has break even—those producers leave the wells a year. Last year, there were 778. a multiplier effect. In 1997, these low- business and they do not come back. You wonder why we have an oil short- volume wells generated $314 million in The fact is, when it comes to our age? Many of these wells are so small taxes paid to State governments. These most precious commodity, we do not that once they close, they cannot be revenues were used for State and local control our own destiny. We are seeing reopened; it is not financially sound to schools, highways, and other State- our Energy Secretary going hat in do so. funded projects. hand to foreign countries and saying: What are we talking about? What is a Another part of our plan is to offer Please, produce more oil. wildcatter? A wildcatter is a person incentives to restart inactive wells by March 8, 2000 CONGRESSIONAL RECORD — SENATE S1275 offering producers a tax exemption for eastern Senators to get quick fixes to Mr. GRAMM. Mr. President, I ask the cost of doing so. So going in and their problems. I will work with all of unanimous consent that the pending trying to reopen a well that has been the Senators whose constituents are bill, S. 1712, be placed back on the cal- capped, which is very expensive, could going to be affected by high gasoline endar in its present status, and that be done with a tax exemption for the prices. But let us not do a quick fix the bill become the pending business expenses of doing it, and that would en- without also having a longer term fix again at the discretion of the majority sure greater oil availability and in- that would keep our jobs in America, leader with the concurrence of the crease Federal and State tax revenues. that would keep our oil prices stable, Democrat leader and the chairman of Everyone would win—more jobs, more that would keep the revenue coming the Banking Committee. tax revenue for our States, and, most into our States for schools and high- Mr. REID. Mr. President, reserving importantly, more domestic oil. ways at a time when prices go below the right to object, I, first of all, state Actual results have shown that this break even. We can have a win for ev- how appreciative I am of the work done can work. In my home State of Texas, eryone, if we can pass legislation that by Senator JOHNSON and Senator a program similar to this has met with will provide help for everybody and GRAMM, the chairman of the Banking huge success. Over 6,000 wells have provide a stable oil supply for our Committee. I feel badly that we are not been returned to production, with country. We have the opportunity to going to be able to go forward on this State tax abatements injecting $1.6 bil- create a domestic policy for oil and gas legislation. lion into the Texas economy in a year. in this country that makes sense and We are going to agree to the unani- Think what we could do nationwide. will benefit all of our constituents. Let mous consent request, but not because A recent study by the Interstate Oil us take that chance. this bill shouldn’t be considered. We and Gas Compact Commission exam- I yield the floor. should be legislating on it today. It is ined State incentive programs and The PRESIDING OFFICER. The Sen- important legislation. It is being held found that the average program at- ator from Texas. up on the other side of the aisle. This tracts $1.1 billion in investment over f is legislation that the high-tech indus- its lifetime, with over $50 million in try feels confident should be passed. UNANIMOUS CONSENT net tax collections typically associated I simply say that the cold war is AGREEMENT—S. 1712 with each incentive. That incentive over, but the high-tech war is just be- will create 6,000 jobs and $16 billion in Mr. GRAMM. Mr. President, I ask ginning. We need to be the winners of impact for the States. unanimous consent that the pending that war. There is more to do. We should look bill, S. 1712, be placed back on the cal- The minority is reluctantly agreeing for ways to reduce the cost of excessive endar as it existed yesterday before the to this unanimous consent request. We regulation on our domestic producers. unanimous consent agreement calling hope the rest of the day and tomorrow This was what the fight we had last up S. 1712. can be used in a constructive fashion. year over MMS royalty valuation was The PRESIDING OFFICER. Is there We hope the chairman of the Banking about. Some said it was a giveaway to objection? Committee can use his experience—he big oil. It wasn’t. It was about keeping The Senator from Nevada. certainly has experience; he proved costs low so we don’t push more pro- Mr. REID. Mr. President, I ask that that when he was in the House of Rep- ducers out of business. Maybe those the unanimous consent request that resentatives, and here—to be able to paying record prices for home heating has been suggested be amended to read get the warring parties together and oil and gas today have a different per- as follows: Consent that the pending spective on that issue now. The MMS is move this legislation forward. bill, S. 1712, be placed back on the cal- We have no objection. going to release its new oil royalty endar in its present status and that the The PRESIDING OFFICER. Without valuations tomorrow, and I challenge bill become the pending business again objection, it is so ordered. everyone to see if they raise the price at the discretion of the majority leader Mr. GRAMM. Mr. President, let me of drilling for oil on public lands. If with the concurrence of the Demo- give a word of explanation. First of all, they do, the President is just saying, cratic leader. let me make it clear that it is my in- yes, we are going to continue that pol- The PRESIDING OFFICER. Is there tention as a person who has concur- icy to try to keep domestic production objection? rence in this decision not to bring the down so we can be held by the throat Mr. THOMPSON addressed the Chair. bill back up through this procedure, by OPEC countries. The PRESIDING OFFICER. The Sen- nor will I support it being done unless The overlapping regulations that ator from Tennessee. govern exploration and production and Mr. THOMPSON. May I inquire of my there is an agreement among the par- refinement add $4 to $5 a barrel to the colleague exactly what he just sug- ties. Obviously, I would have a right to cost of oil. Compare that with the over- gested, that it be placed on the cal- file cloture on the motion to proceed at all cost of production in Saudi Arabia, endar now and that it be brought back some point. including capital and labor, of $2 to $3 up as pending business at the discre- Let me explain what has happened. a barrel. Is it any wonder that oil com- tion of the majority leader? We have for the last 3 weeks been try- panies are drilling in Saudi Arabia in- Mr. REID. The two leaders. ing to work out concerns about a very stead of in our country, providing jobs The PRESIDING OFFICER. The tough, very important, and very com- for our citizens? Chair will sort this out. We have a plicated bill. America has two com- Our fight last year on MMS was over unanimous consent request on the floor peting interests. On the one hand, we the opposition to adding yet another now put forward by the Senator from want to produce and export items that complicated scheme of rules and fur- Texas. We have to deal with that first embody high technology because that ther raising the cost of production. before we can even go to another phase. is the fastest growing industry in the When gas prices were low, few Senators Is there objection to the unanimous world. We are the world leader in the were listening. In fact, the major tele- consent request? high-tech industry, and it creates the vision networks weren’t listening ei- Mr. GRAMM. Mr. President, let me best paying jobs in America. ther. They were pretty brutal during for a moment withdraw the unanimous We have that as one objective. On the that debate. Today we are seeing the consent request and suggest the ab- other hand, we want to prevent tech- results of that brutality. sence of a quorum. nology that has defense and security We don’t have to be at the whim of The PRESIDING OFFICER. The implications from falling into the market forces. We don’t have to be out clerk will call the roll. hands of those who might use that of control of our own domestic oil pro- The assistant legislative clerk pro- technology against the United States duction. What we need is to be part of ceeded to call the roll. of America and our interests. Between the price setting, not the price taking. Mr. GRAMM. Mr. President, I ask these two interests, there is competi- We must increase our domestic oil sup- unanimous consent that the order for tion and friction. These are very com- ply. the quorum call be rescinded. plicated and very tough issues. This is something we can all rally The PRESIDING OFFICER. Without In the last 3 weeks, roughly half a around. I will work with the North- objection, it is so ordered. dozen Members of the Senate have been S1276 CONGRESSIONAL RECORD — SENATE March 8, 2000 working to bring to the floor and pass had no permanent law to protect Amer- couldn’t do that. We have achieved the a bill that passed the Banking Com- ican national security. same result with this agreement, and I mittee 20–0 and that would do some- Today, the world is very different. thank my colleagues for agreeing to it. thing we have not done since 1990: to We have won the cold war. Today, tech- I yield the floor. set in place a new permanent law to nology is driven by private industry. The PRESIDING OFFICER. The Sen- protect America’s access to the high- Today, it is not defense labs that are ator from North Carolina. tech world market and at the same generating the new technology that f time protect our national security. drives American business, it is Amer- THE RADICAL AGENDA OF CEDAW We thought yesterday that we had ican industry. reached an agreement in principle that We had set out in our export law the Mr. HELMS. Mr. President, earlier would allow us to bring the bill to the number of MTOPS, millions of theo- this morning I was thinking about 20 floor. The problem with reaching retical operations per second, that a re- years ago when a delightful young lady agreements in principle is that, as one stricted computer could employ, think- Senator from Kansas served in this of my famous constituents once said, ing we were protecting what we then body, Nancy Kassebaum. She was a the devil is in the details. We found called supercomputers. Now, any lady in every respect, and I miss her to ourselves today thinking we had such schoolchild with a computer has the this good day. an agreement but having great dif- technical capacity, or can get it, and I was thinking about Nancy because ficulty getting the language to com- exceed that limit. The number of today is International Women’s Day. port to what each individual felt the MTOPS is doubling every 6 months. The radical feminists are at it again. principle to be. Under those cir- So we were faced with a decisive They have chosen once again to press cumstances, I thought good faith re- question: Can we pass a law and con- their case for Senate ratification of the quired that the bill be pulled down. So trol this technology? We could pass a United Nations Convention on the we pulled the bill down, and it will not law and stop it in the United States, Elimination of All Forms of Discrimi- come up under this consent agreement but it would occur elsewhere in the nation Against Women, and that has unless an agreement is worked out world. the acronym of CEDAW. among the parties that were engaged in What we ultimately have to decide is: Let’s examine this treaty which this negotiation. Is our security tied to our being the women organizations—including some I think we all agree that no one acted leader in technology, or is it tied to of the more liberal women in Con- in bad faith, but what happened was, on our ability to hold on to the tech- gress—are so eager to have approved by a very complicated and very important nology we have and not share it with the Congress and reported out, first of matter, agreeing in principle is not anybody? all, by the Foreign Affairs Committee, agreeing to the details. I believe in the end that American se- on which I am chairman. They put out We are hopeful that in the next few curity is tied to our leadership in tech- a press release yesterday that they days we might still work out these de- nology. I believe that we have put to- were going to picket me. I guess they tails. If we do, then we will go to this gether a good bill. There is a debate were going to scream and holler at me unanimous consent agreement and about the details, and there are legiti- as they tried to do not long ago, which bring the bill back up. If we don’t work mate differences. As Thomas Jefferson suits me all right because I have been out those differences, we will not. once said: Good men with the same screamed and hollered at before by the Before I yield the floor, because I facts are prone to disagree. I have seen same crowd. know the distinguished Senator of the nothing in my political career or per- ‘‘This urgently needed’’ treaty, as Foreign Relations Committee wants to sonal life to convince me that Jeffer- they describe it, has been collecting take the floor, I will make a general son was wrong about much of anything, dust in the Senate archives for 20 point. but he was certainly not wrong about years. It was submitted by President We started dealing in export control this. Carter to the Senate in 1980. In these in 1917 with the Trading With the We have put together a bill that we years since President Carter sent it to Enemy Act. We then had the Neu- believe meets national security con- the Senate, the Democratic Party con- trality Act in 1935, and, with the begin- cerns. But trying to deal with concerns trolled the Senate for 10 of those years ning of the cold war, the Export Con- about Presidential powers and waivers and the Democrats never brought it up trol Act became law in 1949. We were in is extremely complicated. Yesterday for a vote. a life and death struggle with the So- we reached an agreement in principle. Indeed, in the first 2 years of the viet Union. There was an ‘‘evil em- There was the nucleus of the agree- Clinton administration, when the pire.’’ There was a cold war. We won ment, but getting to the details this Democrats controlled not only the Sen- the cold war, and export control on a morning proved more difficult than we ate but the White House, the Demo- multilateral basis played a key role in anticipated. To be absolutely certain crats never saw fit to bring this radical that victory. that everyone’s rights are preserved, treaty up for a vote. They were silent In those days, two things existed and to be certain we are dealing in in seven languages about it. which no longer exist. One was that the good faith, I concluded—and all of the Now, suddenly, 20 years later, they United States had a virtual monopoly members of the negotiation agreed— demand to be given urgent priority in in high technology. Indeed, we were the that the bill should be pulled down. As the recommendation of this treaty, and world’s undisputed leader in tech- a result, I pulled it down. that it be considered first by the For- nology. Virtually, every area in the I am hopeful that perhaps as early as eign Relations Committee and then by world had been decimated by World tomorrow these differences can be the Senate. War II, and we stood supreme. So tech- worked out. I don’t know whether they I say dream on because it is not nology was an American monopoly. can or they can’t. I believe America going to happen. Why has CEDAW, the Second, in 1949, most of the new tech- would be richer, freer, happier, and Convention of Elimination of All nology was driven by defense research. more secure if they could. If they are Forms of Discrimination Against Our legitimate concern, life and death not worked out, it won’t be because I Women, never been ratified? Because it struggle concern, was that this defense didn’t make the effort. I want it to be is a bad treaty; it is a terrible treaty research embodied in American indus- worked out. I hope it can be. Whether negotiated by radical feminists with try would end up leaking abroad where it can be or it can’t be, I want to be the intent of enshrining their radical it could threaten American national certain that we are dealing in good antifamily agenda into international security. faith and that we are dealing with each law. I will have no part of that. By 1990, our consensus had started to other on that basis. Let me give a few examples of the fade on the Export Administration Act, I think we have preserved that here world in which the authors and pro- and while for two brief periods—from today. I appreciate my colleagues’ ponents of this treaty would have all March 1993 through June 1994, and from help. Someone could have done mis- live. Under this treaty, a ‘‘committee July 1994 to August 1994—we had tem- chief by objecting; my preference was on the elimination of discrimination porary solutions, since 1990 we have to go back to the status quo, but we against women is established with the March 8, 2000 CONGRESSIONAL RECORD — SENATE S1277 task of enforcing compliance with the thors and implementers had their way, First of all, I appreciate his taking treaty.’’ the United States, as a signatory to the bill down and giving us an oppor- Mr. President, how about a few ex- this treaty, would have to legalize tunity for further discussions and ne- cerpts from the reports that the com- prostitution, legalize abortion, elimi- gotiations. Apparently, there are still mittee has issued? They provide a tell- nate what CEDAW regards as the pref- some items on which some Members ing insight into the hearts and minds erable environment of institutional are trying to come together. I must of the authors who wrote this treaty in day care instead of children staying at say, and have said to my friends, Sen- the first place. home. ator GRAMM and Senator ENZI, that my What do they propose? They propose This treaty is not about opportuni- concern goes deeper than some of the global legalization of abortion. The ties for women. It is about denigrating details we are working on right now. treaty has been intended, from the motherhood and undermining the fam- Unless some very substantial changes very beginning, to be a vehicle for im- ily. The treaty is designed to impose, can be made, which I do not anticipate, posing abortion on countries that still by international fiat, a radical defini- I could not support the bill. I will not protect the rights of the unborn. For tion of ‘‘discrimination against be the one standing in the way of pro- example, this committee has in- women’’ that goes far beyond the pro- ceeding on the bill, but I reserve all my structed Ireland a country that re- tections already enshrined in the laws rights as we proceed and discuss it. It stricts abortion, to ‘‘facilitate a na- of the United States of America. That does need full discussion. It is a very tional dialogue on * * * the restrictive is why this treaty was publicly opposed serious matter. I am afraid it has not abortion laws’’ of Ireland and has de- in years past by, as I said earlier, yet gotten the attention it deserves. clared in another report that under the Nancy Kassebaum and many others, We will have some amendments, hope- CEDAW treaty ‘‘it is discriminatory who felt as I did then, and still do, that fully, to improve the bill as we go for a [government] to refuse to legally creating yet another set of unenforce- along. provide for the performance of certain able international standards would di- I agree with my friend from Texas reproductive health services for lute, not strengthen, the human rights that it is a different time. We are not women’’—that is to say, abortion. standards of women around the world. in the cold war anymore. No one can Another issue: Legalization of pros- We need only to look at the condi- put the technological genie back in the titution. In another report issued in tions of women living in countries that bottle. But our export policies have February of, 1999, the CEDAW com- have ratified this treaty, countries quite adequately taken that into con- mittee declared: such as Iran and Libya, to understand sideration. In fact, many on this side of The committee recommends the decrimi- that Nancy Kassebaum was right in her the aisle, people around the country, nalization of prostitution. opposition to the Treaty on the Elimi- have been quite critical of this admin- They even called for the abolishment nation of All Forms of Discrimination istration because of the liberality or of Mother’s Day. The CEDAW crowd Against Women. The fact is, the United the looseness of the export controls has come out against Mother’s Day— States has led the world in advancing that we are operating under now, under yes, Mother’s Day. Earlier this year, opportunities for women during the 20 Executive order. As we know, we have the committee solemnly declared to years this treaty has been collecting not had a reauthorization of the Export Belarus its ‘‘concern [over] the con- dust in the Senate’s archives. I suspect Administration Act since 1994. We have tinuing prevalence of * * * such that America will continue to lead the been operating basically on Executive [stereotypical] symbols as a Mother’s way, while the CEDAW crowd and the orders. I personally feel the Executive Day’’ and lectured Armenia on the treaty sits in the dustbin for a few orders we are operating under with re- need to ‘‘combat the traditional stereo- more decades to come. If I have any- gard to our export controls are too type of women in ‘the noble role of thing to do with it, that is precisely loose and need tightening. mother.’ ’’ where it is going to remain. We saw what happened with regard to There are not enough kids in day I do not intend to be pushed around the exporting of our satellite tech- care, they claim. by discourteous, demanding women no nology and the Hughes and Loral situa- The committee informed Slovenia matter how loud they shout or how tion that is under investigation by the that too many Slovenian mothers were much they are willing to violate every Justice Department right now, where staying home to raise their children. trace of civility. we got the Chinese to send our sat- What a bad thing for mothers to do— Mr. President, I yield the floor. ellites up in orbit but apparently in the think of it—staying home with their The PRESIDING OFFICER. The Sen- process gave the Chinese some very so- children. This committee warned that ator from Wyoming. phisticated technology that would as- because only 30 percent of children f sist them with regard to their missile were in day-care centers, the other 70 program. So Congress reacted to that. percent were in grave danger of, now MORNING BUSINESS The Commerce Department had, pre- get this, ‘‘miss[ing] out on educational Mr. ENZI. Mr. President, I ask unani- vious to that, transferred the jurisdic- and social opportunities offered in for- mous consent there be a period for the tion of satellites from the State De- mal day-care institutions.’’ transaction of morning business with partment to Commerce. It was all Another thing, mandating women in Senators permitted to speak for up to under Commerce. We took a look at combat. Boy, they are hot to trot on 10 minutes each until 3 p.m. today. that and said that does not belong in that. In a 1997 report, the CEDAW com- The PRESIDING OFFICER. Without Commerce. Commerce has a legitimate mittee mandated that all countries objection, it is so ordered. concern about trade and exports for adopting the treaty must ensure the Mr. ENZI. Mr. President, several of sure, but that is not the only concern. ‘‘full participation’’ of women in the us have comments that we wish to When you are exporting materials that military, meaning that nations would make on the Export Administration have national security significance, so- be required to send women into combat Act. Senator THOMPSON was waiting be- called dual-use items that might be even if the military chiefs decided that fore I was, so I yield. militarily significant to countries that it was not in the national security in- The PRESIDING OFFICER. The Sen- you do not want to be helping, then the terest of, for example, the United ator from Tennessee. State Department needs to be con- States of America. f cerned, too. So Congress insisted that This is the world that the advocates jurisdiction be brought out from Com- of this CEDAW treaty want to impose THE EXPORT ADMINISTRATION merce and given back to the State De- on America. That is why they are pick- ACT partment. eting my office right now, demanding Mr. THOMPSON. Mr. President, I We have also seen what the adminis- the Senate Foreign Relations Com- thank Senator ENZI very much. I do tration has done with regard to high- mittee consider this treaty and report wish to make a couple of comments in performance computers. They reassess it out to the Senate for approval. response to the chairman of the Bank- the situation every 6 months. They are I say to these women who are pick- ing Committee, the Senator from increasing the MTOPS level for the ex- eting my office: Dream on. If its au- Texas. port of high-performance computers to S1278 CONGRESSIONAL RECORD — SENATE March 8, 2000 countries such as China and other commission. We were warned by the Another category is created out of third-tier countries at a very brisk Cox commission. We were warned by at whole cloth: mass marketing. That is rate. The MTOPS level has gone from least two recent national security esti- not in common practice now; that is 2,000 in 1996 to 12,500 for military, as we mates in terms of the capabilities of not in current Executive orders now. It speak. The anticipation is that the these rogue nations. They all say they basically says if it is mass marketed in MTOPS level will continue on apace are getting much of their stuff from this country, even if it is not in an- very significantly. the Russians and the Chinese. other country, the assumption is they Now we have an amendment this This is the backdrop against which are eventually going to get it, so let’s morning, as I understand it, that would we are considering reauthorization of send it to them, taking into consider- cause that review to happen not only the Export Administration Act. My ation the advantage we might have of every 6 months but every 30 days. The concern is not that we are reauthor- at least having a delay as we consider Department of Commerce would be izing and taking a look at it, it is that our policies in this Nation, such as the looking at our high-performance com- we are looking at it totally from the National Missile Defense Program or puters and whether or not we ought to wrong direction. We should be looking things of that nature. reassess sending more computers, at ways of getting more training for We are creating mass marketing. We something that we have had the domi- our people who are serving as export li- are creating foreign availability. We nant position on throughout the world, censers. We need to do more on end are creating embedded components: No something the Chinese, until recently, users. We do not know when we send a matter if a component is controlled, if had no indigenous capability of devel- high-speed computer or high-perform- it is part of a larger component, and it oping. We continue to supply them. We ance computer to China what happens is only so much of the value of that take into consideration things such as to it. larger component, you look at the the abilities of foreign countries. Up until 1998, the Chinese would not value and not the inherent nature of My point is, the Department of Com- even let us check on end users. Out of the component itself. That is not right. 600-some computers we have sent over merce is hardly being guarded as they We ought to look at the component, there, we have had one end user check. establish their policies of exports as far and if it is controlled, it ought to re- According to the Cox commission, in as high-speed computers are concerned. 1998, we got an agreement with the Chi- main controlled whether it is in a larg- Many people, including myself, are nese to check with the end users, but er item or not. It is another category concerned that they go too far and too the administration will not release where we are taking additional items fast because we do not know what the that agreement. The Cox commission out of control. Chinese, for example, are really doing Each of these things can be and, I as- says they have seen it—they cannot re- with them. We are told they have clus- lease it—but it is totally inadequate. sure you, will be debated in some detail tered together computers of lower This is the backdrop against which we as to whether or not it is good policy, MTOPS levels and have come up with are considering reauthorizing the Ex- but I think there can be no argument something much, much more signifi- port Administration Act. on two points: First, there is greater cant than what, perhaps, we think they What do we do with this bill, S. 1712? discretion in many respects in the De- have. The bill does some good things, I think. partment of Commerce and in the Sec- We were told by the Cox commission There are some provisions in it that retary of Commerce. Second, this bill that the Chinese are using our high- move in the right direction, but they tips the scales in favor of more exports. performance computers for their sim- are fairly minimal. In many important That is the reason we are doing it. ulations for their nuclear program. We respects, it, first of all, further incor- I personally have not heard any com- were told that they use our high-per- porates into law things this adminis- plaints—maybe there are complaints formance computers to assist them in tration has been doing by Executive out there; I do not say there are not— their biological and cryptology pro- order and then creates new legal cat- from exporters who are not getting grams. egories, all of which liberalize or loos- things through fast enough. Maybe we The cold war is over, and the last en export controls. need more people. Maybe we need more time we reauthorized this act, Jimmy It creates a category with regard to folks handling the paperwork. What- Carter was in the White House. Indeed, foreign availability. Foreign avail- ever. I do not argue that point. the cold war has come and gone, but we ability is taken into consideration now I do not hear any hue and cry that we have new challenges on the horizon. We by the Department of Commerce in are not shipping dual-use possibly mili- do not have the old Soviet Union any- making its decisions as it increases tarily significant items out fast more, but we do have the Chinese who, these end-top levels. They take that enough. But one could look at this bill the Rumsfeld commission tells us and into consideration. What this bill will and assume that is the underlying mo- the Cox commission in great detail ex- do is put it into law and set up a tech- tivation, that we believe we need to plains to us, are very aggressively at- nical group within the Department of loosen up the export controls a little tempting to get their hands on our Commerce to make a determination if bit. technology. there is foreign availability, and, if so, It is an honest disagreement. My We know about the situation in Los lickety-split, it does not matter what friends have worked very hard on this. Alamos. We know about their endeav- the end-top level is at Commerce when They have tried to be as accommo- ors, as far as their commercial enter- that happens, it goes out the door. dating as they know how, but we ap- prises around the country. They tell We have seen from hearings in our proach this from a fundamentally dif- us, in addition to that, they are feeding committee that there is sometimes ferent vantage point. off our technology that we are export- great disagreement as to whether or I look forward to the discussion when ing to them to use in the most trouble- not there is foreign availability with a we get on the bill. I thank the Chair. I some manner, as they continue to be certain item. It is not just strictly a yield the floor. one of the world’s greatest green-eyeshade matter of physics; it is The PRESIDING OFFICER. The Sen- proliferators of weapons of mass de- something that ought to be considered ator from Wyoming. struction. It is not just what they are very carefully and should not be left up Mr. ENZI. Mr. President, as you can doing in China, but it is what they are to the unilateral discretion of Com- tell from the discussions that have doing around the world. merce. gone on today, this is not the simplest We have every reason to be ex- This bill gives Commerce more dis- bill that has ever come before Con- tremely concerned about our export cretion than it has ever had before. We gress. There are a lot of complexities. policies in light of these developments. have been very critical of the practices There are still, obviously, a lot of mis- We were warned by the Rumsfeld com- of the Department of Commerce in this understandings about what is in the mission that we are facing a threat administration in times past. I suggest bill. such as we have never faced before in we consider very carefully whether or There is increased money for enforce- this Nation with regard to these rogue not we want to give even more author- ment, increased people for enforce- nations and their increasing capabili- ity to the Department of Commerce as ment, a tie-down on how we check on ties. We were warned by the Deutch we move forward. end users. But I do not want to get into March 8, 2000 CONGRESSIONAL RECORD — SENATE S1279 those very stimulating, exciting de- ther group has the votes to pass the lion. That gets the attention of busi- tails right now. I want to make some bill, but each of them has the votes to ness. more general comments so that my kill the bill. Also, the individuals who are will- colleagues and other people who are in- Of course, everyone knows it is easier ingly and knowingly involved in this terested in this bill have some idea of to kill a bill than it is to pass a bill. To could go to jail. They could go to jail why we are having the difficulties we kill a bill, you only need one negative for up to 10 years for each offense. So are having. vote anywhere in an 11-step process, you can see that if there are enough of- I am one of those people who agrees— and it is dead. You just have to be able fenses under this bill, they could have and I think Senator THOMPSON agrees— to get a majority confused enough at life imprisonment. Those are penalties that the system is broke. I thought we one point to get a negative vote. But to that have their attention. were going to have a debate today on pass a bill, you have to have a positive There are several other items. I will how Congress can fix it because Con- vote at each one of those places and get not go into all of them. But the team- gress is quickly realizing that we are the signature of the President. So it is work is completed by a well-defined sacrificing national security and im- 11 times easier to kill a bill than it is system for reliability and predict- peding export growth at the same time. to pass one. ability, one that relies on prioritizing We have a chance to fix that problem At just one single step for each of the enforcement assets to catch the bad with this bill or to let it remain broken previous 11 attempts at this bill, there guys. The United States makes so for about 18 months, at a minimum. was a perception that each of the pre- many products, they cannot all be If we do not debate this before the vious bills that were attempted was ei- watched. budget and appropriations bills come ther too strong for national security or I need to make a clarification. While up, which will be the agenda for the too easy for imports. The trick on this we are talking about national security, rest of this year, we will not be able to bill has been to maintain a balance. we are not talking about guns and mis- debate it until the nominations of a Along the way, I found that most of siles. That would be on the munitions new administration have been com- the provisions are not in conflict—the list. That isn’t under the control of the pleted and those people understand this goals are just different—and the dif- Export Act. That list, the munitions difficult area. ference has been perceived as a counter list, is controlled by the Department of In January of 1999, I became the to each other’s interest. I know we can Defense and is much stricter—and has chairman of the Banking Sub- have a vigorous export economy and to be. We are not talking about sat- committee on International Trade and protect the national security. ellites and the technology that goes Finance. Shortly thereafter, this issue I appreciate the confidence shown by with that. That technology is con- was thrust into prominence. It was dis- Senator GRAMM. He has given Senator trolled by the State Department. closed that China had access to United JOHNSON and me a free rein to go after We are referring to products which States military secrets, and the con- a solution. He has allowed the flexi- we have given a fancy name. We call gressional Cox commission emphasized bility to review many unusual solu- those products dual-use technologies. the problem with the release of their tions. Senator SARBANES has provided a They were not designed for war. Most classified report. quiet leadership of fatherly ques- were not even intended to be dan- I also found out the Export Gov- tioning and direction. I appreciate the gerous. Many things are common erning Act had expired in 1994. That hours my fellow Senators have taken household items. We call them dual-use was the Export Administration Act of to explore this national problem and technologies because they can be used 1979. Our country was operating under review this proposed solution. for more than one use, and we worry emergency Executive orders to keep Senator SHELBY, the chairman of the about those items that can be used in a any semblance of security at all. Intelligence Committee, and a ranking way that would be harmful to the I had a briefing on and read the clas- Banking Committee member, was a big United States. sified Cox report. I was dismayed. contributor and adviser before the bill For example, a stick can provide sta- I followed the history of export li- even came up in committee. Senators bility when you are walking or it could censing and found out there had al- WARNER, THOMPSON, HELMS, and KYL be a club. A knife can be a dagger or it ready been 11 attempts to renew the have spent countless hours in the last 3 could be a vegetable peeler. A precision Export Administration Act. All had weeks ironing out difficulties. I have to machine can manufacture toys or gone down in flaming defeat. I read the mention Senator COCHRAN. He is a war- stealth airplane parts. A computer can documentation on the failed bills. I am rior of past battles, and he has been a teach you math or it can run math always amazed at how much docu- tremendous help. Meetings I have been models to test nuclear weapons. Every- mentation there is of what has been in during the last year were often so thing your senses can sense can be used done in Congress. educational that I sometimes thought for good or for evil. Some evil is worse Several people who had tried to res- maybe I ought to be paying tuition. than others. cue the failed bills are still around. I Industry needs reliability and pre- I think you begin to get a sense for visited with them. I made several trips dictability. Industry needs to be able the kind of items this bill could con- downtown to see how the committee to make it to the marketplace at least trol. I think you can see where the bill process of export licensing works at at the same time the competitor does; could have some validity controlling the present time. I drafted a bill. I for the sake of the United States, I every single item made or used, except began working with the ranking mem- hope they can make it a little bit everybody agrees that would not be ber of my subcommittee, Senator ahead of the competitor. feasible. If the universe is too great, we JOHNSON of South Dakota. Without his For our national security, we need to cannot afford the enforcement and cooperation and interest, and without be sure items that can be used against business will not be able to sell any- the dedication and involvement of his this country do not fall into the wrong thing. This bill was worked to staff, we would not have gotten to this hands. prioritize logical enforcement. point today. We formed a tough love partnership To have a better idea of how enforce- We looked at the problem. We in this bill that achieves both goals. ment works, I have had a person on searched for the difficulties. We estab- Teamwork in the bill was begun by loan to my staff for the last several lished some goals. We began to meet higher penalties for violations. months who is a law enforcement with anyone and everyone. We met I would like to use an example of a agent, a very specialized enforcement with all the agencies involved. We met conviction that has happened with agent, a person who has worked daily with companies. We met with industry McDonnell Douglas. They violated the with the enforcement of dual-use ex- groups. We met with any Senator will- export law. Under the present Execu- ports. That help has been valuable be- ing to give a few minutes or a long pe- tive order, they may be charged as yond belief. riod of time. I was amazed at how much as $120,000. For a big corporation, We and every one of our constituents many were interested. they spend more on an ad than that. know the value of hands-on experience. This bill has an interesting constitu- That is incidental business. Under this There are some things about a job you ency. There are two main groups. Nei- bill, they could be fined up to $120 mil- can only learn by experience. I am S1280 CONGRESSIONAL RECORD — SENATE March 8, 2000 thankful we have had experience help- the risk to our country. We are going United States while it increases ex- ing us. to talk about control lists; that is, the ports. It can be done. Also, during the drafting part of this list of items we need to keep an eye on I thank the Chair. bill, I sought out a person who had ex- and have special instances in which The PRESIDING OFFICER. The Sen- perience actually applying for export they might need to be licensed. We are ator from New Jersey. licenses. He served as a fellow on my going to talk about a process for get- f staff for a few months and was also in- ting on the list and getting an item off ELECTIONS IN TAIWAN strumental in drafting the bill. the list. To really complicate the proc- I would be remiss if I did not thank ess, we are going to go back to our Mr. TORRICELLI. Mr. President, all the people from the administration country list of risk and vary the risk during this generation we have wit- who spent hours showing me what they by each item on the control list. Be- nessed the greatest expansion of demo- do or explaining how the system works. cause that will cause some gray areas, cratic nations in history. From East The PRESIDING OFFICER (Mr. we have this little handbook. This lit- Asia to Eastern Europe to Latin Amer- SANTORUM). The Senator’s time has ex- tle handbook is a translation, a sim- ica and the islands of the Pacific, the pired. plification of the rules that, if you are blessings of democratic pluralism have Mr. ENZI. With the indulgence of the exporting a single thing, you better be expanded to the very bounds of each Senator from New Jersey, I ask unani- aware of because you could be violating continent. It is in the proudest legacies mous consent for some additional time the law if you aren’t following all 1,200 of this Nation that the United States so I can finish this explanation, which pages. has played an essential role in facili- I think is critical to the bill. All of those things have to be blended tating the transition of these nations The PRESIDING OFFICER. Without together into something workable for to democracy and their protection at objection, it is so ordered. industry and national security. I am critical moments. Mr. ENZI. I thank the Senator. prepared to explain any of those con- From military defense to economic Mr. President, some of the people cepts, to go into great detail with any- assistance, it is questionable whether working for the Federal Government one who needs that. Hopefully, we will Korea, Poland, Haiti, and scores of right now have worked in a number of not do that on the floor. I have been other nations would be free if it were capacities and have seen export licens- doing that for groups as small as one or not for the leadership of the United ing from more than one side. I would be as great as 500 for the last year. States. Now this generation of Amer- especially remiss if I did not mention But before you think that is all there ican leadership has a new challenge. As the dedicated and time-consuming help is, we threw in two new concepts that certainly as our parents and grand- of Undersecretary of Commerce Bill have been mentioned before, so I will parents fought to ensure that these na- Reinsch and especially Undersecretary not go into detail on those except to tions would have an opportunity to be of Defense Dr. John Hamre. At one mention that they are critical. We free, it is our responsibility to assure point, they had visited so much over threw in mass markets and foreign that these fledgling democracies have the telephone about this bill that they availability. We recognized that if an an opportunity to remain free, a chal- caught an ‘‘electronic bug’’ and were ill item is available all over the world, lenge that democracy is not a transi- for 24 hours. probably the bad guys get that, too. tional state but a permanent condition On my own staff, I thank Katherine And if a product is mass marketed in of mankind, and the nations that McGuire, my legislative director, who the United States, if it is so small and would represent them. also works with the committee, and so cheap and sold at enough outlets There is one threat developing now Joel Oswald, who is my committee per- that it could be legally purchased, eas- before us to this proposition. It in- son. ily hidden, and taken out of the coun- volves the people of Taiwan. During On Senator JOHNSON’s staff, I not try, that if you try to enforce that, you the late 1980s and 1990s, Taiwan under- only have to mention his tremendous will probably not get anywhere either. went an extraordinary transformation work and coordination, but I have to I could go on for a long time about from an authoritarian regime to a gen- mention Paul Nash, who sat in on the complexities in this bill—158 pages uine democracy. Taiwan provided an hours and months of meetings; on Sen- of detail. We have established a system example of peaceful political evolution ator GRAMM’s staff, particularly, that is transparent and accountable to from a military and authoritarian gov- Wayne Abernathy; on Senator SAR- Congress, requires recorded votes, has ernment to a true pluralist democracy BANES’ staff, particularly, Marty ways of getting things up to the Presi- with little violence, no military con- Gruenberg; the staffs from all of the dent, and allows for the President to frontation, and without a revolution. different committee chairs who have control some things. We recognized the After years of justifying tight secu- been involved in this. deficiency in the present system of dif- rity control, step by step, year by year, This bill has a lot of rabbits, and it ficulty of objecting to licenses, object- Taiwan created a genuine democracy. has taken a lot of people to keep track ing to things on the list, and we have In 1986, a formal opposition party, the of all of the rabbits, particularly as cleared those up. Now we need to clear Democratic Progressive Party, was they multiply. I would like to tell you up the misunderstandings that there formed. And in 1987, martial law was the debate we will hear on this bill is are with the bill. ended after more than 40 years. In 1991, going to be fascinating. I would like to Industry and national security—each President Lee ended the Government’s tell you that the bill will hold your at- side has the ability to walk away from emergency powers to deal with dissent tention, that you will be sitting on the this bill and cause its demise. It would and a new, freely elected legislature edge of your seat, but that would be be the simplest thing in the world. I chosen by the people was created. In false advertising. If the bill were that commend business and the security 1996, Taiwan’s democracy had matured thrilling instead of that detailed, it agencies for their efforts, their team- to the point that a Presidential elec- would have passed long ago. work, and their cooperation. They have tion was held. Taiwan had fully devel- This may be the most important de- read the reports that have come out on oped. Democracy had come of age. bate we have this year, but I have to this. The Cox report has been referred Now, in only a few days, on March 18, warn you, you can’t tell the players to many times. The Cox report says Taiwan will hold its second democratic without a program, and some parts of this needs to be done. Congressman Presidential election. The challenge to this debate don’t even allow a program. COX appeared before the Banking Com- this democracy and the rights of free- We will ask you to pretend that you mittee and testified that this bill needs dom of press, worship, and assembly so are James Bond, but the most exciting to be done. central to maintaining human freedom mission you will be assigned might I could go into other examples there. are no longer under attack from with- make you feel like a proofreader in an I am asking both sides, industry and in. The pressure is from Beijing. On the atlas factory. security, to stay together, to keep very eve of these elections, the Peo- We need to talk about country working to stay in the middle so that ple’s Republic of China issued a state- tiering. That is where all the countries we can have a system in place that will ment that constitutes a new threat to in the world are classified according to solve some of the problems of the Taiwanese democracy. China recently March 8, 2000 CONGRESSIONAL RECORD — SENATE S1281 issued its so-called white paper which full access to data on defense articles. by President Clinton—is new and im- warned that if Taiwan indefinitely It mandates the sale of nothing. It re- portant. delays negotiations on reunification, quires the transfer of no specific arti- Together with this Taiwan Enhance- China will ‘‘adopt all drastic measures cle. It does guarantee that this Con- ment Security Act, I believe it is an possible, including the use of force.’’ gress understand the security situa- important contribution in this current This goes beyond China’s previous tion, Taiwan’s requests, and a flow of debate on the problems of Taiwan secu- statements that it would take Taiwan information. It improves Taiwan’s rity. It is, most importantly, in accord by force only if it declares independ- military readiness by supporting Tai- with the language of the Taiwan Secu- ence or were occupied by a foreign wan’s participation in U.S. military rity Enhancement Act as passed by the power. The more democratic Taiwan academies, ensuring that their mili- House, which states, ‘‘Any determina- has become, the lower the bar appears tary personnel are trained, understand tion of the ultimate status of Taiwan to be for military intervention and a American doctrine, and could coordi- must have the express consent of the hostile settling of the Taiwan issue. nate if there were a crisis. This is not people of Taiwan.’’ These aggressive statements obvi- only good for Taiwan, it is good for the The Taiwan Enhancement Security ously only serve to increase tension in United States, ensuring that if trag- Act, therefore, and President Clinton’s the region and make a peaceful settle- ically there ever should be a confronta- own statement in response to recent ment among the people of Taiwan and tion, our own Armed Forces are in the provocations by Beijing, are not only the People’s Republic of China much best position to train people familiar similar, they are identical. I believe more difficult. This belligerent ap- with our doctrine and any mutual obli- the House of Representatives, in chang- proach obviously has precedent, almost gations. ing the Helms-Torricelli approach, has an exact precedent. In 1996, also on the Finally, it requires that the United made a valuable contribution. I be- eve of a Presidential election in Tai- States establish secure, direct commu- lieve, for the maintenance of the peace wan, the People’s Republic launched nications between the American Pa- and ensuring this Nation’s commit- missiles in a crude attempt to intimi- cific Command and Taiwan’s military. ment, that those nations which have date the people of Taiwan as they ap- Nothing would be more tragic than to chosen to be democratic, pluralist na- proached their election. enter into a military confrontation by tions, governed with the consent of mistake or misinformation. This en- It now appears that the election of their own people—the commitment of sures reliable, fast, secure information Taiwan’s new President will be close. It this Nation that those nations will not so the situation is available to our own is critical to the functioning of Tai- by force of arms or intervention have wan’s democracy that they thwart any military commanders. The legislation does not commit the their forms of government changed or belief in Beijing that intimidation will United States to take any specific altered will be enhanced. solve or contribute to the relationship military actions now, later, or ever. A Taiwan, today, is the cornerstone of between these peoples. It is critical full range of options are available to that American commitment. Tomor- that the people of Taiwan stand reso- the President and to the Congress. It row, it could be Africa or Latin Amer- lute and that their voters not allow also does not alter or amend our com- ica. How we stand now on the eve of these actions to intimidate them. mitments under the Taiwan Relations these free elections in Taiwan will There is obviously an American role. Act. Rather, it helps us to fulfill those most assuredly constitute a powerful The United States must respond to this commitments under the act and en- message in all other places where oth- ultimatum by making it absolutely sures that Taiwan’s security needs are ers would challenge these new and clear that our position is firm; it is un- adequately met. fledgling democracies. equivocal. The dispute between Taiwan If we pass this legislation, it makes Mr. President, I yield the floor. and Beijing will not be settled by mili- it less likely that we will become en- The PRESIDING OFFICER. The Sen- tary means, and the United States, in a gaged in any future conflict because ator from Connecticut is recognized. policy that is not unique to Taiwan, there will be no ambiguity, no chance Mr. LIEBERMAN. Mr. President, I will not idly witness a free people in a of miscalculation because of Taiwan’s ask what the pending business is. democratic nation be invaded or occu- ability to strengthen itself, and be- Mr. SANTORUM. We are in morning pied and have their political system al- cause of our mutual ability to assess business. tered by armed aggression. defensive needs, less chance of a mili- f This, I believe, is the cornerstone of tary calculation in the mistaken belief THE RISING COST OF FUEL American foreign policy in the postwar that either Taiwan will not be defended period. It remains central to who we or have the ability to defend itself. Mr. LIEBERMAN. Mr. President, I are as a people and our role as the There is an important national inter- rise this afternoon to speak with my world’s largest and most powerful de- est in integrating the People’s Repub- colleagues about the justifiably in- mocracy. Any ambiguity will, on the lic of China into the world’s economy creasing concern among the American other hand, only serve to embolden and in promoting the growth of democ- people about the increasing price of Beijing and can lead to dangerous mis- racy and human rights in a nation that gasoline and other fuels. interpretations and miscalculations. will play a vital role in the coming The fact is that our gas pumps are There is, within this Congress, the century. But our overall relationship fast turning into sump pumps for opportunity to end any possible ambi- cannot possibly develop quickly and American pocketbooks. Just 2 days guity. The House of Representatives positively if China continues to seek a ago, the Energy Information Adminis- has passed, and the Senate has before military solution to the question of its tration pegged the average current re- it, the Taiwan Security Enhancement relations with the people of Taiwan. tail price for a gallon of gas at $1.54. Act. Senator HELMS and I introduced By not making our policy clear, by That is the highest level in a decade for this legislation last year in the Senate. not assessing the military situation, this time of the year. The House has spoken overwhelmingly we do not contribute to the avoidance Unfortunately, this is not the end of in favor of our legislation, as modified. of military conflict. We enhance the it. Prices are expected to soar beyond The question is before this Senate. possibility of military conflict. This this height in the months ahead. In The legislation Senator HELMS and I legislation, I believe, is a strong state- fact, the Energy Information Adminis- have offered is designed to ensure Tai- ment that avoids miscalculation and tration is projecting an average price wan’s ability to meet its defensive se- lessens the chances of conflict. Presi- of more than $1.80 a gallon of gas by curity needs and to resist Chinese in- dent Clinton made a strong statement Memorial Day, the start of the summer timidation. It imposes no new obliga- last week in support of a peaceful reso- driving season. tions on the United States. The legisla- lution of this issue when he said: That is, in and of itself, according to tion, as passed by the House, will sim- Issues between Beijing and Taiwan must be experts on oil pricing to whom I have ply strengthen the process for selling resolved peacefully and with the assent of spoken, an optimistic assessment. It is defense articles by requiring an annual the people of Taiwan. predicated on the promises of several report to Congress on Taiwan’s defense This formulation’s emphasis on the OPEC nations that they will raise their requests and ensuring that Taiwan has ‘‘assent of the people’’—the words used production of oil after their March 27 S1282 CONGRESSIONAL RECORD — SENATE March 8, 2000 meeting and thus lower the price of could be used in cases as the one we such as natural gas and oil, where that crude oil. just experienced in the Northeast when is possible within our own domestic There are very reputable analysts of there was what I consider to be an arti- control. oil markets who are saying the average ficial rise in price based on the OPEC Mr. President, I think we have to per gallon price of gasoline will go to $2 cartel limiting supply in what is, after more aggressively try to convert and and in some places as high as $2.50 a all, a critically necessary commodity— develop supplies of energy in our con- gallon this summer. Ouch. That is not fuel. trol. We have to more aggressively sup- only unprecedented but will have a dis- It would allow this reserve to imme- port conservative efforts and develop- astrous effect not only on individual diately put out at times such as this in ment of renewable, cleaner sources of businesses and consumers, particularly the future an amount of home heating energy. We have to be prepared to in- those of more modest average means, oil, distillate product—it could go for vest and continue to support even more but it will, I am afraid, have a disas- diesel fuel as well, where price in- aggressively some of the pioneering, trous effect on our economy, setting off creases have so hurt truckers—to raise pathbreaking work being done in the a vicious cycle of prolonged oil price supplies so that the price could decline automobile industry to develop high- increases, an increase in inflation to a more balanced point. fuel-efficiency vehicles. rates, corresponding hikes in interest Work goes on and discussion goes on. Very exciting work is being done, and rates, and a stall in the historic run of This idea could be a model in energy we can help with further support in the economic growth we have had over the shortages in other regions. Some re- development of fuel cells as a renew- last several years. gions dependent on propane, for in- able clean source of energy. The truth Another consequence of oil price in- stance, might create similar reserves is, no matter how strong, innovative, creases, as we unsettlingly saw yester- that could be used to effect when artifi- entrepreneurial, and how great our in- day, could be significant declines in cial prices create dramatically increas- creases in productivity are in this the stock markets. I understand the ing prices. country, until we invest more into the decline yesterday was attributed not I look forward to continuing those energy that drives our economy, we are just to oil price increases but also to discussions with the administration. going to be subject to being effectively the report from Procter & Gamble that At a minimum, if we can do something brought to our knees and having our they would be reporting lower quar- between now and next winter, it will markets and our bank accounts follow terly profits than were expected. But give people and businesses in the down in that direction. oil price increases are part of it. Northeast some comfort—I apologize Another item discussed at the meet- Not surprisingly, yesterday crude oil for the metaphor—but a kind of secu- ing with President Clinton and Sec- trading on the New York Mercantile rity blanket, if you will, so that next retary Richardson last week, advanced Exchange rose $1.95 to $34.13 a barrel, year, if OPEC again reduces supply, by my colleague and friend from New which is the highest level increase they will have the home heating oil at York, Senator SCHUMER, Senator COL- since November 1990—the highest level reasonable prices to heat their homes LINS of Maine, and others, was, in this increase in a decade. and businesses. crisis, to be prepared to either swap or I trust that my colleagues are hear- Let me turn now to the gasoline draw down the Strategic Petroleum ing from their constituents, both indi- price increase which is now going Reserve, in which there is now approxi- vidual and business, as I am, with com- across the country and has very signifi- mately 580 million barrels of oil owned plaints ever more vociferous about the cant ramifications for our economy by the taxpayers of the United States, strain this price spike in gasoline is overall. and put some of that at this critical putting on their family and business My apologies to Ernest Hemingway. I moment into our economy as a way to budgets. As these energy and transpor- ask, For whom does the gas pump toll fill the gap between supply and de- tation costs continue to climb, the today? I say the answer is, It tolls for mand, and, frankly, as a way to let our cries for help will also increase. us—not just that we are paying it, but friends at OPEC know that, though our The squeeze is now being felt across it should remind us once again of the resources are limited, they are not the country, but it constitutes for us in debilitating dangers of our dependence meager and that we are prepared to the Northeast the second chapter of on foreign oil, reminding us that our contend with their artificial inflation this current sad story of energy pricing consumers and our economic security of oil prices. I report these developments to my since, as I know you know, Mr. Presi- are being held hostage by the decisions colleagues and say I believe that the dent, the State of Connecticut and the of the OPEC producers as they are in President, at least, is keeping the op- entire Northeast was particularly hard this case following their own interests, tion of using oil from the Strategic Pe- hit by a prolonged price shock in home but it is not in our interest. troleum Reserve on the table. No com- heating oil, which more than doubled No matter how great a country we mitments were made, no decision was in a space of months the amount people are—the strongest country in the made either about that or a final deci- in our region of the country were pay- world, the most successful economy sion made about the strategic heating ing. So this jump now in the price of with the greatest standard of living— oil reserve for our region that I dis- gasoline represents what might be we have put ourselves in a position cussed earlier. I appreciated the discus- called a ‘‘double energy pricing where a small group of nations, be- sion and I appreciated the active and, whack.’’ cause they control this commodity— obviously, concerned interest that was Last week, on Thursday, several oil—that is so vital to us, can hold us expressed by the President at the meet- Members of Congress in both parties hostage. ing last week. were invited to the White House for a So the President has to send the Sec- I look forward to continuing those meeting of the President, Secretary retary of Energy and others, basically, discussions. I hope we can do it in a Richardson, Secretary Summers, and pleading with these oil-producing coun- spirit of reason and balance and not in others in the administration to discuss tries that are supposed to be our a spirit of panic because our economy these matters. It was a spirited discus- friends and allies to get reasonable and has been stalled and our markets have sion and one that represented a very to increase the supply so that they fill been essentially attacked and have good exchange. at least the two-million-barrel-per-day fallen as a result of this shortage in oil I say to my neighbors and constitu- gap between supply and demand on supply, based on the actions of an oil ents in the Northeast that the most en- world oil prices. cartel, OPEC, which hurts the United couraging part of the discussion to me I hope as we face this crisis, though, States because of our continuing de- was the receptivity of the administra- we will take steps to declare—as we pendence on foreign oil. tion to an idea that my colleague from have been saying now for two decades, I yield the floor. Connecticut, Senator DODD, and I put but to do it hopefully with some mean- The PRESIDING OFFICER. The dis- forward to create a regional home ing, greater meaning—energy inde- tinguished Senator from Georgia is rec- heating oil reserve—not crude oil as in pendence, and to do so by tapping in ognized. the Strategic Petroleum Reserve we more vigorously to the supplies of en- (The remarks of Mr. CLELAND, Ms. have now but home heating oil which ergy over which we have some control, MIKULSKI, and Mr. AKAKA pertaining to March 8, 2000 CONGRESSIONAL RECORD — SENATE S1283 the introduction of S. 2218 are located they had received wrongfully and ille- charges of tax evasion, I believe, aris- in today’s RECORD under ‘‘Statements gally. Eventually, the Clinton Depart- ing out of this same matter. She was on Introduced Bills and Joint Resolu- ment of Justice proceeded with this in- tried and convicted here on separate tions.’’) vestigation. charges. Mr. CLELAND. I suggest the absence The Judiciary Committee chairman, Oddly, this judge, who was a nominee of a quorum. ORRIN HATCH, and the chairman of the of the President of the United States, The PRESIDING OFFICER. The Governmental Affairs Committee, somehow got these cases and presided clerk will call the roll. FRED THOMPSON from Tennessee, re- over them. I think there is a real ques- The assistant legislative clerk pro- peatedly urged the U.S. Attorney Gen- tion whether he should have taken the ceeded to call the roll. eral not to investigate that case herself cases. Mr. SESSIONS. Mr. President, I ask because she held her office at the pleas- There is no doubt in my mind, as a unanimous consent that the order for ure of the President of the United professional prosecutor who has been the quorum call be rescinded. States. He could remove her at any through these cases for many years, The PRESIDING OFFICER (Mr. time. Even if she did a fair and good that the prosecutor’s duty is to make CRAPO). Without objection, it is so or- job with it, people would have reason sure the defendant is given credit for dered. to question it. They urged her repeat- cooperating; that is, spilling the beans, Mr. SESSIONS. I ask unanimous con- edly—and I have, others have, and a admitting he did wrong, asking for sent to speak as in morning business. large number of Senators have—to turn mercy in those cases, agreeing to tes- The PRESIDING OFFICER. The Sen- this over to an independent counsel. tify about what he knows. When you do ate is in morning business with Sen- She did on many other investigations. that, you are entitled to get less than ators permitted to speak for up to 10 But this one they would not let go of; the sentencing guidelines would cause minutes. they held onto it. The President’s own you to get. The Senator may proceed. appointees held on to this campaign fi- But the critical thing is, Mr. Huang f nance investigation. knew high officials in this administra- I spent 15 years as a Federal pros- tion and knew the President. I believe NOMINATION OF RICHARD A. PAEZ ecutor, 12 as a U.S. attorney, 21⁄2 as an he spent the night in the White House. Mr. SESSIONS. Mr. President, I be- assistant U.S. attorney. I have person- He has certainly been there for meet- lieve I have the responsibility today to ally tried hundreds of cases. I have per- ings at times. So this was a man who write the majority leader to ask that sonally participated in, supervised, and had been involved in not just some in- we not proceed to vote on the Paez directly handled plea bargains. I know advertent event but a very large effort nomination, and to ask that additional something about the sentencing guide- to solicit foreign money, some of it hearings be held on that nomination to lines, which are mandatory Federal connected to the country of China, determine whether or not he correctly sentencing rules saying how much time which is a competitor of the United and properly handled the guilty plea one should serve. States. It was a big deal case. and sentencing of John Huang in Los What happened is that the case did Knowing that the person who had Angeles, CA, that fell before his juris- not go before a Federal grand jury for nominated him at that very moment diction in the Los Angeles district indictment. The prosecutor, a Depart- could have been embarrassed or maybe court. ment of Justice employee, and Mr. even found to be guilty of wrongdoing This is a matter of importance. It is Huang and his attorneys met and dis- if Mr. Huang spilled all the beans, I am something we have not gotten to the cussed the case. They reached a plea not sure he should have taken the case bottom of. It is something my staff has agreement. That plea agreement called at all out of propriety, but he took it, uncovered as we have come up to this for him to plead guilty to illegal con- assuming he did the right thing. final vote. I believe it is important. tributions to the mayor’s race in Los The case then came up for sen- Judge Paez is a Federal judge today. Angeles for $7,500—maybe another lit- tencing. Some of the people who defend He has been controversial because of tle plea, but I think it was just that Judge Paez have told me repeatedly in his activist opinions and background $7,500—and he would be given immu- recent days that they don’t believe it and has been held up longer than any nity for the $1.6 million or any illegal was Judge Paez’s fault so much as it other judge now pending before the contributions he may have received for was the fault of the Department of Jus- Congress. We have only had a few who the Clinton-Gore campaign that had to tice, that they did not tell him all the have had substantial delays, probably be refunded. He would be given immu- truth; they acted improperly; if they fewer than two or three. There are two nity for that. He was supposed to co- had told him all the facts, he may have now who have been delayed. He is still operate and testify. That was going to rendered a more serious sentence than the longest. I do not lightly ask that justify the sentence. he did under these circumstances. he be delayed again, but he is a sitting After they reached this agreement I have had my staff review the plea Federal judge; he has a lifetime ap- and Mr. Huang agreed to waive his con- agreement. Much of it is not available pointment. It is not as if his law prac- stitutional rights to be indicted by a to us. We did not get the pre-sentence tice is being disrupted and he is being grand jury, he said: Don’t take me be- report, which I would love to see. We left in limbo about his future. He can fore a grand jury. You make a charge, did not get to see some other matters continue to work until we get to the Mr. Prosecutor, called an information, involving the extent of the cooperation bottom of this. instead of an indictment, and I will of Mr. Huang. That was not available The President seeks to have him con- plead guilty to that. So they worked to us. But we do have a transcript of firmed to the Ninth Circuit Court of out an agreement. He agreed to plead the guilty plea, what went down and Appeals, which is the highest appellate guilty to that. what facts were produced and what court in the United States except for Sometimes that is done. It is not in facts the judge did know and the judge the Supreme Court. It is a high and im- itself wrong, but it is a matter that in- was told. portant position. We ought to make creases the possibility of an abusive re- It appears to me the judge was not sure we know what really happened out lationship between the prosecutor and told all the facts by the Department of there when John Huang was sentenced. the defendant, I must admit. Justice. That is a very serious thing, if Basically, that is what happened. The They say that cases are randomly as- it occurred. It is a failure on their part John Huang case was part of the inves- signed in Los Angeles. There are 34 to fulfill the high ideals of justice in tigation of campaign finance abuses by judges in Los Angeles. Judge Paez was this country. the Clinton-Gore team in the 1996 elec- one of those judges. He got the Huang If we look on the Supreme Court tion. Mr. Huang is the one who raised case. Curiously, he also got the Maria building, right across the street from $1.6 million, a lot of it from foreign Hsia case. They had a case against the Capitol, the words written in big sources, the Riadys in China—those Maria Hsia in Los Angeles because she letters on the front of that building are kinds of things. Ultimately, the Demo- was involved in this, too, and they these: Equal justice under law. When cratic National Committee had to re- eventually tried her a few days ago and charges were brought against President fund $1.6 million that they believed convicted her in Washington on Nixon, the impeachment charges voted S1284 CONGRESSIONAL RECORD — SENATE March 8, 2000 against him were clearly established by fraudulent scheme was committed out- should not play with the sentencing the Supreme Court—that the President side the United States. Under the sen- guidelines. I assure you that 18-, 19-, and no person in this country is above tencing guidelines, that calls for add- and 25-year-old kids, every day, going the law. ing two different levels to this sen- into Federal court—and I have seen it; We are a government of laws and not tence. Judge Paez made no adjustment. I presided over them—are getting 10, of men. That is a foundation principle He did not increase the level for the 15, 25 years without parole because of America. It is in our early debates fact that in part of this scheme the they are significant drug dealers and about establishing the Constitution money came from outside the United they have been selling crack. They are and the rule of law. States. People who were giving the sent off to the slammer and nobody We are a government of laws and not money were from outside the United worries about them. of men. That was raised during the States. A substantial part of this in- So how is it that John Huang raises drafting of the impeachment clause. I volved international activity. That is $1.6 million that had to be returned, remember I researched that at the precisely the motive behind adding to pleads guilty to some token offense on time. That high ideal was discussed by punishment within the level of guide- a contribution to the mayor of Los An- the people who wrote our Constitution. lines. The judge failed to do so. I be- geles, and he gets to walk out without So I say to you that this was a high- lieve he clearly should have done so 1 day in jail? Well, the prosecutor was profile case of immense national inter- under the circumstances. at fault, in my opinion. This was an un- est. It had been a subject about which He also had evidence that at least 24 justified disposition of this case, in TV and news stories, magazines, news- illegal contributions were spread out light of the circumstances involved. papers, and so forth have written—the over the course of 2 years involving I cannot imagine that anybody can Huang case. The American public had multiple U.S. and overseas corporate ultimately defend the disposition of every right to expect this case would entities, which John Huang was re- this case. They may say, well, the be handled scrupulously and that there sponsible for soliciting and reimburs- judge just followed the prosecutor’s not be the slightest misstep. ing these illegal contributions. So he recommendation. The judge did follow A judge with a lifetime appointment was actively involved with these cor- the prosecutor’s recommendation, but ought not to have felt in any way obli- porations. Under Federal guidelines, he was not required to do so. In that gated to do anything other than con- ‘‘If an individual is an organizer or a plea bargain, as I noted, it said the duct himself according to the fair and manager that significantly facilitated judge is not required to follow this plea just aspects of handling this case. the commission or concealment of the bargain. If he, Mr. Huang, rejects it, we That, to me, was basic. That is why we offense’’—that is a direct quote— will withdraw the plea and we will go give the stunning power of a lifetime ‘‘under 3(b)1.3, he should be given a 2 to back to square one and start all over. appointment. But we have to ask that 4 level increase.’’ The judge is not required to accept it. they adhere to high standards in uti- Judge Paez gave him no level in- The judge wasn’t required to accept the lizing that power. If they misuse it, we crease for those two acts. John Huang plea, and he should not have accepted can’t vote and say: We don’t like the also was ‘‘an officer and director of this plea. way you are doing your job, judge, we various corporate entities involved and These are the exact words from the are going to remove you. No. He has a also was a director and vice chairman plea agreement: constitutional right to a lifetime ap- of a bank.’’ What does that mean when This agreement is not binding on the pointment, unless he commits an im- you are doing sentencing guidelines? court. The United States and you— peachable offense. Bad decisions are Under the guidelines, if an individual Meaning Mr. Huang, in the contract not impeachable offenses. abuses a position of public or private between the prosecutor and Mr. So the judge took this case, and I be- trust, such as using his position as a Huang— lieve he had a high obligation to con- board director and vice president of a duct himself properly. The whole Na- bank in a manner that significantly fa- understand that the court retains complete tion was watching. Maybe he didn’t discretion to accept or reject the agreed cilitated the commission or conceal- upon disposition provided for in this agree- have all the facts, but we found that he ment of the offense, then he should ment. If the court does not accept this agree- started at a base level of 6. Under our have added two additional levels for ment, it will be void, and you will be free to Federal sentencing guidelines—many that. Right there, we are talking about withdraw your plea of guilty. If you do with- of you may not know, but this Con- at least six, maybe eight, different ad- draw your plea of guilty, this agreement gress did a great thing a number of ditional levels. The judge found no in- made in connection with it and the discus- years ago. When I was prosecuting creases for that. sions leading up to it shall not be admissible cases, they eliminated parole and put a So when he pleaded guilty, Judge against you in any court. restriction on how a judge could sen- Paez found that his level was eight. That is standard language. I have tence. They said you have to carefully That is very critical because, I am sad used it many times myself. The judge evaluate every case that comes before to say, that is the highest level you was obligated to follow the law of the you, and we have a sentencing commis- can have and still get probation and United States. He was obligated to sion that goes over the details. not spend a day in jail. It calls for a make sure justice occurred, if there There are guidelines about what you sentence of zero to 6 months if you was equal justice under the law. must find. If you find the defendant have level 8. If the judge wants to be I don’t know how judges who send used a gun, or that he is a previously tough, he can give him 6 months if he kids to jail for 20 years without parole convicted felon, or that he used corrupt falls under level 8. If he wants to be le- can sleep at night when they are talk- means to organize an entity, all of nient, he can give straight probation, ing about letting this guy off the hook these factors could increase the time or zero time in jail. Judge Paez gave for this offense. he or she serves in jail. How much him probation, the lowest possible sen- Mrs. BOXER. Mr. President, will the money was involved could increase the tence. If it would have been level 9, the Senator yield? time in jail; a little bit is less, and lowest possible sentence would have Mr. SESSIONS. Yes. more is more. Judges have used all of been time in the slammer, in the bas- Mrs. BOXER. I know my friend those guidelines. But there was great tille where he belonged. doesn’t want us to vote on Judge Paez. concern in the Congress that many I am troubled by that. I know there Mr. SESSIONS. Let me just say to judges in Federal court didn’t sentence was a lot of pressure to move this case the Senator that I have asked for an appropriately. You might have an of- along, get this case out of the way and additional hearing to find out if I fense in one district that is treated one not have any embarrassment. I am sure might be wrong about this and hear way, and it might be treated much there was a lot of tension. But a life- both sides of it. But I am not going to more lightly in another district. So he time-appointed Federal judge should support a filibuster on this nomina- got the base level for that. have a commitment to the highest tion. If we do that, we will just vote on One of the factors that the judge had standards of integrity. Even if it in- it, as far as I am concerned. awareness of and had the evidence on volved the President of the United Mrs. BOXER. I thank my friend very was that a substantial part of this States, the man who appointed him, he much. March 8, 2000 CONGRESSIONAL RECORD — SENATE S1285 I want to ask him if he read what can be responsible for, in my view. If equivocally rejecting all direct income Senator SPECTER said regarding the evidence was withheld from him, I un- taxes that were not apportioned to two cases we raised, the Maria Hsia derstand that. But what I have been each state by its population. case and the Huang case. I ask the Sen- quoting here is what he did have. During the following 100 years, this ator to react to this because I think it I also note in Roll Call, in the Repub- provision brought enormous economic is important. lican Representative Jay Kim proba- opportunities and prosperity for Amer- When asked if this vote ought to be tion case, they said Judge Paez’s sen- ica. Although Congress attempted to put off, he said: tence of Representative Kim was a enact income taxes in the late 19th These matters are now ripe for decision by mere slap on the wrist and makes us century, the Supreme Court repeatedly the Senate. There has been some suggestion think that the Senate Judiciary Com- declared the income tax unconstitu- of a further investigation on this matter, but mittee ought to question whether or tional. As a result, between 1870 and when Judge Paez’s nomination has been not Paez is too soft on criminals to be 1913, before the income tax was levied, pending since 1996, and all of the factors on a Federal judge. the U.S. economy expanded by over 435 the record demonstrate it was the Govern- The PRESIDING OFFICER. The Sen- percent in real terms. This was an av- ment’s failure, the failure of the Department erage growth rate of more than 10 per- of Justice to bring these matters to the at- ator’s time has expired. tention of Judge Paez and on the record, he Mr. SESSIONS. I thank the Chair. cent per year, without inflation. has qualifications to be confirmed. I hate to ask this to be delayed. But Congress has passed many ill-advised laws, but nothing has been more disas- In other words, what Senator SPEC- he is a sitting Federal judge. It is not trous than the passing of the 16th TER is saying is that Judge Paez was messing up his Federal practice in a amendment in 1909, which allowed the following the recommendation of the couple or three weeks to get to the bot- tom of this and how the case was as- Federal Government to begin levying prosecutor. and collecting income tax as of March I ask my friend: When the prosecu- signed, because it didn’t come out of an indictment by a grand jury, it came 8, 1913. tors say this is what we think is the This shift in policy represented the best for the case, is it really that un- out of the handling by the prosecutor. In my experience, those cases are not efforts of those liberal elements who usual for a judge to say let the prosecu- believes and promoted the ideology tion stand? If we want to accuse Judge randomly assigned. Quite often, they are taken directly by the prosecutor to that society has a claim on one’s cap- Paez of something, it ought to be that ital and labor. They suggested that the he was soft on the case, No. 1. I say to the judge. I would like to have somebody under redistribution of private income would my friend: It was randomly selected; he increase equality among people. Their got these two cases; he didn’t ask for oath explain to me how the Hsia case and the Huang case went to Judge strategy was simple: they claimed this these cases. No. 2, he followed the pros- income tax was to ‘‘soak the rich’’ and Paez. Out of 34 judges, they went to ecution’s request, and he is being con- was not supposed to provide a mecha- Judge Paez. That doesn’t strike well demned for it. nism for Washington to reach into with me. I would like to know that be- My last point is—I know my friend most Americans’ pockets—the argu- fore we go forward with the vote. If he will comment on all of this—my friend ment we still hear again and again on has a good answer, I am willing to ac- was interested in the sentencing issue the Senate floor. surrounding Judge Paez. We have the cept it. Initially, less than 1 percent of all facts on that, and he does as well. I yield the floor. Americans paid income tax. Only 5 per- I think it is important to note that if The PRESIDING OFFICER. The Sen- cent of Americans paid any income tax you look at U.S. district court as a ator from Minnesota. as late as 1939. But today, nearly every whole— Mr. GRAMS. Mr. President, I ask American is subject to the income tax. Mr. SESSIONS. I have the floor. unanimous consent to be allowed to The Federal tax burden is at an his- Mrs. BOXER. I will come back to it. proceed in morning business for up to toric high. A median-income family Mr. SESSIONS. I will finish, and the 10 minutes and that my remarks be fol- can expect to give up nearly 40 percent Senator can respond. lowed by the Senator from California, of its income in Federal, State, and Mrs. BOXER. I appreciate my friend Mrs. BOXER. local taxes—more than it spends on yielding. I will wait. The PRESIDING OFFICER. Without food, clothing, transportation, and Mr. SESSIONS. I am sorry. I will be objection, it is so ordered. housing combined. happy to enter into a dialogue and Mr. GRAMS. Thank you very much. More Americans are working harder come back to it later. f and are earning more today. But a Senator SPECTER was, in fact, a State THE INCOME TAX ANNIVERSARY large share of the higher incomes of prosecutor. He is familiar in that boiler hard-working Americans aren’t being room of Philadelphia when judges are Mr. GRAMS. Mr. President, 87 years spent on family priorities, but are in- sitting up there and prosecutors come ago today, the Federal Government stead being siphoned off by Wash- forward on burglary cases. The judge is began collecting income tax. I rise not ington. a victim. He has to take the rec- to celebrate the anniversary, but to They are working harder, but they ommendation of the prosecutor and condemn the occasion. What began as a are taking home less money because does so routinely. Federal judges try to simple flat tax on the revenue of a few the Government is taking a bigger bite do that, but it is always recognized has turned into a Pandora’s box that out of their paychecks. Then there is that they have ultimate responsibility, devastates many. And so I take this op- ‘‘bracket creep.’’ I think everybody as this plea agreement says. portunity today to strongly urge Con- knows what that is. It means a large In a case of national importance, gress to begin repealing the process of share of revenues goes to taxes as infla- which in itself just on the face of it the constitutional amendment grant- tion pushes you into another income does not pass the smell test, in my ing the Federal Government the power level, or another tax bracket, so Wash- view, he should not have accepted it. to tax, abolish the income tax, and re- ington can get a bigger bite out of your Another thing Senator SPECTER has place it with a tax that is fairer, sim- paycheck. never done is handle the sentencing pler, and friendlier to the taxpayers. Mr. President, is this what our guidelines. They were not a part of the The reasons for abolishing the Fed- Founding Fathers fought for? Even the State courts of Philadelphia or Penn- eral income tax are compelling. To sponsor of the 16th amendment, Con- sylvania, but they were a part of the begin with, the income tax has clearly gressman Sereno E. Payne of New Federal court where Judge Paez was violated the fundamental principles York, later realized his mistake and sitting. I don’t think Senator SPECTER upon which this great Nation was denounced direct taxation as ‘‘a tax has ever considered the fact that the founded. upon the income of honest men and an evidence is what the judge had, and he Mr. President, our country was born exemption, to a greater or lesser ex- did not have all that he should have out of a tax revolt—a tax revolt built tent, of the income of rascals.’’ had. But what he did have indicates upon freedom and liberty. To preserve T. Coleman Andrews, a former com- that he did not properly apply the liberty, our Founding Fathers crafted missioner of the Internal Revenue guidelines. That is the only thing he an article in the Constitution un- Service said: S1286 CONGRESSIONAL RECORD — SENATE March 8, 2000 Congress [in implementing the 16th Not only does this money belong to Radcliffe College and Boalt Hall Uni- Amendment] went beyond merely enacting them, but the American people will versity of Law. She served as a law an income tax law and repealed Article IV of spend it far more intelligently than clerk for the Ninth Circuit Court of Ap- the Bill of Rights, by empowering the tax Washington politicians ever could. peals, Judge James Browning, and for collector to do the very things from which that article says we were to be secure. It Mr. President, on this somber income U.S. Supreme Court Justice William opened up our homes, our papers and our ef- tax anniversary, I argue that we have Brennan. She has argued four cases in fects to the prying eyes of government no choice but to repeal the income tax the Supreme Court of the United agents and set the stage for searches of our and abolish the IRS. I urge my col- States and filed dozens of briefs in the books and vaults and for inquiries into our leagues to join me in a pledge that we Court in a wide variety of cases. She is private affairs whenever the tax men might will dedicate ourselves to replacing the praised broadly not only by those decide, even though there might not be any Tax Code with a better system early whom she had as clients, but more tell- justification beyond mere cynical suspicion. next Congress, as we continue to do ev- ing, I think, she is praised by the peo- To my colleagues who would brush erything we can to reduce the existing ple she opposed, people on the other off that statement as an exaggeration, tax burden on the overtaxed American side of the case. People of both polit- I remind them of the horror stories we people. ical parties have praised Marsha. heard from many of our constituents 2 The PRESIDING OFFICER. The Sen- I could go on with the extensive years ago, when the Senate Finance ator from California. quotations of the high regard she is Committee held hearings into abuses f held in, but they were printed in the carried out by the IRS. Those poor tax- NOMINATIONS RECORD yesterday. payers whose lives were shattered She is supported by Senator HATCH. thanks to the unwarranted excesses of Mrs. BOXER. Mr. President, as one of He is also supporting Richard Paez. an overeager tax collector were not ex- the two California Senators, this is a ARLEN SPECTER is very strongly in aggerating. very big day for two Californians who favor of her. She is supported by The income tax must be abolished be- have been nominated for the Ninth Cir- former Republican Senator James cause it has become so complicated and cuit Court: In the case of Richard Paez, McClure of Idaho. She has the support inefficient. The Federal Tax Code more than 4 years ago, the longest of Paul Haerle, Associate Justice of the today stretches on for more than 7 mil- time anyone has had to wait for a vote Court of Appeals, First Appellate Dis- lion words, and is made up of 4 huge in a 100-year history; and Marsha trict in California, who is the former volumes, another 20 volumes of regula- Berzon, nominated a couple of years chair of the California Republican tions, and thousands of pages of in- ago. Party and a former point secretary to structions. Not even tax accountants I am grateful we have gotten to this then-Governor and then-President Ron- or lawyers fully understand it. What day. I am very hopeful. In fairness, our ald Reagan. chance does the average taxpayer have colleagues from both sides of the aisle She has tremendous support from law of getting it right? will make a statement on this cloture enforcement: From the president of the The government publishes 480 sepa- vote, if we have to have a cloture vote, California Correctional Peace Officers rate tax forms and mails out 8 billion that they do deserve an up-or-down Association; from Arthur Reddy, Inter- pages of forms and instruction each vote. national Union of Police Associations; year. The IRS employs over 10,000 I will attempt in the next few min- Robert Scully, the National Associa- agents to collect taxes, more agents utes to put a face on the nominations. tion of Police Organizations; from Wil- than the FBI and the CIA combined. I had about 5 minutes to speak yester- liam Sieber, president of the Los Ange- The income tax must be abolished be- day and will take a little bit longer les Professional Peace Officers Associa- cause it keeps enlarging the govern- today. tion. She has a huge amount of support ment. In Washington, taxing and I will introduce Marsha Berzon, who in the business community which I spending always go hand in hand. As is a stellar attorney. She is shown with think is important to those on both the income tax rate goes up, govern- her husband and her two children. This sides of the aisle. ment spending explodes. Between 1913 is a wonderful woman. The whole fam- I ask unanimous consent to have a and 1999, inflation-adjusted federal gov- ily has been so excited about her nomi- list of supporters printed in the ernment spending increased by more nation, but every time we think we RECORD. than 16,000 percent. will have a vote, we don’t seem to get There being no objection, the mate- The income tax must be abolished be- there. rial was ordered to be printed in the cause even in an era of budget surplus, I say to Marsha and her family: We RECORD, as follows: it allows the government to continue will have a vote and I am optimistic overcharging Americans as we see you are going to be seated on this LETTERS OF SUPPORT FOR MARSHA S. BERZON, NOMINEE TO THE NINTH CIRCUIT U.S. COURT today with our surpluses. According to bench. OF APPEALS the Congressional Budget Office, work- Marsha Berzon is exquisitely quali- ELECTED OFFICIALS ing Americans’ tax overpayments will fied, as is Richard Paez. She is a native be as high as $1.9 trillion in the next 10 of Ohio. She was raised in New York. Arlen Specter, U.S. Senator (R–PA) Former Senator James A. McClure (R–ID) years. After the biggest tax increase in She now lives in California, is married history, President Clinton has repeat- to Stephen Berzon, shown here. She JUDGES edly denied working Americans a tax practices law with her husband and is a Paul R. Haerle, Associate Justice, Court of refund and refuses to return tax over- mom of two youngsters. Appeal, First Appellate District, Cali- fornia (former chair Cal. Republican payments to the American people. His She was first nominated to the U.S. Party, former Appointments Secretary last budget again increases taxes in- Court of Appeals for the Ninth Circuit to Gov. Ronald Reagan) stead of cutting them. In a time of sur- in January of 1998, and she testified be- Michael M. Johnson, Superior Court Judge, plus, this President is out with a pro- fore the Senate Judiciary Committee Los Angeles posal to again increase your taxes. in July of 1998. There was no action on LAW ENFORCEMENT How is this possible? We would all her nomination in the 105th Congress, Don Novey, President, California Correc- agree that if a customer is overcharged so her nomination was sent back and tional Peace Officers Association, West for a service he receives, the right she testified on June 16, 1999. Then she Sacramento, CA thing for the merchant to do is to re- was favorably reported out of the com- Arthur J. Reddy, International Vice Presi- turn the extra money—not keep it be- mittee. dent, Legislative Liaison, International cause the merchant has other things We are very hopeful since the com- Union of Police Associations AFL–CIO, he’d like to spend it on. The same prin- mittee considered her to be very well Alexandria, VA ciple holds true for tax overpayments. qualified that the Senate will agree. Robert T. Scully, Executive Director, Na- tional Association of Police Organiza- I strongly believe we should return tax Let me give a few of her qualifica- tions, Inc., Washington, DC overpayments to their rightful own- tions. She is a nationally known and William Sieber, President, Los Angeles ers—the taxpayers—rather than spend extremely well-regarded appellate liti- County Professional Peace Officers Asso- them on new government programs. gator. She is a graduate of Harvard/ ciation, Monterey Park, CA March 8, 2000 CONGRESSIONAL RECORD — SENATE S1287 BUSINESS LEADERS Mrs. BOXER. In there you will see For 13 years, he served as municipal Lydia Beebe, Chair, Fair Employment and deans of law schools. You will see court judge. Then he was nominated to Housing Commission, Corporate Sec- many attorneys who have come to ap- the district court. He has been in that retary, Chevron Corporation, San Fran- preciate Marsha. Again, this is a capacity now for about 51⁄2 years. As cisco, CA woman who has tremendous support in the first Mexican American on that William F. Boyd, Vice President, Corporate the community, Republican and Demo- Counsel and Secretary, Coeur d’Alene district bench, he has proven himself to Mines Corporation, Coeur d’Alene, ID crat; a fine family member. She will be be a role model and a real leader. Dennis C. Cuneo, Vice President, Toyota an asset to this court and I am very He has won the respect of law en- Motor Manufacturing North America, hopeful Marsha will receive the over- forcement and attorneys who practice Inc. Earlanger, KY whelming vote of this body. in his court. They have analyzed his John D. Danforth, Vice President and Gen- Did my friend have a question? I rulings. We have an amazing article eral Counsel for Creative Labs, Inc., would say to my friend, he is, I know, that I have already had printed in the Milpitas, CA waiting to speak. I also had to wait RECORD. I wanted to refer my col- William D. Ruckelshaus, Madrona Invest- quite a while. I am going to be about ment Group, L.L.C., Seattle, WA leagues to it. It is from the Daily Jour- Patricia Salas Pineda, Vice President and another 15 minutes. nal, a very open, bipartisan review of General Counsel, New United Motor Man- So today we have this wonderful op- Richard Paez. People from the most ufacturing, Fremont, CA portunity, yes, on Marsha, and we have liberal to the most conservative who W. I. Usery, Jr., Bill Usery Associates, Inc., an opportunity to say yes to another looked at Richard’s record, Judge Washington, D.C. (former Rep. Secretary wonderful nominee, Richard Paez. Paez’s record, essentially said his deci- of Labor) Again, to put a face on it, here is Rich- sions will stand the test of time. His LAW SCHOOL PROFESSOR/DEAN ard’s face. This is a wonderful human opinions are praised as being well rea- Robert A. Hillman, Associate Dean, Cornell being. He is a wonderful judge with soned. So I think we know Judge Paez Law School, Ithaca, NY many years of experience on the bench. will be fair. Theodore J. St. Antoine, Professor of Law, He is a wonderful family man, married He has received the endorsement of The University of Michigan Law School, to his wife Dianne for quite a while, the National Association of Police Or- Ann Arbor, MI with two terrific kids. He is very in- ATTORNEYS ganizations, the Los Angeles Police volved with his children’s lives, in- Protective League, the Los Angeles James N. Adler, Irell & Manella, CA volved in their sports and academic Fred W. Alvarez, Wilson, Sonsini, Goodrich & County Police Chiefs’ Association, the achievements. He is someone most de- current district attorney, Gil Garcetti, Rosati, PC, Palo Alto, CA (former Com- serving of this honor I hope we are missioner of the Equal Employment Op- and the late Sheriff Sherman Block of portunity Commission and Former U.S. about to bestow upon him. Los Angeles, Republican sheriff in Los Yes, Richard has waited for 4 years. Assistant Secretary of labor) Angeles. Listen to what the LA Police This has been very difficult for him. It Douglas H. Barton, Hanson, Bridgett, Protective League said: Marcus, Vlahos & Rudy, LLP, Larkspur, has been very difficult for his family. CA But I can only say I am not going to . . . he has a reputation for integrity, fair- ness and objectivity, all qualities we believe Ronald G. Birch, Birch, Horton, Bittner and look back. I want to look ahead. We Cherot, Washington, D.C. essential for a member of the Appellate are going to have a vote, and I am very Court. Henry C. Cashen, II, Dickstein, Shapiro, hopeful we will see the tide turn in his Morin & Oshinsky, L.L.P., Washington, The lawyers who appear before him favor. Everything I see now leads me to DC have praised his skills. Yesterday, I believe that. Laurence P. Corbett, Point Richmond, CA read comments from some of them. I Richard has the support of Senators David C. Crosby, Wickwire, Greene, Crosby, will repeat some of these comments: Brewer & Steward, Juneau, AK HATCH and SPECTER and he just got the He is a wonderful judge. Charles G. Curtis, Jr., Foley & Lardner, public support of Senator DOMENICI. We He’s outstanding. Madison, WI have a statement from him, which will He rates a 12 or 13 on a scale of 10. Lynne E. Deitch, Butzel Long, PC, Detroit, take me just a moment to find. I am Another one: MI very pleased about it. Larry C. Drapkin, Mitchell, Silberberg & Yesterday, Senator DOMENICI has a I don’t know anyone here who has not been Knupp, CA exceedingly impressed by him. statement in the RECORD. He says: Pamela L. Hermminger, Gibson, Dunn & Another: Crutcher I rise today to announce I intend to vote to Robert J. Higgins, Dickstein, Shapiro, Morin confirm Judge Richard Paez to the Ninth I think he has great temperament. He & Oshinsky, L.L.P., Washington, DC Circuit. He has waited 4 years. I believe the never says or does anything that’s off. Judith Droz Keyes, Corbett & Kane, time has come. He has a very good demeanor. He’s very Emeryville, CA He says: professional. He doesn’t have any quirks. Edward M. Kovach, Lambos & Junge, San I have reviewed Judge Paez’ record, includ- So it goes on and on. It is a wonderful Francisco, CA ing some of the issues which appear con- thing to be supporting Judge Paez be- Daniel H. Markstein, III, Maynard, Cooper & troversial. I am satisfied he has adequately cause I feel I have so many objective Gale, PC, Birmingham, AL responded to the concerns. people saying so many good things Anna Segobia Masters, Crosby, Heafey, I will paraphrase. He talks about about him. Roach & May John L. Maxey, II, Maxey, Wann & Begley, those concerns. Then he goes on and A law professor who looked at one of PLLC, Jackson, MI says: the rulings said: J. Dennis McQuaid, McQuaid, Metzler, Mr. President, Judge Paez has earned bi- The opinion is clear, concise, straight- McCormick & Van Zandt, L.L.P., San partisan support from a variety of sources. forward, logical— Francisco, CA He goes through those. I think this is important to my col- Steven S. Michaels, Debevoise & Plimptom, I called Senator DOMENICI this morn- leagues from the other side— New York, NY ing—I didn’t have a chance to speak to and provides no indication of the author’s Morton H. Orenstein, Schachter, Kristoffr, him because he was at a hearing—to Orenstein & Berkowitz, San Francisco, personal policy predilections on the issue. CA thank him profusely for his support. . . . [It is] implicitly respectful of the sepa- Carter G. Phillips, Sidley & Austin, Wash- This is a deserving man. I am proud to ration of powers among the branches of gov- ington, DC see Senators from the other side step- ernment. Patricia Phillips, Morrison & Foerster, Los ping up to the plate and supporting Again, we have so many Republicans Angeles, CA him. I think it is so important. supporting Richard outside of this William B. Sailer, Qualcomm Richard Anthony Paez was born in Chamber and, hopefully, enough inside Stacy D. Shartin, Seyfarth, Shaw, Salt Lake City, UT, which happens to this Chamber so we can get him Fairweather & Geraldson be the hometown of our distinguished through. But let me tell you some of Robert A. Siegel, O’Melveny & Myers, Los chairman of the Judiciary Committee. Angeles, CA those outside the Chamber. Ronald G. Skipper, San Bernardino, CA He graduated in 1969 from Brigham Sheldon Sloan, a former California Stephen E. Tallent, Washington, DC Young University and received his law judge, former president of the LA Wendy L. Tice-Wallner, Littler, Mendelson, degree from Boalt Hall at the Univer- County Bar, the former head of Gov- Fastiff & Tichy, San Francisco, CA sity of California at Berkeley in 1972. ernor Pete Wilson’s Judicial Selection S1288 CONGRESSIONAL RECORD — SENATE March 8, 2000 Committee—here is the man who put a number of things in the RECORD. Los Angeles Superior Court Judge S. James picked the judges for Governor Pete I have a question. Otero Wilson—wrote a letter to Chairman Mr. President, would it be in order to Los Angeles Municipal Court Judge Eliza- beth Allen White HATCH, saying that Judge Paez: propound a unanimous consent request BAR LEADERS/BUSINESS LEADERS/COMMUNITY . . . has performed his duties with distinc- that Senator HUTCHINSON be allowed to LEADERS tion and he is held in great esteem by all speak for 10 minutes, Senator SPECTER who worked with him, be the members of the for 7 minutes, and I will come back for Former California Judge and Former Presi- bench or of the Bar. another 10 minutes so I can give my dent of the Los Angeles County Bar Asso- ciation, Sheldon H. Sloan He goes on to say: friends time? Mr. SPECTER. Reserving the right Los Angeles County Bar Association Presi- Richard Paez is a hard-working, experi- dent, David J. Pasternak enced, quality Judge. He can be strong with- to object, is that a unanimous consent Los Angeles County Bar Association, Litiga- out being overbearing and he can be compas- request? tion Section Chair, Michael S. Fields sionate without being soft. He has been, and Mrs. BOXER. Yes, it is. Former California Judge, Lawyer Elwood he will continue to be, a credit to the judici- Mr. SPECTER. Mr. President, can I Lui, Jones Day, Reavis & Pogue, Los An- ary as a whole. persuade my colleague to let me have 4 geles, California The American Bar Association gave minutes ahead of him? Loyola Law School Associate Dean for Aca- Judge Paez the highest rating possible. Mr. HUTCHINSON. Yes. demic Affairs, Laurie L. Levenson, Los When I hear colleagues come over Mrs. BOXER. Mr. President, I revise Angeles, California National Council of La Raza President, Raul here, and they had every right in the the request to ask for 4 minutes for Senator SPECTER, 10 minutes for the Yzaguirre world to vote no on this nomination; Mexican American Bar Association of Los absolutely. I do not want to overstate good Senator from Arkansas who has been waiting, and 10 minutes for this Angeles County President-Elect, Arnoldo it, but I would lay down my life for Casillas their right to do what they think is Senator. This is after I finish my re- Special Counsel to the County of Los Ange- right. But the one thing with which I marks, which will be in a moment. les, Consultant to the Los Angeles Police The PRESIDING OFFICER. Without take issue is when the record is dis- Commission, Merrick J. Bobb objection, it is so ordered. torted. I do not think it is purposely Arizona Hispanic Chamber of Commerce Mrs. BOXER. I thank my friends. President & CEO, Sandra L. Ferniza distorted, but Richard has some people I will conclude about Judge Paez in Latina Lawyers Bar Association President, who do not want him to be on the this fashion. I will have printed in the Elsa Leyva bench, and they distorted things. We RECORD the extensive list of his sup- Mrs. BOXER. Mr. President, believe have heard things on the floor; that porters—elected officials, both Repub- me, this is going to be a very big day there were games being played in the lican and Democratic, national law en- for this nominee, for my friend Richard district court when he got certain forcement associations, California Paez. He is a good man. Before Senator cases; that Judge Paez is soft on crimi- State judges and justices, bar leaders, SPECTER begins, once more I thank nals when, in fact, a review that was business leaders, community leaders, him. He has been so fair to this nomi- requested by Senator SESSIONS showed, attorneys, and Hispanic groups. I ask nee and also to Marsha Berzon. I thank on the contrary, that Judge Paez is unanimous consent that this list be him for his strong support of these two tougher than most. printed in the RECORD. nominees. This shows his downward departures There being no objection, the mate- I yield the floor. in sentencing—in other words the rial was ordered to be printed in the The PRESIDING OFFICER. The Sen- times he has sentenced less than the RECORD, as follows: ator from Pennsylvania. guidelines—were far fewer than the av- SUPPORT FOR THE HONORABLE RICHARD A. f erage court. He granted downward de- PAEZ, NOMINEE TO THE NINTH CIRCUIT partures only 6 percent of the time COURT OF APPEALS REPORT ON INVESTIGATION OF when U.S. district courts granted CALIFORNIA ELECTED OFFICIALS ESPIONAGE ALLEGATIONS downward departures 13.6 percent of U.S. Representative James E. Rogan, (R–CA Mr. SPECTER. Mr. President, I have the time. So he has been tough. He has 27th) sought recognition to speak about the an excellent record on criminal ap- Speaker of the California State Assembly ‘‘Report on the Investigation of Espio- peals. He has not been reversed once on Antonio R. Villaraigosa nage Allegations against Dr. Wen Ho a criminal sentence. Los Angeles County Sheriff, Sherman Block Lee.’’ I have circulated this 65-page re- I feel he has a strong sentencing (deceased) port with a Dear Colleague letter Los Angeles County District Attorney, Gil record. Then, again, when Senator SES- Garcetti today, but I think it important to SIONS says he gave too easy a sentence Los Angeles City Attorney, James K. Hahn speak about it on the Senate floor. PECTER to certain people, as Senator S NATIONAL AND LOCAL LAW ENFORCEMENT The Dear Colleague letter urges Sen- put in the RECORD yesterday, he was ORGANIZATIONS ators to support S. 2089 which is de- following what the prosecution asked National Association of Police Organiza- signed to reform the Foreign Intel- him to do to the letter. He was fol- tions, Inc., Executive Director, Robert T. ligence Surveillance Act to avoid the lowing what the prosecution asked him Scully mistakes which were made in the in- to do. So if there is any gripe about it, Los Angeles Police Protective League Board vestigation of Dr. Wen Ho Lee. it is with the prosecutor. He did what President, Dave Hepburn In the Wen Ho Lee matter, the FBI the prosecutor asked. Los Angeles County Police Chiefs’ Ass’n, En- went to the Attorney General person- So, I ask my colleagues—I would love dorsement Comm. Chair, Stephen R. Port ally to ask for approval for a FISA Association for Los Angeles Deputy Sheriffs, to ask Senator HUTCHINSON how much warrant and was turned down. The At- Inc., President Pete Brodie time he needs on the floor, and Senator Department of California Highway Patrol torney General in August of 1997 as- SPECTER, because I have another few Commissioner, D.O. Helmick signed the matter to a subordinate who minutes, but I would like to accommo- CALIFORNIA STATE JUSTICES AND JUDGES had no experience on FISA matters. date them. California Court of Appeal Justice H. Walter The Attorney General did not check on Mr. HUTCHINSON. I think morning Croskey the matter, and the FBI request was, business is for 10 minutes. That is what California Court of Appeal Justice Barton C. therefore, rejected. The FBI then let I need, 10 minutes. Gaut the matter languish for some 16 Mrs. BOXER. And my colleague? California Court of Appeal Justice Paul months before taking any investigative Mr. SPECTER. Mr. President, if I Turner action. may respond, I spoke in support of Los Angeles Superior Court Judge Victoria At that stage, the Department of En- Judge Paez yesterday. I would like to H. Chavez ergy meddled in the matter by giving a speak for about 4 minutes on a matter, Los Angeles Superior Court Judge Edward A. lie detector test to Dr. Lee, rep- Ferns if I could squeeze in here? Los Angeles Superior Court Judge Carolyn resenting he had passed it when, in Mrs. BOXER. May I make a sugges- B. Kuhl fact, he failed it, throwing the FBI in- tion, and may I ask a question? I am Los Angeles Superior Court Judge Michael vestigation off course. The FBI then about to wrap up on Judge Paez and Nash gave another polygraph on February 10 March 8, 2000 CONGRESSIONAL RECORD — SENATE S1289 which Dr. Lee failed, but there was no Assistant Laboratory Director for Nuclear REPORT ON THE INVESTIGATION OF ESPIONAGE action taken to remove him from the Weapons at Los Alamos, testified: ALLEGATIONS AGAINST DR. WEN HO LEE, office until March 8, so that he stood ‘‘These codes and their associated data MARCH 8, 2000 with access to this very important in- bases and the input file, combined with SUMMARY someone that knew how to use them, could, formation for some 19 months. While the full impact of the errors and in my opinion, in the wrong hands, change omissions by the Department of Energy and This information was so important the global strategic balance.’’ (Emphasis that, according to the testimony of Dr. the Department of Justice, including the added) FBI, on the investigation of Dr. Wen Ho Lee Stephen Younger at the bail hearing, it While the overall investigation of Dr. Lee requires reading the full report, this sum- could change the global strategic bal- from 1982 through 1999 contained substantial mary covers some of the highlights. ance. errors and omissions by the Department of The importance of Dr. Lee’s case was ar- The legislation seeks to correct these Energy and the Department of Justice, in- ticulated at his bail hearing on December 13, failures by requiring the Attorney Gen- cluding the FBI, the failure of DoJ to au- 1999 when Dr. Stephen Younger, Assistant thorize the FISA warrant in August 1997 and eral personally to review the matter Laboratory Director for Nuclear Weapons at the failure of the FBI to pursue prompt fol- Los Alamos, testified: when requested in writing by the Di- low-up investigation gave Dr. Lee a critical rector of the FBI, and then, if the FISA ‘‘These codes and their associated data opportunity to download highly classified in- bases and the input file, combined with application is declined, to state in formation. someone that knew how to use them, could, writing the reasons, which will give a The Attorney General was personally re- in my opinion, in the wrong hands, change roadmap to the FBI as to what to do, quested by ranking FBI officials to approve the global strategic balance.’’ (Emphasis and then for the Director of the FBI to the FISA warrant. She did not check on the added) personally supervise the investigation matter after assigning it to a DoJ subordi- As Dr. Younger further noted about the nate who applied the wrong standard and ad- and to centralize the authority of the codes Dr. Lee mishandled: mitted it was the first time he had worked ‘‘They enable the possessor to design the FBI to keep the meddling of the De- on a FISA request. After DoJ declined to ap- partment of Energy illustratively out only objects that could result in the military prove the FISA warrant request, the FBI in- defeat of America’s conventional forces ... of it. vestigation languished for 16 months (August They represent the gravest possible security This report is disagreed with in some 1997 to December 1998) with the Department risk to ... the supreme national interest.’’ manner by the Department of Justice, of Energy permitting Dr. Lee to continue on (Emphasis added) and there is some disagreement by the job with access to extremely sensitive in- It would be hard, realistically impossible, other Federal agencies and some Sen- formation from August 1997 until March 1999. to pose more severe risks to U.S. national se- ators. But it sets out a narrative, and Senator Torricelli summed up the situa- curity. tion in his February 24th floor statement anybody who has a disagreement will Although the FBI knew Dr. Lee had access supporting S. 2089: to highly classified information, had re- have an opportunity to testify before ‘‘There was a startling, almost unbeliev- peated contacts with the PRC scientists and the oversight subcommittee. able failure of coordination and communica- lied about his activities, the FBI investiga- This legislation has been cosponsored tion between the Department of Justice, the tion was inept. In December 1982, Dr. Lee by Senator TORRICELLI, Senator GRASS- FBI, and the Department of Energy in deal- called a former employee of Lawrence Liver- LEY, Senator BIDEN, Senator THUR- ing with this matter, and only through that more National Laboratory who was sus- MOND, Senator FEINGOLD, Senator SES- lack of coordination with this matter, and pected of passing classified information to only through that lack of coordination was SIONS, Senator SCHUMER, Senator the PRC. Notwithstanding the facts that Dr. an allegation of possible espionage able to Lee denied (lied) about calling that person, HELMS, and Senator LEAHY. There is lead to 17 years of continued access and the admitted to sending documents to Taiwan widespread support for the legislation possibility that this information was com- marked ‘‘no foreign dissemination’’ and even though there is some disagree- promised.’’ (Congressional Record S801) made other misrepresentations to the FBI in ment as to whether the probable cause This bill would require the Attorney Gen- 1983 and 1984, the FBI closed its investigation was adequate for the FISA warrant or eral to personally decide whether a FISA in March 1984. some of the other specific statements warrant should be approved by DoJ when A new investigation was initiated in 1994 of fact. personally requested in writing by the FBI by the FBI after Dr. Lee failed in his obliga- This report has been prepared with Director, the Secretary of State, the Sec- tion to report a meeting with a high ranking retary of Defense or the Director of Central the exhaustive work of Mr. Dobie PRC nuclear scientist who said that Dr. Lee Intelligence. If the Attorney General de- had been helpful to China’s nuclear program. McArthur. It summarizes in detail clines, the reasons must be set forth in writ- This contact occurred at a time when the what happened on the errors of the ing. PRC had computerized codes to which Dr. Wen Ho Lee investigation. I am circu- This bill would further require the FBI Di- Lee had unique access. Notwithstanding lating it, as I say, with a Dear Col- rector to personally supervise the follow-up good cause to actively pursue this investiga- league letter to Senators. investigation to secure additional evidence/ tion, the FBI deferred its inquiry from No- I think it is an important matter. It information to obtain the FISA warrant. The vember 2, 1995 to May 30, 1996 because of a has been cleared by the Department of bill further provides that the individual need Department of Energy Administrative In- not be ‘‘presently engaged’’ in the particular Justice and other agencies so that it quiry, which was developed by a DoE coun- activity since espionage frequently spans terintelligence expert in concert with a sea- does not contain any classified infor- years or decades and improves the coordina- soned FBI agent who had been assigned to mation. It can be found at my Senate tion of counter intelligence activities among the DOE for the purposes of the inquiry. website: www.Senate.gov/∼Specter. Federal agencies. In the 1993–1994 time frame, DoE was in- I ask unanimous consent that the I am enclosing for your review: (1) a copy credibly lax in failing to pursue obvious evi- Dear Colleague letter and the execu- of S. 2089; (2) a sixty-five page Report on the dence that Dr. Lee was downloading large tive summary be printed in the CON- Investigation of Espionage Allegations quantities of classified information to an un- against Dr. Wen Ho Lee, including a five- GRESSIONAL RECORD. classified system. According to Dr. Stephen page Executive Summary. Circulation of this There being no objection, the mate- Younger, it was access to that information Report has been delayed until the Depart- which would eventually enable the ‘‘pos- rial was ordered to be printed in the ment of Justice including the FBI, the CIA sessor’’ to ‘‘defeat America’s conventional RECORD, as follows: and the Department of Energy agreed that forces’’. DoE’s ineptitude had disastrous con- U.S. SENATE, the Report does not contain classified infor- sequences when the FBI asked DoE’s Washington, DC, March 8, 2000. mation. counter-intelligence team leader for access DEAR COLLEAGUE: I urge you to support S. While the Department of Justice and some to Dr. Lee’s computer and the team leader 2089 which would reform the Foreign Intel- Senators disagree with some of the conclu- did not know Dr. Lee had signed a consent- ligence Surveillance Act (FISA) to prevent sions in this Report, there has been general to-monitor waiver. future lapses like the ones which plagued the agreement that legislation is warranted. To The most serious mistake in this sequence investigation of Dr. Wen Ho Lee. Had these date S. 2089 has been co-sponsored by Sen- of events occurred when DoJ did not forward reforms been in effect, a FISA warrant would ators Torricelli, Grassley, Biden, Thurmond, the FBI request for a Foreign Intelligence doubtless have been issued and major risks Feingold, Sessions, Schumer, Helms and Surveillance Act (FISA) warrant to the FISA to U.S. national security could have been Leahy. court where: avoided. If you are interested in co-sponsoring, (1) The FBI presented ample, if not over- The seriousness of Dr. Lee’s downloading please contact me at 224–9011 or have your whelming, information to justify the war- classified codes onto an unclassified com- staff contact Dobie McArthur at 224–4259. rant; puter was summarized at his bail hearing on Sincerely, (2) The Attorney General assigned the mat- December 13, 1999 when Dr. Stephen Younger, ARLEN SPECTER. ter to a DoJ subordinate who applied the S1290 CONGRESSIONAL RECORD — SENATE March 8, 2000 wrong standard and admitted it was the first curity concerns will take precedence over in- A regulation requiring foresters, pri- time he had worked on a FISA request; vestigative concerns. vate landowners and farmers to obtain (3) Notwithstanding Assistant FBI Direc- 7. The affected agency head must likewise discharge permits for traditional for- tor John Lewis’s request to the Attorney respond in writing, and any disagreements estry and agriculture activities is cost- General for the FISA warrant, the Attorney over the proper course of action will be re- General did not check on the matter after ferred to the National Counterintelligence ly, overly burdensome and unneces- assigning it to her inexperienced subordi- Policy Board. sary. I believe this is yet another delib- nate. Mr. SPECTER. Mr. President, how After DoJ’s decision not to forward the erate attempt to circumvent the Clean much time do I have that I am yielding FBI’s request for a FISA warrant, which Water Act and legislate through regu- back? could have been reversed with the submis- lation. Rewriting TMDL requirements The PRESIDING OFFICER. The Sen- sion of further evidence, the FBI investiga- and redefining point source pollution tion languished for 16 months with DoE per- ator has 3 minutes of his 7 minutes. should be addressed when Congress, the mitting Dr. Lee to continue on the job with Mr. SPECTER. I only asked for 4, but elected representatives of the people, access to classified information. I yield back the remainder of my time. reauthorizes the Clean Water Act. On the eve of the release of the Cox Com- I thank my distinguished colleague, mittee Report that was expected to be highly Arkansas has put forth a tremendous Senator HUTCHINSON from Arkansas. critical of DoE, DoE arranged with effort to implement statewide Best The PRESIDING OFFICER. The Sen- Wackenhut, a security firm with which the Management Practices and other water ator from Arkansas is recognized. DoE had a contract, to polygraph Dr. Lee on quality regulations. December 23, 1998 upon his return from Tai- f If my State is required to establish wan. According to FBI protocol, Dr. Lee and enforce expanded federal, one-size- would have been questioned as part of the EXTENSION OF MORNING post-travel interview. However, the case BUSINESS fits-all TMDL standards, it must redi- rect already limited funds and re- agents were inexplicably unprepared to con- Mr. HUTCHINSON. Mr. President, I duct such an interview. Ultimately, the poly- sources away from successful State im- graph decision was coordinated between DoE ask unanimous consent that subse- plementation programs and hand them and the FBI’s National Security Division. quent to the UC of the Senator from over to bureaucratic EPA procedures The selection of Wackenhut to conduct this California, the morning business period and oversight. polygraph was questioned by the President’s be extended until 5 p.m., with Senators These are some of the reasons why Foreign Intelligence Advisory Board and permitted to speak for up to 10 minutes landowners in Arkansas are so upset. criticized as ‘‘irresponsible’’ by the FBI each. In early January I spoke at a meeting agent working Dr. Lee’s case. The PRESIDING OFFICER. Without The FBI’s investigation was thrown off in El Dorado, AR, where 1,500 people course when they were told Dr. Lee had objection, it is so ordered. attended to voice their concerns. passed the December 23, 1998 polygraph Mr. HUTCHINSON. I thank the A few weeks later, 3,000 people at- which the Secretary of DoE announced on Chair. tended a similar meeting in Tex- national TV in March 1999. (The remarks of Mr. HUTCHINSON per- arkana, AR. Although the public com- A review of the Wackenhut polygraph taining to the introduction of S. 2215 ment period for this proposed regula- records by late January contradicted the De- are located in today’s RECORD under partment of Energy’s claims that Dr. Lee tion is over, a third meeting scheduled ‘‘Statements on Introduced Bills and for later this month is expected to had passed the December 1998 polygraph; and Joint Resolutions.’’) a February 10, 1999 FBI polygraph of Dr. Lee draw similar crowds. confirmed his failure. In the interim from f The thousands of people who attend mid-January, Dr. Lee began a sequence of these meetings have families, busy TIMBER AND AGRICULTURE massive file deletions which continued on schedules, and many other responsibil- ENVIRONMENTAL FAIRNESS ACT February 10, 11, 12 and 17 after he failed the ities, but they are willing to sacrifice February 10, 1999 polygraph. Mr. HUTCHINSON. Mr. President, I their time to learn more about this It was not until three weeks after the Feb- have heard from hundreds of private proposed regulation and how it will af- ruary 10, 1999 polygraph that the FBI asked landowners, forest owners, and farmers for and received permission to search Dr. fect their livelihood. Lee’s computer which led to his firing on in Arkansas who are greatly concerned One of the core issues motivating Ar- March 8, 1999. A search warrant for his home about the Environmental Protection kansans to attend public meetings by was not obtained until April 9, 1999. Those Agency’s attempt to rewrite portions the thousand is trust. Ultimately, the delays are inexplicable in a matter of this of the Clean Water Act. people of my State do not trust the importance. I know the Senator from Idaho has EPA. In other words, the EPA has not The investigation of Dr. Lee demonstrates been very much involved in this issue, earned the trust of my constituents. the need for remedial legislation to: has had hearings on this, and has been 1. Require that upon the personal request Clearly, the EPA has done an incred- of the Director of the FBI, the Secretary of a leader in determining exactly what ibly poor job communicating their pro- State, the Secretary of Defense or the Direc- the EPA intends to do. posal to those whom it will affect the tor of Central Intelligence, the Attorney In August of last year, as the occu- most. During my time in public serv- General will personally review a FISA appli- pant of the chair knows, the EPA pro- ice, I have never seen this kind of pub- cation submitted by the requesting official. posed a regulation which requires lic outcry to anything the EPA has 2. Where the Attorney General declines a States to renew their efforts to fully done. FISA application, the declination must be implement a so-called voluntary total In response to the reaction from for- communicated in writing to the requesting official, with specific recommendations re- maximum daily load, or TMDL, pro- esters, private landowners and farmers, garding additional investigative steps that gram. private landowners and farmers in Ar- should be taken to establish the requisite The States, in conjunction with the kansas, I have introduced S. 2139, the probable cause. EPA, would establish TMDLs for water Timber and Agriculture Fairness Act. 3. The official making a request for Attor- bodies statewide. If States fail to meet My bill consists of two simple parts: ney General review must personally super- those TMDL guidelines, the EPA would First, it exempts silviculture oper- vise the implementation of the Attorney then have the authority to enforce the ations and agriculture stormwater dis- General’s recommendations. new water quality standards. I believe 4. Explicitly eliminate any requirement charges from EPA’s National Pollutant that the suspect be ‘‘presently engaged’’ in that is what this agency had in mind Discharge Elimination System permit- the suspect activity. all along. ting requirements; and, second, it de- 5. Require disclosure of any relevant rela- Should the EPA be successful in car- fines nonpoint source pollution relat- tionship between a suspect and a federal law rying out their plans, this regulation ing to both agriculture stormwater dis- enforcement or intelligence agency. will have a direct impact on two of my charges and silviculture operations. 6. Require that when the FBI desires, for State’s most important industries: ag- This two-prong approach, I believe, is investigative reasons, to leave in place a sus- riculture and timber. Agriculture and the sensible way to winning back the pect who has access to classified informa- tion, that decision must be communicated in forestry activity, which the EPA cur- trust of Arkansans and the American writing to the head of the affected agency, rently treats as potential ‘‘non-point people. along with a plan to minimize the potential source’’ polluters, could be regulated as We must remind ourselves that we harm to the national security. National se- point source pollution. have a Government ‘‘of the people, by March 8, 2000 CONGRESSIONAL RECORD — SENATE S1291 the people, and for the people.’’ By level is evident from Don’s successes as I think it is very fitting on Inter- passing this legislation, we will give Director of the National Potato Pro- national Women’s Day to discuss a the Government back to its original motion Board. treaty this Senate should ratify, but owners. In 1995, Don joined my staff and has not ratified in over 20 years. This Mr. President, I ask my colleagues to served with distinction through the treaty, signed by President Carter, al- support S. 2139. balance of my House tenure, working most made it to the Senate floor some I express my appreciation to the Sen- on agriculture and natural resources 6 years ago when it was voted favor- ator from California for fitting me in issues. He was instrumental in my ably out of the Foreign Relations Com- between her comments. work with farmers and ranchers mittee. Unfortunately, it was never I yield the floor. throughout the State during the debate brought up. The treaty is called The PRESIDING OFFICER (Mr. on the 1996 farm bill. When I was elect- CEDAW. It stands for the Convention HUTCHINSON). The Senator from Idaho. ed to the Senate in 1998, Don agreed to on the Elimination of all Forms of Dis- Mr. CRAPO. I ask unanimous consent continue our partnership by becoming crimination Against Women. to speak for up to 10 minutes in morn- my State Director of Agriculture, a po- This is a treaty that has been nick- ing business. sition he has fulfilled with distinction named the Magna Carta for women be- The PRESIDING OFFICER. Without and widely-held respect. cause it essentially gives basic human objection, it is so ordered. Don has served the people of Idaho rights to women all over the world. Mr. CRAPO. I thank the Senator above and beyond the call of duty, That is why 165 nations, all of our al- from California for allowing me to take meeting more farmers and community lies and friends in the world, have in a few moments to address the Senate. leaders than any of his peers and prob- fact ratified it. But we haven’t ratified f ably has logged enough miles on his it. One might say, well, who hasn’t ratified it? I am sorry to say, we are TRIBUTE TO DONALD E. DIXON pickup truck to circumnavigate the world several times. The patience and standing with such stalwarts of democ- Mr. CRAPO. Mr. President, I would understanding of his wife Georgia, his racy as Iran, North Korea, Sudan, and like to make a statement in recogni- four children, and extended family for Somalia. We don’t belong in that com- tion of one of my very close friends out his work is a testament to Don’s com- pany. This country is, in fact, a leader in Idaho who has just had a wonderful mitment to service and leadership in of human rights. It is really an embar- accomplishment in his life. He is a eastern Idaho’s agriculture commu- rassment that we have not brought neighbor, a friend, and a member of my nity. that treaty to the Senate floor. staff from Idaho, Don Dixon. Don’s generosity and good-natured I wrote a resolution that calls on the On March 24, Don will be given the approach to life and work is also re- Senate to ask the Foreign Relations distinct honor of induction into the flected in his induction into the East- Committee to hold a hearing on Eastern Idaho Agriculture Hall of ern Idaho Agriculture Hall of Fame. He CEDAW. It now has 25 cosponsors, in- Fame. The honor reflects his commit- is a valued counselor and friend of my cluding Republicans. It is very simple. ment to farming in Idaho and the re- entire family. I salute him on the ac- It expresses the sense of the Senate spect and esteem in which he is held in complishment of this high honor. I that the U.S. Senate Committee on our community. I know you join east- know you and my colleagues in the Foreign Relations—that is a com- ern Idaho and myself in extending to Senate join me in offering our con- mittee on which I serve—should hold Don congratulations on this achieve- gratulations to Don Dixon. hearings, and the Senate should act on ment. I yield the floor. CEDAW, should take action on this Don is a lifelong farmer and resident The PRESIDING OFFICER (Mr. convention to eliminate all forms of of Idaho Falls, ID. He owns and tends BUNNING). The Senator from California. discrimination against women. The the farm his grandfather purchased in Mrs. BOXER. Mr. President, I thank resolution goes through why this trea- 1900 and, thereafter, was owned by his my colleagues who were able to work ty is so important. It talks about how father. Apparently, the farming bug hit out time back and forth on various important it is that CEDAW be en- Don hard because he took over the issues. acted: because it would help give Dixon operation with his brother soon f women equal rights, equal opportunity, after college and his military service. equal education; it would help them A measure of his success is reflected by NOMINATIONS OF MARSHA get protection against violence. We his continued expansion of the farm BERZON AND RICHARD PAEZ know that happens all over the world and livestock and the handover of a Mrs. BOXER. Mr. President, I had the where women don’t have equal rights. solid operation to his son. privilege to address the Senate for And it would give us the clout, if you For years, Don’s work has produced about 15 minutes on the quality of two will, the portfolio to be stronger as a some of the region’s best potatoes, in a wonderful Ninth Circuit court nomi- world leader. State that has the world’s finest spuds, nees who are coming up for cloture The bottom line of this is that today cattle, hay, and grain. In this time of votes today at 5 o’clock. I am very I asked the Democratic leadership to agriculture distress and low prices, hopeful we can, in fact, shut off debate ask unanimous consent to bring this Don has demonstrated himself to be a on this and get to the votes themselves resolution that I wrote to the floor. model farmer by taking steps to pro- tomorrow. The resolution doesn’t say ratify this tect the environment by undertaking These are two excellent people, won- convention. It simply says to the For- the best management practices and derful human beings, wonderful family eign Relations Committee, please hold water conservation through improved members. Their families and they have hearings. irrigation techniques. We can all be gone through a difficult time because It was objected to by the other side proud of his work to be a productive they have been kind of twisting in the of the aisle because they don’t want to member of the agriculture community wind—for 2 years, in Marsha’s case; in have this hearing. I will discuss that and a good steward of the land. Richard’s case, for 4 years—while because it is with great respect that I Although his induction into the Hall awaiting this moment. I hope if they bring up these differences between the of Fame is a special accomplishment, are watching today, they feel as opti- two sides of the aisle. The chairman of Don has long been chosen as a rep- mistic as do I that hopefully it is going the Foreign Relations Committee, with resentative of his community. He has to have a happy ending. whom I have a wonderful relationship, been an active member of eastern Ida- f a very good working relationship, took ho’s business and agriculture organiza- to the floor of the Senate today. He un- tions for as long as I can remember. CEDAW equivocally stated—and when he wants Don has served on the board of the Mrs. BOXER. Mr. President, today is to be unequivocal, he can—that he will Eastern Idaho State Fair and, for 6 International Women’s Day. To all you not hold hearings on the Convention to years, served on the Idaho Potato Com- women out there, and men who care Eliminate all Forms of Discrimination mission, a post nominated by our Gov- about women, happy International Against Women. And he explained why. ernor. His recognition at the national Women’s Day. I totally respect his right to have this S1292 CONGRESSIONAL RECORD — SENATE March 8, 2000 view, but I will paraphrase the reasons Jewish Council for Public Affairs few of these organizations. I want the he gave as to why he doesn’t want to *Jewish Women International Senate to decide if these organizations hold hearings on this. I will offer an- Lambda Legal Defense and Education Fund, are radical or in any way not in the Inc. mainstream of thought. These are just other view. Lawyers Committee for Human Rights First, he said he wasn’t going to hold *Leadership Conference of Women Religious some of the organizations that say, hearings because there are radical *League of Women Voters of the United yes, the United States should ratify groups behind this treaty. States this treaty to end all forms of discrimi- I ask unanimous consent to print in Louisville Women-Church nation against women: the American the RECORD a list of the organizations Maryknoll Mission Association of the Faith- Association of Retired Persons; the that have endorsed the women’s con- ful American Association of University vention. Maryknoll Office of Global Concerns Women; the American Jewish Com- Massachusetts Women-Church mittee; Amnesty International USA; There being no objection, the list was Na’amat USA ordered to be printed in the RECORD, as *National Association of Commissions for the Bahais of the United States; the follows: Women Black Women’s Agenda; the B’nai ORGANIZATIONS THAT HAVE ENDORSED THE National Association of Social Workers B’rith International; Business and Pro- WOMEN’S CONVENTION (PARTIAL LIST) National Association of Women Lawyers fessional Women USA; Chicago Catho- National Audubon Society Action for Development lic Women; Church of the Brethren, National Coalition Against Domestic *American Association of Retired Persons Washington Office; Church Women Violence *American Association of University Women United; Episcopal Church; the Evan- National Coalition of American Nuns *American Bar Association *National Council of Negro Women gelical Lutheran Church of America; American College of Nurse-Midwives National Council of the Churches of Christ in Hadassah; Human Rights Watch; The American Council for the United Nations the USA Humane Society; Lawyers Committee University National Council of Women of the USA for Human Rights; Leadership Con- American Federation of Teachers *National Council of Women’s Organizations *American Friends Service Committee ference of Women Religious; National *National Education Association *American Jewish Committee Association of Commission for Women; National Jewish Community Relations Advi- *American Nurses Association National Coalition Against Domestic sory Council American Veterans Committee Violence; the National Coalition of National Women’s Conference Committee Americans for Democratic Action, Inc. *NOW Legal Defense & Education Fund American Nuns; the National Council *Amnesty International USA NETWORK—A National Catholic Social Jus- of Churches of Christ in the USA; the Association for Women in Development tice Lobby National Council of Women’s Organiza- Association for Women in Psychology Older Women’s League tions; the Presbyterian Church, Wash- Anti-Defamation League of B’nai B’rith ´ ´ Oxfam America *Baha’ıs of the United States ington Office; the Soroptimist Inter- Planned Parenthood Federation of America Black Women’s Agenda national of the Americas; the Union of *Presbyterian Church (U.S.A.), Washington *B’nai B’rith International American Hebrew Congregations; the Office Bread for the World Unitarian Universalist Association, Psychologists for Social Responsibility *Business and Professional Women/USA Robert F. Kennedy Memorial Center for Washington Office; the United Meth- BVM Network for Women’s Issues Human Rights odist Church; the Women’s Legal De- Catholics for A Free Choice San Francisco Bay Area Women’s Ordination fense Fund; and the YWCA of the Center for Advancement of Public Policy Conference United States of America. Center for Policy Alternatives *Sierra Club I don’t mind debating an issue on its Center for Reproductive Law and Policy Sisterhood is Global Institute Center for Women’s Global Leadership merits, its demerits, its flaws, its prob- Sisters of St. Joseph of Peace Center of Concern lems. But to come to the Senate floor Soka Gakkai International—USA Chicago Catholic Women and say the people behind this conven- Society for International Development/ Church of the Brethren, Washington Office tion to eliminate all forms of discrimi- Women in Development *Church Women United *Soroptimist International of the Americas nation against women are radicals is Coalition on Religion & Ecology Union of American Hebrew Congregations simply not a fact in evidence, unless Coalition for Women in International *Unitarian Universalist Association, Wash- you think Hadassah is radical or the Development ington Office nuns are radical or all these churches Columban Fathers’ Justice & Peace Office Unitarian Universalist Service Committee Commission on the Advancement of Women/ and organizations are radical. They are United Church of Christ Office for Church InterAction far from radical. They are mainstream and Society D.C. Statehood Solidarity Committee America. Mainstream America sup- *United Methodist Church Earthcommunity Center ports this, and we can’t get a hearing *United Nations Association of the United Eighth Day Center for Justice States of America because our chairman believes these Episcopal Church United States Committee for UNICEF groups are radical. *Evangelical Lutheran Church of America United States Committee for UNIFEM I understand some tactics have been *Feminist Majority Foundation Washington Office on Africa used to get the chairman’s attention to Francois Xavier Bagnoud Center for Health Winrock International hold this hearing that he does not ap- and Human Rights Woman’s National Democratic Club Friends of the U.N. preciate. And that is his right. But I Women Empowering Women of Indian *Friends Committee on National Legislation beg my chairman to look past that and Nations (WEWIN) *General Federation of Women’s Clubs understand that these groups are in the Women of Reform Judaism Global Commission to Fund the UN mainstream of America. America Women for International Peace and Arbitra- Gray Panthers tion should be in the leadership and out Guatemala Human Rights Commission Women for Meaningful Summits front on this issue. So the first point Hadassah, The Women’s Zionist Organization Women Law and Development International he made, I do not agree with, that radi- of America *Women’s Action for New Directions/Women cals are behind this treaty. Health & Development Policy Project Legislators Lobby Secondly, his other argument was Human Rights Advocates Women’s Environment and Development Human Rights Watch/Women’s Rights that signing this international treaty Organization Division would interfere with our sovereignty; Women’s Institute for Freedom of The Press The Humane Society in other words, it would interfere with *Women’s International League for Peace International Center for Research on Women us as lawmakers to do our job, would and Freedom International Gay and Lesbian Human Women’s Legal Defense Fund interfere with our laws. Nothing could Rights Commission Women’s Ordination Conference be further from the truth. We have International Human Rights Law Group World Citizen Foundation thousands of international treaties of International Women’s Health Coalition *World Federalist Association which we are a part. They are all in International Women’s Human Rights Law *YWCA of the U.S.A. Clinic this book. I won’t put this in the International Women Judges Foundation *Active National Membership Organizations. RECORD because it would cost too much The J. Blaustein Institute for the Advance- Mrs. BOXER. With the Chair’s indul- to print, but it is page after page with ment of Human Rights gence, I will read to the Senate just a almost every civilized country. We March 8, 2000 CONGRESSIONAL RECORD — SENATE S1293 have treaties with them on all kinds of of women’s human rights, and CEDAW Women deserve equal rights, voting things—on science, on military aid, on provides the framework for articu- rights, human rights. They deserve to human rights. lating these rights. be protected from violence, either in I will give you a couple that we There are many other wonderful their own homes or walking down the signed on human rights. We are a party things that have happened worldwide street. They should be protected to a number of human rights treaties. as a result of this treaty. Other nations against institutional violence. We have One in particular is the U.N. Conven- have copied word for word from the seen things that go on in Africa with tion Against Torture, and other cruel, treaty the kinds of rights they are operations that are forced upon inhumane, and degrading treatment or going to give women in their nations. women. It is very important that for us punishment. We ratified that in 1990. We have an important book, ‘‘Bringing to lead in the world, we must be a lead- The International Covenant on Civil Equality Home,’’ which shows how er on this treaty. and Political Rights was ratified in many good things have happened be- Again, I say to my friends on the 1992. The Convention on the Elimi- cause of that. other side who oppose this, I respect nation of All Forms of Racial Discrimi- You might say, Senator BOXER, why your right to oppose it. But, my good- nation, ratified in 1994. does America have to act if these good ness, what about having a hearing on it So to say that these treaties will things are happening? The fact is, we so we can listen to both sides? I think interfere with us just doesn’t make any have to act because we should be proud women in this country are waking up sense. Again, it is just not a fact in evi- that all of the things in this treaty we to this fact. There are so many issues dence. already do in our country. So we we deal with every day. The women in should be a leader, not a follower, on The third reason my chairman says my State are dealing with making it this. And we need that portfolio be- he doesn’t want to hold a hearing is home in time to greet their children cause when there is a case of a country that he believes the whole purpose of coming home from school or who are in that is not doing right by its women— this convention is to grant women the day care. Their husbands are also right to choose. In other words, in his and let me give you a case in point. There was a case in Kuwait where working and putting dinner on the opinion, this whole thing is about abor- table and planning all the things they tion rights. I want to say again how off women were struggling to get the right to vote. It was a big brouhaha, and ev- plan for their families. They are bal- the mark I think that suggestion is. ancing their lives with their jobs. Do When the committee voted this con- erybody thought, my goodness, we came to their assistance in the gulf you know what? They care about this. vention out for ratification 6 years ago, I have had meetings with many war, they are going to follow suit and there was a big debate on this matter. women who care about this because we women will get the right to vote. Guess What the committee did—by the way, I are on this Earth right now and we what happened. They did not. We were will support it overwhelmingly—it said pressing them so hard, but I bet they have to try to make it a better world. this treaty and this convention is abor- turned to our negotiator and said, We can’t stop every evil, that is for tion neutral. It specifically said it ‘‘Wait a minute, why should we listen sure; we know that. But we can stand ‘‘does not create or reflect an inter- to you, you aren’t even a party to the for equal rights and human rights for national right to abortion or sanction CEDAW treaty.’’ It takes away our people all over the world. We can stand abortion as a means of family plan- ability to lead for equal rights for up and say in certain countries women ning.’’ It goes on, ‘‘We don’t endorse it women because we have not yet rati- are treated like second-class citizens as a means of family planning,’’ et fied. and, in some cases, not even third-, cetera. The understanding states that I am very hopeful that Senator fourth-, or fifth-class citizens; they are ‘‘nothing in the convention reflects or HELMS will have a change of heart on treated like property. They have no re- creates a right to abortion’’ and that this, although I believe he does hold spect. I just believe this great Nation ‘‘in no case should abortion be pro- strong views. But today I learned that of ours has come a long way to have moted as a method of family plan- Congressman Gilman, who is the Re- the equality we have. Sometimes I ning.’’ publican chair of the committee called look at the young women here and I So these issues that the chairman of the House International Relations think: Do you really know what it was the committee has raised, in my opin- Committee, has agreed to hold hear- like before women had equality? ion, are straw men, or straw people, or ings on this treaty. Do you know what it was like when I straw women. They are not fact. The The fact is, it is our business, our went to get a job on Wall Street after fact is, when we voted out this conven- work, our job. We are the ones who graduating from college and was told: tion 6 years ago, we specifically stated should be doing it. Although I am very Women don’t work here? The most it had nothing to do with abortion. The pleased that the House is going to have shocking thing about it was that I said fact is that 165 nations have passed the hearing—and I hope I can get over OK. And I packed up my bag and left. this, and we are standing with the most there and testify. But I think we I didn’t even argue with them. It was a retrograde, rogue states in our opposi- should have our own hearings. After given. There were only certain jobs for tion to it. There are thousands and all, we have 25 Members of the Senate women. thousands of treaties that do not inter- who were on this. I will read you the I had to study to pass my test as a fere with our rights of sovereignty. The list of Senators who have gone on this, stockbroker on my own without the fact is that it has nothing to do with asking for hearings on this: Senators benefit of anyone. Once I got my li- abortion. The most mainstream MURRAY, MIKULSKI, COLLINS, SNOWE, censing back, I said: Now, can I please groups—and I have read some of them ROBB, WELLSTONE, BIDEN, LAUTENBERG, be a stockbroker, and bring commis- to you, and they are all that way—are KENNEDY, SARBANES, CLELAND, Bob sion to this brokerage house, by the behind this treaty and are working GRAHAM, Jack REED, LINCOLN, FEIN- way? Well, all right, but just do it very hard to get it done. STEIN, LANDRIEU, FEINGOLD, DURBIN, quietly. We want to make it look like Now, 21 years ago, the U.N. General DASCHLE, LEAHY, DODD, BINGAMAN, you are a secretary. Those were tough Assembly adopted a treaty. Twenty TORRICELLI, KERRY, and SPECTER. days. It wasn’t that long ago. I know I years ago, President Carter signed the We have many Republicans and many am old, but I am not that old. We faced treaty. So it is really long overdue. I Democrats. I honestly think that if ev- that kind of discrimination. don’t want to stand with Iran, Sudan, eryone knows about this resolution— Women could not vote until 1920. Somalia, and North Korea, as the rare and I will work hard on that—we will People look around here and say: Why nations who have not ratified this. I get some more. We now have a quarter aren’t there more women? Believe me. think it is a disgrace that we are not a of the Senate on record asking for I say that every day. But the bottom party to this treaty. We know since hearings on CEDAW. My view is, since line is we didn’t get to vote until 1920. 1981, when it entered into force, it has it was voted out favorably 6 years ago We weren’t used to power—not even had a positive impact on the countries by the committee on a bipartisan vote the power to vote until the 1920s. We that have signed it. One such example of 13–5, we ought to do it again and get are learning how to deal with it now. is constitutional reform in Brazil, it moving and bring it down here for But it takes time. Why shouldn’t the which brought significant guarantees debate. world learn from our experience? What S1294 CONGRESSIONAL RECORD — SENATE March 8, 2000 we know to be a fact and evident is The PRESIDING OFFICER. Without there are, or actions they have taken that women are equal. By the way, it objection, it is so ordered. to solve those problems, unless we pass doesn’t mean we are better. We are f the public’s ‘‘right-to-know provision.’’ equal. We are equally good in some It will improve the quality of pipeline CEDAW HEARING cases and equally bad in some cases— operators, and it will increase funding not better. But we know that and we Mrs. MURRAY. Mr. President, let me to improve safety. respect that in this country, although I thank the Senator from California, I look forward to working with the would still like to see the equal rights Mrs. BOXER, for raising the issue that rest of the Washington State delega- amendment be part of the Constitu- today is International Women’s Day— tion to put the lessons that we learned tion. But basically we know that. We it is a very important day for women all too tragically in Bellingham, WA, should take that knowledge and that around the world and their rights—and into law. commitment, and make sure the to thank her for her work on the reso- I ask my colleagues, many with women of the world have a chance at lution asking the Foreign Relations whom I have met, to again take a look life. I think we can do it through this Committee to hold a hearing on at this legislation and join us in spon- treaty. I would think we would be CEDAW, which is a very important res- soring it, and for this Senate and Con- proud to do it across the party line. olution. It is time that we as a Senate gress to move on this very important I think this is going to become an hear what is involved and have a piece of safety legislation. issue in this election because there is chance to get testimony and to pos- Thank you, Mr. President. I yield the floor. no reason why we shouldn’t at least sibly move forward on it. It would be a great step forward. I suggest the absence of a quorum. hold a hearing and debate these issues. The PRESIDING OFFICER. The The chairman of the Foreign Rela- f clerk will call the roll. tions Committee was down here today. PIPELINE SAFETY The assistant legislative clerk pro- He was eloquent in his opposition. Now ceeded to call the roll. Mrs. MURRAY. Mr. President, I have I am on the floor and he is not here. I Mr. STEVENS. Mr. President, I ask come to the floor this afternoon to hope I have been a little eloquent on unanimous consent that the order for publicly thank my colleague from the why we should pass the treaty. Why the quorum call be rescinded. not bring that debate inside the For- State of Washington, Mr. GORTON, for The PRESIDING OFFICER. Without eign Relations Committee where it be- endorsing my bill, S. 2004, the Pipeline objection, it is so ordered. Safety Act of 2000. I am delighted Sen- longs? Why not hear from Senators on f both sides who care about this one way ator GORTON joined with me on this or the other? Why not vote it out? Why very important public safety issue. THE FAA CONFERENCE REPORT not come to the floor and have a good Senator GORTON has the respect of Mr. STEVENS. Mr. President, I debate on these issues, and perhaps ele- many in the Senate leadership, and I would like to take a few minutes at vate the Senate? We get into our petty expect he will be a great help in help- this time to congratulate the majority quarrels. Sometimes we take up issues ing us pass this pipeline safety bill. I leader, Chairman JOHN MCCAIN, Sen- that are, frankly, not as important as look forward to working with him to ator SLADE GORTON, Representative others. This one would be one that I make sure that the tragedies he talked BUD SHUSTER, and everyone in Con- think would make us all proud, wher- about today—such as the one that oc- gress who has worked so hard to ever we come out on this matter and curred in Bellingham, WA—don’t hap- produce a conference report on the on this question. But in terms of the pen again. FAA. Many of my colleagues have dis- arguments against it, I hope I have put I also wish to take a moment to rec- cussed the importance of this bill to the other side out on the table. ognize the efforts of many, many peo- our national aviation infrastructure, so Good people are behind this treaty— ple in my home State of Washington— I will not repeat now their comments. good, mainstream American groups. especially the mayor of Bellingham, It is my purpose to remark to the Sen- The treaty is a Magna Carta for Mark Asmundson, who has done more ate how important this bill is to my women. We ought to be proud of it. We than anyone I know to raise public State of Alaska. ought to stand with the countries in awareness about pipeline dangers and Mr. President, 75 percent of Alaska’s the world that are civilized, that give to call for stronger safety measures. communities are accessible only by air. their women equal rights and fair I encourage my colleagues, many of We have enormous needs and, frankly, rights. We ought to stand with them. It whom I have met personally over the those needs have often taken a back is time we do it. last several months on this issue, to seat to major metropolitan areas of the It is International Women’s Day. I take this opportunity now to join Sen- lower 48. It is my hope this bill will ad- will end where I started with happy ator GORTON and me in helping to en- dress some of those inequities, and I International Women’s Day. I hope sure the safety of the pipelines that congratulate my Congressman, DON when we think about this perhaps in transport natural gas, oil, and other YOUNG, for his hard work on this bill. the next few days and weeks and hazardous liquids throughout our com- We have 71 unlighted airports in months, we will factor in a very impor- munities. Alaska. In an area where we spend half tant treaty—the Convention to Elimi- Since 1986, there have been more of our year in darkness, those airports nate All Forms of Discrimination than 5,700 pipeline accidents nation- are unlighted. One hundred and fifty Against Women—on the floor of the wide. These accidents have killed 325 airports in my State are less than 3,300 Senate for a high-level debate and a people and injured another 1,500. Three feet in length. More than half of our vote. of those people died in Bellingham, rural airports are without minimal Thank you very much Mr. President. WA, last June. We want to make sure passenger shelters. You reach the air- I yield the floor. we take steps this year to ensure that port, get off the airplane, and there is Mr. President, I suggest the absence does not happen again to any other literally nothing there. One hundred of a quorum. community. It is time to act. It is time and seventy-six public use airports do The PRESIDING OFFICER. The to prevent another disaster. not have basic instrument approach ca- clerk will call the roll. My bill, S. 2004, would expand State pability, and 194 locations in Alaska The assistant legislative clerk pro- authority. It would improve inspection lack adequate communication, naviga- ceeded to call the roll. practices, a move that is drastically tion, and surveillance. Mrs. MURRAY. Mr. President, I ask needed. It would expand the public’s This bill does not address all of those unanimous consent that the order for right to know. needs, and I hope to work with the the quorum call be rescinded. For any of you who may suffer from Members of the House and Senate on The PRESIDING OFFICER. Without a disaster in the future, you will quick- the Appropriations Committee to fill a objection, it is so ordered. ly find that your communities and cit- few of those gaps. This is a classic case Mrs. MURRAY. Mr. President, I ask ies won’t have the ability to ask pipe- in which some congressional ear- unanimous consent to speak as if in line companies whether pipelines have marking is appropriate because the na- morning business. been inspected, and what problems tional administration too often has March 8, 2000 CONGRESSIONAL RECORD — SENATE S1295 written off Alaska as a priority in mat- hard to predict the future. Budget con- field, not having it be reversed 17 ters relating to aviation. straints, shifting congressional prior- times, unanimously, by the U.S. Su- I am pleased my colleagues agreed ities, administration priorities, and preme Court in 1 year, a record that with my proposal to increase the per- other aviation issues that emerge after has never been met and probably never centage of airport improvement pro- enactment of a reauthorization bill will be surpassed by any circuit in his- gram funds that flow to airports en- often require modification of other leg- tory. We need to get that circuit in the gaged in cargo operations. This modi- islative provisions. The (C)(3) provision mainstream of law. Judge Paez will fication will bring additional moneys, that has been deleted failed to provide keep it out of the mainstream. almost $6 million, to the Anchorage for such exigencies, and I am pleased But we have had recent develop- International Airport, which is now the the conferees have deleted it. I hope we ments. We have been looking into busiest cargo airport in this Nation— will not face that proposal again. Judge Paez’s handling and acceptance Anchorage, AK. Beyond that, the budget treatment in of the guilty plea of John Huang, in It is also encouraging to see the com- the FAA reauthorization bill is chal- Los Angeles, where he is a sitting dis- mittee once again included my lan- lenging for the Appropriations and trict judge, Federal court judge. I be- guage to allow the Administrator of Budget Committees, but it is manage- lieve there are a number of factors that the FAA to modify regulations to take able. It will necessitate that the Sen- indicate to me that that was not han- into account special circumstances in ate and the House make some choices dled properly, not handled according to Alaska. Sometimes rules that appear between discretionary priorities, trans- the highest standards of justice and, in to make sense in the lower 48 simply do portation, and other priorities during fact, the plea bargain and sentence he not work in our north country. That is the consideration of the budget and the approved was not justified under the why the conference agreed to exempt funding bills for the year 2001. Above law, and that he violated Federal Alaska from provisions that bar new all, it will require the House and the guidelines in order to approve a plea landfills within 6 miles of an airport. Senate to agree to a budget at levels bargain that was unacceptable, in my This provision is literally unworkable that will enable us to keep the man- view, as to what should have occurred in Alaska where most of our remote dates of the FAA reauthorization bill. in the disposition of that case. villages are surrounded by Federal ref- This bill adds between $2.1 and $2.7 So I believe, and I have asked, and I uges and, despite repeated efforts, we billion in aviation spending above the have written the majority leader and are not even allowed to build a road a fiscal year 2000 levels. I support that. I asked that he pull this nomination off mile long because of intervention of an support spending as much on aviation the floor and we be allowed to go back to committee and have live witnesses, alphabet soup type of Federal agency as we can afford. I am not unmindful of under oath, to find out how it was, out domination. the pressure that this and other guar- of 34 judges who could have heard the That may sound strong, but it is lit- anteed spending will place on the budg- Huang case in Los Angeles, that this erally true. et, the Budget Committee, and the ap- case got to Judge Paez, the one who Many of you may have heard I was propriations bills. We will have to all was already being nominated by the concerned about a provision in the work together on these matters. President for a court of appeals that is budget treatment section of the final Once again, I thank the members of one step below the U.S. Supreme Court. compromise package on the FAA. That the conference and my staff, including is true, and I would like to briefly dis- How did it go to him? Steve Cortese, Wally Burnett, Paul Also, we had the Maria Hsia case cuss it. Doerrer, Mitch Rose, and my legisla- that was recently tried here in Wash- The practical effect of the provision tive fellow Dan Elwell, for all of their that the House ultimately agreed to ington, and she was convicted. I believe work on this measure over the past there was a mistrial in California, but delete from this bill would have been year. he had that case, too. How did this to bar any Senate bill or conference re- I yield the floor. judge, out of 34, get both those cases port or budget resolution from being I suggest the absence of a quorum. that had great potential to embarrass considered that did not slavishly ad- The PRESIDING OFFICER. The the President, because this was the key here to the legislative structure or lev- clerk will call the roll. part of the campaign finance corrup- els of funding in this bill. Such a provi- The assistant legislative clerk pro- tion scandal? John Huang is the guy sion amounted to an ultimatum to the ceeded to call the roll. who raised $1.6 million in illegal funds Senate that presented an unwarranted Mr. SESSIONS. Mr. President, I ask from foreign sources that the Demo- intrusion into the legislative process. unanimous consent that the order for cratic National Committee had to re- The provision would have given a small the quorum call be rescinded. turn because they were illegally ob- number of House Members the ability The PRESIDING OFFICER. Without tained. to completely derail an appropriations objection, it is so ordered. Then he comes in and the Depart- conference report, agreed to by the Mr. SESSIONS. Mr. President, I ask ment of Justice, which was urged by House and the Senate, on completely unanimous consent to speak approxi- the chairman of the Judiciary Com- procedural grounds. mately 12 minutes on the Paez nomina- mittee of the Senate and the House, This provision could have had severe tion. I don’t know whether there is any Members of this body—we urged the and damaging unintended con- agreement on that. Otherwise, I will do Department of Justice to send a special sequences. For example, the House in- it in morning business. prosecutor to handle this case, and she sistence on the across-the-board cuts in The PRESIDING OFFICER. Without did, in a number of cases; Attorney last year’s wrapup bill would have trig- objection, it is so ordered. General Janet Reno did make special gered that provision, and the omnibus f appointments. bill would not have been in order on THE PAEZ NOMINATION Mrs. BOXER. Will the Senator yield the floor of the House. for a question? The minority party in the House Mr. SESSIONS. Mr. President, I re- Mr. SESSIONS. I will be glad to could have used this provision to op- main very troubled by this nomination. yield. pose a transportation appropriations I know it has been pending for a long Mrs. BOXER. I hope my friend under- conference report, a supplemental con- time because of the controversy sur- stands that in the Maria Hsia case ference report, or an omnibus bill if the rounding the activism of the Ninth Cir- there were two trials. The campaign guaranteed levels or program struc- cuit Court of Appeals to which Judge trial he is talking about did not go to tures were modified in any fashion, Paez has been nominated and by Judge Judge Paez. The trial he had with her pursuant to the waiver provisions con- Paez’s own personal history of activism had to do with a tax evasion case where tained in the law, even if such modi- and his philosophy of judging that indi- there was a jury that deadlocked. My fication were made at the request of cates to me he is quite clearly right friend keeps bringing up these cases in- the leadership or of the authorization along with the leftward group in tilt jecting politics into this. My friend committees. and movement of that circuit. We need knows all these cases are taken on a The bottom line when considering to remove that circuit to the main- random basis. My friend knows there this particular provision is that it is stream, not continue it out in left are rated— S1296 CONGRESSIONAL RECORD — SENATE March 8, 2000 Mr. SESSIONS. Mr. President, I re- In addition, should the Court reject the It said: Judge, if you accept this plea, claim the floor. I appreciate the ques- Agreement and should you thereafter with- the prosecutors of the United States tion. draw your guilty plea— will not prosecute you, John Huang, for Mrs. BOXER. I want my friend to They said if the judge did not follow any other violations of law other than comment on it. this recommendation of probation, those laws relating to national secu- The PRESIDING OFFICER. The Sen- John Huang could withdraw his plea rity or espionage occurring before the ator from Alabama has the floor. and go to trial and declare his inno- date of this agreement signed by you. Mr. SESSIONS. Maria Hsia was in- cence and they would not use anything He could have been found to commit dicted in California and charged here. he said against him. murder. Giving blind immunity is a She had a hung jury there and was con- It goes on to say: very dangerous commitment to make. victed here. That was a critical case to . . . without prejudice . . . to indictment— He could have committed embezzle- the Clinton-Gore administration. It In your defense. ment. He could have committed brib- was important to them. She had the It goes on in detail about it. That is ery. He could never be prosecuted. He potential to cooperate and talk. normally done. I was a Federal pros- got his probation deal, he walked out At any rate, it still remains odd to ecutor. I am aware of that. of court, and he received no time in me that in these high-profile cases They had the deal arranged. They jail. about which much has been written in took it to him. He was not given all of There was no evidence presented in recent weeks, one of which was tried the facts in the case, but he was given court about the $1.6 million he spent in enough facts in the case and he was here in Washington, Judge Paez got this campaign for the Democratic Na- aware of enough facts to reject this both of them. tional Committee, which was illegal plea. I submit to my colleagues that per- and had to be returned. None of that I want to go over with my colleagues came out. It was not a plea bargain; it haps that circuit is assigning those a couple of the items. I mentioned cases randomly, but this case of John was a wrong plea bargain. He should them earlier, but this is so critical. have looked those lawyers in the eye Huang did not come off an indictment; This is why we need to take some time it came off a plea bargain. I have a and said: Gentlemen, I have the right to pause before we confirm this man to reject this plea and I do. This is a copy of the plea bargain which is part for a lifetime appointment to a court of the public record in California. It matter of national importance. It is a one step below the U.S. Supreme Court. matter that goes to the core of justice was signed by John Huang, his attor- We waited and fought for 4 years as to and our commitment in this country to neys, and the prosecutor, a Department whether or not he should be confirmed. equal justice under law. of Justice employee of Janet Reno who Now we have these new charges pend- He did not do so. He actually went holds her job in Washington at the ing, and I do not see why in the world along with a procedure in which he ac- pleasure of the President of the United we cannot be given 3 weeks—just 3 cepted guideline levels that he could States, whose campaign was involved weeks—to inquire into it and make a not justify and that were wrong. He in this illegality. That is who was mak- decision. was affirmatively wrong. He maybe ing the decision on the prosecutorial This is what he was given. He was should have had more evidence, but he end. given evidence that a substantial part had enough to reject this agreement. To me, the question is whether or not of the fraudulent scheme was com- I know my time is up, Mr. President. the judge handled himself correctly. mitted outside the United States be- I believe strongly in this. We ought not Some say the judge did not know of all cause this was foreign money. If that is to be doing this. We ought not to be this material and it was not his fault; true, the judge was required to add two shoving this through. This man ought it was the prosecutor’s fault. I do be- levels to the sentencing. He added no not to be on the bench until we know lieve the prosecutors failed in advo- levels to the sentencing for that. precisely how he got this case and why, cating effectively the interests of the He was told there were 24 illegal con- and have him stand up under oath and people of the United States and the tributions spread out over a course of 2 explain why he did not follow the plain rule of law in this case. years involving multiple overseas cor- guidelines of the law of the United In California, young people every day porate entities of which June Huang States of America. I believe strongly in are getting sent to jail for 15 years, 20 was responsible for soliciting the it. I have voted for an overwhelming years, without parole, for dealing in money and reimbursing the contribu- number of Federal judges put forth by crack cocaine and other violations. A tions. That should have added two to this administration. This Congress has guy raises $1.6 million from the Chi- four new levels. rejected only 1 out of over 300-some- nese Government and launders it into He was an officer and a director in a thing. This one has been controversial the Democratic National Committee, bank, and as an officer and a director, from the beginning, and he ought not and what does he walk out with? Total he should have had two levels added for go forward. probation, not a day in jail. That is abusing a position of public or private Mr. President, my time is up, and I wrong. trust. yield the floor. This is how they did it. This is a plea These are not requests. These are Mr. HATCH. Mr. President, I support agreement. First and foremost, a judge matters at which the judge is supposed the nominations of Ms. Berzon and is not bound to accept the plea agree- to look. They are mandates of law. He Judge Paez, and spoke yesterday urg- ment. He does not have to accept it. I ignored all of those, and that is how ing my colleagues to do the same. am going to read the language in this the judge came out with a sentence I would hope my remarks prove per- agreement that talks about that. This level of 8 and not maybe 14 because if suasive. But if they do not, my col- is Huang and his attorneys and the it had been a level 9, one more level up, leagues of course are free to reasonably U.S. attorney prosecutor. They signed and this sentence would have required disagree with my view and to cast a this agreement. It says: John Huang to go to jail at least some vote against these candidates. time. It is quite another story, however, for This agreement is not binding on the The Department of Justice did not Court. members of this body to frustrate a want him to go to jail. They wanted majority vote on these nominees by And the court in this case is Judge him to have a deal. He spent not one forcing a super-majority cloture vote. Paez. day in jail and pled to a contribution I have reached this conclusion after The United States and you— to the mayor’s race of the city of Los having been part of this process for Huang— Angeles and did not plea to any crimi- over 20 years now, and having served as understand that the Court retains complete nal charge relating to the 1996 Presi- Chairman of the Judiciary Committee discretion to accept or reject the agreed- dential campaign and, in fact, I want for more than half a decade. upon disposition provided for in Paragraph to note what this plea agreement said. There are times when legislators 15(f) of this Agreement. It grants him immunity on all of those must, to be effective, demonstrate They had an agreement, but the charges. This is what the agreement their mastery of politics. But there are judge had every right not to accept it. said, America. Listen to this. This is also times when politics—though avail- It goes on to say: serious business. able—must be foresworn. March 8, 2000 CONGRESSIONAL RECORD — SENATE S1297 I am reminded of the great quote of peated credence to the practice of fili- have seized on this honor as suggesting Disraeli, which I will now paraphrase— bustering judicial nominees, we can ex- that Ms. Berzon possesses a liberal and ‘‘next to knowing when to seize an op- pect the favor to be returned when the activist judicial philosophy. I say to portunity, the most important thing is President is one of our own. We hope in those who believe serving as a Supreme knowing when to forego an advan- earnest that the next President will Court clerk is emblematic of one’s po- tage.’’ I hope my colleagues will forego hail from our party. And if we are litical beliefs that they are wrong to the perceived advantage of a filibuster. gratified in that hope, how short-sight- believe a clerk adopts her Justice’s Simply put, there are certain areas ed it will have been that we gave a philosophy for life. First, to be chosen that must be designated as off-limits fresh precedent to the minority party by any Justice of the Supreme Court as from political activity. Statesmanship in this body to defeat—by requiring not a clerk is a rare and noteworthy honor, demands as much. The Senate’s solemn 51 but a full 60 votes—that Republican reserved for the most promising legal role in confirming lifetime-appointed President’s judicial nominees. minds from the finest law schools. So Article III judges—and the underlying It is important to remember another the most important thing to be gath- principle that the Senate performs that reason against filibustering judicial ered from Ms. Berzon’s service as a Su- role through the majority vote of its nominees. Most of the fight over a preme Court clerk is that her promise members—are such issues. Nothing less nomination has occurred well before a as a lawyer and future judge was al- depends on the recognition of these nominee arrives at the Senate floor. ready apparent thirty years ago just as principles than the continued, Proverbial battles are fought between she was beginning her career. untarnished respect in which we hold people in the White House and mem- Second, it is demonstrably untrue our third branch of Government. bers of the Judiciary Committee. that you can tell the philosophy of an On the basis of this principle, I have As a general matter, when nominees individual by the belief of his or her always tried to be fair, no matter the get this far, most of them should be ap- former boss. I’m sure we all know ex- President of the United States or the proved. Though there are some that we amples of people who have worked for nominees. Even when I have opposed a will continue to have problems with, it us in the Senate who don’t share our nominee of the current President, I is our job to look at them in the Judi- views on every issue. But perhaps the have voted for cloture to stop a fili- ciary Committee. That is our job—to best example of the unfairness of as- buster of that nominee. That was the look into their background. It is our suming that Marsha Berzon believes case with the nomination of Lee job to screen these candidates. everything that Justice Brennan did is Sarokin. In the case of both Ms. Berzon and another former Brennan clerk, Judge To be sure, this body has on occasion Judge Paez, each was reported favor- Richard Posner of the 7th Circuit Court engaged in the dubious practice of fili- ably to the floor. And now we have the of Appeals. Many consider Judge busters of judicial nominees. But such unusual situation of a Democrat Presi- Posner the most creative legal mind of episodes have been infrequent and, I dent, the Republican and Democrat his generation, and no one who is fa- shall add, unfortunate. Senate Leaders, and Republican and miliar with his law and economics phi- During a number of occasions in the Democrat Chairman and Ranking losophy would call him a liberal. Reagan and Bush Administrations, my Member of the Judiciary Committee, So let’s put that fallacious line of ar- colleagues on the other side engaged in all agreeing that votes on the nominees gument to rest. filibusters of judicial nominees. Fre- should go forward. But certain Sen- Listen to the praise our Judiciary quently, they backed off, ostensibly re- ators who oppose these nominees have Committee Chairman, my friend Sen. alizing there were enough votes to stop nonetheless elected to thwart such HATCH, heaped upon Marsha Berzon a filibuster. votes. And just last year, I watched with At bottom, it is a travesty if we es- when the Committee considered her sadness as the minority made history tablish a routine of filibustering nomination before forwarding it to the by filibustering one of its own party’s judges. We should not play politics full Senate. Chairman HATCH called nominees. Forcing a cloture vote on with them. Berzon ‘‘one of the best lawyers I’ve Clinton nominee Ted Stewart—who is Mr. FEINGOLD. Mr. President, I am ever seen.’’ He noted in a letter sup- now acquitting himself superbly as a pleased that the Senate is finally going porting her nomination that her ‘‘com- district judge in Utah—reflected noth- to act on the nomination of Marsha petence as a lawyer is beyond ques- ing more than a political gambit to Berzon to be a judge on the Ninth Cir- tion’’ and that she has the ‘‘sound tem- force action on other judicial nomi- cuit Court of Appeals. The history of perament that will serve her well as a nees. Fortunately, the effects of that her nomination is one of the most dis- federal judge.’’ At the time Chairman filibuster were short-lived, as the mi- appointing episodes in the Senate’s re- HATCH also noted that Marsha Berzon nority recognized the errors of its cent shameful treatment of judicial had attracted ‘‘both Republican and ways. nominees. One of America’s most Democratic support.’’ I am pleased These unfortunate episodes do not a qualified appellate litigators has been that the Chairman continues to sup- precedent make. The fact that these held hostage by opponents who raise port her nomination on the floor. actions precede us does not establish a complaints without substance or merit Opponents of Marsha Berzon have roadmap for the Senate’s handling of to impede her confirmation. Today I questioned her credentials unfairly. future nominations. hope to dispel some of the myths that Despite graduating with honors from Moreover, these filibusters were lim- opponents of her confirmation have Harvard/Radcliffe college and teaching ited in number. During some of the used to block Marsha Berzon’s nomina- law school courses at both Cornell and Reagan and Bush years, I thought our tion. I urge the Senate to confirm her, Indiana University Law schools, her colleagues on the other side did some and put a highly qualified lawyer on scholarship has been attacked. reprehensible things in regard to the bench where she belongs. Some who have opposed Berzon’s Reagan and Bush judges. But by and What kind of nominee do we have be- nomination have even called her a large, the vast majority of them were fore us today in the person of Marsha labor zealot. But Mr. President, there put through without any real fuss or Berzon? We have a woman who has dis- are a number of people in this room bother, even though my colleagues on tinguished herself at all levels, from who were attorneys before joining the the other side, had they been Presi- clerkship through successful private Senate. They know, as do I, that the dent, would not have appointed very appellate practice. We have a woman code of professional responsibility re- many of those judges. We have to show who has already argued before the Su- quires zealous advocacy on a client’s the same good faith on our side, it preme Court four times and has repeat- behalf. So to mention her zeal for her seems to me. edly appeared before Circuit courts practice is simply to highlight one of My message against filibusters of ju- around the country. those qualities which makes her such a dicial nominees is one I hope to make Thirty years ago Ms. Berzon received fine candidate for the 9th Circuit. It abundantly clear to my colleagues in the honor of being picked as U.S. Su- shows that she has taken her practice the majority. This is so because, to the preme Court Justice William Brennan’s of law to the highest and most profes- extent our majority party gives re- first female law clerk. Her opponents sional level. S1298 CONGRESSIONAL RECORD — SENATE March 8, 2000 And lest her opponents complain come in this country in recognizing made.’’ Mr. President, Ms. Berzon is about professionalism and infer un- equal rights for women, we risk cre- entitled to her views and I am not fairly that a former labor lawyer can- ating the perception that gender biases going to criticize her for her personal not be fair to management, listen to will continue to plague our judicial beliefs. But looking at her past and the what numerous management-side at- system well into the 21st century. causes which she has pushed show that, torneys who have litigated against her I believe Ms. Berzon is highly quali- if confirmed, she is not going to help say about Marsha Berzon. Let’s take fied to sit on the 9th Circuit, and her steer the 9th Circuit toward the judi- the case of W.I. Usery, Jr., a former Re- confirmation should wait no longer. I cial mainstream. publican Secretary of Labor: enthusiastically support her and I urge As for Judge Paez, he currently sits Usery said Ms. Berzon ‘‘has all the my colleagues to do the same. on the federal district court in the 9th qualifications needed, as well as the I yield the floor. Circuit, and his nomination is opposed honesty and integrity that we need and Mr. BUNNING. Mr. President, I rise by over 300 grassroots conservative or- deserve in our court system today. . . I in opposition to the nominations of ganizations that are troubled by his ju- know she will be dedicated to the prin- Richard Paez and Marsha Berzon to sit dicial activism. The U.S. Chamber of ciples of fairness and impartiality in on the 9th Circuit Court of Appeals. Commerce, and the Hispanic Chamber all her judicial activities.’’ There are serious problems with the of Commerce, have even taken the un- Or perhaps, we should listen to Fred 9th Circuit. It has become a renegade usual step of opposing his nomination Alvarez, President Ronald Reagan’s Circuit, far out of the mainstream of because of their concerns over some of former EEOC Commissioner and Assist- modern American jurisprudence, and I his past decisions, arguing that he has ant Secretary of Labor. Alvarez says: am afraid that if these nominees are pursued an agenda that ‘‘has the poten- Someone with the intellect and integrity, confirmed, they will only make a bad tial to cause significant disruption in which Ms. Berzon has demonstrated, under- situation worse. U.S. and world markets.’’ Mr. Presi- stands the difference between advocacy and Over the past six years, the 9th Cir- dent, business groups usually do not the solemn responsibilities undertaken as a cuit has been overturned 86% of the become involved in judicial nomina- federal appellate court judge . . . I can think time by the U.S. Supreme Court, a ter- tions, and when they do it should make of no other union-side lawyer who would rible record. During this period, the us wonder. command so strong and so compelling a con- Even the Washington Post editorial sensus from management lawyers on her Supreme Court has reviewed 99 deci- sions from the 9th Circuit, and over- page, no friend of conservative causes, suitability for such an important position on has cautioned that opposition to Judge the 9th Circuit Court of Appeals. turned 85 of those decisions. During the Paez ‘‘is not entirely frivolous’’, and So there you have it Mr. President. current session, the 9th Circuit has been overturned in all of the 7 cases re- points to past public remarks by Judge Top Republican officials—who we can Paez that show how ‘‘sympathetic’’ he be sure favor management positions by viewed by the Supreme Court, and in one term—1996–97—27 of 28 decisions is to activist, judicial thinking. personal philosophy—endorse Berzon Mr. President, since coming to the were overturned, including 17 by unani- and her professionalism without res- Senate I have voted for some of Presi- mous votes. ervation. dent Clinton’s judicial nominees, and I This is the worst record of any cir- So let’s put the foolish argument have opposed several. Yesterday, in cuit, and is especially troubling given that Marsha Berzon can’t be fair con- fact, I voted to confirm Julio Fuente to the size and influence of the 9th Cir- cerning labor issues to rest. sit on the Third Circuit. But con- cuit. It covers almost 40% of the coun- Let’s review. We’ve shown that argu- firming Richard Paez and Marsha ments that Berzon is some liberal by try, and 50 million Americans—20 mil- Berzon to sit on the 9th Circuit would her association with Justice Brennan lion more than any other circuit. The be a mistake, and would directly affect are fallacious. We’ve shown that argu- fact that the 9th Circuit has been slip- 50 million Americans. The 9th Circuit ments that she is a zealous advocate ping toward judicial extremism is no has serious problems, and confirming and should be rejected as an ideologue laughing matter, and directly affects a these nominations are not going to fix in fact highlight her mastery of the large part of our nation and almost those problems. Consequently, I am practice of law and make her highly one-fifth of our citizens. going to oppose them. qualified for this position. We’ve ex- The main reason for the judicial im- Mr. FEINGOLD. Mr. President, I rise ploded the myth that she is anti-man- balance on the 9th Circuit is that to speak today in strong support of the agement and incapable of impartiality Democratic appointees currently com- nomination of Richard Paez to be a in hearing cases pitting management prise 15 of the 22 positions on the 9th judge on the Court of Appeals for the versus labor, and found that she works Circuit, 10 of whom were appointed by 9th Circuit. By finally moving on the towards reaching consensus. So one has President Clinton. I do not begrudge nominations of Judge Paez and Ms. to wonder Mr. President, what is really President Clinton his appointees; he is Marsha Berzon this week, the Senate going on here? the President, and has the constitu- will take long-delayed steps towards I’m concerned about the appearance tional right and responsibility to fill returning the 9th Circuit dockets to a that Marsha Berzon has had such a the federal bench. But the 9th Circuit manageable level. Action on these long, hard road to confirmation be- has become lopsided with activist nominees is long overdue. I believe cause she is a woman. And I don’t judges that has helped push it far out their nominations should be confirmed, blame the public for taking that mes- of the judicial mainstream. The circuit and I hope, after all this delay, there sage from this delay when a highly cries out for balance. will be strong bipartisan votes in favor qualified appellate attorney is held up Confirming Richard Paez and Marsha of them. for years and the arguments against Berzon to the 9th Circuit would only Four years, 1 month, and 11 days. her confirmation are so thin. exacerbate its problems. Mr. President, Just over forty-nine months. One thou- At the end of 1999, the entire federal I do not know the nominees and I have sand, four hundred and ninety-nine judiciary included only 158 women— nothing against them. Their records days. That’s right. 1499 days, two short that’s a scant and embarrassing 20% of show that they have long legal back- of 1500. That is how long Judge Richard sitting judges. Rather than attempting grounds, and deserve a final vote on Paez has been waiting for the Senate to to address that disparity, this Senate their nominations. But, the record also act on his nomination. In the same has chosen to continue the policies of shows that they both tilt far too left in amount of time, a young adult could limiting the upward elevation of tal- their judicial views and would not help enter and complete a full college de- ented and capable women attorneys to restore balance or judicial sensibili- gree program. Let me repeat that. and judges. We’ve repeatedly delayed ties to the 9th Circuit. Judge Paez has waited for the Senate action on a host of female candidates. Ms. Berzon has worked as the general to grant him the simple grace of voting What’s the impact? If fewer women get counsel of the AFL–CIO for over a dec- his nomination up or down for longer confirmed, there are fewer lower court ade, and was long active with the than it takes a young American to judges to elevate to the nation’s appel- ACLU. At least one conservative group complete an entire college education. late courts. And if the judiciary re- has described her as the ‘‘worst judicial A President or Governor could be inau- mains a male bastion, as far as we’ve nomination President Clinton has ever gurated, serve his or her entire term March 8, 2000 CONGRESSIONAL RECORD — SENATE S1299 and be re-inaugurated during that Now Mr. President, let me address Circuit for so successfully fulfilling same four year time period. While I’m the argument made by the Majority their judicial roles at the same time sure Judge Paez is a patient man, pos- Leader and others that the pending 9th vacancies are greatly increasing their sessed of the proper judicial tempera- Circuit nominations should be rejected dockets and stretching their time thin. ment that makes him an excellent can- because that circuit has a supposedly The pressure to carefully make the didate to sit on the 9th Circuit, I know high level of reversals when its deci- proper judicial decisions is great, and that even his patience must have long- sions are reviewed by the Supreme these Judges are responding with pro- ago worn thin waiting for the Senate Court. This argument simply doesn’t fessionalism. I thank them for that, to act on his nomination. hold water. but I cannot help but think that we are First nominated to fill a 9th Circuit First, if we assume that this argu- putting an unconscionable burden on vacancy on January 26, 1996, Judge ment is not meant to be critical of the them. Paez has been subject to delay after views or qualifications Judge Paez or So what is the point of raising delay after delay, and yet his oppo- any other nominee personally, it meritless arguments against this nomi- nents have not been able to give a con- makes no sense at all. Even if we dis- nee? Why the long delay? Let me sug- vincing reason why we shouldn’t con- agree with the direction of that court, gest two possibilities, neither of which firm his nomination. Even with his 13 why would we deny the 9th Circuit ade- reflect well on the Senate. First, Sen- year record as a LA Municipal Court quate resources, thereby depriving the ators delaying these nominations may Judge and nearly 6 years as a U.S. Dis- litigants in that circuit of efficient ad- be trying to run out the clock until trict Court Judge for the Central Dis- ministration of justice? It just makes President Clinton leaves office. Con- trict of California, those who don’t no sense. firmations always slow down in a presi- More importantly, arguing that the want him on the bench can’t build a dential election year. In 10 months, we Ninth Circuit is out of step with the case against his elevation to the 9th will have a new President. Perhaps a Supreme Court and needs to be reined Circuit. They charge that he is an ‘‘ac- different President will put forward a in doesn’t get opponents over the hur- tivist judge,’’ but the record simply different nominee. But Judge Paez was dle that they have not yet been able to doesn’t support this allegation. actually nominated a year before the Judge Paez now bears the dubious satisfy—to show that Judge Paez is un- President’s 2nd inaugural. So holding suitable for the appellate bench. He is distinction of suffering through the up this particular nomination for pure- obviously not responsible for past deci- longest pendency of a nomination to ly political reasons is most unfair. In sions of the 9th Circuit. So the argu- the federal bench in the history of the some ways, this nomination should get ment has to be that his elevation will United States. special treatment. We had an inter- All Judge Paez, has ever asked for continue the Circuit on its supposedly vening election after the nomination was this opportunity: an up or down misguided course. The evidence of was first made, and President Clinton vote on his confirmation. Yet for years, Judge Paez being unable to follow Su- won. It is indefensible to hold a nomi- preme Court precedent is thin indeed, the Senate has denied him that simple nation hostage for his entire second if not non-existent. courtesy. term. It defies the clear constitutional But more fundamentally, it is simply I find it ironic that Judge Paez, the not factually correct that the 9th Cir- prerogatives of the duly elected Presi- same judge who diligently worked to cuit is out of step with the Supreme dent to choose nominees to the bench reduce the length of delays in resolving Court and other circuit courts. Chief and the duty of the Senate to say yes civil matters in Los Angeles and Judge Hug in his letter convincingly or no. throughout California’s court system Some Senators may also object to refutes the argument that his circuit is through his design and implementation moving the nomination of Judge Paez reversed more often than others. In of a civil trial delay reduction project, because of a perceived judicial philos- fact, its clear from the numbers that should himself be subjected to such ophy. Some opponents of his nomina- even in 1996–1997, when the 9th Circuit’s egregious delay in getting his ‘‘day in reversal rate was at its highest level of tion look to his long and distinguished court’’ before the full Senate. Particu- recent years, it was reversed less fre- service in legal aid and attempt to tar larly when the Senate confirmed his quently than 5 other circuits—the 5th, him with the epithet of ‘‘liberal,’’ for- nomination for a District Court judge- 2nd, 7th, D.C. and Federal—each of getting that his exemplary judicial ca- ship in July 1994 by unanimous con- which were reversed 100% of the time reer has been filled with distinction at sent. Now I recognize that control of that year by the Supreme Court. In all levels. A close look at his record as this body has changed since 1994, but more recent years, the statistics show a U.S. District Court judge since the his nomination to the District Court even more clearly that the 9th Circuit Senate confirmed his nomination in was confirmed without objection. And is not a runaway train that somehow 1994 debunks attempts to label his his record on that court has been exem- needs to be slowed down, but many in opinions as conservative or liberal, re- plary. the Senate would like it to become a actionary or progressive. This delay has not simply been unfair more conservative circuit, perhaps to The Los Angeles Daily Journal, to Judge Paez and his family. It has af- be broken into two conservative cir- which is a newspaper devoted to cov- fected the administration of justice. cuits. And they are willing to hold up ering the courts and the legal profes- Listen to the concerns of Procter Hug, Judge Paez and others to achieve that sion in Los Angeles commissioned 15 Jr., Chief Judge of the 9th Circuit. political objective. legal experts to examine Judge Paez’s Chief Judge Hug has responsibility for Furthermore, I have to point out decisions in seven different cases. Each overseeing the functioning and man- that reversal rates are a very poor cri- case was reviewed by at least 2 experts. aging the caseloads of the entire Cir- teria for judging a court’s work. The The results were clear. Thirteen of the cuit. Currently, of the 28 spots on the Supreme Court is not required to re- legal scholars and practitioners found 9th Circuit, 6 stand vacant. Chief Judge view every appellate decision. It picks Paez’s opinions ‘‘well-reasoned and Hug explained in a letter this past which cases to review. So it is hardly well-written.’’ Two others were mildly week to the Judiciary Committee that surprising that when it does take a critical. And, in the one decision in during his term as Chief Judge, the case, it reverses a lower court. Chief which the experts were critical of Senate has left him with up to 10 va- Judge Hug quite rightly points out Judge Paez’s decision not to dismiss cancies on the court at any one time. that the 9th Circuit decides about 4,500 claims that Unocal Corporation was He has responded to this judicial emer- cases on the merits each year. 4,500. So liable for human rights abuses in gency by begging his colleagues to re- the fact that 10 or 20 cases per year are Burma, a third expert countered the double efforts to resolve cases and then reversed really should not trouble us. criticism of Judge Paez’s decision, say- increased their dockets to prevent even It is just not a plausible argument ing ‘‘I would give Judge Paez very good longer delays in resolution of cases. against a nominee for this Circuit that marks on his ruling.’’ What’s the point Hug argues forcefully for the confirma- its decisions are out of the main- here? In a variety of decisions, the tion of Judge Paez and Ms. Berzon and stream. commentators praised the work of asks this body to swiftly fill the other We ought to congratulate the women Judge Paez. Here are some of their 4 vacancies on the court. and men currently serving on the 9th comments: S1300 CONGRESSIONAL RECORD — SENATE March 8, 2000 I carefully read Judge Paez’s opinion and the basis of unsupported allegations of join me in quickly filling this and found that it was excellent in every respect. ‘‘judicial activism’’ is shameful, it other vacancies on the 9th Circuit. His writing was clear and his expression takes the impact of politics on this This long delayed confirmation vote was good. He did not show any ideological or personal bias. process to an extreme that we have not for Richard Paez is an important test Judge Paez’s injunction—in a case against seen before, and I hope we never see for the Senate. I hope we pass it. anti-abortion demonstrators—was entirely again. I yield the floor. consistent with the reasoning and result in Mr. President, regardless of the rea- f conservative jurisdictions. son for delays in acting on Judge The result is that claims that the Paez’s nomination, the effects of delay WENDELL H. FORD AVIATION IN- Judge’s record is activist, or liberally are damaging and unmistakable. I be- VESTMENT AND REFORM ACT slanted are simply wrong. Claims that lieve they are twofold. First, as I dis- FOR THE 21ST CENTURY—CON- he is anti-business are simply not cussed before, justice is put on hold in FERENCE REPORT—Continued borne out by the facts. Paez also ruled the 9th Circuit because of crowded The PRESIDING OFFICER. Under in favor of Philip Morris on a second- dockets. Second, this Senate sends a the previous order, the hour of 5 p.m. hand smoke suit and for Isuzu against subtle, but unmistakable signal to His- having arrived, the Senate will now Consumers Union. Senators opposing panic Americans, or recent immigrants vote on adoption of the conference re- this nominee because they claim he’s about opportunities in America. port accompanying H.R. 1000. anti-business are missing the point. It’s an old adage but a true one. Jus- There are 2 minutes equally divided Paez rules on each case on the merits— tice delayed is justice denied. Parties for debate. The Senator from Wash- yes, on the merits—and shows no favor- take their disputes to court to reach a ington. itism for or against business. So again, resolution. Longer dockets mean Mr. GORTON. Mr. President, this bill Mr. President, I’m just baffled by these delays for families and businesses seek- provides a generous contribution to the claims of activism or anti-business phi- ing to settle legal conflicts and move future of aviation in the 21st century. losophy being leveled against Richard forward. Holding up qualified nominees It significantly reforms the operations Paez. like Judge Paez and leaving huge holes of the Federal Aviation Administra- Now if his record as a judge doesn’t to fill on appellate benches literally tion. It represents the collective wis- support these charges of ‘‘judicial ac- delays justice. dom of the chairman and the ranking And the subtle, even subconscious tivism’’ where did Judge Paez’s oppo- minority member of the Commerce message sent to Hispanic Americans nents get the idea that he must be Committee, the chairman and the when they examine who hears their stopped. Opponents aren’t saying it ranking minority member of the Sub- disputes in a court of law is that Cir- openly but it could be that they are committee on Aviation, and the major- cuit court judgeships are not open to worried that a judge who formerly ity and minority leaders of this Senate. them. Young Hispanic Americans hear- worked in a legal aid capacity must be We do not have many bills such as this. ing about Judge Paez will unfortu- a liberal, and incapable of making bal- I commend it to my colleagues for pas- nately learn the message without it anced decisions. Having failed to find sage. ever being said out loud that there are The PRESIDING OFFICER. The Sen- any hint of bias or lack of judicial tem- limitations to their advancement in perament in 20 years of judicial deci- ator from West Virginia. careers of public service. The signals Mr. ROCKEFELLER. We have known sions, what other reason for opposition sent by Senators’ failure to vote for could there be other than a belief that a long time we have been underfunding Paez’s confirmation lead to diminished our aviation system as a whole, par- if you are an attorney who agrees to expectations and a view of limited, not work on behalf of those unable to ac- ticularly our air traffic control system, limitless opportunities for millions of reforming the FAA—all the rest of it cess the legal system because they are Hispanic Americans. The Washington poor or under-educated, as Judge Paez —building airports. Post reported on Monday that only 9 Overall, aviation funding is increased did for nine years early in his career, Hispanic American judges currently sit by 25 percent in this bill. It is a start. you must be a liberal, right? on appellate courts in this country out FAA operations funding is increased. Wrong. Dead wrong. The organized of a total of 170 appellate judges. And Bar in every single state requires pub- Airport money is increased by 33 per- only 31 out of 655 District Judges, in- cent; air traffic control modernization lic service of attorneys. Every major cluding Judge Paez, are Hispanic law firm has dedicated efforts to reach is increased by 40 percent. Americans. That’s a shameful record as This is the first shot we have at mak- under-served populations needing legal we begin the 21st century. ing the airways safe for the American advice. That’s part of the profession, a Here’s the message sent if Judge Paez people. I urge my colleagues to support noble part of the profession, and those is not confirmed. You can go to law the bill. who would complain about Judge school at UC Berkeley’s Boalt Hall Mr. President, I note Senator LAU- Paez’s service to those in need would School of Law, work tirelessly with TENBERG wanted to have 1 minute in do well to remember their own reasons under-served and under-represented opposition, but I do not see him on the for choosing to serve the public. For populations needing legal assistance, floor. I do not know what to add fur- my part, I applaud the decision of be a successful and well-respected ther to that. Judge Paez and others like him to judge on the local bench and the fed- I yield the floor and suggest the ab- serve the poor, and I cannot imagine eral District Court, get the highest rat- sence of a quorum. how his unique perspective from work- ing from the American Bar Associa- The PRESIDING OFFICER. The ing one on one with these populations tion, receive endorsements from law clerk will call the roll. for nine years would not be desirable enforcement organizations, bar leaders, The legislative clerk proceeded to and an advantage to parties before the business leaders, and community lead- call the roll. 9th Circuit. His perspective is badly ers, and yet be needlessly and unfairly Mr. LAUTENBERG. Mr. President, I needed in a circuit which serves 20% of delayed and prevented from being ele- ask unanimous consent that the order the nation’s population, many of whom vated to the prestigious 9th Circuit for the quorum call be rescinded. are people who needed legal aid when Court of Appeals based on unsubstan- The PRESIDING OFFICER. Without he was working with them during the tiated and vague concerns that you are objection, it is so ordered. 70s. a ‘‘judicial activist’’ or a ‘‘liberal.’’ Mr. LAUTENBERG. Mr. President, If opponents of Judge Paez want to There is only one nominee in this posi- we are about to vote on a bill that pur- fill the court only with seemingly con- tion, whose nomination has been held portedly takes care of the problems of servative judges, they mistake their up for over 4 years. That is Richard the FAA. I have to say, this bill guar- role in the constitutional scheme in Paez, who is a Hispanic American. antees funding increases in a manner my opinion. Let’s not kid ourselves. That’s the wrong message from this that is grossly imbalanced. It threat- Partisan politics shouldn’t play a part Senate to millions of Americans, and ens to cut funding from Amtrak, from in the confirmation of judges, but they we should not send it. the Coast Guard, from highway safety, do. But to hold up a well-qualified I strongly support Judge Paez’s con- and the NTSB in order to provide an judge for a President’s entire term on firmation, and urge my colleagues to aviation entitlement. March 8, 2000 CONGRESSIONAL RECORD — SENATE S1301 Investments in aviation do have to be The motion to lay on the table was Edwards Kerry Roberts Feingold Kohl Rockefeller made, but it has to be in a balanced agreed to. Feinstein Kyl Roth way if we are going to avoid gridlock. f Fitzgerald Landrieu Santorum You cannot ignore the rail system or Frist Lautenberg Sarbanes highway safety and only focus on avia- Gorton Leahy Schumer ORDER OF PROCEDURE Graham Levin Sessions tion. Mr. GORTON. Mr. President, I ask Grams Lieberman Smith (OR) The agreement seeks to guarantee a unanimous consent that the next vote Grassley Lincoln Snowe 64-percent increase in airport grants Gregg Lott Specter in this series be limited to 10 minutes and a 37-percent increase in moderniza- Hagel Lugar Stevens in length. Harkin Mack Thomas tion funding. Tight budget caps mean The PRESIDING OFFICER. Without Hatch McConnell Thompson either cuts in transportation appro- Hollings Mikulski Thurmond objection, it is so ordered. priations—including the Coast Guard Hutchison Moynihan Torricelli f Inouye Murray Voinovich or Amtrak—or cuts to other discre- Jeffords Nickles Warner tionary programs, such as education, Johnson Reed Wellstone health care, veterans’ benefits, or agri- EXECUTIVE SESSION Kennedy Reid Wyden culture. Kerrey Robb Further, it does not provide for the NAYS—13 NOMINATION OF MARSHA L. kinds of funding that operations will Allard Enzi Murkowski need to put on more controllers to man BERZON TO BE UNITED STATES Brownback Gramm Shelby this larger system. It does not provide CIRCUIT JUDGE FOR THE NINTH Bunning Helms Smith (NH) money for the continued training of CIRCUIT Craig Hutchinson DeWine Inhofe new controllers. The PRESIDING OFFICER. The time NOT VOTING—1 of the Senator from New Jersey has ex- NOMINATION OF RICHARD A. McCain pired. PAEZ, OF CALIFORNIA, TO BE Mr. LAUTENBERG. I yield the floor. UNITED STATES CIRCUIT JUDGE The PRESIDING OFFICER. On this The PRESIDING OFFICER. The FOR THE NINTH CIRCUIT vote, the yeas are 86, the nays are 13. Three-fifths of the Senators duly cho- question is on agreeing to the con- CLOTURE MOTIONS ference report to accompany H.R. 1000. sen and sworn having voted in the af- The PRESIDING OFFICER. Under firmative, the motion is agreed to. The yeas and nays have been ordered. the previous order, the Chair lays be- Mr. VOINOVICH. Under the previous The clerk will call the roll. fore the Senate the pending cloture order, pursuant to rule XXII, the Chair The bill clerk called the roll. motion, which the clerk will report. Mr. NICKLES. I announce that the lays before the Senate the pending clo- The legislative clerk read as follows: Senator from Arizona (Mr. MCCAIN) is ture motion on the nomination, which necessarily absent. CLOTURE MOTION the clerk will state. The PRESIDING OFFICER (Mr. We, the undersigned Senators, in accord- The legislative clerk read as follows: VOINOVICH). Are there any other Sen- ance with the provisions of rule XXII of the CLOTURE MOTION ators in the Chamber desiring to vote? Standing Rules of the Senate, do hereby move to bring to a close debate on Executive We, the undersigned Senators, in accord- The result was announced—yeas 82, Calendar No. 159, the nomination of Marsha nays 17, as follows: ance with the provisions of rule XXII of the L. Berzon, to be United States Circuit Judge Standing Rules of the Senate, do hereby {Rollcall Vote No. 35 Leg.} for the Ninth Circuit: move to bring to a close debate on Executive YEAS—82 Trent Lott, Orrin G. Hatch, Susan M. Calendar No. 208, the nomination of Richard Abraham Enzi Mack Collins, Arlen Specter, Ted Stevens, A. Paez, to be United States Circuit Judge Akaka Feingold McConnell Thad Cochran, James M. Jeffords, Rob- for the Ninth Circuit. Allard Feinstein Mikulski ert F. Bennett, Richard G. Lugar, Trent Lott, Orrin G. Hatch, Susan M. Ashcroft Gorton Murkowski Chuck Hagel, Conrad Burns, John W. Collins, Arlen Specter, Ted Stevens, Baucus Graham Murray Warner, Patrick J. Leahy, Harry Reid Bennett Grassley Reed Thad Cochran, Robert F. Bennett, of Nevada, Charles E. Schumer, and Harry Reid, Richard G. Lugar, Chuck Biden Hagel Reid Tom A. Daschle. Bingaman Harkin Roberts Hagel, Conrad Burns, John Warner, Bond Hatch Rockefeller The PRESIDING OFFICER. By unan- Patrick Leahy, Charles E. Schumer, Boxer Helms Roth imous consent, the quorum call has Thomas A. Daschle, and Barbara Breaux Hollings Santorum Boxer. Brownback Hutchinson Sarbanes been waived. Bryan Hutchison Schumer The question is, Is it the sense of the The PRESIDING OFFICER. By unan- Bunning Inhofe Shelby Senate that debate on the nomination imous consent, the quorum call under Byrd Inouye Smith (NH) of Marsha L. Berzon to be United Campbell Jeffords Smith (OR) the rule is waived. Chafee, L. Johnson Snowe States Circuit Judge for the Ninth Cir- The question is, Is it the sense of the Cleland Kennedy Specter cuit shall be brought to a close? Senate that debate on the nomination Cochran Kerrey Stevens The yeas and nays are required under Collins Kerry Thomas of Richard A. Paez, of California, to be Conrad Kohl Thompson the rule. United States Circuit Judge for the Coverdell Landrieu Thurmond The clerk will call the roll. Ninth Circuit, shall be brought to a Daschle Leahy Torricelli The legislative clerk called the roll. close? DeWine Levin Warner Mr. NICKLES. I announce that the Dodd Lieberman Wellstone The yeas and nays are required under Senator from Arizona (Mr. MCCAIN) is Domenici Lincoln Wyden the rule. The clerk will call the roll. Dorgan Lott necessarily absent. Durbin Lugar The PRESIDING OFFICER. Are there The assistant legislative clerk called NAYS—17 any other Senators in the Chamber the roll. Bayh Frist Moynihan who desire to vote? Mr. NICKLES. I announce that the Burns Gramm Nickles The yeas and nays resulted—yeas 86, Senator from Arizona (Mr. MCCAIN) is Craig Grams Robb nays 13, as follows: necessarily absent. Crapo Gregg Sessions Edwards Kyl Voinovich [Rollcall Vote No. 36 Ex.] The yeas and nays resulted—yeas 85, Fitzgerald Lautenberg YEAS—86 nays 14, as follows: NOT VOTING—1 Abraham Boxer Collins [Rollcall Vote No. 37 Ex.] McCain Akaka Breaux Conrad Ashcroft Bryan Coverdell YEAS—85 The conference report was agreed to. Baucus Burns Crapo Abraham Biden Burns Mr. GORTON. Mr. President, I move Bayh Byrd Daschle Akaka Bingaman Byrd to reconsider the vote. Bennett Campbell Dodd Ashcroft Bond Campbell Biden Chafee, L. Domenici Baucus Boxer Chafee, L. Mr. BENNETT. I move to lay that Bingaman Cleland Dorgan Bayh Breaux Cleland motion on the table. Bond Cochran Durbin Bennett Bryan Cochran S1302 CONGRESSIONAL RECORD — SENATE March 8, 2000 Collins Inouye Reid nominations aside until 2 p.m., at I hear—to indefinitely postpone a vote Conrad Jeffords Robb Coverdell Johnson Roberts which time the Senate would proceed on one of these nominees, then I be- Crapo Kennedy Rockefeller to back-to-back votes on or in relation lieve that kind of a motion is denying Daschle Kerrey Roth to the confirmations of Berzon and that nominee an up-or-down vote. You Dodd Kerry Santorum Paez. That would be at 2 p.m. tomor- can argue that it is really like an up- Domenici Kohl Sarbanes Dorgan Kyl Schumer row. or-down vote, but after we have gotten Durbin Landrieu Sessions Mr. LEAHY. Reserving the right to over 80 votes, with the help of the ma- Edwards Lautenberg Smith (OR) object, and I will not, I tell the distin- jority leader and Senator HATCH, in a Feingold Leahy Snowe guished leader I was struck by the Feinstein Levin Specter bipartisan way—and Senator LEAHY Fitzgerald Lieberman Stevens comments of the distinguished leader worked on that—you would think we Gorton Lincoln Thomas in saying we should not have the prece- could vote up or down. There is no Graham Lott Thompson dents of filibusters and requiring clo- precedent that I have gotten from the Grams Lugar Thurmond Grassley Mack Torricelli ture. I commend him for supporting Parliamentarian up to this point where Gregg McConnell Voinovich the cloture motion and moving this he has been able to show me this was Hagel Mikulski Warner forward so we would not have that done with a judicial nomination after Harkin Moynihan Wellstone precedent. I am concerned, though, be- Hatch Murray Wyden cloture was invoked. I wish to make Hollings Nickles cause I have heard rumors that one of that point because I don’t like to ever Hutchison Reed these votes may be on a motion to in- blindside my colleagues on anything. NAYS—14 definitely postpone a vote on these I think that if we go this route, it Allard Enzi Inhofe nominees. I understand that while such will be interpreted as a way to deny a Brownback Frist Murkowski a vote might be in order, there is no vote on the nominee, and I hope this Bunning Gramm Shelby precedent for such a vote on a judicial will not be the case. Surely, I hope, if Craig Helms Smith (NH) nominee; am I correct on that? I mean it is offered, we will defeat it. But it DeWine Hutchinson in my lifetime, and I was born in 1940. seems to me a bad precedent. I hope we NOT VOTING—1 The PRESIDING OFFICER. There is won’t see this go in that fashion. I McCain a precedent that a motion to postpone thank the Chair. I shall not object. The PRESIDING OFFICER (Mr. is in order after cloture is invoked. The PRESIDING OFFICER. Is there SMITH of Oregon). On this vote, the Mr. LEAHY. That was not my ques- objection? yeas are 85, the nays are 14. Three- tion, Mr. President. My question was Without objection, it is so ordered. fifths of the Senators duly chosen and very specific. In fact, I stated that I Mr. LOTT. Then the votes will occur sworn having voted in the affirmative, understand motions to postpone indefi- back to back at 2 p.m. on Thursday. In the motion is agreed to. nitely, I believe, are always in order, as light of this agreement, there will be Mr. LEAHY. Mr. President, is the are filibusters. But as the distinguished no further votes this evening. I believe Senator from Vermont correct that we leader said, we would not want to set a our staffs have probably put everybody have now voted cloture on both the precedent of filibusters on judicial on notice of that. nominations before the Senate? nominations. Am I correct that we f The PRESIDING OFFICER. The Sen- have not used motions to postpone in- LEGISLATIVE SESSION ator from Vermont is correct. definitely on judicial nominations fol- Mr. LEAHY. Then what is the par- lowing cloture? Mr. LOTT. Mr. President, I ask unan- liamentary situation, as regarding the The PRESIDING OFFICER. The imous consent that the Senate now re- two nominations? precedent does not state what the item sume legislative session. The PRESIDING OFFICER. There of cloture is on. The PRESIDING OFFICER. Without are 30 hours, evenly divided. Mr. LEAHY. Mr. President, if I un- objection, it is so ordered. Mr. LEAHY. Mr. President, I suggest derstand, we have never had this cir- f the absence of a quorum. cumstance. Certainly, I have not in my The PRESIDING OFFICER. The 25 years in the Senate. I do not believe MORNING BUSINESS clerk will call the roll. ever having a circumstance where we Mr. LOTT. Mr. President, I ask unan- The legislative clerk proceeded to have had cloture on two judicial nomi- imous consent that there be a period call the roll. nations and then had a motion to post- for the transaction of routine morning The PRESIDING OFFICER. The ma- pone, in effect, killing the nomina- business, with Senators permitted to jority leader is recognized. tions. speak therein for up to 10 minutes Mr. LOTT. Mr. President, I have a Mr. LOTT. Will the Senator yield? each. unanimous consent request and closing Mr. LEAHY. Yes. The PRESIDING OFFICER. Without script. Mr. LOTT. I believe, traditionally, it objection, it is so ordered. As you know, cloture was just in- is in order postcloture to have a mo- f voked on two Ninth Circuit judges. I tion to table or a motion to postpone still hope we have not set a precedent. indefinitely. I don’t know the prece- NUCLEAR WEAPONS I don’t believe we have because it was dents in terms of that actually having Mr. KERREY. Mr. President, the such an overwhelming vote to invoke been used. I am certainly not advo- question of how to write Federal laws cloture and stop the filibuster. We cating it. But under the rules of the and consider treaties that enable our should not be having filibusters on ju- Senate, I am under the impression that armed forces and diplomats to protect dicial nominations and having to move it would be in order. I thought maybe I and defend the people of the United to cloture. But we had to, and it was an could answer it succinctly without get- States is both important and difficult overwhelming vote of 86–13 on the first ting into the precedents. for Members of Congress to answer. To one, and I guess that was the vote on Mr. President, has the request write laws that keep America safe, we the second one, too. I intend to offer a been—— must evaluate today’s threats and to- time agreement between the pro- Mrs. BOXER. Reserving the right to morrow’s threats, we must consider the ponents and opponents regarding object, and I will not object, I say, plans presented by our military to postcloture debate. first, to the majority leader that I ap- meet those threats, and we must be Mr. President, I ask unanimous con- preciate very much his effort to bring vigilant against the understandable sent that Senator SMITH of New Hamp- the nominations forward, and voting tendency to want to withdraw from the shire be in control of up to 3 hours of for cloture, because without that we world. We must remember those mo- total debate on both nominations, and would not be where we are. I want that ments in our past when lack of prepa- that Senator LEAHY, or his designee, be understood. ration and planning resulted in terrible in control of up to 1 hour 30 minutes of I state on the RECORD today that this loss and then prepare to defend against total debate on both nominations; that Senator believes if there is going to be threats we face. following the conclusion or yielding a motion made—which there very well We must also remember that freedom back of the time, the Senate lay the may be because that is the rumor that is not free, and that the price paid by March 8, 2000 CONGRESSIONAL RECORD — SENATE S1303 those men and women who choose to needed to provide a minimal level of In itself, this is an awesome force. serve us in active, reserve, and Na- safety to the people of the United But it is only the beginning of what is tional Guard duty is considerable. States? My intent in beginning this available to U.S. military planners. At They serve the nation. They are not way is to make certain that I approach sea, we have 18 Ohio-class submarines. just in the Army, the Navy, the Air this question with the requisite seri- These are the ultimate in surviv- Force, the Marine Corps, and the Coast ousness to ensure that my answer will ability, able to stay undetected at sea Guard; they are in the United States defend America rather than defending for long periods of time. As such, our Army, the United States Navy, the an ideology. submarine force must give pause to United States Air Force, the United The person who has been given the any potential aggressor. Eight of these States Marine Corps, and the United authority to command our strategic boats carries 24 C–4 missiles. Each of States Coast Guard. This is a real dis- nuclear forces lives at Offut Air Force these missiles are loaded with eight tinction with a real difference. Base adjacent to Bellevue, NE. As Com- warheads with 100 kilotons of yield. The difference is that United States mander in Chief of Strategic Forces— The other 10 subs carry 24 of the up- forces do not just defend American or STRATCOM—his responsibility is to dated D–5 missiles. These missiles are shores. They defend liberty around the carry out the orders and instructions also equipped with eight warheads with world. In the confused aftermath of the given to him by the President through varying degrees of yield from 100 to 475 cold war, one thing should be abun- his Joint Chiefs of Staff. I have had the kilotons. dantly clear: The fight for freedom is pleasure and honor of visiting This is close to 1,500 additional tar- worth the price. From the end of the STRATCOM on many occasions. On gets that we are able to hit accurately Vietnam War in 1975 to the collapse of each of those occasions I have been and rapidly, if the President of the the Berlin Wall in 1989 there was an ac- briefed on the plans and mission of our United States merely gives the order— tive debate about the value and impor- strategic nuclear forces. On each of an awesome force, again, all by itself tance of this fight. However, the sight these occasions, I have left with pride to be able to deter individuals or na- of tens of millions of men and women and enthusiasm for the patriotism, en- tion states from taking action against celebrating the end of a political sys- ergy, and talent of the men and women the United States. tem that denied them freedom thrilled who serve at STRATCOM. On every oc- The third leg of the triad, the stra- even those grown cynical about the casion I have left with the impression tegic bomber force, includes both the value of cold war expenditures. The in- that Americans are getting their mon- B–2 and the B–52 bomber. These bomb- tellectual debate about the value of ey’s worth from this effort. With this ers have the capacity to carry 1,700 communism ended when we saw and ex- in mind, I think it is important to de- warheads via nuclear bombs and air- amined the destruction that was done scribe for the American people what launched cruiser missiles. by political tyranny. The human spirit STRATCOM is and what it does. Talking about this force, I use—and was reduced and squandered. The air, The mission of STRATCOM is simple, others do as well—words such as the water, and the health of the people but it is also deadly serious. Their mis- ‘‘yield’’ and ‘‘kilotons’’ or ‘‘megatons.’’ were sacrificed. Even the development sion is to ‘‘deter major military at- Unfortunately, most of these words to of economic standards of living—long tack, and if deterrence fails, employ a lot of us have very little meaning. On thought to be comparable to Amer- forces.’’ In this effort, Adm. Richard previous occasions, I have come to the ica’s—were shockingly inferior. Mies, the Commander of STRATCOM, floor to describe what a single 100-kil- Four times in my Senate career I controls the most effective and lethal oton weapon would do to one American have heard world leaders speak to joint set of armaments ever assembled by city, the kind of destruction not just to sessions of the Congress to praise the human beings: The strategic nuclear that American city but to the Amer- price paid by America for their free- force of the United States of America. ican economy, as well as to the psyche dom. Duly elected as Presidents of Yet, nearly a decade after the end of of the American people who would, to newly freed people, each stood before the cold war, many Americans no put it mildly, be terrorized as a con- us and spoke. Lech Walesa thanked us longer have an appreciation for the size sequence of this single action. I don’t on behalf of the people of Poland. Nel- and power of this force. I would like to want to recount that narrative today, son Mandela thanked us on behalf of take this opportunity to describe the but I do think it is important for us to the people of South Africa. Vaclav force Admiral Mies controls. try to put the power of these weapons Havel thanked us on behalf of the peo- First, America’s strategic nuclear in perspective. Oftentimes we don’t. ple of Czechoslovakia. And Kim Dae weapons are based on a triad of deliv- The numbers are so large and the weap- Jung thanked us on behalf of the peo- ery systems: Land-based, sea-based, ons systems so numerous that we get ple of South Korea. Their message was and strategic bombers. The U.S. relies dulled in our recognition of what they simple: If the United States had not on this triad to ensure credibility and can do. taken their side in the struggle for survivability. Because our forces are Let me use one example. On August freedom, they would not have suc- diversified in this way, a potential 6, 1945, the Enola Gay dropped the first ceeded. enemy must recognize that, regardless atomic bomb on the Japanese city of Certainly we have made mistakes. of any hostile action, the United States Hiroshima. That and the subsequent Our actions have not been free of would be able to retaliate with over- bombing of Nagasaki ended World War treachery, deceit, and failure. Some- whelming force. II. Little Boy was the name of the times our actions have brought shame Currently, the U.S. has about 500 bomb that was dropped on Hiroshima. and disgrace. Yet, we should allow our- Minutemen III and 50 Peacekeeper mis- It destroyed 90 percent of the city. In- selves to learn and be guided by these siles in the land-based arsenal. While stantly, 45,000 of this city’s 250,000 in- failures. We cannot permit them to dis- some of the Minuteman III missiles are habitants were killed. Within days, an- courage us from continuing the work of being modified to accept single war- other 19,000 had died from the writing laws that enable us to hold the heads, the bulk of these missiles are aftereffects of the bomb. This bomb ground we have won and to continue, armed with three warheads. These war- had a yield of 15 kilotons. A 300-kiloton most of all, the effort on behalf of oth- heads have a yield ranging from 170 to warhead such as can be found on top of ers held captive by the world’s remain- 335 kilotons. The 50 Peacekeeper mis- our Peacekeeper missile is 20 times as ing dictators or those who choose to siles are each armed with 10 individ- powerful. We don’t have in our stra- terrorize us with their unlawful ac- ually targetable warheads with a yield tegic arsenal a weapon that is under tions. of 300 kilotons. In other words, our cur- 100 kilotons. Each of the 50 Peace- This rather long opening leads me to rent land-based force alone can, upon keeper missiles in our arsenal carries a simple discussion of just one of the an order and instruction from the 10 of these 300-kiloton weapons. In all, questions we need to answer before we President of the United States, deliver Admiral Mies, under orders from the write the laws and negotiate the trea- approximately 2,000 warheads to 2,000 President of the United States, can de- ties that determine the nature, size, targets on over 500 delivery vehicles liver 6,000 strategic nuclear warheads and shape of our defenses. The question with a total yield of about 550 mega- with an approximate yield of over 1,800 is this: What nuclear force structure is tons. megatons. S1304 CONGRESSIONAL RECORD — SENATE March 8, 2000 Mr. President, I think it is very im- do. In their land-based arsenal, the 1997 study on U.S. minimum deterrence portant, as we debate what our nuclear Russians have approximately: needs completed by the then-Chairman weapons system needs to be, that we 180 SS–18 missiles with 10 warheads of the Joint Chiefs of Staff, General understand this concept and that we at 550 kiloton yields each, Shalikashvili. sort of take a map and use some com- They have 160 SS–19 missiles with six While I have no doubt that this re- mon sense and try to evaluate what warheads at 550 kiloton yields each. port was professionally prepared and 6,000 nuclear weapons with over 100 They have 86 SS–24 missiles with 10 evaluated on criteria available at the kilotons of yield each could do to tar- warheads at 550 kilotons yields each. time, I believe strongly it is time to gets inside of our principal reason for They have 360 SS–25 missiles with a redo this study. The current size of the deterrence, maintaining that arsenal, single warhead each at 550 kiloton United States and Russian nuclear ar- and that is Russia today. yield, and they have senals is not based on any rational as- I think common sense would cause us 10 SS–27 Topol M missiles with a sin- sessment of need; rather, it is a relic of to pause and wonder whether or not we gle warhead at 550 kiloton yield. the cold war. As the former commander are keeping a level of weapons beyond This is obviously an impressive force. of STRATCOM, Gen. Eugene Habiger, what is necessary. Any one of these weapons could dev- has said, ‘‘The cold war was a unique The purpose of this description is to astate an American city or cities. But war. And when the war ended, the loser give my colleagues a sense of this force the Russians are finding that many of really didn’t lose. We still had this and what this force could do if brought these missiles are nearing the end of massive military might on both sides to bear by order of our Commander in the service-lives. And budgetary con- staring each other in the face.’’ Chief. I think it is fair for the Amer- straints have slowed the pace of acqui- As I have described the accuracy, di- ican people to ask, first, what is the sition of their latest land-based mis- versity, and power of our nuclear arse- purpose of this force. According to the sile, the Topol M, to the point at which nal, I find it difficult to argue that the 2000 edition of the Secretary of De- they are having trouble maintaining men and women at STRATCOM will be fense’s Annual Report to the President the numbers of weapons that will be al- able to accomplish their objective of and to Congress: lowed under the START treaties. deterring attack with far fewer weap- Nuclear forces remain a critical element of The collapse of the Russian economy, ons. I don’t know what the magic num- the U.S. policy of deterrence. and the resulting strain on the Russian ber is for minimum deterrence, but Simply put, the United States main- military budget, has also had disas- given our cooperative relationship with tains its nuclear arsenal to guard trous consequences for the Russian Russia, given the fact Russia is about against an attack from any potential Navy. Russia now has less than 30 oper- to hold its third democratic election weapons of mass destruction threat. I ational nuclear-armed submarines. In for President, and given our conven- think it is important for us as well to fact, the slow op tempo of Russian sub- tional and intelligence capabilities, I examine these potential threats and marines has meant that at certain am confident we can deter any aggres- ask if our current nuclear forces are times none of these boats are at sea. sor with less than 6,000, or 3,500, or structured to adequately address them. Regardless, reports indicate these subs even 2,000 warheads. It is time we begin As I see it, there are three main maintain almost 350 nuclear delivery the process to come up with a realistic sources of threat for which we must vehicles with more than 1,500 available estimate of our deterrence needs. maintain a nuclear deterrent. The first warheads. As long as nuclear weapons remain a is the threat from rogue nations like The Russian Air Force has also suf- reality in this world, the men and Iraq, Iran, and North Korea. While the fered. At the end of 1998, Russia had women at STRATCOM will have a job United States must remain vigilant in about 70 strategic bombers, but not all to do in defending our Nation. Their the effort to confront the weapons of of these were operational. Estimates contribution to our safety cannot be mass destruction programs of these na- are Russian strategic bombers have underestimated. But just as they have tions, there is no evidence that any of about 800 warheads on both nuclear a responsibility, we have a responsi- these countries currently possess nu- bombs and air launched cruise missiles. bility to act in a way that will decrease clear weapons. Furthermore, it would Mr. President, the overall picture of the danger of nuclear weapons and in- be hard to justify the expenditure of the Russian arsenal force is that it is crease the safety and security of the approximately $25 billion a year to deadly, but it is decaying as well at an American people. maintain an arsenal of over 6,000 war- extremely rapid rate. Russian generals Mr. President, I yield the floor. heads to defend against the threat have said that they see a time in the f posed by rogue nations. near future when the Russian strategic If not rogue nations, what about arsenal will be measured not in thou- NOMINATION OF JUDGE FUENTES China? While the threat from China sands but in hundreds of weapons. It is Mrs. FEINSTEIN. Mr. President, I has gotten a lot of attention lately, this decay in the Russian arsenal did not have the opportunity to vote on press accounts indicate the Chinese which I believe poses the greatest rollcall vote No. 34, the nomination of have no more than 20 land-based nu- threat to the United States and should Julio M. Fuentes to be U.S. circuit clear missiles capable of reaching the encourage us to do more to find ways judge, for the third circuit. Judge United States. Also according to the in which to achieve significant parallel Fuentes is a very highly regarded media, Chinese nuclear weapons are nuclear reductions. judge, and had I been present on the not kept on continual alert. Rather, Some will argue that we have in the floor, I would have voted ‘‘yea.’’ nuclear warheads and liquid fuel tanks process already a way to achieve those f are stored separate from their missiles. reductions and it is called START. Yet It would take time for the Chinese to even if START II is ratified by the Rus- INTERNATIONAL WOMEN’S DAY fuel, arm, and launch these weapons. sian Duma, the United States and Rus- Mr. FEINGOLD. Mr. President, I rise Now, just one of these weapons would sia would still have 3,500 nuclear war- today to join a number of our col- cause immense pain and devastation, heads on each side at the end of 2007. leagues in marking the 25th annual ob- but the likelihood of their use, acci- We can’t afford to wait over 7 years to servance of International Women’s dental or intentional, is low. Once make reductions that leave the Rus- Day. again, the maintenance of over 6,000 sians with still more weapons than Today, March 8, 2000, is a day on warheads is hardly justified by China’s they can control. which people around the world will cel- 20 missiles. In response, some argue not to worry, ebrate the myriad contributions and The only other threat that can jus- START II is going to be quickly fol- accomplishments of women. tify our nuclear force levels is the Rus- lowed by START III. In discussions Women in the United States and sian nuclear arsenal. But what is the with the Russians on a possible START around the world have made tremen- current state of the Russian nuclear III treaty, the United States has told dous progress toward full equality arsenal? Russia that we are not willing to go since this observance was initiated by The Russian military relies on the below the 2,000- to 2,500-warhead the United Nations in 1975, the Inter- same triad of delivery systems as we threshold. This number is based on a national Year of the Woman. March 8, 2000 CONGRESSIONAL RECORD — SENATE S1305 Sadly, that progress has been tem- necessary to heal the wounds left by In 1988, I convened field hearings on pered by the continued prevalence—and the ethnic violence in that country. CEDAW in Massachusetts to highlight in some places the troubling accept- While in Uganda, I had the oppor- the importance of this treaty to Amer- ance and even encouragement—of gen- tunity to meet with female legislators ican women. In the years that followed, der-based discrimination, harassment, and the Minister of Ethics and Integ- I was pleased to support the efforts of and violence. rity, who happens to be female. Africa former Senator Claiborne Pell, then- No one disputes that women in the can only benefit from the women who chairman of the Foreign Relations United States have come a long way in are taking an active role in governing. Committee, to develop a resolution of the quarter century since the first Women’s voices also need to be heard ratification of CEDAW. In 1994, thanks International Women’s Day was ob- in ongoing peace negotiations around to Senator Pell’s leadership, the For- served. Women are making significant the globe. For example, it is crucial eign Relations Committee voted 13 to 5 contributions at every level of our soci- that women be included in the inter- to report the Convention favorably ety and in every level of government, Congolese dialogue, and that they be with a resolution of ratification to the from local school boards to the Presi- allowed to participate fully in Senate for its advice and consent. De- dent’s Cabinet. Rwanda’s justice system. spite support for ratification from But we must do more. Quality, af- On a more somber note, the HIV/ Members of Congress on both sides of fordable child care must be more acces- AIDS epidemic has ravaged the coun- the aisle, many state legislatures, the sible. Women should not have to choose tries of sub-Saharan Africa. This dis- Clinton administration, and from the between taking care of their children ease affects women at a significantly American public, opponents of this higher rate than men. We need to be and the job that they need to provide treaty blocked its consideration by the vigilant in preventing mother-to-child the basic necessities of food, clothing, full Senate. and shelter for their families. transmission and in promoting pro- The resolution of ratification for The glass ceiling, while perhaps a bit grams at home and abroad that edu- CEDAW could be taken up tomorrow, if cracked, still blocks the progress of cate women about reproductive choices there was the political will in the Sen- many women who work outside the and the prevention of sexually trans- ate to do so. Ratification of CEDAW home. And women who work outside of mitted diseases, including HIV. will strengthen our continuing efforts I would also like to take this oppor- the home deserve equal pay for equal to ensure that women around the world tunity, as we honor all women and work. We must do all we can to close are treated fairly and have the oppor- girls worldwide, to again call for the wage gap between women and their tunity to realize their full potential. It prompt hearings in the Senate Com- male counterparts. mittee on Foreign Relations, of which I will send a clear signal of our commit- In the United States, March is Na- ment to eliminating all forms of dis- tional Women’s History Month. This am a member, on the United Nations Convention on the Elimination of All crimination against women and it will month we celebrate the contributions Forms of Discrimination Against underscore the importance we assign to of women such as Carrie Chapman Women (CEDAW). CEDAW marked its international efforts to promote the Catt, a native of Ripon, Wisconsin, who 20th anniversary last year and still has rights of women. By allowing us to par- served as the last president of the Na- not been ratified by one of its chief ar- ticipate in the UN Committee on the tional American Women Suffrage Asso- chitects—the United States. The Sen- Elimination of Discrimination Against ciation, and was the founder and first ate should fulfill its constitutional re- Women, ratification will give us a big- president of the National League of sponsibility to offer its advice and con- ger voice in shaping international poli- Women Voters. Her influence on the di- sent on this treaty. cies that affect women. rection and success of the suffrage Mr. President, as the father of two Our failure to ratify has encouraged movement is legendary, and her legacy daughters, I believe we must do all we criticism from allies who cannot un- in grassroots organizing is equally sig- can to improve the status of women in derstand our refusal to uphold rights nificant. She led a tireless lobbying the United States and around the that are already found within the pro- campaign in Congress, sent letters and world. Respect for basic human visions of our own Constitution. It has telegrams, and eventually met directly rights—regardless of gender, race, eth- put us in the same category with a with the President—using all the tools nicity, religion, national origin, or sex- small and very undistinguished minor- of direct action with which political or- ual orientation—is a fundamental ity of countries who have not ratified ganizers are now so familiar today. value that we must pass on to our chil- CEDAW, including Afghanistan, North Catt’s crusade for suffrage saw a dren and grandchildren. Korea, Iran and Sudan. It is difficult home front victory on June 10, 1919, Thank you, Mr. President. I yield the for the United States to criticize the when Wisconsin became the first state floor. terrible treatment of women in these to deliver ratification of the constitu- Mr. KERRY. Mr. President, in honor and other nations when we have not tional amendment granting women the of International Women’s Day, I re- yet recognized those rights as inter- right to vote before it was adopted as spectfully call upon my friend, the national legal standards. the Nineteenth Amendment in August Chairman of the Senate Foreign Rela- CEDAW is an important human of 1920. tions Committee, to hold hearings on rights document that is largely con- Carrie Chapman Catt’s legacy is alive an international treaty to fight dis- sistent with the existing state and fed- and well today as women around the crimination against women around the eral laws of the United States. Senate globe become more active in their com- world. advice and consent to this Convention munities and in the political process. The Convention on the Elimination will demonstrate U.S. leadership in the As Ranking Member of the Sub- of All Forms of Discrimination Against fight for women around the world. committee on African Affairs of the Women (CEDAW) was adopted by the Mrs. FEINSTEIN. Mr. President, Committee on Foreign Relations, I had United Nations in 1979 and signed by today is a very special day for millions the opportunity late last year to travel President Carter in 1980. It is a com- of women around the world. Today is a to ten African nations. During my trip, prehensive and detailed international day that celebrates the promise of a I saw first-hand the important role agreement to promote the equality of better future. Today is a day that of- that women play in every aspect of so- women and men. It legally defines dis- fers the hope that injustices inflicted ciety in sub-Saharan Africa. crimination against women for the on too many women in too many soci- In Rwanda, I was struck by the gen- first time and establishes rights for eties will disappear from the earth for- erosity and far-sightedness of a woman women in areas not previously covered ever. Today, March 8, 2000, is Inter- I met just outside the capital city of by international law. More than 160 national Women’s Day Kigali. She had donated land to refu- countries have ratified CEDAW, includ- I rise today to recognize this day’s gees from different ethnic backgrounds ing all of our European allies and most importance to the women of today and and was helping them to build a new, of our important trading partners. It is to the generations of women to come. I integrated community on that prop- well past high-time that the United rise to cry shame for our failures in erty. It is this kind of selfless act that States Senate take up and ratify this fulfilling this day’s promise. And, I rise will help to build the bridges that are important international agreement. to direct our attention to three critical S1306 CONGRESSIONAL RECORD — SENATE March 8, 2000 issues: the Convention on the Elimi- China, the People’s Republic of Laos, eign countries. House leaders insisted nation of All Forms of Discrimination Iraq—have either signed or agreed in on these provisions in exchange for ac- Against Women, CEDAW, international principle. In our failure to ratify ceptance of arrear payments to the family planning, and the international CEDAW, we now keep company with a United Nations. trafficking of women and girls. These select few—Iran, North Korea, Sudan I was disappointed that the bill in- are issues in which the United States, and Afghanistan among them. Remem- cluded this language. I voted in favor and especially this body, are honor- ber, as the old saying goes, we are of the legislation because I thought it bound to spare no effort in leading the judged by the company we keep. Is this critical that we pay our back dues to international community to improve how we want to be known when it the United Nations, and because it con- the status of women around the world. comes to defending the human rights of tained a provision granting Presi- In 1948, the United Nations dramati- those unable to defend themselves? dential authority—which President cally focused world attention on the In failing to sign on to this Conven- Clinton later exercised—to waive the international human rights agenda tion, we risk losing our moral right to restrictions through the end of Fiscal when it adopted the Universal Declara- lead on human rights. By ratifying Year 2000. I am pleased the President tion of Human Rights. This historic CEDAW, we will demonstrate our com- took this action and that he announced event aimed at increasing public mitment to promoting equality and to that he would oppose any attempt to awareness of the need to better the protecting women’s rights throughout renew the ‘‘Mexico City’’ restrictions human condition in many places the world. By ratifying CEDAW, we when they expire on September 30, 2000. throughout the globe. The Universal will send a strong message to the inter- International family planning pro- Declaration of Human Rights rep- national community that the U.S. un- grams have experienced significant resented a milestone in human history. derstands the challenges faced by dis- cuts in funding in recent years. Presi- Regrettably, it glossed over the needs crimination against women, and we dent Clinton’s foreign aid budget for of over half the world’s population— will not abide by it. By ratifying Fiscal Year 2001 calls for $542 million women. CEDAW, we reestablish our credentials for international family planning pro- Women’s rights remained unrecog- as a leader on human rights and wom- grams, restoring funding to Fiscal Year nized as a legitimate concern until the en’s rights. 1995 levels. Convention to Eliminate all Forms of Today, as we commemorate Inter- Today, as we mark International Discrimination Against Women, national Women’s Day, I call on my Women’s Day, I urge my colleagues to CEDAW, was drafted to redress this colleagues in the Senate to move for- recommit themselves to U.S. leader- oversight. CEDAW organized all exist- ward and ratify CEDAW. ship in international family planning ing international standards regarding The second issue I would like to and support the President’s request. discrimination on the basis of gender, touch on today is one which has seen Lastly, I would like to focus atten- and established rights for women in much congressional attention in recent tion on a vicious, and growing problem areas not previously subject to inter- years: U.S. support for international for women the world over—forced or national standards. The United States family planning and reproductive coerced trafficking of girls and women actively participated in drafting of the health. for the purpose of sexual exploitation. Convention; President Carter signed it The world now has more than 6 bil- This is a rapidly growing, highly lu- on July 17, 1980. lion people. The United Nations esti- crative international business. The Then the U.S. did nothing. For four- mates this figure could be 12 billion by United Nations estimates that every teen years, the United States scruti- the year 2050. Almost all of this growth year millions of women fall victims to nized CEDAW with an intense scrutiny will occur in the places least able to this international trafficking in human normally reserved for judging the mer- bear up under the pressures of massive life. Criminal organizations make an its of a technically demanding inter- population increases. The brunt will be estimated $7 billion a year on the traf- national agreement, not a document in developing countries lacking the re- ficking and prostitution of approxi- seeking to establish the fundamental sources needed to provide basic health mately 4 million women and girls. human rights of over half the world’s or education services. If women are to They do some by preying on the fears population. CEDAW was not sent to the be able to better their own lives and and economic insecurity created by the Senate until September, 1994. the lives of their families, they must grinding poverty, rising unemployment In 1994, the Foreign Relations Com- have access to the educational and and disintegrating social networks mittee recommended by bipartisan medical resources needed to control common to many poorer societies, vote that CEDAW be approved with their reproductive destinies and their today. qualifications, but acted too late in the health. The traffickers target women from session for the Convention to be con- International family planning pro- Eastern Europe and East Asia, women sidered by the full Senate. grams reduce poverty, improve health who agree to work as waitresses, mod- Now, almost six years later, the Con- and raise living standards around the els or dancers in the industrialized vention continues to languish in the world; they enhance the ability of cou- world to escape the grip of poverty in Senate, locked up in the Committee on ples and individuals to determine the their native lands. But, once they ar- Foreign Relations. A bi-partisan group number and spacing of their children. rive, their passports are seized, they of women Senators, among whom I am Under the leadership of both Demo- are beaten, held captive and forced into proud to be counted, has sponsored cratic and Republican Presidents, and prostitution. Traffickers and pimps Senate Resolution 237 which expresses under Congresses controlled by Demo- hold these women in bondage, forcing the sense of the Senate that the Senate crats and Republicans alike, the United them to work uncompensated as repay- Foreign Relations Committee should States has established a long and dis- ment for exaggerated room, board, and hold hearings on CEDAW and that the tinguished record of world leadership travel expenses. full Senate should act on CEDAW by on international family planning and These victims have little or no legal March 8, 2000. reproductive health issues. protection; they travel on falsified doc- Today is March 8, 2000. The date has Unfortunately, in recent years these uments or enter by means of inappro- come, and will go, and this body has programs have come under increasing priate visas provided by traffickers. yet to take substantive action on partisan attack, despite the fact that When and if discovered by the police, CEDAW, even though this Convention no U.S. international family planning these women are usually treated as il- contains no provisions in conflict with funds are spent on international abor- legal aliens and deported. Even worse, American law. tion. laws against traffickers who engage in The Convention has been ratified by The Fiscal Year 2000 omnibus appro- forced prostitution, rape, kidnaping, 161 countries. Of the world’s democ- priations bill contained ‘‘Mexico City’’ and assault and battery are rarely en- racies, only the United States has yet restrictions that prohibit U.S. grants forced. The women will not testify to ratify this fundamental document. to private foreign non-governmental against traffickers out of fear of ret- Indeed, even countries we regularly organizations that perform abortions ribution, the threat of deportation, and censure for human rights abuses— or lobby to change abortion laws in for- humiliation for their actions. March 8, 2000 CONGRESSIONAL RECORD — SENATE S1307 We, as a nation, cannot sit idly and Law Review. Upon graduation, he came BUDGET SCOREKEEPING REPORT allow this vicious exploitation of to Hawaii to begin his career. He has Mr. DOMENICI. Mr. President, I women to continue unchecked. We spent his legal career in private litiga- hereby submit to the Senate the budg- must effectively enforce current laws tion practice, doing both plaintiff and et scorekeeping report prepared by the and implement new laws to protect vic- defense representation, for more than Congressional Budget Office under Sec- tims and prosecute traffickers. I am 31 years. He has served the Circuit tion 308(b) and in aid of Section 311 of proud to be a co-sponsor of Senator Courts of the State of Hawaii as a the Congressional Budget Act of 1974, WELLSTONE’s International Trafficking court-appointed Special Master in Pro- as amended. This report meets the re- of Women and Children Victim Protec- bate, Guardianship, and Family Court quirements of Senate scorekeeping of tion of 1999 which provides more infor- Proceedings, as a Special Master for Section 5 of S. Con. Res. 32, the First mation on trafficking and toughens Discovery Rulings in civil cases, and as Concurrent Resolution on the Budget law dealing with the illegal trade of a Mediator. Mr. Duffy has also served for 1986. women. in leadership roles in legal organiza- This report shows the effects of con- I urge all of my colleagues to support tions, educational organizations, and gressional action on the budget this vital piece of legislation. even as a judge in the Hawaii High through March 6, 2000. The estimates of The issues I have laid before you School Rodeo Association. In his spare budget authority, outlays, and reve- today are not just women’s issues, they time, he and his wife, Jeanne, breed nues are consistent with the technical are humanity’s issues. As First Lady and sell quarter horses and Brahma and economic assumptions of the 2000 Hillary Clinton has said, ‘Women’s cattle. Mr. Duffy is a vital part of the Concurrent Resolution on the Budget rights are human rights and human Hawaii legal and civic community. (H. Con. Res. 68). The budget resolution rights are women’s rights.’ They merit Jim Duffy was nominated by the figures incorporate revisions submitted attention throughout the year, not just President for a position on the Ninth to the Senate to reflect funding for on one day. Circuit Court of Appeals on June 17, emergency requirements, disability re- We must debate and ratify the Con- 1999. I have been advised that the views, adoption assistance, the earned vention on the Elimination of All American Bar Association has finished income tax credit initiative, and ar- Forms of Discrimination Against reviewing his credentials. Mr. Duffy rearages for international organiza- Women. We must rededicate ourselves was unanimously given the ABA’s tions, peacekeeping, and multilateral and our resources to international fam- highest grade of ‘‘well-qualified.’’ The banks. ily planning programs. And we must Board of Directors of the Hawaii State The estimates show that current enact tough anti-trafficking legisla- Bar Association also unanimously re- level spending is above the budget reso- tion. ported that Mr. Duffy was well-quali- lution by $10.3 billion in budget author- f fied. In fact, in a letter to the Chair- ity and below the budget resolution by person of the ABA’s Standing Com- $2.3 billion in outlays. Current level is NOMINATION OF JAMES DUFFY TO mittee on the Federal Judiciary, the $17.8 billion above the revenue floor in THE NINTH CIRCUIT COURT OF HSBA President wrote, ‘‘[f]or what it’s 2000. The current estimate of the def- APPEALS worth, my Board expressed dismay icit for purposes of calculating the Mr. INOUYE. Mr. President, I am that there wasn’t a category called ‘the maximum deficit amount is $20.6 bil- fully aware that this is a busy year, the very best.’ We consider Jim to be the lion, which is $5.7 billion below the year we elect a new President. I also best of the best.’’ maximum deficit amount for 2000 of realize that one-third of our colleagues Both Democrats and Republicans in $26.3 billion. will be up for reelection or will be in- my state, regard Jim Duffy as one of Since my last report, dated February volved in the election for the seat from Hawaii’s best lawyers. I do hope the 1, 2000, the Congress has cleared for the which they are retiring. As a result, all Judiciary Committee will give Mr. President’s signature the Omnibus of us are striving to close this shop as Duffy a hearing and expedite the con- Parks Technical Corrections Act of soon as possible and go home. However, sideration of his nomination. This will 1999 (H.R. 149). This action has changed we do have important unfinished busi- provide its members the opportunity to the current level of budget authority ness with the Judiciary. meet him and review his credentials and outlays. The Judiciary is the critical third and skills. I am convinced the members U.S. CONGRESS, branch of our government. Just as it is will be impressed by him. I am equally CONGRESSIONAL BUDGET OFFICE, important that we hold an election this convinced that Mr. Duffy will be a good Washington, DC, March 7, 2000. Hon. PETE V. DOMENICI, year, it is important that we fill the judge. vacancies in our court system. I can Chairman, Committee on the Budget, f U.S. Senate, Washington, DC. not speak of vacancies in other dis- THE PRESIDENT’S VISIT TO DEAR MR. CHAIRMAN: The enclosed report tricts or other circuits, but I believe I for fiscal year 2000 shows the effects of Con- can speak of vacancies in the Ninth PAKISTAN gressional action on the 2000 budget and is Circuit. Hawaii is part of the Ninth Mr. JOHNSON. Mr. President, I am current through March 6, 2000. This report is Circuit. Since the retirement of Judge pleased that President Clinton an- submitted under section 308(b) and in aid of Choy in 1984, Hawaii has not been rep- nounced yesterday his decision to visit section 311 of the Congressional Budget Act, resented on that bench by a full-time Pakistan during his upcoming trip to as amended. The estimates of budget author- ity, outlays, and revenues are consistent Circuit Judge. The law of the United South Asia. During my recent visit to with the technical and economic assump- States requires that at least one mem- Pakistan, I met at length with General tions of H. Con. Res. 68, the Concurrent Reso- ber of the bench of each state be rep- Musharraf and discussed a number of lution on the Budget for Fiscal Year 2000. resented on the Circuit Court, that critically important issues including The budget resolution figures incorporate re- there be a judge from Hawaii on the the prompt restoration of democracy in visions submitted to the Senate to reflect Ninth Circuit. Pakistan, nuclear arms restraint by funding for emergency requirements, dis- The Hawaii delegation has submitted both India and Pakistan, and the need ability reviews, adoption assistance, the the name of James Duffy. I have no to fight global terrorism. The Presi- earned income tax credit initiative, and ar- rearages for international organizations, idea whether Mr. Duffy is a Democrat dent’s upcoming trip will provide an peacekeeping, and multilateral banks. These or Republican. I have not asked him. opportunity to continue this dialogue revisions are required by section 314 of the However, his reputation as a skilled with both Pakistan and India in a man- Congressional Budget Act, as amended. lawyer is well-established in our is- ner that can, hopefully, bring lasting Since my last report, dated January 27, lands. Mr. Duffy was born and raised in peace and economic stability to the re- 2000, the Congress has cleared for the Presi- Saint Paul, Minnesota. He earned a gion. The fact that both Pakistan and dent’s signature the Omnibus Parks Tech- Bachelor of Arts degree from the Col- India have nuclear weapons makes it nical Corrections Act of 1999 (H.R. 149). This action has changed the current level of budg- lege of Saint Thomas and earned his imperative for the United States to fa- et authority and outlays. Juris Doctorate from Marquette Uni- cilitate a resolution of a major prob- Sincerely, versity Law School in 1968 where he lem in South Asia—the Kashmir dis- BARRY B. ANDERSON served on the Board of Editors of the pute. (For Dan L. Crippen, Director). S1308 CONGRESSIONAL RECORD — SENATE March 8, 2000 Enclosures. the Senate today. Twenty years ago, other day. Winifred is this year’s re- when Senator MIKULSKI was in the cipient of the Girl Scout Gold Award. TABLE 1.—FISCAL YEAR 2000 SENATE CURRENT LEVEL House, she and another one of my nota- Winifred’s future is as bright as her REPORT, AS OF CLOSE OF BUSINESS, MARCH 6, 2000 ble colleagues, Senator ORRIN HATCH, Gold Award. [In billions of dollars] co-sponsored the first Joint Congres- Despite opposition, many of us in this Congress are fighting to ensure Current sional Resolution declaring National Budget res- Current level over/ Women’s History Week, now a month fair pay for women and close the wage olution level 1 under reso- gap. We are working to open the doors lution long celebration acknowledging the ac- complishments of women. I applaud my of college to all Americans by pro- ON-BUDGET colleagues for their leadership in bring- viding quality education at the ele- Budget Authority ...... 1,455.0 1,465.2 10.3 mentary and secondary level and col- Outlays ...... 1,434.4 1,432.2 ¥2.3 ing forth this important celebration of Revenues: women. lege tuition assistance to make higher 2000 ...... 1,393.7 1,411.5 17.8 education more affordable. We are 2000–2009 ...... 16,139.1 16,914.0 774.9 This year’s national theme is ‘‘An Deficit b2 ...... 26.3 20.6 ¥5.7 Extraordinary Century for Women— working to improve our nation’s health Debt Subject to Limit ...... 5,628.4 5,686.9 58.5 Now, Imagine the Future!’’ Given the by bringing the issues of affordable pre- OFF-BUDGET extraordinary accomplishments of scription drugs and a Patient’s Bill of Social Security Outlays: women this last century and the bright Rights to the forefront. 2000 ...... 327.3 327.2 (3) Although Winifred’s future is bright, 2000–2009 ...... 3,866.9 3,866.6 ¥0.3 future of women in this new millen- Social Security Revenues: nium, a more appropriate theme for the lives of many of our children re- 2000 ...... 468.0 467.8 ¥0.2 main in jeopardy until we pass tougher 2000–2009 ...... 5,681.9 5,681.8 ¥0.1 this month’s celebration of women gun laws. Last week, six year old Kayla 1 Current level is the estimated revenue and direct spending effects of all could not have been chosen. legislation that the Congress has enacted or sent to the President for his This month, we pay tribute to the Rolland was tragically shot to death by approval. In addition, full-year funding estimates under current law are in- her fellow kindergarten classmate with cluded for entitlement and mandatory programs requiring annual appropria- founders of the first Women’s Rights tions even if the appropriations have not been made. The current level of Convention 150 years ago. Elizabeth a stolen gun. Kayla never had an op- debt subject to limit reflects the latest information from the U.S. Treasury. portunity to become a Girl Scout. She 2 Section 314 of the Congressional Budget Act of 1974, as amended, re- Cady Stanton, Lucretia Mott, and quires the deficit in the budget resolution to be changed to reflect increases Susan B. Anthony were visionaries who died senselessly because another six in outlays as the result of funding for specific actions (emergency require- championed women’s rights. We also year old child was able to gain access ments, disability reviews, adoption assistance, the earned income tax credit to an illegal firearm. How many more initiative, and arrearages for international organizations, peacekeeping, and celebrate the historic achievements of multilateral banks). Sec. 211 of the Concurrent Resolution on the Budget for Amelia Earhart, Ida B. Wells, Eleanor of our children must die before we, as a Fiscal Year 2000 (H. Con. Res. 68) allows for a decrease in revenues by an Congress, band together on a bipar- amount equal to the on-budget surplus on July 1, 1999, as estimated by Roosevelt, Jacqueline Kennedy, Sally CBO, but does not allow an equal adjustment to the deficit. Therefore, the Ride, and other legendaries who rede- tisan basis to pass comprehensive gun deficit number for the budget resolution shown above reflects only the outlay legislation? increases made to the budget resolution between May 19, 1999, and Novem- fined the role of women and are role In this month of March, let us not ber 1, 1999. models, not only for today’s young 3 Less than $50 million. only pay tribute to those women who women, but for all. Source: Congressional Budget Office. have pioneered and inspired all of us, My home state of Illinois is filled let us remember the young lives we TABLE 2.—SUPPORTING DETAIL FOR THE FISCAL YEAR with such legendary women. Jane Ad- have failed to protect by failing to pass 2000 ON-BUDGET SENATE CURRENT LEVEL REPORT, AS dams was a socially conscious commu- commonsense gun control legislation. OF CLOSE OF BUSINESS, MARCH 6, 2000 nity leader who founded Hull House, a Let us also remember, their mothers, neighborhood center for immigrants in [In millions of dollars] teachers, neighbors and friends, who Chicago and was awarded the Nobel helped shape these young lives but will Budget au- Outlays Revenues Peace Prize in 1931. Minnie Saltzman- thority never know the full potential of their Stevens was an internationally known joyous labor. And let us also remember ENACTED IN PREVIOUS Wagnerian soprano who received her SESSIONS our own mothers, sisters, and aunts Revenues ...... 1,411,523 first voice training from the O.R. Skin- who, although unknown to most, con- Permanents and other spend- ner Music School in Illinois. Content ing legislation ...... 913,627 875,350 ...... tinue to shape our lives and our na- Appropriation legislation ...... 839,675 846,651 ...... Johnson was an artist who gained con- tion’s future. Offsetting receipts ...... ¥296,430 ¥296,430 ...... siderable reputation as a portrait and f Total, enacted in pre- still life painter in oils. Elizabeth Irons vious sessions ...... 1,456,872 1,425,571 1,411,523 Folsom was an author and winner of CONVENTION TO ELIMINATE ALL Passed pending signature: the 1923 O’Henry Prize for short stories. FORMS OF DISCRIMINATION Omnibus Parks Technical Margaret Illington, born Maud Light, AGAINST WOMEN Corrections Act of 1999 (H.R. 149) ...... 7 3 ...... was a renowned actress who so loved Mr. KENNEDY. Mr. President, I com- Entitlements and mandatories: Bloomington, Illinois, that she changed Adjustments to appropriated mend my colleague, Senator BOXER, for mandatories to reflect base- her name to Illington, forever bearing bringing this important treaty before line estimates ...... 8,362 6,580 ...... the proof of her love. These women Total Current Level ...... 1,465,241 1,432,154 1,411,523 the Senate. I am proud to be a sponsor Total Budget Resolution ...... 1,454,952 1,434,420 1,393,684 paved the way for today’s talented fe- of Senate Resolution 237, which ex- Current Level Over Budget male Illinoisans. Resolution ...... 10,289 ...... 17,839 presses the sense of the Senate that Current Level Under Budget Today’s prominent Illinoisans in- hearings should be held by the Foreign Resolution ...... 2,266 ...... clude my friend and former colleague Relations Committee on the Conven- MEMORANDUM Carol Moseley-Braun, the first African tion to Eliminate All Forms of Dis- Emergency designations ...... 31,309 27,279 ...... American elected to the Senate and crimination Against Women. Source: Congressional Budget Office. now the US Ambassador to New Zea- The treaty establishes international f land; Karen Nussbaum, Director of the standards and definitions to protect Women’s Bureau in the US Department women against discrimination. The NATIONAL WOMEN’S HISTORY of Labor; Marlee Matlin, the only hear- treaty also calls for action in the areas MONTH ing impaired person ever to win an of education, health care, and domestic Mr. DURBIN. Mr. President, today, Academy Award for Best Actress; Hil- relations, and creates a process to as we celebrate National Women’s His- lary Rodham Clinton, American first monitor the status of women and their tory Month, I rise to pay tribute to the lady, attorney, and leader on education progress toward equity. The standards extraordinary women, past and and children’s issues; and Caribel are fully consistent with existing U.S. present, who have broken down bar- Washington, an 86 year old civil rights protections against discrimination. In riers and continue to shape our na- activist who continues to use her countries that do not have such protec- tion’s future. strength and fortitude to inspire all tions, this treaty is an effective tool to First, I would like to thank my dis- people. combat violence against women, re- tinguished colleague, Senator BARBARA The struggles and triumphs of these form unfair inheritance and property MIKULSKI, who herself has succeeded in women will guide those who follow. rights, and strengthen women’s access redefining the role of women in politics One such follower is Winifred Alves, to fair employment and economic op- by becoming the most senior woman in who I had the pleasure of meeting the portunity. March 8, 2000 CONGRESSIONAL RECORD — SENATE S1309 165 countries have not ratified the helping seniors. They also have many portrayal of the struggle of African- treaty. As the country that consist- programs designed to help people with Americans throughout history, espe- ently leads the way in the battle for special needs such as AIDS counseling cially the experiences of black women human rights and human dignity, and and care management, and alcohol and in the American South, has earned her that took an active role in drafting the substance abuse programs. praise around the world. Ms. Walker’s treaty, it is past time for the United Over the past 150 years, Jewish Fam- insightful and riveting portraits of States to ratify it as well. ily and Children’s Services has im- poor, rural life display human re- U.S. support for women’s equality at proved the quality of life for thousands sourcefulness, strength and endurance home and abroad requires that we of people. Please join me in honoring in confronting oppression. promptly consider and ratify this trea- this outstanding organization. ∑ Alice Walker was born on February 9, ty. I urge the Senate to pass this reso- f 1944, in Eatonton, Georgia, the eighth lution and to do all we can to expedite TRIBUTE TO WOMENS RURAL and last child of Willie Lee and Minnie the ratification of this important trea- ENTREPRENEURIAL NETWORK Lou Grant Walker, who were share- ty. To move our country in that direc- ∑ Mr. SMITH of New Hampshire. Mr. croppers. When she was eight years old, tion, the Foreign Relations Committee President, I rise today to honor the she lost sight in one eye during an ac- should hold a hearing. Womens Rural Entrepreneurial Net- cident with one of her brothers’ BB f work (WREN) of Bethlehem for receiv- guns. This incident proved to be a turn- ing the Home Loan Bank of Boston’s ing point in Walker’s life. Walker has THE VERY BAD DEBT BOXSCORE 1999 Community Development Award. said that it was from this point that Mr. HELMS. Mr. President, at the The award recognizes the top project in she ‘‘really began to see people and close of business yesterday, Tuesday, the state undertaken by a nonprofit things, really to notice relationships March 7, 2000, the Federal debt stood at community group and a local bank. and to learn to be patient enough to $5,747,932,431,376.73 (Five trillion, seven WREN’s hard work has made a real dif- see how they turned out * * *’’ hundred forty-seven billion, nine hun- ference in the lives of the women of In high school, Alice Walker was val- dred thirty-two million, four hundred Northern New Hampshire, and the ac- edictorian of her class. That achieve- thirty-one thousand, three hundred complishments of its members are to ment, coupled with a ‘‘rehabilitation seventy-six dollars and seventy-three be commended. scholarship,’’ made it possible for her cents). With the assistance of Passumpsic to go to Spelman College, a histori- Five years ago, March 7, 1995, the Bank, WREN developed a program to cally black women’s college in Atlanta, Federal debt stood at $4,851,012,000,000 help women in Northern New Hamp- Georgia. After spending two years at (Four trillion, eight hundred fifty-one shire start their own businesses. The Spelman, she transferred to Sarah billion, twelve million). program initially offered training in Lawrence College in New York, trav- Ten years ago, March 7, 1990, the Fed- areas such as business plan develop- eral debt stood at $3,027,086,000,000 eling to Africa as an exchange student ment, marketing, financial manage- during her junior year. She received (Three trillion, twenty-seven billion, ment and computer literacy, but quick- eighty-six million). her bachelor of arts degree from Sarah ly expanded to include other crucial Lawrence College in 1965. Fifteen years ago, March 7, 1985, the skills such as networking and tech- Federal debt stood at $1,708,698,000,000 nology training. As a result of the suc- After graduation, Alice Walker spent (One trillion, seven hundred eight bil- cess of those programs, WREN is cur- the summer in Liberty County, Geor- lion, six hundred ninety-eight million). rently developing a community center gia where she helped to draw attention Twenty-five years ago, March 7, 1975, that will house a retail store to sell the to the plight of poor people in South the Federal debt stood at products of the program’s participants, Georgia. She went door to door reg- $499,218,000,000 (Four hundred ninety- a community art studio and an ex- istering voters in the African-Amer- nine billion, two hundred eighteen mil- panded meeting and teaching space. ican community. Her work with the lion) which reflects a debt increase of The sky is the limit for this program, neediest citizens in the state helped more than $5 trillion— and its future certainly looks bright. her to see the debilitating impact of $5,248,714,431,376.73 (Five trillion, two The achievements of the program are poverty on the relationships between hundred forty-eight billion, seven hun- remarkable, and they serve as a shin- men and women in the community. She dred fourteen million, four hundred ing example of what can be accom- moved to New York City shortly there- thirty-one thousand, three hundred plished when local banks and commu- after where she worked for the city’s seventy-six dollars and seventy-three nity-oriented groups work together. It welfare department. It was then that cents) during the past 25 years. is truly an honor to serve such a hard- she was awarded her first writing grant f working organization in the United in 1966. ADDITIONAL STATEMENTS States Senate.∑ Ms. Walker had originally wanted to f go to Africa to write, but decided RECOGNIZING THE IMPORTANCE WOMEN’S HISTORY MONTH: against it and instead traveled to TO THE COMMUNITY OF JEWISH TRIBUTE TO ALICE WALKER Tougaloo, Mississippi. It was there where she met her future husband, civil FAMILY AND CHILDREN’S SERV- ∑ Mr. CLELAND. Mr. President, 20 ICES ON THEIR 150TH ANNIVER- rights attorney Melvyn Leventhal. He years ago, my friends and colleagues was supportive of her writing and ad- SARY Senator BARBARA MIKULSKI of Mary- mired her love for nature. They mar- land and Senator ORRIN HATCH from ∑ Mrs. FEINSTEIN. Mr. President, I ried in 1967 and became the first legally Utah joined to create a National Wom- rise today to recognize the great serv- married interracial couple in the state en’s History Week. Since that time, the ice that Jewish Family and Children’s of Mississippi. While her husband commemoration has expanded into an Services has provided the people of San fought school desegregation in the entire month of celebration and rec- Francisco and the Bay Area for 150 courts, Alice worked as a history con- years. ognition of the many contributions and sultant for the Friends of the Children, Since its founding in 1850, Jewish accomplishments of American women. Mississippi’s Head Start Program. Family and Children’s Services has I am proud to use this occasion to been dedicated to alleviating suffering highlight the many accomplishments Since there was still a great deal of and helping people realize their poten- of one of Georgia’s own, author and racial tension in the state, and because tial. It has grown into one of the re- teacher Alice Walker. her husband was working adamantly in gion’s largest social service organiza- Alice Walker has become one of the the courts to dismantle the laws bar- tions, with more than 2,100 volunteers leading voices among African-Amer- ring desegregation, animosity against helping more than 40,000 people a year. ican writers. She has published poetry, the couple was strong. While the couple Jewish Family and Children’s Serv- novels, short stories, essays, and criti- lived in Mississippi, Alice and her hus- ices provides a wide range of services cism, the most famous probably being band slept with a gun under their bed from adoption services and child men- ‘‘The Color Purple’’, for which she was at night for protection. Their only toring programs, to programs aimed at awarded the Pulitzer Prize in 1983. Her daughter, Rebecca, was born in 1969. S1310 CONGRESSIONAL RECORD — SENATE March 8, 2000 Alice Walker became active in the swer the call at the National Aero- June 1999 article from Talkers Maga- Civil Rights Movement of the 1960’s, nautics and Space Agency, which was zine and a November 29, 1999 article and remains an involved and vocal ac- deeply involved in the Cold War space from People Magazine. Her listeners tivist for many causes today. She has race. At NASA, Chet spent 23 years became an extended family, and when spoken out in support for the women’s providing instrumental leadership dur- she wasn’t well enough to continue equality movement, has been involved ing our nation’s most exciting and piv- broadcasting the entire show everyday, in South Africa’s anti-apartheid cam- otal space years. Captain Lee served as they warmly welcomed her cohost, her paign, and has worked toward global Assistant Mission Director for Apollo son, Jason Jarvis. As the only nation- nuclear arms reduction. One of her Missions 1 to 11 and then Mission Di- ally syndicated Mother/Son radio team most pronounced involvements has rector for Apollo Moon Missions 12 to in America, Judy and Jason were a been her tireless work against female 17. He was Director for the Apollo/ great team. They enjoyed each other’s genital mutilation, the gruesome prac- Soyuz space-docking mission, perhaps company and brought a wonderful mix- tice of female circumcision that re- one of the most significant precursor ture of generations and views to their mains prevalent in many African soci- events to the melting of Cold War bar- show. eties. riers between the U.S. and then-Soviet Judy Jarvis will be missed by those Among her numerous awards and Union. Captain Lee’s impressive NASA of us in this chamber who embrace talk honors for her writing are the Lillian career continued as he played an inte- radio, by all of us, Democrats and Re- Smith Award from the National En- gral role in the development, operation publicans who have been privileged to dowment for the Arts, the Rosenthal and payload management for the U.S. be regular guests on her show. She was Award from the National Institute of Space Shuttle program. a woman of intellect and humor, a Arts & Letters, a nomination for the In 1987, Chet Lee continued advanc- broadcaster who did her own research National Book Award, a Radcliffe In- ing U.S. aerospace leadership in the and never went for the cheap shot. She stitute Fellowship, a Merrill Fellow- private sector, joining SPACEHAB was opinionated and provocative, but ship, a Guggenheim Fellowship, and Inc., a company dedicated to pio- never nasty. Judy dug deep for the the Front Page Award for Best Maga- neering U.S. space commerce. He as- questions that would generate answers zine Criticism from the Newswoman’s cended to the position of President and to best inform her audience. Judy Jar- Club of New York. She has also re- Chief Operating Officer in 1996. Chet vis earned a special place in the history ceived the Townsend Prize and a was instrumental in guiding the com- of talk radio and left us with a strong Lyndhurst Prize. pany’s participation in the joint U.S.- human legacy—her husband, Wal, her In 1984, Ms. Walker started her own Russian Shuttle-Mir program, and his sons Jason and Clayton and her grand- publishing company, Wild Trees Press. tenure at SPACEHAB included 13 daughter Alexandra. She has authored more than 20 books Space Shuttle missions, including the I wouldn’t be surprised if Judy has over the years. Divorced from her hus- mission that returned Senator John not already set up interviews, up there band, she currently resides in Northern Glenn to space. Captain Lee became in Heaven. Her audience now is global California with her dog, Marley where Chairman of SPACEHAB’s Astrotech and out of this world. Judy Jarvis, you she continues to write. Her most recent commercial satellite processing sub- will be missed by those of us fortunate book, ‘‘By the Light of My Father’s sidiary in 1998 and served on and blessed enough to call you friend. Smile’’, was released in 1998. I am hon- SPACEHAB’s Board of Directors. At Mr. President, I ask that articles ored to recognize this remarkable the age of 80, Chet Lee continued to from Talkers magazine and from Peo- woman, a daughter of Georgia and work full-time on SPACEHAB and ple magazine be printed in the RECORD. mother of the fight for equality.∑ Astrotech projects up to his last days The articles follows: f here on Earth. [From Talkers Magazine, June/July 1999] Chet Lee was a tireless public serv- JUDY JARVIS—PROFILE IN COURAGE TRIBUTE TO CHESTER M. LEE ant, a devoted husband, father and (By Michael Harrison) ∑ Mr. WARNER. Mr. President, I rise grandfather and mentor to countless in HARTFORD.—Everything was rolling along today to pay tribute to a truly incred- the aerospace community. I am proud just fine for nationally syndicated talk show ible American and resident of McLean, to have had Chet as a constituent, and host Judy Jarvis. Her independently pro- Virginia for the past 35 years, who has my blessings go out to his family and duced and syndicated midday talk show passed from this world. friends during this time of mourning. I which has been on the air since April of 1993 had recently achieved what she describes as Chester M. Lee—known as ‘‘Chet’’ to ask my colleagues to pay tribute today family and friends—was born on April a ‘‘second tier breakthrough’’ and was sol- to Captain Lee’s memory and to honor idly implanted on more than 50 highly re- 6, 1919. After graduating from the U.S. him for his contributions to this great spectable affiliates across America. The Naval Academy Class of 1942, Chet Lee country.∑ longstanding live hours of noon to 3 pm ET went directly into service in World War f had just been expanded an extra couple of II. Chet was involved in a number of hours per day to re-feed several prestigious battle engagements during World War TRIBUTE TO JUDY JARVIS new stations picking up the show. Judy was II and survived a Japanese kamikaze ∑ Mr. LIEBERMAN. Mr President, I appearing as a regular guest on the cable TV attack on his ship, the USS Drexler, off rise today to pay tribute to a woman news talk channels and her commentaries the coast of Okinawa in 1945. Chet Lee who has sent her reasoned voice across were being published in important daily newspapers. She was again on the annual spent 24 years in the U.S. Navy, serving the radio airwaves of America. A TALKERS magazine heavy hundred list for his country with great honor both in strong willed and strong minded the fifth year in a row and generally admired and out of battle. Chet helped pioneer woman who is not only a friend, but throughout the industry as a talented talk the Navy’s use of ship radar, was in- I’m fortunate to say is also a con- show host on the rise. Plus, on the business strumental in development and testing stituent, Judy Jarvis. Yesterday, this side of things she had attained recognition of the POLARIS missile program, and great radio talk show host, Judy Jar- and respect as the head of a successful, fam- commanded two Navy destroyers and vis, my friend, lost her battle with can- ily-run radio network operation complete an entire destroyer division. Chet Lee cer. with a in-house staff of nine and the bene- ficiary of professional sales and affiliate rep- moved to Northern Virginia in 1964 to She fought hard to the bitter end. resentation from one of New York’s finest serve the Secretary of Defense at the She fought by informing her audience, national firms, WinStar. Pentagon and achieved the rank of by not keeping them in the dark about The show had even built its own state-of- Captain before retiring from the Navy the cancer that was invading her body. the-art two-room studio in Farmington Con- in 1965. He continued to be affection- She shared her fears, her hopes and her necticut at the well-known Connecticut ately referred to by Navy and non- dreams with her weekday broadcasts School of Broadcasting. and in interviews when the table was Yes, things was going great guns until this Navy colleagues as ‘‘Captain Lee,’’ and past Fall of 1998—shortly after the NAB remained an avid Navy football fan turned and she became the subject of Radio Show in Seattle—when upon feeling throughout his life! the interview. Mr President I would unusually fatigued and having developed a In 1965, Captain Lee requested to be like to submit two articles for the cough that would not go away; Judy Jarvis retired from active duty in order to an- RECORD about her battle with cancer. A checked into Beth Israel hospital in Boston March 8, 2000 CONGRESSIONAL RECORD — SENATE S1311 and didn’t check out for six weeks. Tests in- talk team modestly emerged on the talk ‘‘I pretty much have done that my whole dicated that Judy had developed lung cancer radio airwaves of America, largely life. And now we’ll just deal with whatever . . . a particularly vicious type that had al- unheralded by the media at large and void of comes.’’ ready impacted her blood and was causing the hype that usually marks the beginning The possibility of relapse notwithstanding, clotting problems. of something that can lay claim to being a this moment is a good one for Jarvis. The ‘‘It was absolutely a shock,’’ Judy tells first. show, broadcast by about 50 stations from TALKERS magazine. ‘‘It was like being the But the challenges facing Judy Jarvis and Boston to Seattle, is thriving. Plus, she gets victim of a drive-by shooting.’’ her family were far from over. As the Winter to work with her older son Jason. In fact, she Judy has never even been a smoker and, of 1999 wore on, so did the pain in Judy’s left has Jason to thank for her show’s very sur- until this terrifying revelation, had enjoyed leg, due to circulation complications arising vival. At the beginning of Jarvis’s illness, very good health. from the illness. The bleak diagnosis indi- stations stood behind her, broadcasting re- ‘‘I was a moose!’’ she says, with the good cated an irreversible condition in which the runs of her show in the hope she would re- humor that typifies her positive approach to only remedy was amputation. In March, turn. But after six weeks they were worried. the great challenge that had fallen upon her Judy Jarvis’ left leg was removed below the That’s when Jason, 30, moved behind the shoulders. knee. mike and saved the day. ‘‘It was either we Instantly committed to beating the dis- More treatment, more recovery, more give up or I step in,’’ says Jason, who had ease, she was also determined to preserve the courage . . . and finally back to work, on the been his mother’s producer. radio show that she and her family had air again with Jason. At first, Jason merely meant to bridge the worked so long and hard to build. As it is After a period of several weeks in a wheel- gap until Judy’s return. But the two worked turning out, the family connection plays a chair, Judy has been successfully outfitted so well together that Jason stayed on as key role in the rescue of the Judy Jarvis with a prosthesis and now is able to walk cohost, and they have become the only Show and Hartford-based Jarvis Productions. again. She has risen to the challenge with mother-son team with a nationally syn- Five years ago, her son, Jason, then 25, left the same positive attitude that she brings to dicated radio show. Jason’s new role ‘‘makes his job at the Washington, DC political jour- the air. Life is tough enough in the competi- it more of a warm, supportive atmosphere,’’ nal Hotline and became his mom’s producer. tive world of day-to-day syndicated talk says Tracy Marin, operations manager at af- radio. Judy now does it while going through He quickly developed a favorable reputation filiate KHTL in Albuquerque. ‘‘She was kind the discomfort of chemotherapy and adjust- within the business as both an excellent be- of hard-edged before. I think it makes it a hind the scenes broadcaster and an ex- ing to the trauma of losing a limb. ‘‘The work is conducive to my recovery,’’ lot softer.’’ tremely personable individual. Her husband, It was in October 1998, at a meeting of the she says, ‘‘it helps me focus on something Wal Jarvis—a successful businessman out- National Association of Broadcasters in Se- positive.’’ And the program remains positive. side the radio industry—also serves on the attle, that Jarvis first experienced shortness Although Judy’s situation has been pre- company’s executive board to which he of breath and a nasty little cough. She didn’t sented quite honestly to the audience, add- brings his considerable experience and exper- pay much attention because she was far ing an increased dramatic dimension to the tise. Judy simply describes Wal and the way more concerned with the convention, which culture of the show, the Judy Jarvis Show he has supported her career and now her per- she saw as a stepping-stone toward her goal remains upbeat and issues-oriented. It con- sonal trial as ‘‘the best ever!’’ of becoming a recognized name like Imus or tinues to reflect the niche she has carved out So when disaster struck . . . as an imme- Limbaugh. In spite of her fatigue, Jarvis on the talk radio landscape as a fiercely diate stop-gap measure, ‘‘We ran tape for a broadcast live each day from Seattle, waking independent moderate who covers the big po- few weeks to keep the show on the air,’’ Judy at 4 a.m. to go through the papers for discus- litical issues, but also talks about day-to- recounts. ‘‘That worked well for a while,’’ sion topics. ‘‘By the end of the trip I thought day life and the endless controversies, crisis, she says, but with her initial stay in the hos- I had a bug of some sort,’’ she says. ‘‘I felt joys and sorrows that make up real life for pital and newly-diagnosed illness extending just awful.’’ Her husband, Wal, 54, who heads real human beings. Her credentials speak for beyond the program’s ability to keep playing a company that makes parts for the aero- themselves and give her immense credibility reruns and maintain a viable network, her space and surgical industries, assumed that son Jason—who had never been a radio per- to really communicate with her listeners. In terms of her status in the talk radio in- the trip had simply exhausted her. sonality—stepped up to the microphone and dustry: She is a giant of strength, will and But back in Connecticut a few days later, went on the air. He told the audience about talent. Staying on the air and running her Jarvis became short of breath and nearly his mother’s situation and began to do a company as effectively and as dedicatedly as collapsed in the studio parking lot. Wal radio talk show. she has done under the conditions she has drove her to her Boston internist, who, he His natural ability and honesty were says, ‘‘did a chest X-ray and didn’t like the enough to hold the fort for another couple of faced is the kind of inspirational heroism that brings out the best in talk radio as both way it looked.’’ Further testing showed fluid months while Judy began an aggressive in her chest, and on Nov. 5 she was admitted round of treatments to begin fighting the a business and a cultural phenomenon. Judy Jarvis can be reached via Deb Shillo to Beth Israel Deaconess Medical Center. disease. at Jarvis Productions, 860–242–7276. There a lung biopsy revealed cancer.∑ The affiliates were individually informed f of the plight by WinStar reps backed up by [From People, Nov. 29, 1999] Jarvis Productions in-house business man- TRIBUTE TO MAYOR RAYMOND J. LIFE SUPPORT ager Deb Shillo. Just about all the affiliates WIECZOREK were extremely cooperative . . . especially CANCER-STRICKEN, TALK RADIO’S JUDY JARVIS since Jason Jarvis turned out to be a surpris- SEES THE SHOW SHE LOVES KEPT ALIVE AS ∑ Mr. SMITH of New Hampshire. Mr. ingly talented talker, enhanced, of course, SON JASON STEPS TO THE MIKE President, I rise today to pay tribute by the extremely dramatic circumstances in The topic today on The Judy Jarvis Show, to Mayor Raymond J. Wieczorek upon which he was immersed. American talk radio out of Farmington, Conn., is overprotective the occasion of his leaving office. was not about to abandon this sturdy ship parents. Jarvis listens as her son Jason Mayor Wieczorek faithfully served the caught in a storm. ranges through a serious of examples in the City of Manchester, New Hampshire, news, then talks herself about a town that When discussing Jason’s pinch-hitting ef- and its citizens for the past 10 years. A fort, Judy tries to hold back the tears. ‘‘He removed see-saws from its playgrounds be- never wanted to do this,’’ she says in a burst cause children were jumping off and sending truly gifted leader, he inspired those of emotion that shakes the calm restraint kids on the other end crashing down. ‘‘I don’t who were fortunate enough to work that had marked the conversation to this understand it,’’ says Jarvis. ‘‘In schools they with him, and created a legacy that point. won’t give kids failing grades; they won’t let will triumphantly carry Manchester ‘‘It was an amazing act of courage and them play sports where the scores are too into the 21st century. love. He wanted to save it (the show) in case unbalanced. I learn everything I know from Mayor Wieczorek has played an im- I would get better.’’ failure! Should parents be there all the time portant role in the economic develop- Judy Jarvis’ form of lung cancer hits 20,000 to make sure nothing bad happens?’’ people per year and kills more women than Obviously she things not. It is also clear ment of the City of Manchester. breast cancer. But she optimistically points from the way the phones light up that the 54- Through his hard work and diligence, out that modern medicine has come a long year-old national-radio talk show host is he has been able to develop a positive way and ‘‘it is not quite as grim as it might still, in her words, the same ‘‘independent- working relationship with many com- have been’’ had this happened several years minded broad’’ she has always been. Thank- munity leaders and guide them ago. fully, Jarvis is back—back on the air and, through the process of expansion and Judy completed the first round of treat- more important, back from cancer. It’s not development in the city. He has been ments and returned to the show on January that she has been cured. One of 22,000 people the driving force behind the Riverwalk 4, 1999 with nearly 100% of her affiliates (and stricken with the disease each year without listeners) intact, waiting for her return. ever having smoked, she still suffers from project, restoring and bringing busi- However, now, it had become a two-person lung cancer. But for now she seems as feisty nesses to the Historic Mill District and show. Jason earned himself a place on the as ever. ‘‘You know when everybody tells bringing business leaders back to the program as co-host and a unique mother-son you to ‘live in the moment’?’’ asks Jarvis. inner city. He oversaw the expansion of S1312 CONGRESSIONAL RECORD — SENATE March 8, 2000 both the Mall of New Hampshire and Twins outfielder and 10-time All Star; on. They think that they are the winners and the Manchester Airport, as well as the Joan Benoit Samuelson, gold medalist the other team is just there to lose. preliminary plans for the Manchester in the first women’s Olympic marathon Losing can be tough. I’ve been there, too. Don’t get too discouraged. The truth might Civic Center. Thoroughout his many in 1984; and Joe Paterno, longtime head be that your team will win next time. So years as a dedicated public servant, football coach at Penn State Univer- keep trying. Mayor Wieczorek has cultivated a vast sity. This year, the Institute honored You may have different ways of being a knowledge of information and re- 10 individuals including Grant Hill, good sport. It doesn’t matter what you do to sources that has constantly been vital five-time All-Star with the Detroit Pis- be a good sport; it matters that you are a in the operation of my New Hampshire tons, and former All-American at good sport. Remember this: Always keep try- offices. Duke; Jennifer Rizzotti, head women’s ing! An individual who truly knew how to basketball coach, University of Hart- CHILDREN LEARN GOOD AND BAD FROM connect with those around him, Mayor ford, and member of the WNBA Hous- MODELS Wieczorek’s door was always open to ton Comets; Jerry Sandusky, former (By Patrick Kolsky, a 10th grader at Novato the citizens of Manchester. Whether defensive coordinator/linebackers (Calif.) High School) through a word of advice, a birthday coach, Penn State University, PA; and In the modern era, sports have been rising greeting or negotiations on an expan- Mark Newlen, former member of the in popularity without opposition. Sports in sion and development project, the University of Virginia basketball team the beginning were first seen as something Mayor treated each of the individuals (1973–77) and presently physical edu- that could help someone relieve pressure, who approached him with care and con- cation teacher and coach at the Colle- help cope with stress, join families and com- cern, and always remembered them giate School, Richmond, VA. munities together and to expose oneself to a little friendly competition. with a smile and a quick anecdote upon This year, the Institute has found an- Most of all, however, sports were mainly a second meeting. other avenue to promote understanding seen as a creative outlet to relieve one’s I wish Mayor Wieczorek much happi- and good character for youngsters. A extra energy and recycle it into something ness as he embarks on this new journey new program called ‘‘The No Swear that was fun for everyone. In more recent in life. His leadership and perseverance Zone’’ has been instituted to curb the years, sports have escalated into something will be sorely missed as his decade of use of profanity in elementary, middle more. public service comes to an end. I want and high school sports, as well as at Professional sports focus on winning and salary, while the original intentions of to leave him with a poem by Robert the college level. In order for a school’s sports take a back seat. Younger children Frost, as I know that he has many athletic team to become a member of are extremely influenced by professional more miles to travel and endeavors to ‘‘The No Swear Zone,’’ it must pledge athletes and are well known to try and imi- conquer. to stop the use of profanity in practice tate their favorite player. The woods are lovely, dark and deep. and in games. Most athletes today don’t really care But I have promises to keep, I am very proud that National whether they had fun while playing a sport, And miles to go before I sleep. Sportsmanship Day was initiated in but only if they won or lost. and why should they? It is not their job to have fun or to set And miles to go before I sleep. Rhode Island, and I applaud the stu- Mayor, it has been a pleasure to rep- good examples—their job is to win. But when dents and teachers who participated in the millions of onlookers observe what resent you in the United States Senate. this inspiring day. Likewise, I con- ‘‘real’’ athletes perceive of sports, it is al- I wish you the best of luck in your fu- gratulate all of those at the University most inevitable that they themselves will ture endeavors. May you always con- of Rhode Island’s Institute for Inter- follow the lead of their role models. tinue to inspire those around you.∑ national Sport, whose hard work and These unsportsmanlike ethics that people f dedication over the last ten years have pick up on lead to an unhealthy imbalance made this program so successful. and lack of scruples in non-professional and THE TENTH ANNUAL NATIONAL non-profit-oriented sports today. SPORTSMANSHIP DAY Mr. President, I ask that the winning I feel very strongly that sports for children essays from this year’s contest be should not be a main focal point of their ∑ Mr. L. CHAFEE. Mr. President, yes- printed in the RECORD. lives. Children’s sports should focus on team terday was the tenth annual National The essays follow: play, listening and respecting an opponent. Sportsmanship Day—a day designated ALWAYS TRY YOUR HARDEST, BE It is unhealthy for children to be so fo- to promote ethics, integrity, and char- ENCOURAGING cused on winning at a young age that it will influence other aspects of their lives. The acter in athletics. I am pleased to say (By Katie McGwin, a fifth grader at majority of children do not become overly that National Sportsmanship Day was Quidnesset Elementary School North competitive by themselves, but rather from a creation of Mr. Daniel E. Doyle, Jr., Kingstown, RI) Executive Director of the Institute for examination of an outside source. It is this To be a good sport means to be kind to outside source that is the most crucial to International Sport at the University others, play fairly, never cheat, try your any child’s path to becoming a good sports- of Rhode Island. This year, over 12,000 hardest and be responsible. You can be kind man. schools in all 50 states and more than to others by saying encouraging words such Children find role models at a young age; 100 countries participated in National as ‘‘You can do it!’’ and ‘‘You tried your and whether that role model is a professional Sportsmanship Day. This is remark- hardest! Maybe next time.’’ basketball player or a weatherman, they al- able, since ten years ago this program These simple words can convince people ways end up being influenced by the person that they really can do it and they tried only existed in Rhode Island Elemen- that they admire. When these children grow their hardest and next time they will do it up, they usually carry with them the percep- tary Schools! well. You can play fairly by following the tion of what was ‘‘said’’ to be acceptable and Yesterday, the Institute held a day- rules and never cheating. then apply that to other areas of life, not long live internet chat room in which You can try your hardest by being the best just sports. athletes, coaches, journalists, students, you can be. You can be responsible by keep- This is exactly the reason why it is imper- and educators engaged in discussions of ing track of your things, doing chores, clean- ative that good sportsmanship be stressed in sportsmanship issues, such as trash- ing up after yourself, taking care of your children’s sports as well as higher-level talking, ‘‘winning at all costs,’’ profes- pets, bringing your homework into school sports. It does no good to a child when good and many other things. sional athletes as role models, and be- sportsmanship is stressed by one source, yet I try my hardest in my dance class. I do they look at another source and see exactly havior of fans. I believe that the Insti- well, but I think I could try harder. I show the opposite. tute’s work in addressing the issues of my responsibility by keeping track of my It is not uncommon in today’s sports for character and sportsmanship, and its things, doing chores and bringing my home- the players as well as the fans to become un- ability to foster good dialogue among work into school. I sometimes encourage sportsmanlike. It is OK for people to become our young people is significant. people. I always play fairly and I never competitive as long as they understand the As part of the Day’s celebration, the cheat. I am showing that I am a good sport. real meaning behind sports and not get too Institute selected Sports Ethics Fel- I do well in school and I do well at home. caught up in winning. Some people do not show sportsmanship. Unfortunately, many people overlook this lows who have demonstrated ‘‘highly Those are the people who do not care about issue entirely. Players trash-talk their oppo- ethical behavior in athletics and soci- the rules of the game. They do not show re- nents without remorse, and fans will become ety.’’ Past recipients have included: sponsibility. Those are the people who are overly excited and unruly in the stands. Of Kirby Puckett, former Minnesota not kind to others. They do not cheer people course, there are consequences for all of March 8, 2000 CONGRESSIONAL RECORD — SENATE S1313 their actions, but to the people who only It is not going to get them that college causes. His enthusiasm for both life care about winning, consequences are just scholarship. It is not going to make them and the Merrimack chamber is con- consequences, and nothing more. They will the best on the team. And it is not going to tagious. Alex, it is a pleasure to rep- continue to do whatever they can if they feel fulfill the lost dream of being a college ath- resent you in the United States Senate. it will help them win. lete. I wish you the best of luck in the fu- Some people are so focused on instant The only thing that pushing your child be- gratification that they don’t care what the yond the true purpose of the game—to have ture. May you always continue to in- effects of their actions will be. This is an ex- fun—accomplishes is to push the child fur- spire those around you.∑ tremely lethal setback to young onlookers ther away from the sport and, eventually, f that see this kind of behavior. If their own the parent.∑ NORMAL TRADE RELATIONS role models do not believe that they are f TREATMENT FOR THE PEOPLE’S doing anything wrong, why should they? REPUBLIC OF CHINA—MESSAGE Every action has a consequence, but not TRIBUTE TO PUBLISHERS SETH every consequence has the effect it should on AND LUCILLE HEYWOOD FROM THE PRESIDENT—PM 90 The PRESIDING OFFICER laid be- the perpetrator. ∑ Mr. SMITH of New Hampshire. Mr. Sports is a huge industry, and there are so fore the Senate the following message President, I rise today to pay tribute many fans, young and old, who hold sports in from the President of the United to a newspaper that has provided the high regard and are influenced deeply by al- States, together with an accompanying town of Merrimack, New Hampshire, most every aspect of the games. Some people report; which was referred to the Com- become blind to the fact that some of the with information and insight for the mittee on Finance. idealism that they are picking up from past twenty-one years. The Village sports may not be in their best interest. Win- Crier is a paper for which many of the To the Congress of the United States: ning at all costs is a poor example of how town residents of Merrimack have Last November, after years of nego- some role models are supposed to behave in waited in anticipation each week. It tiation, we completed a bilateral agree- front of the people that idolize them. Our certainly has greatly impacted the ment on accession to the World Trade children are watching—and they are picking Organization (WTO) with the People’s up every thing that comes their way. community as a whole. The Village Crier has been on the Republic of China (Agreement). The PARENTS HAVE AN OBLIGATION TO BE GOOD front lines of every political battle in Agreement will dramatically cut im- SPORTS, TOO Merrimack, and the opinions and ad- port barriers currently imposed on (By Aroha Fanning, a senior at Jacksonville vice that they brought to the tale will American products and services. It is (Fla.) University) be greatly missed. Both Seth and Lu- enforceable and will lock in and expand Sports are probably one of the most pop- cille have put countless hours into the access to virtually all sectors of Chi- ular pastimes of today’s society, whether production of the Crier, and have na’s economy. The Agreement meets you are an athlete, a spectator or a sponsor gained the respect and admiration of the high standards we set in all areas, or whether you are pro or amateur, young or not only their staff, but of the entire from creating export opportunities for old, disabled or physically fit. Athletics ca- community. our businesses, farmers, and working ters to everyone. people, to strengthening our guaran- But the people who benefit most from It is with sincere regret and deep sad- ness that I bid farewell to the Village tees of fair trade. It is clearly in our sports today are not the professional basket- economic interest. China is concluding Crier. I wish both Seth and Lucille the ball players or football players who sign con- agreements with other countries to ac- tracts of up to $30 million a year or more. best as they continue with their future cede to the WTO. The issue is whether They are the little rugrats you can see run- endeavors. The Village Crier will be Americans get the full benefit of the ning around a soccer field on a Saturday greatly missed, and it is an honor to strong agreement we negotiated. To do morning, or the 3-foot-nothing munchkins represent both Seth and Lucille Hey- who take to the ice for little league ice that, we need to enact permanent Nor- wood in the United States Senate. hockey each season. ∑ mal Trade Relations (NTR) for China. Getting children involved in sports not f We give up nothing with this Agree- only keeps them active and away from the TRIBUTE TO ALEX GIANG ment. As China enters the WTO, the TV screen or computer monitor, it also United States makes no changes in our ∑ Mr. SMITH of New Hampshire. Mr. teaches them how to be a team player and current market access policies. We pre- how to interact socially with other children. President, I rise today to pay tribute serve our right to withdraw market ac- But what kind of sportsmanship is being to Alex Giang for receiving the cess for China in the event of a na- modeled to our children when parents are Merrimack Chamber of Commerce tional security emergency. We make standing on the sidelines yelling at referees Presidential Award. A member of the no changes in laws controlling the ex- and coaches and getting into fights with par- chamber for several years, Alex has ents of the opposing team? port of sensitive technology. We amend Whatever happened to phrases such as ‘‘It’s risen to prominence with his contin- none of our trade laws. In fact, our pro- not whether you win or lose, but how you uous displays of passion and tections against unfair trade practices play the game’’ and ‘‘Just go out there and perseverence. His personality endears and potential import surges are strong- do your best?’’ him to all, and he is well known for his er with the Agreement than without it. All over the country, parents are being gregarious nature. Alex is a kind- asked to shape up or ship out of the ballpark, Our choice is clear. We must enact hearted leader, and Mary Jo and I ap- permanent NTR for China or risk los- stadium or playing grounds. In Jupiter, Fla., plaud him for his hard work and dedi- parents are now required to take a good ing the full benefits of the Agreement sportsmanship class before their children are cation to the Merrimack Chamber of we negotiated, including broad market allowed to play a sport. Parents in Los Ange- Commerce. access, special import protections, and les are asked to sign a ‘‘promise of good be- Alex Giang inspires others to achieve rights to enforce China’s commitment havior’’ form. the same ends by using the leadership through WTO dispute settlement. All Perhaps so many parents push their chil- qualities for which he has been hon- WTO members, including the United dren into participating in athletics in hope ored. Alex has taken it upon himself to States, pledge to grant one another that they will be able to get a scholarship to attempt to increase the membership of permanent NTR to enjoy the full bene- college and will go on to the major leagues the chamber. He is a man determined and sign one of those $30 million contracts. fits in one another’s markets. If the Maybe others push their kids into athletics to have others give of themselves as he Congress were to fail to pass perma- just so they can brag to their friends and has given. He has been a key figure in nent NTR for China, our Asian, Latin family about how little Johnny is the star of the creation of the chamber fund rais- American, Canadian, and European his soccer team. Perhaps parental expecta- er, ‘‘A Taste of Merrimack,’’ where the competitors would reap these benefits, tions come from unfulfilled childhood time and effort that was spent on his but American farmers and other work- dreams of playing college football, baseball, part exemplified his dedication to the ers and our businesses might well be basketball or whatever the sport of choice chamber. In addition to all of this, left behind. might have been. Alex is a purveyor of fine cuisine in the However you look at it, or whatever the We are firmly committed to vigorous motive for pushing children into athletics, town of Merrimack. monitoring and enforcement of China’s encouraging them to run onto a field while Alex is a leader in the truest sense. commitments, and will work closely yelling at them for making a mistake or los- He is a gregarious individual who puts with the Congress on this. We will ing isn’t going to make them love the sport. forth enormous effort for worthy maximize use of the WTO’s review S1314 CONGRESSIONAL RECORD — SENATE March 8, 2000 mechanisms, strengthen U.S. moni- MEASURE PLACED ON THE suant to law, the report of a rule entitled toring and enforcement capabilities, CALENDAR ‘‘List of Approved Spent Fuel Storage Casks: ensure regular reporting to the Con- NAC–MPC Addition’’, received March 7, 2000; The following bill was read the sec- to the Committee on Environment and Pub- gress on China’s compliance, and en- ond time and placed on the calendar: lic Works. force the strong China-specific import S. 2184. A bill to amend chapter 3 of title EC–7917. A communication from the Gen- surge protections we negotiated. I have 28, United States Code, to divide the Ninth eral Counsel, National Science Foundation requested significant new funding for Judicial circuit of the United States into transmitting, pursuant to law, the report of China trade compliance. two circuits, and for other purposes. a rule entitled ‘‘Revision of National Science Foundation Freedom of Information Act and We must also continue our efforts to f make the WTO itself more open, trans- Privacy Act Regulations and Implementa- parent, and participatory, and to ele- EXECUTIVE AND OTHER tion of Electronic Freedom of Information COMMUNICATIONS Act Amendments of 1996’’ (RIN3145–AA31) vate consideration of labor and the en- (RIN3145–AA32), received March 7, 2000; to vironment in trade. We must recognize The following communications were the Committee on Commerce, Science, and the value that the WTO serves today in laid before the Senate, together with Transportation. fostering a global, rules-based system accompanying papers, reports, and doc- EC–7918. A communication from the Asso- of international trade—one that has uments, which were referred as indi- ciate Administrator, Procurement, National Aeronautics and Space Administration fostered global growth and prosperity cated: transmitting, pursuant to law , the report of over the past half century. Bringing EC–7907. A communication from the Direc- a rule entitled ‘‘Miscellaneous Administra- China into that rules-based system ad- tor, Operational Test and Evaluation, and tive Revisions to the NASA FAR Supple- vances the right kind of reform in the Deputy Under Secretary, Science and ment’’, received March 7, 2000; to the Com- China. Technology, Department of Defense trans- mittee on Commerce, Science, and Transpor- The Agreement is in the fundamental mitting, pursuant to law, a report relative to tation. interest of American security and re- laboratories and centers selected for a pilot EC–7919. A communication from the Chief, program; to the Committee on Armed Serv- Regulations Branch, U.S. Customs Service, form in China. By integrating China Department of the Treasury, transmitting, more fully into the Pacific and global ices. EC–7908. A communication from the Sec- pursuant to law, the report of a rule entitled economies, it will strengthen China’s retary of Defense, transmitting, the report of ‘‘Extension of Import Restrictions Imposed stake in peace and stability. Within a retirement; to the Committee on Armed on Certain Categories of Archaeological Ma- China, it will help to develop the rule Services. terial from the Prehistoric Cultures of the of law; strengthen the role of market EC–7909. A communication from the Dep- Republic of El Salvador’’ (RIN1515–AC61), re- forces; and increase the contacts Chi- uty Assistant Administrator, Office of Pre- ceived March 7, 2000; to the Committee on vention, Pesticides and Toxic Substances Finance. na’s citizens have with each other and EC–7920. A communication from the Asso- transmitting, pursuant to law, the 1999 re- the outside world. While we will con- ciate Administrator, Agricultural Marketing port on conditional pesticide registrations; Service, Fruit and Vegetable Programs, De- tinue to have strong disagreements to the Committee on Agriculture, Nutrition, partment of Agriculture transmitting, pur- with China over issues ranging from and Forestry. suant to law, the report of a rule entitled human rights to religious tolerance to EC–7910. A communication from the Direc- foreign policy, we believe that bringing ‘‘Melons Grown in South Texas; Increased tor, Office of Regulations Management, De- Assessment Rate’’ (Docket Number FV00– China into the WTO pushes China in partment of Veterans Affairs, transmitting, 979–I FR), received March 7, 2000; to the Com- the right direction in all of these areas. pursuant to law, the report of a rule entitled mittee on Agriculture, Nutrition, and For- I, therefore, with this letter transmit ‘‘Criteria for Approving Flight Courses for estry. to the Congress legislation authorizing Educational Assistance Programs’’ (RIN2900– EC–7921. A communication from the Asso- the President to terminate application AI76), received March 7, 2000; to the Com- ciate Administrator, Agricultural Marketing mittee on Veterans’ Affairs. of Title IV of the Trade Act of 1974 to Service, Fruit and Vegetable Programs, De- EC–7911. A communication from the Direc- partment of Agriculture transmitting, pur- the People’s Republic of China and ex- tor, Office of Thrift Supervision, Department suant to law, the report of a rule entitled tend permanent Normal Trade Rela- of the Treasury, transmitting, pursuant to ‘‘Blueberry Promotion, Research and Infor- tions treatment to products from law, the report of the Office of Thrift Super- mation Order; Referendum Procedures’’ China. The legislation specifies that vision’s 2000 compensation plan; to the Com- (Docket Number FV–99–702–FR), received the President’s determination becomes mittee on Banking, Housing, and Urban Af- March 7, 2000; to the Committee on Agri- effective only when China becomes a fairs. culture, Nutrition, and Forestry. EC–7922. A communication from the Asso- member of the WTO, and only after a EC–7912. A communication from the Assist- ant Secretary, Legislative Affairs, Depart- ciate Administrator, Agricultural Marketing certification that the terms and condi- ment of State, transmitting, pursuant to the Service, Fruit and Vegetable Programs, De- tions of China’s accession to the WTO Arms Export Control Act, a report relative partment of Agriculture transmitting, pur- are at least equivalent to those agreed to certification of a proposed license for the suant to law, the report of a rule entitled to between the United States and export of defense articles or defense services ‘‘Pork Promotion and Research’’ (Docket China in our November 15, 1999, Agree- sold commercially under a contract in the Number LS–98–007), received March 7, 2000; to ment. I urge that the Congress consider amount of $50,000,000 or more to Kazakhstan; the Committee on Agriculture, Nutrition, and Forestry. this legislation as soon as possible. to the Committee on Foreign Relations. EC–7913. A communication from the Assist- EC–7923. A communication from the Pro- WILLIAM J. CLINTON. ant Secretary, Legislative Affairs, Depart- gram Analyst, Federal Aviation Administra- THE WHITE HOUSE, March 8, 2000. ment of State, transmitting, pursuant to tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule f law, transmitting, pursuant to law, the re- entitled ‘‘Airworthiness Directives; General port of a rule entitled ‘‘Schedule of Fees for THE NATIONAL MONEY LAUN- Electric Company CF6–80C2; Docket No. 99– Consular Services; Finance and Accounting; DERING STRATEGY FOR 2000— NE–24 [2–29/3–6]’’ (RIN2120–AA64) (2000–0129), Passports and Visas’’, received March 7, 2000; received March 7, 2000; to the Committee on MESSAGE FROM THE PRESI- to the Committee on Foreign Relations. DENT—PM 91 Commerce, Science, and Transportation. EC–7914. A communication from the Execu- EC–7924. A communication from the Pro- The PRESIDING OFFICER laid be- tive Director, Committee for Purchase from gram Analyst, Federal Aviation Administra- fore the Senate the following message People who are Blind or Severely Disabled, tion, Department of Transportation, trans- from the President of the United transmitting, pursuant to law, the report of mitting, pursuant to law, the report of a rule States, together with an accompanying a rule relative to additions to and deletions entitled ‘‘Airworthiness Directives; Airbus from the Procurement List, received March Model A340–211, –212, –213, –311, –312, and –313 report; which was referred to the Com- 7, 2000; to the Committee on Governmental mittee on the Judiciary. Series Airplanes; Correction; Docket No. 99– Affairs. NM–336 [3–2/3–6]’’ (RIN2120–AA64) (2000–0128), To the Congress of the United States: EC–7915. A communication from the Assist- received March 7, 2000; to the Committee on As required by the provisions of sec- ant Secretary, Legislative Affairs, Depart- Commerce, Science, and Transportation. tion 2(a) of Public Law 105–310 (18 ment of State, transmitting, pursuant to EC–7925. A communication from the Pro- law, a report relative to its commercial ac- gram Analyst, Federal Aviation Administra- U.S.C. 5341(a)(2)), I transmit herewith tivities inventory; to the Committee on Gov- tion, Department of Transportation, trans- the National Money Laundering Strat- ernmental Affairs. mitting, pursuant to law, the report of a rule egy for 2000. EC–7916. A communication from the Direc- entitled ‘‘Airworthiness Directives; McDon- WILLIAM J. CLINTON. tor, Office of Congressional Affairs, Nuclear nell Douglas MD–11 Series Airplanes; Re- THE WHITE HOUSE, March 8, 2000. Regulatory Commission, transmitting, pur- quest for Comments; Docket No. 2000–NM–61 March 8, 2000 CONGRESSIONAL RECORD — SENATE S1315 [3–3/3–6]’’ (RIN2120–AA64) (2000–0127), received legislation, known as the Nicaraguan and duly constituted committee of the Sen- March 7, 2000; to the Committee on Com- Central American Relief Act (‘‘NACARA’’), ate.) merce, Science, and Transportation. to provide nationals from Nicaragua and cer- EC–7926. A communication from the Pro- tain Central American countries relief from f gram Analyst, Federal Aviation Administra- removal and deportation from the United INTRODUCTION OF BILLS AND tion, Department of Transportation, trans- States; and JOINT RESOLUTIONS mitting, pursuant to law, the report of a rule Whereas, the deadline to submit and com- entitled ‘‘Airworthiness Directives; Dornier plete NACARA applications with supporting The following bills and joint resolu- Model 328–111 and –300 Airplanes; Request for documents and motions expired November, tions were introduced, read the first Comments; Docket No. 2000–NM–59 [3–7/3–6]’’ 1999; and time and second time by unanimous (RIN2120–AA64) (2000–0126), received March 7, Whereas, the City Commission wishes that consent, and referred as indicated: 2000; to the Committee on Commerce, the same privileges and rights bestowed to Science, and Transportation. Nicaraguan and Central American nationals By Mr. MURKOWSKI (for himself, Mr. EC–7927. A communication from the Pro- be extended to Haitian immigrants; now, AKAKA, Mr. BENNETT, Mr. BOND, Mr. gram Analyst, Federal Aviation Administra- therefore, be it BUNNING, Mr. BREAUX, Mr. BURNS, tion, Department of Transportation, trans- Resolved by the Commission of the city of Mr. CAMPBELL, Mr. COVERDELL, Mr. mitting, pursuant to law, the report of a rule Miami, Florida: CRAIG, Mr. CRAPO, Mr. DOMENICI, Mr. ENZI, Mr. GRAMM, Mr. GRASSLEY, Mr. entitled ‘‘Airworthiness Directives; Bell Hel- SECTION 1. The recitals and findings con- icopter Textron Canada Model 407 Heli- tained in the Preamble to this Resolution HATCH, Mr. HELMS, Mr. HUTCHINSON, copters; Docket No. 98–SW–64 [3–1/3–6]’’ are hereby adopted by reference thereto and Mrs. HUTCHISON, Mr. INOUYE, Mr. (RIN2120–AA64) (2000–0130), received March 7, incorporated herein as if fully set forth in INHOFE, Mr. KYL, Mr. LOTT, Mr. 2000; to the Committee on Commerce, this Section. MCCONNELL, Mr. NICKLES, Mr. SES- SIONS, Mr. SHELBY, Mr. STEVENS, Mr. Science, and Transportation. SECTION 2. The Federal Government is EC–7928. A communication from the Pro- hereby urged to extend the deadline for a pe- THOMAS, Mr. THURMOND, Mr. gram Analyst, Federal Aviation Administra- riod of six months for those individuals eligi- VOINOVICH, Mr. WARNER, Mr. ABRA- tion, Department of Transportation, trans- ble to file applications and motions to gain HAM, and Mr. HAGEL): S. 2214. A bill to establish and implement a mitting, pursuant to law, the report of a rule lawful immigration status under the Nica- competitive oil and gas leasing program that entitled ‘‘Airworthiness Directives; Alex- raguan and Central American Relief Act will result in an environmentally sound and ander Schleicher Segelflugzeubau Models (‘‘NACARA’’). job creating program for the exploration, de- ASH 25M and ASH 26E Sailplanes; Request SECTION 3. The Federal Government is for Comments; Docket No. 99–CE–78 [3–1/3–6]’’ hereby further urged to enact and implement velopment, and production of the oil and gas (RIN2120–AA64) (2000–0131), received March 7, legislation to extend the same rights and resources of the Coastal Plain, and for other 2000; to the Committee on Commerce, privileges granted under NACARA to Haitian purposes; to the Committee on Energy and Science, and Transportation. immigrants. Natural Resources. EC–7929. A communication from the Pro- By Mr. HUTCHINSON: SECTION 4. The City Clerk is hereby di- S. 2215. A bill to clarify the treatment of gram Analyst, Federal Aviation Administra- rected to transmit a copy of this Resolution nonprofit entities as noncommercial edu- tion, Department of Transportation, trans- to President William J. Clinton, Vice-Presi- cational or public broadcast stations under mitting, pursuant to law, the report of a rule dent Albert Gore, Jr., Speaker of the House the Communications Act of 1934; to the Com- entitled ‘‘Airworthiness Directives; MD Heli- of Representatives J. Dennis Hastert, Attor- mittee on Commerce, Science, and Transpor- copters, Inc., Model MD600N Helicopters; ney General Janet Reno, United States Im- tation. Docket No. 99–SW–54 [3–1/3–6]’’ (RIN2120– migration and Naturalization Service Com- By Mr. CAMPBELL: AA64) (2000–0132), received March 7, 2000; to missioner Doris Meissner, Senators Connie S. 2216. A bill to direct the Director of the the Committee on Commerce, Science, and Mack and Bob Graham, and all the members Federal Emergency Management Agency to Transportation. of the United States House of Representa- EC–7930. A communication from the Pro- require, as a condition of any financial as- tives for Miami-Dade County. gram Analyst, Federal Aviation Administra- sistance provided by the Agency on a non- SECTION 5. This Resolution shall become ef- tion, Department of Transportation, trans- emergency basis for a construction project, fective immediately upon its adoption and mitting, pursuant to law, the report of a rule that products used in the project be produced signature of the Mayor. entitled ‘‘Amendment to Class E Airspace; in the United States; to the Committee on Big Bear City, CA; Docket No. 99–AWP–26 [3– Passed and adopted this 27th day of Janu- Environment and Public Works. 7/3–6]’’ (RIN2120–AA66) (2000–0065), received ary, 2000. By Mr. CAMPBELL (for himself, Mr. March 7, 2000; to the Committee on Com- f INOUYE, and Mr. LOTT): merce, Science, and Transportation. S. 2217. A bill to require the Secretary of EC–7931. A communication from the Chief, EXECUTIVE REPORTS OF the Treasury to mint coins in commemora- Office of Regulations and Administrative COMMITTEES tion of the National Museum of the Amer- Law, U.S. Coast Guard, Department of The following executive reports of ican Indian of the Smithsonian Institution, Transportation, transmitting, pursuant to committees were submitted: and for other purposes; to the Committee on law, the report of a rule entitled ‘‘Special Banking, Housing, and Urban Affairs. Anchorage Areas/Anchorage Grounds Regu- By Mr. GRAMM for the Committee on By Mr. CLELAND (for himself, Ms. MI- lations; Henderson Harbor, NY (CGD09–99– Banking, Housing, and Urban Affairs. KULSKI, Mr. GRASSLEY, Mr. AKAKA, 081]’’ (RIN2115–AA98) (2000–0003), received Jay Johnson, of Wisconsin, to be Director Mr. WARNER, Mr. SARBANES, and Mr. March 7, 2000; to the Committee on Com- of the Mint for a term of five years. ROBB): merce, Science, and Transportation. Kathryn Shaw, of Pennsylvania, to be a S. 2218. A bill to amend title 5, United EC–7932. A communication from the Chief, Member of the Council of Economic Advis- States Code, to provide for the establishment Office of Regulations and Administrative ers. of a program under which long-term care in- Law, U.S. Coast Guard, Department of (The above nominations were re- surance is made available to Federal employ- Transportation, transmitting, pursuant to ported with the recommendation that ees and annuitants and members of the uni- law, the report of a rule entitled ‘‘Traffic they be confirmed subject to the nomi- formed services, and for other purposes; to Separation Scheme in the Approaches to nees’ commitment to respond to re- the Committee on Governmental Affairs. Delaware Bay (CGD97–004]’’ (RIN2115–AF42) By Mr. DURBIN: (2000–0001), received March 7, 2000; to the quests to appear and testify before any S. 2219. A bill to amend the Elementary Committee on Commerce, Science, and duly constituted committee of the Sen- and Secondary Education Act of 1965 to pro- Transportation. ate.) vide for community learning and successful f By Mr. MCCONNELL for the Committee on schools, and for other purposes; to the Com- Rules and Administration. mittee on Health, Education, Labor, and PETITIONS AND MEMORIALS Danny Lee McDonald, of Oklahoma, to be Pensions. The following petitions and memo- a Member of the Federal Election Commis- By Mr. ALLARD: rials were laid before the Senate and sion for a term expiring April 30, 2005. (Re- S. 2220. A bill to protect Social Security were referred or ordered to lie on the appointment) and provide for repayment of the Federal debt; to the Committee on the Budget and table as indicated. Bradley A. Smith, of Ohio, to be a Member of the Federal Election Commission for a the Committee on Governmental Affairs, POM–429. A resolution adopted by the term expiring April 30, 2005. jointly, pursuant to the order of August 4, Miami, FL City Commission relative to the (The above nominations were re- 1977, with instructions that if one Committee Nicaraguan and Central American Relief reports, the other Committee have thirty Act; to the Committee on the Judiciary. ported with the recommendation that days to report or be discharged. RESOLUTION NO. 100 they be confirmed subject to the nomi- By Mr. KOHL (for himself, Mr. FEIN- Whereas, on 1997, the Senate and House of nees’ commitment to respond to re- GOLD, Mr. WELLSTONE, Mr. SCHUMER, Representatives of the United States enacted quests to appear and testify before any and Mr. SANTORUM): S1316 CONGRESSIONAL RECORD — SENATE March 8, 2000 S. 2221. A bill to continue for 2000 the De- pany, Procter & Gamble, plunged 30 than a forecast. They are not taking partment of Agriculture program to provide percent as a consequence of their third any steps to relieve us of that depend- emergency assistance to dairy producers; to quarter profits falling off because of ency. the Committee on Agriculture, Nutrition, the high cost of oil. The facts, I think, are staggering. If and Forestry. By Mr. TORRICELLI: We have a crisis in this country. you look at what is happening in this S. 2222. A bill to provide for the liquidation Today, I rise to introduce legislation country, domestic production has de- or reliquidation of certain color television on behalf of myself and 33 other Mem- creased 17 percent since 1990. That is a receiver entries to correct an error that was bers that I believe, and they believe fact. Consumption, however, has in- made in connection with the original liq- with me, offers the United States its creased 14 percent. I have a chart to uidation; to the Committee on Finance. best chance to reduce our dependence show this. It shows, I think very clear- By Mr. KERRY (for himself, Mr. HOL- on foreign oil; that is, by producing ly, what is happening in this country. LINGS, and Mr. INOUYE): more oil domestically. We are seeing the demand, and that S. 2223. A bill to establish a fund for the We have seen the oil price rise in the restoration of ocean and coastal resources, is the black line here, going, in 1990, and for other purposes; to the Committee on last year from roughly $10 to over $30 a from 16 million to 19 million barrels Commerce, Science, and Transportation. barrel. That is a pretty dramatic in- per day. So what is happening is we see By Mr. JEFFORDS (for himself, Mr. crease. There is an inflation factor as- a constant demand going up. Then LIEBERMAN, Mr. KERRY, Mr. KEN- sociated with this. While we have not what happens on the offset? Where is NEDY, and Mr. LEAHY): really addressed it, it is fair to say that the crude production? The crude pro- S. 2224. A bill to amend the Energy Policy for every $10 increase in the price of a duction is declining, from 7.4 to a do- and Conservation Act to encourage summer barrel of oil, there is an inflation fac- mestic production of 5.9. fill and fuel budgeting programs for propane, This reflects the reality of what has kerosene, and heating oil; to the Committee tor of about a half of 1 percent. Alan on Energy and Natural Resources. Greenspan has been quoted as saying, been happening. This should not come f ‘‘I have never seen a price spike on oil as a great surprise to the Department that I have ever ignored.’’ of Energy, the Clinton administration, SUBMISSION OF CONCURRENT AND So we are now in a situation where or the Congress of the United States. SENATE RESOLUTIONS we have seen heating oil prices in the This has been coming for some time. The following concurrent resolutions Northeast reach historic highs this In one year, total petroleum net im- and Senate resolutions were read, and winter, nearly $2 a gallon. We are see- ports rose 7.6 percent. So, as we look referred (or acted upon), as indicated: ing a surcharge on our airline tickets for relief, we look towards imports. By Mr. WARNER: of $20. You do not see it at the counter Now we are 56-percent dependent. What S. Con. Res. 92. A concurrent resolution ap- where you buy your ticket; of course does it mean? It means we do not learn plauding the individuals who were instru- not. You do not know what the price of from history. We do not learn much. In mental to the program of partnerships for a ticket generally is because they have 1973, when we had the Arab oil embar- oceanographic and scientific research be- so many prices between point A and go—some people remember the gaso- tween the Federal Government and academic point B. But it is there. It is $20. The line lines around the block—at that institutions during the period beginning be- American public ought to be ques- time, we were 37-percent dependent on fore World War II and continuing through imported oil. We said it would never the end of the Cold War, supporting efforts tioning that. They at least ought to be by the Office of Naval Research to honor aware of it, if they do not question it. happen again. We said we would create those individuals, and expressing apprecia- Regarding diesel prices, we saw the a Strategic Petroleum Reserve to en- tion for the ongoing efforts of the Office of truckers come to Washington, DC. Die- sure we were not held hostage. Naval Research; to the Committee on Armed sel prices are the highest since the De- What did other countries do? Dif- Services. partment of Energy began tracking. ferent things. The French, for example, f We are in a crisis. We have to do said they would never be held hostage something about it. There are many by the Mideast again, and they de- STATEMENTS ON INTRODUCED factors that contribute to the price parted on a nuclear program so that BILLS AND JOINT RESOLUTIONS structure of each particular fuel, but today the French are over 90-percent By Mr. MURKOWSKI (for him- underlying all of these, without a dependent on nuclear energy. We do self, Mr. AKAKA, Mr. BENNETT, doubt, is our reliance on imported not have that situation in the United Mr. BOND, Mr. BUNNING, Mr. crude oil. We are 56-percent dependent States. I simply point that out to di- BREAUX, Mr. BURNS, Mr. CAMP- on foreign crude oil. The current re- rect attention to what some countries BELL, Mr. COVERDELL, Mr. serves indicate we are consuming twice have done with their energy policy vis- CRAIG, Mr. CRAPO, Mr. DOMEN- as much crude in the U.S., as we are a-vis others. What we have done is very ICI, Mr. ENZI, Mr. GRAMM, Mr. able to produce domestically. little. GRASSLEY, Mr. HATCH, Mr. I had the professional staff of the En- We fought a war over in the Mideast, HELMS, Mr. HUTCHINSON, Mrs. ergy and Natural Resources Committee didn’t we? We fought that war, Desert HUTCHISON, Mr. INOUYE, Mr. trying to do a forecast, with the De- Storm, to keep Saddam Hussein from INHOFE, Mr. KYL, Mr. LOTT, Mr. partment of Energy—we have a net de- invading Kuwait and taking over those MCCONNELL, Mr. NICKLES, Mr. cline because we are using more crude oil fields. During Desert Storm, we SESSIONS, Mr. SHELBY, Mr. STE- reserves than we are bringing in— were 46-percent dependent. Today we VENS, Mr. THOMAS, Mr. THUR- about what time the bear goes through are held hostage to aggressive OPEC MOND, Mr. VOINOVICH, Mr. WAR- the buckwheat; that is, when perhaps pricing policies. What has our response NER, Mr. ABRAHAM, Mr. HAGEL): we are looking at $2 a gallon, $2.50 a been? S. 2214. A bill to establish and imple- gallon for gasoline. Relief is not in Secretary of Energy Richardson went ment a competitive oil and gas leasing sight as yet. to the Mideast. Some suggest it was program that will result in an environ- The worst part of it is this did not the greatest hostage recovery effort mentally sound and job creating pro- come without some warning. Those of since the Carter administration sent gram for the exploration, development, us from oil-producing States, my State the military to Tehran. He went there and production of the oil and gas re- of Alaska, the overthrust belt—Lou- and said: We have an emergency in the sources of the Coastal Plain, and for isiana Senators, Texas, Mississippi, United States. We have a crisis. We other purposes; to the Committee on other areas, Colorado, Oklahoma, need you to produce more oil. Energy and Natural Resources. Utah, Wyoming—have been predicting Do you know what they told him? LEGISLATION TO ESTABLISH AND IMPLEMENT A the dangers of increased dependence on They looked him in the eye and they COMPETITIVE OIL AND GAS LEASING PROGRAM imported oil. The administration, De- said: We are going to have a meeting Mr. MURKOWSKI. Mr. President, let partment of Energy, has forecast by March 27 and we will address our poli- me advise you, yesterday at the close the years 2015 to 2020 we will be ap- cies then. of business, the posted price of oil was proaching 65-percent dependence on That is hardly responding to an $34.13 a barrel. The Dow was down 374 imported oil. The problem with that is emergency, particularly at a time points. The share price of one com- it looks now as if that is a goal rather when he reminded them of how quickly March 8, 2000 CONGRESSIONAL RECORD — SENATE S1317 we responded to the emergency when are down from 657 in 1990 to roughly 153 Long-term fixes: We need to stimu- Saddam Hussein was about to invade in 2000. late the domestic oil and gas industry. Kuwait. Nevertheless, that is reality, What has our energy policy been We need to get in the overthrust belt. that is business, that is the attitude of under the Clinton-Gore administra- We need the Department of Interior to OPEC. This time the hostage is our tion? Coal: Highly dependent on coal. open up these areas, and we need a country, our energy security—and the But EPA filed a lawsuit against eight long-term fix. It involves legislation rescue mission is flawed. electric utilities with coal-fired power- that I am introducing to authorize the We can look to the non-OPEC coun- plants. The lawsuit says these plants opening of the Coastal Plain. tries for relief. We can look to Ven- have been allowed to extend beyond I will show my colleagues what I am ezuela. We can look to Mexico. their lifespan, and the management talking about. This is an area that lies I happened to have a little feedback says they are trying to maintain these in the northeast corner of Alaska, from Mexico. We went down to Mexico. plants according to the permitting north of the Arctic Circle, 1,300 miles The Secretary met with them and said process and not necessarily extending south of the North Pole. The pipeline we need you to produce more oil. There their life. of Prudhoe Bay over the last 30 years was a message, and that message that One gets a different point of view, has produced 25 percent of the total came back from Mexico is: Where was but clearly there is going to be employ- crude oil produced in this country. the United States when the Mexican ment for a lot of attorneys. I will show another chart because we economy was in the tank? When oil Hydro: Secretary Babbitt wants to be have to put this area in perspective, was selling at $11 a barrel, were you, the first Secretary to tear down dams. otherwise you lose it. the United States, doing anything to It is estimated by my colleagues from help out Mexico and its economy? the Pacific Northwest that if the dams The Arctic National Wildlife Refuge Clearly, we were not. We were very go down, we are going to see roughly consists of 19 million acres in its en- happy to get $11, $12 oil. 2,000 trucks per day on the highways to tirety. We have set aside in wilderness So somebody said: If the shoe fits, replace the barge service, particularly permanently 8 million acres. We set an- wear it. in Oregon, and the environmental air other 9.5 million acres in refuge, per- We have been stiffed. We have been quality and congestion issues will be manently—no drilling, nothing in poked in the eye because OPEC is say- significant. those two areas. But Congress set aside ing: Ho, ho, the United States—do you Nuclear power: The administration what they call the 1002 area, the Coast- know what the United States could do, opposes this. They do not want to ad- al Plain, for a determination of wheth- if they wanted to do a favor for the dress what they are going to do with er or not to open it for competitive oil consumer? They can waive all their nuclear waste on their watch. and gas bids. The Eskimo people of taxes, waive all the highway taxes, Natural gas: It is the fuel of the fu- Kaktovik, a little village there, sup- waive all the State taxes. That will ture, but they have closed so much of port exploration in this area. The ge- bring the price down. the public lands; 60 percent of the over- ologists say it is the most likely area It is an interesting suggestion. Obvi- thrust belt is off limits in the Rocky for a significant find. ously, it is unacceptable to us and an Mountain area, which is Colorado, Wy- We propose a competitive lease sale. indignity, but I think it is sobering to oming, Montana, Utah, New Mexico, We propose only exploration in the recognize that is their proposed an- North Dakota, and South Dakota. They wintertime, that way we will make no swer. estimate there is 137 trillion cubic feet footprint on the ground. There is The irony that Iraq has emerged as of gas out there. And as a consequence, roughly 1.5 million acres on the Coast- the fastest growing source of U.S. oil but they have put 60 percent of the al Plain. The industry says if they are imports is something beyond com- area off limits. allowed to develop it with the tech- prehension. We need to question where Let’s look at one more thing. If we nology they have, they will use less we are placing the Nation’s energy se- look at our reliance on natural gas and than 2,000 acres in the entirety of the curity. Are we placing it with Saddam oil, we recognize that we are not going 1.5 million acres. That is the kind of Hussein? That is where our imported to change over the next 20 or 25 years, footprint the technology gives us. oil is coming. as much as we would like to have As we look at national energy secu- Our own Government agencies ques- greater dependence on alternative en- rity, we have to look at some long- tion this policy. Isn’t that interesting? ergy sources. The realization is the term solutions because Prudhoe Bay, They question the policy they make. technology is not there. We have to as can be seen on this chart, shows a Here is the statement on a chart. continue to encourage them. The real good degree of compatibility with This is at a time when the administra- answer is long-term and short-term re- abundant wildlife. This shows Prudhoe tion is suppressing domestic produc- lief. There is some short-term poten- Bay field and the caribou wandering tion. This is from the Minerals Man- tial relief in repealing the Clinton-Gore around. This is the pipeline that goes agement Service: gas tax hike. With prices at the pump 800 miles to Valdez. If the oil is where Much of the imported oil that the United steadily rising, one thing we can do is we think it is, we simply extend the States depends on comes from areas of the suspend the 4.3 cent-per-gallon Clinton- pipeline over to Prudhoe Bay and world that may be hostile to the interest of Gore gas tax. That came in 1993. The produce it. the United States and where political insta- Democratic Congress, without a single bility is a concern. Republican vote, adopted the Clinton- This chart shows what frequently That speaks for itself. The Mideast is Gore gas tax as part of one of the larg- happens on the pipeline. Here are some unstable. We see our friends in Libya, est tax increases in history. bears going for a little walk on the Iran, Iraq, and now the relationship be- That tax has cost the American mo- pipeline enjoying the afternoon. They tween Iran and Iraq seems to be closer torist $43 billion over the last 6 years. get away from bugs and flies, and it is than it ever was. We are caught in the We can suspend this tax until the end easier walking on the pipeline than it middle. of the year when prices may be sta- is in the heavy snow. They know what In the meantime, What has happened bilized, and we can make sure the high- they are doing. to our domestic industry? It is inter- way trust fund is reimbursed for any I conclude by recognizing in October esting. We have seen in the oil industry lost revenue so we can ensure all high- our Vice President made a statement a 28-percent decline in jobs, a 77-per- way construction authorized will be that he is going to do everything in his cent decline in oil rigs that are used in constructed. power to make sure there is no new exploration, and we have seen a 7-per- It is interesting to note that when drilling off our coastal areas relative cent decline in reserves. That is the Clinton-Gore passed this tax, it was to OCS lease sales. I think that state- largest decline in 53 years. not used for highway construction; it ment is going to come back and haunt This is what we are doing, particu- was used for Government spending, the administration and certainly haunt larly under this administration, rel- until Republicans took over Congress the Vice President because if we do not ative to encouraging domestic explo- and authorized the tax to be restored go for OCS activities, we are not going ration and drilling: Rigs drilling for oil for highway construction. to go anywhere. S1318 CONGRESSIONAL RECORD — SENATE March 8, 2000 I ask unanimous consent that a let- NATIVE VILLAGE OF VENETIE, DATED this 2nd day of April, 1984. ter from the Sierra Club soliciting visi- March 21, 1984. Native Village of Venetie Tribal Govern- tations to Washington to lobby Mem- To Whom It May Concern: ment, Allen Tritt, Second Chief. This letter is authorization for Donald R. DONALD R. WRIGHT, bers of Congress be printed in the Wright, as our consultant, to negotiate with Authorized Consultant. RECORD. The Sierra Club pays for all any interested persons or company for the Mr. MURKOWSKI. I encourage my the meals, all the transportation, and purpose of oil or gas exploration and produc- colleagues to look at this legislation all the lodging for these recruits it is tion on the Venetie Indian Reservation, and recognize that we have to decrease simply reflective of the other point of Alaska; subject to final approval by the Na- our dependence on imported oil. The view and that they are attempting to tive village of Venetie Tribal Government best way to do that is to stimulate do- influence us on this issue. It is a good Council. mestic production here at home. The issue for revenue, for their member- NATIVE VILLAGE OF VENETIE Coastal Plain of ANWR is one way to ship. REQUEST FOR PROPOSALS FOR OIL & GAS do it. I also ask unanimous consent to have LEASES I thank the Chair and wish everybody printed in the RECORD a copy of the The Native Village of Venetie Tribal Gov- a good day. proposed lease sale by the Gwich’in ernment hereby gives formal notice of inten- people of Venetie for their lands on the tion to offer lands for competitive oil and By Mr. HUTCHINSON: North Slope that they hold, which is gas lease. This request for proposals involves S. 2215. A bill to clarify the treat- about 1.8 million acres. It is necessary any or all of the lands and waters of the ment of nonprofit entities as non- that you understand the opposition. Venetie Indian Reservation, U.S. Survey No. 5220, Alaska, which aggregates 1,799,927.65 commercial educational or public This will give you a point of view that, acres, more or less, and is located in the Bar- broadcast stations under the Commu- indeed, the opposition was prepared to row and Fairbanks Recording Districts, nications Act of 1934; to the Committee lease their land. The only unfortunate State of Alaska. These lands are bordered by on Commerce, Science, and Transpor- problem was, there was no oil on it. the Yukon River to the South, the Christian tation. There being no objection, the mate- River to the East, the Chandalar River to the NONCOMMERCIAL BROADCASTING ELIGIBILITY rial was ordered to be printed in the West and are approximately 100 miles west of ACT OF 2000 the Canadian border on the southern slope of RECORD, as follows: Mr. HUTCHINSON. Mr. President, in the Brooks Range and about 140 miles East [From SC—Action Vol. II, January 6, 2000] of the Trans-Alaska Pipeline. Communities late-December 1999, the Federal Com- THE ARCTIC REFUGE NEEDS YOUR HELP: in the vicinity of the proposed sale include munications Commission took the un- This February 5–9, the Sierra Club, to- Arctic Village, Christian and Venetie. Bid- usual and aggressive step to restrict gether with the Alaska Wilderness League, ders awarded leases at this sale will acquire the programming of noncommercial the Wilderness Society and the National Au- the right to explore for, develop and produce television stations by not allowing cer- dubon Society, is hosting another National the oil and gas that may be discovered with- tain types of religious programming. Arctic Wilderness Week in Washington, DC. in the leased area upon specific terms and Within the context of a license trans- Support from the grassroots is the key to provisions established by negotiation, which fer involving a noncommercial tele- protecting the Arctic National Wildlife Ref- terms and provisions will conform to the vision station in Pittsburgh, PA, the uge and its fragile coastal plain—and this current Federal oil and gas lease where ap- plicable. FCC attempted to establish guidelines gathering will help arm you with the skills for what they felt were ‘‘acceptable’’ and knowledge you need be build support in Bidding method your own community. The bidding method will be cash bonus bid- educational religious programming. The commission states in the Addi- HANDS-ON TRAINING ding for a minimum parcel size of one-quar- ter of a township, or nine (9) sections, which tional Guidance section of their deci- Arctic Wilderness Week is your introduc- is 5,760 acres, more or less, and a minimum sion document that, ‘‘. . . program- tion to the campaign to protect the Arctic annual rent of $2.00 per acre. There shall be ming primarily devoted to religious ex- Refuge and its vast array of wildlife—polar a minimum fixed royalty of twenty bears, grizzlies, caribou, and thousands of hortation, proselytizing, or statements percentum (20%). migratory birds—from the ravages of oil and of personally-held religious views or gas development. If you can make it on Fri- Length of lease beliefs generally would not qualify as day night, the training begins with a potluck All leases will have an initial primary ‘general educational’ programming.’’ dinner and a chance to meet other like- term of five (5) years. As a former religious broadcaster, minded wilderness and environmental activ- Other terms of sale this type of misguided agenda coming ists. Saturday and Sunday offer two full days Any bidder who obtains a lease from the from a nonelected agency of the federal of intensive skills training, including mes- Native Village of Venetie Tribal Government government is very disturbing. My of- sage development, media communications as a result of this sale will be responsible for fice was flooded with letters and phone and legislative advocacy. All of it will be the construction of access roads and capital tied together with hands-on role playing and improvements as may be required. All oper- calls from Arkansans who were worried campaign planning exercises. ations on leased lands will be subject to prior that the Federal Government had fi- If you can stay longer, on Monday and approval by the Native Village of Venetie nally made an overt attempt to re- Wednesday we’ll brush up your lobbying Tribal Government as required by the lease. strict what religious programming we skills. You’ll be pounding the marble halls of Surface entry will be restricted only as nec- watch on television or listen to on the Congress, meeting with your own Congres- essary to protect the holders of surface in- radio. sional Representatives and Senators or their terests or as necessary to protect identified Surprisingly, the national media re- staffs. It’s your chance to make your voice surface-resource values. mained strangely quiet despite the se- Prior to the commencement of lease oper- heard! rious free speech implications and first WE’VE GOT YOU COVERED ations, an oil and gas lease bond for a min- imum amount of $10,000.00 per operation is amendment violation by the commis- We know your time is valuabel—so we required. This bonding provision does not af- sion’s ruling. don’t ask you to cover all of your expenses fect the Tribal Government’s authority to Soon after the FCC’s controversial for the trip. You pay a $40 registration fee require such additional unusual risk bonds decision, I sent a letter to Chairman (some scholarships available), and we’ll pay as may be necessary. Kennard, along with Senators NICKLES, for your travel to D.C., your hotel (two per room), a continental breakfast each morn- Bidding procedure HELMS, ENZI, and INHOFE, criticizing ing, and several dinners. Unfortunately, Proposals must be received by 12:00 p.m. the commission’s actions. Congressman space is limited. And we are making it a pri- sixty (60) days from the date of this Request OXLEY introduced legislation in the ority to bring in activists from a number of for Proposals, at the office of the Native Vil- House to address this issue. targeted states and media markets—where lage of Venetie Tribal Government, Atten- Although I am a cosponsor of Sen- tion, Mr. Don Wright, S. R. Box 10402, 1314 our public education efforts are most crit- ator BROWNBACK’s companion bill to ical. To find out if you’re eligible, contact Heldiver Way, Fairbanks, Alaska 99701, tele- phone (907) 479–4271. Congressman OXLEY’s bill, I do not be- Dana Wolfe of the Sierra Club at (202) 675– lieve this legislation to prevent future 6690. We’ll send you a packet of information Additional information about the battle to save the Arctic Refuge A more detailed map of reservation lands attempts by the FCC to restrict reli- and a tentation agenda for the wilderness and additional information on the proposed gious programming goes far enough. training. leases are available to the bidders and the That is why I am introducing S. 2215, Please join us in Washington and be a hero public by contacting Mr. Don Wright at the the ‘‘Noncommercial Broadcasting Eli- for America’s great Arctic wilderness! office identified above. gibility Act of 2000.’’ March 8, 2000 CONGRESSIONAL RECORD — SENATE S1319 Simply put, my bill would effectively ments of the Buy American Act. How- I ask unanimous consent that the bill deny the FCC the ability to create new ever, when FEMA awards taxpayer I am introducing today be printed in rules defining what is appropriate and money to state or local entities in the the RECORD. eligible programming for noncommer- form grants, those entities are not There being no objection, the bill was cial television and radio stations, while similarly required to comply with the ordered to be printed in the RECORD, as creating a ‘‘clear and simple test’’ and Buy American Act’s standards. This follows: guidance as to what programming non- disparity needs to be changed. S. 2216 commercial television and radio broad- Mr. President, the Buy American Be it enacted by the Senate and House of Rep- casters may broadcast. Act’s requirements should be applied to resentatives of the United States of America in This ‘‘clear and simple test’’ is based all FEMA non-emergency grants. It Congress assembled, on the well-established guidelines from should not make a difference whether SECTION 1. SHORT TITLE. section 501(c)(3) and 513 (a) and (c) of FEMA is directly spending federal tax This Act may be cited as the ‘‘Federal the Internal Revenue Code of 1986. dollars or passing those same federal Emergency Management Agency Buy Amer- By requiring the FCC to look to the tax dollars on to states or local govern- ican Compliance Act’’. well-established guidance used by the ments for them to spend. The Buy SEC. 2. APPLICABILITY OF BUY AMERICAN RE- QUIREMENTS TO FEMA ASSISTANCE. Internal Revenue Service and the American Act’s standards should apply (a) DEFINITIONS.—In this Act: courts in defining what is ‘‘substan- to all federal dollars distributed by FEMA for non-emergency situations, (1) AGENCY.—The term ‘‘Agency’’ means tially related’’ programming, my legis- the Federal Emergency Management Agen- lation gives noncommercial broad- no matter who is spending it. It is only cy. casters the ability to broadcast pro- right that we ensure that the American (2) AGREEMENT.—The term ‘‘Agreement’’ gramming that is ‘‘substantially re- people’s federal tax dollars are spent has the meaning given the term in section lated’’ to their tax-exempt purpose, according to the Buy American Act. 308 of the Trade Agreements Act of 1979 (19 whether it be educational, religious, or The Buy American Act is necessary U.S.C. 2518). (3) DIRECTOR.—The term ‘‘Director’’ means charitable. to protect American firms from unfair competition from foreign corporations. the Director of the Federal Emergency Man- It is clear that the FCC intended to agement Agency. restrict religious programming and Many of the nations we trade with have significantly lower labor costs (4) DOMESTIC PRODUCT.—The term ‘‘domes- may be inclined to do so in the future. than the United States. Without the tic product’’ means a product that is mined, The commission should not be allowed produced, or manufactured in the United safeguard provided by the Buy Amer- to circumvent the United States Con- States. ican Act foreign companies are able to stitution and pursue its own political (5) PRODUCT.—The term ‘‘product’’ means— underbid American companies on U.S. agenda. (A) steel; government contracts. Again, the Noncommercial Broad- (B) iron; and It is important to understand the (C) any other article, material, or supply. casting Eligibility Act of 2000 will help Buy American Act’s criteria for deter- (b) REQUIREMENT TO USE DOMESTIC PROD- prevent future misguided attempts by mining whether a product is foreign or UCTS.—Except as provided in subsection (c), the FCC to limit our rights which are domestic. The nation where the cor- the Director shall require, as a condition of protected by the first amendment to poration is headquartered is irrele- any financial assistance provided by the Agency on a nonemergency basis for a con- the United States Constitution. vant—the Buy American Act is focused I ask that my colleagues join me by struction project, that the construction upon the origin of the materials used project use only domestic products. cosponsoring this bill and making it in the construction project. In order to clear that the Senate will not stand (c) WAIVERS.— be considered an American product, the (1) IN GENERAL.—Except as provided in idly by as the FCC attempts to unilat- product in question has to fulfill the paragraph (2), the requirements of subsection erally decide what religious program- following two criteria; first; the prod- (b) shall not apply in any case in which the ming is in the public’s best interest. uct must be manufactured in the Director determines that— I think it is outrageous for a non- United States, and second; the cost of (A) the use of a domestic product would be elected agency to decide that a church the components manufactured in the inconsistent with the public interest; service is not educational or that cer- (B) a domestic product— United States must constitute over 50 (i) is not produced in a sufficient and rea- tain choral presentations do not fit percent of the cost of all the compo- their accepted definition of religious sonably available quantity; or nents used in the item. (ii) is not of a satisfactory quality; or education. It is time that we draw the My proposed legislation would stipu- (C) the use of a domestic product would in- line. This legislation will do that. I ask late that federal funds distributed by crease the overall cost of the construction my colleagues to join me in it. FEMA as financial assistance could project by more than 25 percent. only be used for projects in which the (2) LIMITATION ON APPLICABILITY OF WAIV- By Mr. CAMPBELL: manufactured products are American ERS WITH RESPECT TO PRODUCTS PRODUCED IN S. 2216. A bill to direct the Director made, according to the criteria estab- CERTAIN FOREIGN COUNTRIES.—A product of a of the Federal Emergency Management lished by the Buy American Act. The foreign country shall not be used in a con- Agency to require, as a condition of struction project under a waiver granted House version of this legislation has under paragraph (1) if the Director, in con- any financial assistance provided by been recently introduced by Congress- the Agency on a nonemergency basis sultation with the United States Trade Rep- man MICHAEL COLLINS of Georgia. resentative, determines that— for a construction project, that prod- Mr. President, it does not make sense (A) the foreign country is a signatory ucts used in the project be produced in that the American people’s hard earned country to the Agreement under which the the United States; to the Committee tax dollars should be allowed to slip head of an agency of the United States on Environment and Public Works. through a loophole that makes it pos- waived the requirements of this section; and THE FEDERAL EMERGENCY MANAGEMENT sible for some entities to avoid the Buy (B) the signatory country violated the AGENCY BUY AMERICAN COMPLIANCE ACT American Act. The Buy American Act Agreement under section 305(f)(3)(A) of the Trade Agreements Act of 1979 (19 U.S.C. Mr. CAMPBELL. Mr. President, should apply to all who spend FEMA today I am introducing the Federal 2515(f)(3)(A)) by discriminating against a do- non-emergency funds. When these fed- mestic product that is covered by the Agree- Emergency Management Agency Buy eral funds are passed down from FEMA ment. American Compliance Act, legislation to another government agency, those (d) CALCULATION OF COSTS.—For the pur- which would apply the requirements of other government agencies should also poses of subsection (c)(1)(C), any labor cost the Buy American Act to non-emer- be required to abide by the Buy Amer- involved in the final assembly of a domestic gency Federal Emergency Management ica Act. product shall not be included in the calcula- Agency (FEMA) assistance payments. Mr. President, I introduce this legis- tion of the cost of the domestic product. The Buy American Act was designed lation in order to ensure there is con- (e) STATE REQUIREMENTS.—The Director to provide a preference to American shall not impose any limitation or condition sistency in the law, with regard to on assistance provided by the Agency that businesses in the federal procurement FEMA and the provisions of the Buy restricts— process. Currently, when FEMA awards American Act. I hope my colleagues (1) any State from imposing more strin- grants for non-emergency projects, the will join me in supporting passage of gent requirements than this section on the agency itself adheres to the require- this pro-American measure. use of articles, materials, and supplies S1320 CONGRESSIONAL RECORD — SENATE March 8, 2000

mined, produced, or manufactured in foreign the National Zoo, is visited by millions of (b) SELECTION.—The design for the coins countries in construction projects carried Americans and people from all over the minted under this Act shall be— out with Agency assistance; or world each year; (1) selected by the Secretary, after con- (2) any recipient of Agency assistance from (4) the National Museum of the American sultation with the Commission of Fine Arts; complying with a State requirement de- Indian of the Smithsonian Institution (re- and scribed in paragraph (1). ferred to in this section as the ‘‘NMAI’’) was (2) reviewed by the Citizens Commemora- (f) REPORT ON WAIVERS.—The Director established by an Act of Congress in 1989, in tive Coin Advisory Committee. shall annually submit to Congress a report Public Law 101–185; SEC. 6. ISSUANCE OF COINS. on the purchases from countries other than (5) the purpose of the NMAI, as established (a) QUALITY OF COINS.—Coins minted under the United States that are waived under sub- by Congress, is to— this Act shall be issued in uncirculated and section (c)(1) (including the dollar values of (A) advance the study of Native Ameri- proof qualities. items for which waivers are granted under cans, including the study of language, lit- (b) MINT FACILITY.— subsection (c)(1)). erature, history, art, anthropology, and life; (1) IN GENERAL.—Only 1 facility of the (g) INTENTIONAL VIOLATIONS.— (B) collect, preserve, and exhibit Native United States Mint may be used to strike (1) IN GENERAL.—A person described in American objects of artistic, historical, lit- any particular quality of the coins minted paragraph (2) shall be ineligible to enter into erary, anthropological, and scientific inter- under this Act. any contract or subcontract carried out with est; and (2) SENSE OF CONGRESS.—It is the sense of financial assistance made available by the (C) provide for Native American research the Congress that the United States Mint fa- Agency in accordance with the debarment, and study programs; cility in Denver, Colorado should strike the suspension, and ineligibility procedures of (6) the NMAI works in cooperation with coins authorized by this Act, unless the Sec- subpart 9.4 of chapter 1 of title 48, Code of Native Americans and oversees a collection retary determines that such action would be Federal Regulations (or any successor regu- that spans more than 10,000 years of Amer- technically or cost-prohibitive. lation). ican history; (c) COMMENCEMENT OF ISSUANCE.—The Sec- (2) PERSONS INELIGIBLE TO RECEIVE CON- (7) it is fitting that the NMAI will be lo- retary may issue coins minted under this TRACT OR SUBCONTRACT.—A person referred to cated in a place of honor near the United Act beginning on January 1, 2001. in paragraph (1) is any person that a court of States Capitol, and on the National Mall; (d) TERMINATION OF MINTING.—No coins may be minted under this Act after Decem- the United States or a Federal agency (8) thousands of Americans, including ber 31, 2001. determines— many American Indians, came from all over (A) has affixed a label bearing a ‘‘Made in the Nation to witness the groundbreaking SEC. 7. SALE OF COINS. America’’ inscription (or any inscription ceremony for the NMAI on September 28, (a) SALE PRICE.—The coins issued under this Act shall be sold by the Secretary at a with the same meaning) to any product that 1999; price equal to the sum of— is not a domestic product that— (9) the NMAI is scheduled to open in the (1) the face value of the coins; (i) was used in a construction project to summer of 2002; (2) the surcharge required by subsection (d) which this section applies; or (10) the original 5-cent buffalo nickel, as with respect to such coins; and (ii) was sold in or shipped to the United designed by James Earle Fraser and minted (3) the cost of designing and issuing the States; or from 1913 through 1938, which portrays a pro- coins (including labor, materials, dies, use of (B) has represented that a product that is file representation of a Native American on machinery, overhead expenses, marketing, not a domestic product, that was sold in or the obverse side and a representation of an and shipping). shipped to the United States, and that was American buffalo on the reverse side, is a distinctive and appropriate model for a coin (b) BULK SALES.—The Secretary shall used in a construction project to which this make bulk sales of the coins issued under section applies, was produced in the United to commemorate the NMAI; and (11) the surcharge proceeds from the sale of this Act at a reasonable discount. States. (c) PREPAID ORDERS.— a commemorative coin, which would have no (1) IN GENERAL.—The Secretary shall ac- net cost to the taxpayers, would raise valu- By Mr. CAMPBELL (for himself, cept prepaid orders for the coins minted able funding for the opening of the NMAI and Mr. INOUYE, and Mr. LOTT): under this Act before the issuance of such help to supplement the endowment and edu- S. 2217. A bill to require the Sec- coins. cational outreach funds of the NMAI. retary of the Treasury to mint coins in (2) DISCOUNT.—Sale prices with respect to SEC. 3. COIN SPECIFICATIONS. prepaid orders under paragraph (1) shall be commemoration of the National Mu- (a) $1 SILVER COINS.—In commemoration of seum of the American Indian of the at a reasonable discount. the opening of the Museum of the American (d) SURCHARGES.—All sales of coins minted Smithsonian Institution, and for other Indian of the Smithsonian Institution, the under this Act shall include a surcharge of purposes; to the Committee on Bank- Secretary of the Treasury (hereafter in this $10 per coin. Act referred to as the ‘‘Secretary’’) shall ing, Housing, and Urban Affairs. SEC. 8. DISTRIBUTION OF SURCHARGES. mint and issue not more than 500,000 $1 NATIONAL MUSEUM OF THE AMERICAN INDIAN (a) IN GENERAL.—Subject to section 5134(f) coins, each of which shall— COMMEMORATIVE COIN ACT OF 2000 of title 31, United States Code, the proceeds (1) weigh 26.73 grams; from the surcharges received by the Sec- Mr. CAMPBELL. Mr. President, I ask (2) have a diameter of 1.500 inches; and unanimous consent that the text of the retary from the sale of coins issued under (3) contain 90 percent silver and 10 percent this Act shall be paid promptly by the Sec- bill be printed in the RECORD. copper. retary to the National Museum of the Amer- There being no objection, the bill was (b) LEGAL TENDER.—The coins minted ican Indian of the Smithsonian Institution ordered to be printed in the RECORD, as under this Act shall be legal tender, as pro- for the purposes of— follows: vided in section 5103 of title 31, United States (1) commemorating the opening of the Na- Code. S. 2217 tional Museum of the American Indian; and SEC. 4. SOURCES OF BULLION. Be it enacted by the Senate and House of Rep- (2) supplementing the endowment and edu- The Secretary may obtain silver for mint- cational outreach funds of the Museum of resentatives of the United States of America in ing coins under this Act from any available Congress assembled, the American Indian. source, including stockpiles established (b) AUDITS.—The National Museum of the SECTION 1. SHORT TITLE. under the Strategic and Critical Materials American Indian shall be subject to the This Act may be cited as the ‘‘National Stock Piling Act. audit requirements of section 5134(f)(2) of Museum of the American Indian Commemo- SEC. 5. DESIGN OF COINS. title 31, United States Code, with regard to rative Coin Act of 2000’’, or the ‘‘American (a) DESIGN REQUIREMENTS.— the amounts received by the museum under Buffalo Coin Commemorative Coin Act of (1) IN GENERAL.—The design of the $1 coins subsection (a). 2000’’. minted under this Act shall be based on the SEC. 9. FINANCIAL ASSURANCES. SEC. 2. FINDINGS. original 5-cent buffalo nickel designed by (a) NO NET COST TO THE GOVERNMENT.—The Congress finds that— James Earle Fraser and minted from 1913 Secretary shall take such actions as may be (1) the Smithsonian Institution was estab- through 1938. Each coin shall have on the ob- necessary to ensure that minting and issuing lished in 1846, with funds bequeathed to the verse side a profile representation of a Na- coins under this Act will not result in any United States by James Smithson for the tive American, and on the reverse side, a rep- net cost to the United States Government. ‘‘increase and diffusion of knowl- resentation of an American buffalo (also (b) PAYMENT FOR COINS.—A coin shall not edge’’;h known as a bison). be issued under this Act unless the Secretary (2) once established, the Smithsonian Insti- (2) DESIGNATION AND INSCRIPTIONS.—On has received— tution became an important part of the proc- each coin minted under this Act there shall (1) full payment for the coin; ess of developing the United States’ national be— (2) security satisfactory to the Secretary identity, an ongoing role which continues (A) a designation of the value of the coin; to indemnify the United States for full pay- today; (B) an inscription of the year ‘‘2001’’; and ment; or (3) the Smithsonian Institution, which is (C) inscriptions of the words ‘‘Liberty’’, (3) a guarantee of full payment satisfac- now the world’s largest museum complex, in- ‘‘In God We Trust’’, ‘‘United States of Amer- tory to the Secretary from a depository in- cluding 16 museums, 4 research centers, and ica’’, and ‘‘E Pluribus Unum’’. stitution, the deposits of which are insured March 8, 2000 CONGRESSIONAL RECORD — SENATE S1321 by the Federal Deposit Insurance Corpora- aging population is staggering in terms poses of such paragraph, the term ‘‘em- tion or the National Credit Union Adminis- of personal and national resources. Av- ployee’’ were considered to have the meaning tration Board. erage nursing home costs are projected of ‘‘employee’’ in (5) of this section. ‘‘Appropriate Secretary’’ means, except as By Mr. CLELAND (for himself, to increase from $40,000 per person per otherwise provided, the Secretary of Defense; year today to $97,000 by 2030. Medicare Ms. MIKULSKI, Mr. GRASSLEY, with respect to the United States Coast and regular health insurance programs Mr. AKAKA, Mr. WARNER, Mr. Guard when it is not operating as a service do not cover most long-term care SARBANES, and Mr. ROBB): of the Navy, the Secretary of Transpor- S. 2218. A bill to amend title 5, needs. Medicaid can offer some long- tation; with respect to the commissioned United States Code, to provide for the term care support, but generally re- corps of the National Oceanic and Atmos- pheric Administration, the Secretary of establishment of a program under quires ‘‘spend-down’’ of income and as- sets to qualify. Additionally, very few Commerce; and with respect to the commis- which long-term care insurance is sioned corps of the Public Health Service, made available to Federal employees employers offer a long-term care insur- the Secretary of Health and Human Services. and annuitants and members of the ance benefit to their employees. We ‘‘Eligible individual’’ means (A) an annu- uniformed services, and for other pur- hope that our legislation will be a itant, employee, member of the uniformed poses; to the Committee on Govern- model that other employers will use in services, or retired member of the uniformed mental Affairs. providing long-term care insurance for services, or (B) a qualified relative of an in- dividual described in (A). FEDERAL EMPLOYEES AND UNIFORMED SERV- their employees and will lessen the fi- nancial burden on the Medicare and ‘‘Employee’’ means an employee as defined ICES GROUP LONG-TERM CARE INSURANCE ACT under section 8901(1)(A) through (D) and (F) OF 2000 Medicaid programs. through (I), but does not include an em- Mr. CLELAND. Mr. President, and Working families are too often being ployee excluded by regulation of the Office Members of the Senate, I am very forced to choose between sending a under section 9010, and an individual de- pleased to join with my distinguished child to college and paying for a nurs- scribed under section 2105(e). colleagues, Senators BARBARA MIKUL- ing home for a parent. Families des- ‘‘Member of the uniformed services’’ means SKI and CHARLES GRASSLEY, to intro- perately need the tools to help them- a person who (A) is a member of the uni- duce our proposal for the largest em- selves and to meet their family respon- formed services on active duty for a period of sibilities. more than 30 days; or is a member of the Se- ployer-based long-term care insurance lected Reserve as defined under section 10143 program in American history. Today, Consider these astounding statistics: Almost 6 million Americans aged 65 of title 10, including members on (1) full- we are introducing the Federal Em- time National Guard duty as defined under ployees and Uniformed Services Group or older currently need long-term care. section 101(d)(5) of title 10; or (2) active As many as six out of 10 Americans Long-Term Care Insurance Act of 2000. Guard and Reserve duty as defined under sec- At age 25, I returned from Vietnam have experienced a long-term care need tion 101(d)(6) of title 10; and (B) satisfies such facing the potential need for long-term either for themselves or a family mem- eligibility requirements as the Office pre- care. I did not have the opportunity to ber. scribes under section 9010. 41% of women in caregiver roles quit ‘‘Office’’ means the Office of Personnel plan for those needs and I was fortu- their jobs or take family medical leave Management. nate to avoid that outcome through to care for a frail older parent or par- ‘‘Qualified carrier’’ means a company or the support of my family and the won- ent-in-law. consortium licensed and approved to issue derful military health care system and 80% of all long-term care services are group long-term care insurance in all States VA system I encountered. Our legisla- and to do business in each of the States. provided by family and friends. ‘‘Qualified relative’’ as used with respect tion will provide federal employees, The need for this legislation is clear. members of the Uniformed Services, in- to an eligible individual in this section By working together in a bipartisan co- means the spouse of such individual; a par- cluding Reservists and the National operative spirit my fellow sponsors and ent or parent-in-law of such individual; and Guard, retirees, spouses, parents and I have bridged some significant dif- any other person bearing a relationship to parents-in-law with the opportunity to ferences in approach to craft a proposal such individual specified by the Office in reg- plan for assistive care needs that be- which should have widespread support ulations. ‘‘Retired member of the uniformed serv- come a necessity for all of us at some in the Senate. I hope and expect that time in our lives. ices’’ means a member of the uniformed serv- we will take up and pass this bill this ices entitled to retired or retainer pay (other Currently there are several measures year. Those who have served, and are pending in the Senate which offer dif- than chapter 1223 of title 10) who satisfies now serving, our nation deserve noth- such eligibility requirements as the Office ferent approaches to providing long- ing less. prescribes under section 9010. term care insurance to federal and I ask unanimous consent that the ‘‘State’’ means a State of the United military employees and their families. Section-by-Section Analysis of this bill States, and includes the District of Colum- Our bill represents a carefully consid- be printed in the RECORD. bia. ered compromise between these com- There being no objection, the mate- New section 9002 provides that any eligible peting approaches. individual may obtain coverage under this rial was ordered to be printed in the chapter; that a qualified relative must pro- The Cleland-Mikulski-Grassley bill RECORD, as follows: combines the features of our original vide documentation to demonstrate the rela- FEDERAL EMPLOYEES AND UNIFORMED SERV- tionship as prescribed by the Office, and; an proposals, S. 894, S. 57 and S. 36, as well ICES GROUP LONG-TERM CARE INSURANCE individual is not eligible for coverage if the as additional provisions to produce the ACT—SECTION-BY-SECTION ANALYSIS individual would be immediately eligible to most comprehensive proposal for an (To amend title 5, United States Code, to receive benefits upon obtaining coverage. employer-based long-term care insur- provide for the establishment of a program New section 9003 provides the contracting ance program. Our legislation will: under which long-term care insurance is authority for the Office to use in estab- One, allow federal employees, mem- made available to Federal employees and lishing and operating the Program. bers of the Uniformed Services and annuitants and members of the uniformed Paragraph 1 of subsection (a) of this sec- Foreign Service, Reservists and retir- services, and for other purposes) tion provides that the Office is authorized to contract with carriers for a policy or policies ees, spouses, parents, and parent-in- Section 1 of the bill titles the bill as the ‘‘Federal Employees and Uniformed Services of group long-term care insurance for bene- laws to purchase long-term care insur- fits specified in this chapter, without regard ance at group rates. Group Long-Term Care Insurance Act of 2000.’’ to section 3709 of the Revised Statutes (41 Second, have premiums based on age Section 2 of the bill amends title 5, United U.S.C. 5) or any other statute requiring com- (premiums are expected to be 10%–20% States Code, to provide for the establishment petitive bidding. less than on the open market). and operation of the Program by adding a Paragraph (2) of this subsection states that Third, provide individuals with op- new chapter 90. the Office shall contract with a primary car- tions, including cash reimbursements New section 9001 provides the definitions rier for the assumption of risk; no less than for family caregivers, tax exemptions used in the administration of the Program. 2 qualified carriers to act as reinsurers; and; as many qualified carriers as necessary to under the Health Insurance Portability Included are the following: ‘‘Activities of daily living’’ includes eat- administer this chapter, which shall also act and Accountability Act (HIPAA), and ing, toileting, transferring, bathing, dress- as reinsurers. The Office will ensure that portability of benefits. ing, and continence. each contract is awarded on the basis of con- The current forecast for the cost of ‘‘Annuitant’’ has the meaning such term tractor qualifications, price, and reasonable meeting long-term care needs of our would have under section 8901(3), if for pur- competition to the extent practicable. This S1322 CONGRESSIONAL RECORD — SENATE March 8, 2000 provision ensures that at least 3 companies for a period of at least 90 days or substantial such that benefits payable under the medical or consortia will participate in the Program. supervision of the individual to protect such assistance program of title XIX of the Social Subsection (b) gives the Office the author- individual from threats to health and safety Security Act and any other Federal or State ity to design a benefits package or packages due to severe cognitive impairment; (4) program that the Office may specify in regu- and negotiate final offerings with qualified choice of service benefits; (5) availability of lations that provide health coverage des- carriers. inflation protection; (6) portability of bene- ignated to be secondary to other insurance Subsection (c) provides that each contract fits; (7) length-of-benefit options; (8) options coverage are secondary to benefits paid shall contain a detailed statement of the relating to flexible long-term care benefit under this chapter. benefits offered, including any limitations or options regarding care modalities, such as New section 9009 specifies that a claimant exclusions, the rates charged, and other nursing home care, assisted living care, may file suit against a carrier of the long- terms and conditions as may be agreed upon home care, and care by family members; (9) term insurance policy covering such claim- by the Office and the carrier involved can be options relating to elimination periods; and ant in the district courts of the United consistent with the provisions of this chap- (10) options relating to nonforfeiture bene- States, after exhausting all available admin- ter. fits. istrative remedies. Subsection (d) provides that premium rates New section 9005 addresses the financing of New section 9010 requires the Office, in shall reasonably reflect the cost of the bene- the Program and makes clear that each indi- subsection (a), to prescribe regulations to fits provided under a contract, as determined vidual enrolled for coverage must pay 100 carry out the requirements of this chapter. by the Office. percent of the charges for such coverage. Subsection (b) of this section that the Of- Subsection (e) provides that the coverage Subsections (b) through (d) of this section fice shall prescribe the time at which and and benefits under this section shall be guar- provide for the withholding of premium from manner and conditions under which an indi- anteed renewable and may not be canceled the pay of an employee or member of the vidual can obtain or continue long-term care except for nonpayment of premium. uniformed services or the annuity of an an- insurance, including the length of time for Subsection (f) gives the Office the author- nuitant or retired member of the uniformed the first opportunity to enroll, the minimum ity to withdraw an offering based on open services. Withholdings for a qualified rel- period of coverage required for portability, season participation rates, the composition ative, may at the discretion of the individual and provisions for periodic coordinated en- of the risk pool, or both. related to the relative, be withheld from pay rollment. Subsection (g) requires each contract to as if the enrollment were for the qualified Subsection (c) provides that the Office can- provide insurance, payment, or benefits to relative. An enrollee whose pay, annuity, or not exclude an employee or group of employ- an individual if the Office, or a designated retired or retainer pay is insufficient to ees solely on the basis of the hazardous na- party, determines the individual is entitled cover the withholding is required to remit ture of employment or part-time employ- to such under the contract. The subsection the full amount of premiums directly to the ment. Subsection (d) specifies that any regula- also requires reinsurers under (a)(2)(A)(ii) to carrier. tions necessary to effect the application and participate in administrative procedures to Subsection (e) of this section requires each operation of this chapter with respect to an effect an expeditious resolution of disputes carrier to account for all funds under this eligible individual or qualified relative shall arising under such contract, and where ap- chapter separate and apart from funds unre- be prescribed by the Office in consultation propriate, one or more means of dispute lated to this chapter. Subsection (f) of this section specifies that with the appropriate Secretary. resolution. The Technical and Conforming Amend- Subsection (h) provides in paragraph (1) a contract under this chapter must include ment amends the table of chapters for part that each contract shall be for a term of five provisions under which the carrier must re- imburse the Office or other administering III of title 5, United States Code, by insert- years, unless terminated earlier by the Of- ing, after the item relating to chapter 89, the fice. The rights and responsibilities of the agency for administrative costs incurred by the Office or other agency, including imple- new reference to chapter 90, Long-Term Care enrolled individual, the insurer, and the Of- Insurance. fice (or a duly designated third party) under mentation costs. These costs are considered allocable to the carrier. Reimbursements Section 3 of the bill authorizes the appro- any contract shall continue until the termi- priations of such sums as may be necessary nation of coverage of the individual. under this section, except for the initial costs of implementation, must be deposited to pay for costs incurred by the Office in the Paragraph (2) of subsection (h) specifies implementation of chapter 90, title 5, United that the termination of coverage shall occur in the Employees Health Benefits Fund and held in a separate Long-Term Care Insurance States Code, from enactment of this Act to upon the occurrence of death, the exhaustion the date on which long-term care insurance of benefits, or nonpayment of premium as Account. This account is available without limitation to the Office for purposes of this coverage first becomes effective. Any reim- specified in subsection (e). bursements of such costs by carriers under Paragraph (3) of subsection (h) provides chapter. New section 9006 provides that this chapter 9005(f) of title 5, United States Code, are to that each contract under this section shall be deposited in the General Fund. be consistent with regulations of the Office shall supersede and preempt any State or local law, or law of a territory or possession, Section 4 provides that the amendments under section 9010 to (1) preserve all parties’ which is inconsistent with the provisions of made by this Act will be effective on the rights and responsibilities under such con- this chapter or, after consultation with the date of enactment. However, this section tracts, notwithstanding the termination of National Association of Insurance Commis- also provides that coverage will be effective such contract and (2) ensure that once an in- sioners, the efficient provision of a nation- under this Act not later than the first day of dividual is enrolled, the coverage will not wide long-term care insurance Program for the first fiscal year beginning more than 2 terminate due to any change in status, such Federal employees. An exception applies to years after the date of enactment. This time as separation from Government service or any financial requirement by a State or Dis- frame is necessary to negotiate contracts, the uniformed services, or ceasing to be a trict of Columbia that is more stringent preparation of materials, and the large task qualified relative. than the requirements of 9004(b)(1). of educating the millions of potential enroll- Subsection (i) specifies that nothing in this New section 9007 provides that each quali- ees about this Program. chapter shall be construed to grant author- fied carrier entering into a contract with ∑ Ms. MIKULSKI. Mr. President, I rise ity to the Office or a third party to change this Office shall provide such reasonable re- today as a proud cosponsor of the the rules under which the contract operates ports as the Office determines necessary to for disputed claims purposes. ‘‘Federal Employees and Uniformed carry out its functions and permit the Office Services Group Long-Term Care Insur- New Section 9004 specifies the long-term and the General Accounting Office to exam- care benefits to be provided under this chap- ine the records of the carrier. It also requires ance Act of 2000.’’ This important piece ter. Federal agencies to keep records and certifi- of legislation represents a carefully Subsection (a) states that benefits under cations, and furnish the Office, the carrier, considered compromise between sev- this chapter will be long-term care insurance or both with information the Office may re- eral bills currently pending in the Sen- under qualified long-term care insurance quire. ate. contracts within the meaning of section New section 9008 addresses claims for bene- I would like to thank Senator 7702B of the Internal Revenue Code. Addi- fits under this chapter. CLELAND and Senator GRASSLEY for all tionally, as determined appropriate by the Subsection (a) of this section requires that Office, the benefits under such contracts will claims be filed within 4 years after the date of their hard work in coming to a con- be consistent with the more stringent of the on which the reimbursable cost was incurred sensus on how best to provide federal most recent standards of the National Asso- or the service was provided. and military employees, retirees, and ciation of Insurance Commissioners or such Subsection (b)(1) provides that benefits their families with the opportunity to standards as recommended in 1993. payable under this chapter are secondary to purchase long-term care insurance. Subsection (b) of this requires each con- any other benefit payable for such cost or Since my first days in Congress, I tract under this chapter to provide for: (1) service, e.g., workers’ compensation, no-fault have been fighting to help people afford adequate consumer protections; (2) adequate insurance. It also provides that no benefit is the burdens of long-term care. Ten protections in the event of carrier bank- payable where no legal obligation exists to ruptcy; (3) the availability of benefits upon pay. years ago, I introduced legislation to certification as to the individual’s inability Paragraph (2) of subsection (b) specifies change the cruel rules that forced el- to perform at least 2 activities of daily living the exceptions to the policy in paragraph (1) derly couples to go bankrupt before March 8, 2000 CONGRESSIONAL RECORD — SENATE S1323 they could get any help in paying for care needs. Starting with the nation’s More and more Americans are requir- nursing home care. Because of my leg- largest employer also raises awareness ing long-term care. About 5.8 million islation, AARP tells me that we’ve and education about long-term care op- Americans aged 65 or older require kept over six hundred thousand people tions. long-term, care due to illness or dis- out of poverty and stopped liens on I have a second reason for starting ability. An approximately equal num- family farms. with our federal employees. I am a ber of children and adults under the I also fought for higher quality strong supporter of our federal employ- age of 65 also require long-term care standards for nursing homes. Through ees. I am proud that so many of them because of health conditions from birth the Older Americans Act, seniors have live, work, and retire in Maryland. or a chronic illness developed later in easier access to information and refer- They work hard in the service of our life. rals they need to make good choices country. And I work hard for them. The need for long-term care is great. about long-term care. I am also work- Whether it’s fighting for fair COLAs, By the year 2030, the number of Ameri- ing hard to create a National Family lower health care premiums, or to pre- cans age 65 years or older will double, Caregivers Program, so that families vent unwise schemes to privatize im- from 34.3 to 69.4 million. The cost of can access comprehensive information portant services our federal workforce nursing home care now exceeds $40,000 when faced with the dizzying array of provide, they can count on me. per year in many parts of the country, choices in addressing the long-term One of my principles is ‘‘promises and home care visits for nursing or care needs of a family member. made should be promises kept.’’ Fed- physical therapy runs about $100 per These are important steps. But un- eral retirees made a commitment to visit. In 1996, over $107 billion was fortunately, we haven’t made much devote their careers to public service. spent on nursing homes and home progress in the last few years. We’ve In return, our government made cer- health care. However, this figure does been stymied by partisan bickering, tain promises to them. One important not take into account that fully 80 per- shutdowns, and inaction. The long- promise made was the promise of cent of all long-term care services are term care crisis needs a long-term care health insurance. The lack of long- provided by family and friends. solution. I am pleased to say that this term care for federal workers has been In my own state of Hawaii, 13.2 per- new bipartisan legislation puts an im- a big gap in this important promise to cent of the population is persons 65 and portant down payment on this solu- our federal workers. This legislation older. Although Hawaii enjoys one of tion. will close that gap and provide our fed- the highest life expectancies—79 years, Despite past disagreements on ap- eral workers and retirees with com- compared to a national average of 75 proaches to financing long-term care, prehensive health insurance. years—the state’s rapidly aging popu- everyone agrees that the crisis is grow- Mr. President, I reiterate my com- lation will greatly impact available re- ing. Nursing home costs are projected mitment to finding long-term solutions sources for long-term care, both insti- to increase from $40,000 today to $97,000 to the long-term care problem. I am tutional and from non-institutional by 2030. This will only get worse since proud that this bipartisan bill takes an sources. Hawaii’s long-term care facili- the number of senior citizens will dou- important step forward in helping all ties are operating at full capacity. Ac- ble over the next thirty years. Families Americans to prepare for the chal- cording to the Hawaii State Depart- are being forced to choose between lenges facing our aging population.∑ ment of Health, the average occupancy sending a child to college or paying for Mr. AKAKA. Mr. President, it is with rate peaked at 97.8 percent in 1994. But a nursing home for a parent, or a par- great pleasure that I cosponsor the occupancy remains high. By 1997, the ent-in-law. I think that is wrong. Federal Employees and Uniformed average occupancy dropped to 90 per- Consider these sobering statistics: Services Long-Term Care Group Insur- cent. At least 5.8 million Americans aged 65 or ance Act of 2000, introduced by the These statistics point to the over- older currently need long-term care Senator from Georgia [Mr. CLELAND], riding need to help American families As many as six out of 10 Americans have the ranking minority member of the provide dignified and appropriate care experienced a long-term care need HELP Aging Subcommittee [Ms. MI- to their parents and relatives. We know 41 percent of women in caregiver roles quit KULSKI], and the chairman of the Spe- that the demand for long-term care their jobs or take family medical leave to care for a frail older parent or parent-in-law cial Committee on Aging [Mr. GRASS- will increase with each passing year, 80 percent of all long-term care services LEY]. This bipartisan legislation is tes- and that federal, state, and local re- are provided by family and friends tament to what can be accomplished sources cannot cover the expected Families desperately need the tools when members from both sides of the costs. Nursing home costs are expected to help themselves and meet their fam- aisle have a common goal. I salute the to reach $97,000 by the year 2030. ily responsibilities. This bill is the first months-long effort undertaken by my What Congress can do, however, is step in helping all Americans do just colleagues and their staffs to bring this make long-term care insurance avail- that. Let me tell you what our new leg- compromise bill to fruition. able to a broad segment of the popu- islation will do: As the ranking minority member of lation and offer a model for the private the Subcommittee on International Se- sector. The bill introduced today will It will enable federal and military workers, retirees and their families to purchase long- curity, Proliferation, and Federal Serv- provide quality group long-term care term care insurance ices, with direct jurisdiction over this insurance to the nation’s federal em- It will provide help to those who practice measure, I am mindful that there are ployees, including postal workers, self-help by offering employees the option to several long-term care bills pending be- members of the Foreign Service, and better prepare for their retirement and the fore the Subcommittee. However, I Uniformed Services. Retirees of these potential need for long-term care would like to point out that the three agencies and their spouses, parents, It will enable federal employees to buy pending bills, S. 894, S. 57, and S. 36, are and parents-in-law will be eligible to long-term care insurance at group rates— they are projected to be 10%–20% below open original proposals introduced by the participate, and employees in a ‘‘de- market rates. Senators from Georgia, Maryland, and ferred annuitant status’’ can enroll Participants will pay the entire premium Iowa, who have combined features from when retirement benefits are acti- but because of the lower premium this is a each of their bills to craft a measure vated. The bill has broad-based sup- good deal for federal workers—and for tax- that will address the long-term care in- port, including endorsement by the Na- payers surance needs of federal and military tional Treasury Employees Union and I’m starting with federal employees personnel and their families. the National Association of Retired for two reasons. First, as our nation’s Many Americans mistakenly believe Federal Employees, two federal em- largest employer, the federal govern- that Medicare and their regular health ployee unions, as well as the Military ment can be a model for employers insurance programs will pay for long- Consortium, an organization of the around the country. By offering long- term care. They do not. Although Med- major military groups. term care insurance to its employees, icaid provides some long-term care The proposal parallels portions of the the federal government can set the ex- support, an individual generally must President’s four-part initiative de- ample for other employers whose work- ‘‘spend-down,’’ his or her income and signed to address long-term health, in- force will be facing the same long-term assets to qualify for coverage. cluding having the federal government S1324 CONGRESSIONAL RECORD — SENATE March 8, 2000 serve as a model employer by offering the use of a mortgage, a set schedule of If this system is adopted, by the year quality private long-term care insur- payment. When I was crafting the 2021 the entire debt owed to the public ance to federal employees. The bill in- American Debt Repayment Act I stud- will be zero. troduced today allows the Office of ied this traditional form of payment We must have a plan to repay the Personnel Management to use its mar- and applied it to the enormous federal debt. When we have a plan and a repay- ket leverage to offer enrollee-paid debt. Two short years later the outlook ment schedule, just like you have on quality private long-term care insur- has somewhat changed as the federal your home mortgage, we will have the ance to federal employees, military government has run, and is estimated ability to cut taxes. A plan provides personnel, retirees, and their families to continue to run, an on-budget sur- certainty and structure. I believe that at group rates. Participants would pay plus. During the previous two budget anyone concerned with the national the full premium, whose costs are ex- cycles we have witnessed an eagerness debt or tax cuts will understand the pected to be 10–20 percent lower than to spend more and more money. On- need for a responsible repayment open market rates. There would be op- budget surplus dollars have become schedule. tions, including cash reimbursement lumped in to the appropriations proc- In addition to the on-budget surplus for family care givers, tax exemptions ess to allow for increased spending. We payment required by this legislation, I have added language to require that under the Health Insurance Portability have seen the results yielded by our until such time as serious Social Secu- and Accountability Act (HIPAA), and time of prosperity as surplus money rity reform is implemented Social Se- portability benefits—features that will has been used to raise the discre- curity surplus dollars must also be provide enrollees the ability to tailor tionary spending level, allowing Con- dedicated to the repayment of debt policies to individual needs. gress to shy away from making some owed to the public. Every Member of Mr. President, I am pleased to be an hard choices. The willingness to spend this body is aware of the enormous ob- original cosponsor of this bill, which surplus dollars is so strong, in fact, ligation this country has made to will offer federal employees, uniformed that when Congress adjourned last fall present and future Social Security re- service personnel, retirees, and their there was no real certainty as to cipients. Policy makers must address families an opportunity to plan for fu- whether we spent all of the on-budget the future solvency of Social Security. ture long-term care needs in a respon- surplus and then dipped into Social Se- I am not here today, and my legisla- sible manner. I foresee this proposal as curity Trust Fund dollars. This, quite tion is not drafted, to address this vital serving as a model for the private sec- simply, is no way to run any enter- issue. What my legislation will do, tor and state and local governments, prise. Flowing surplus money back into however, is dedicate surplus Social Se- and I again thank my colleagues for discretionary spending to the extent curity dollars to debt repayment until their diligence in crafting this com- that Social Security money would be the Congress can generate an appro- promise measure. jeopardized is bad policy. priate, long term fix to the obstacles Today I rise to offer legislation that By Mr. ALLARD: that stand in the way of this program. S. 2220. A bill to protect Social Secu- offers not only an opportunity to con- In recent weeks the distinguished rity and provide for repayment of the trol the impulse to spend surplus dol- Speaker of the House and the President have talked a great deal publicly about Federal debt; to the Committee on the lars, but would eliminate the entire seizing the unprecedented opportunity Budget and the Committee on Govern- three-point-six trillion dollar debt that lies before us—to pay down this mental Affairs, jointly, pursuant to the owed to the public, save over three tril- nation’s debt. Testifying before the order of August 4, 1977. lion dollars in interest, and protect the Social Security program from annual Senate Banking Committee in Janu- THE AMERICAN SOCIAL SECURITY PROTECTION discretionary appropriations raids. It is ary, Federal Reserve Chairman Alan AND DEBT REPAYMENT ACT Greenspan strongly urged Congress to Mr. ALLARD. Mr. President, I rise simple legislation in the model of the use surplus dollars to pay down the today to join my colleagues in this im- American Debt Repayment act, pro- debt. Chairman Greenspan stated that portant discussion about the federal viding dedicated debt repayment over a his, quote, first priority would be to budget, the budget surplus, and the twenty year period. allow as much of the surplus to flow American government’s economic fu- Beginning with the fiscal year 2001 and for every year thereafter my legis- through into a reduction in debt to the ture. When I first came to Congress in public, unquote. This dialogue has been 1992 the discussion was radically dif- lation requires that the federal govern- ment maintain a balanced budget. As tremendously helpful in further draw- ferent. The concept of a budget surplus, ing the attention of the public and let alone long term projections for a most families and business owners know, you must live within your elected officials to the importance of surplus, was foreign. The notion that a debt repayment. As many of my col- national debt measured in trillions means. It is fair and equitable that the federal government live under the leagues can attest, and as I have expe- could ever be paid off was practically rienced in my numerous town meetings science fiction. While 1992 was only same parameters. I believe that this is the first and most essential step in fed- around my home state of Colorado, this eight years ago, we stand on the floor is an issue the public understands. It is of the Senate today a million miles eral budget accountability and debt re- payment. an issue basis common sense, equity away from the bleak fiscal outlook of and responsibility. those times. But we must be careful. My legislation further provides that This legislation is a call to action While our present fiscal condition may Congress must budget for a surplus and accountability. It demands that be rose colored, fiscal irresponsibility that will be dedicated to the repay- this country and this Congress recog- and a refusal to wisely use the budget ment of the publicly held portion of the nize the debt it has created. It struc- surplus can not only lead us back to debt. Specifically, in fiscal year 2001 tures a disciplined, fiscally responsible our deficit spending ways of the past, Congress must use fifteen billion dol- schedule for the repayment of our debt. but it will threaten the fiscal health of lars of on-budget surplus receipts to In the process it is my hope that this our nation for yet another generation pay down the debt. Every succeeding legislation will serve to generate great- of Americans. I am here today to urge year the amount of debt payment must er fiscal responsibility with every ap- my colleagues to address the responsi- increase by fifteen billion dollars, so propriations cycle, prevent future def- bility that comes with a five-point- the amount Congress must budget for icit spending, and save the taxpayer seven trillion dollar debt. and pay toward the debt in fiscal year more than three trillion dollars in in- During the 105th Congress I intro- 2002 will be thirty billion dollars, forty- terest payments. That is three trillion duced the American Debt Repayment five billion in fiscal year 2004, and so dollars that would be far better spent Act. This legislation provided an amor- on. If Congress can remain within the on necessary expenditures, the tization schedule for the repayment of framework of a spending freeze at fis- strengthening of Social Security, and the national debt. The largest purchase cal year 2000 levels the entire amount tax cuts. an average American family will ever of annual payment will fit within the Mr. President, I ask unanimous con- make is the purchase of a home. This projected amount of federal on-budget sent that the text of the bill, the Amer- expenditure is made possible through surplus. ican Social Security Protection and March 8, 2000 CONGRESSIONAL RECORD — SENATE S1325 Debt Repayment Act, be printed in the provide emergency assistance to dairy Wisconsin don’t have time. They need RECORD. producers; to the Committee on Agri- relief. There being no objection, the bill was culture, Nutrition, and Forestry. So, today I am introducing a bill to ordered to be printed in the RECORD, as FINANCIAL RELIEF FOR DAIRY FARMERS provide $500 million in direct income follows: Mr. KOHL. Mr. President, I rise to in- relief payments to dairy farmers S. 2220 troduce legislation to help relieve the throughout the nation. The money is Be it enacted by the Senate and House of Rep- financial crisis in the dairy industry. targeted to small scale farms—those resentatives of the United States of America in Last fall, milk prices took their least able to withstand these wild price Congress assembled, steepest dive in history and fell to fluctuations. I am pleased to be joined SECTION 1. SHORT TITLE. their lowest level in more than two by Senators FEINGOLD, SPECTER, This Act may be cited as the ‘‘American decades. GRAMS, SANTORUM, and SCHUMER on Social Security Protection and Debt Repay- This is particularly devastating for this legislation. Mr. President, I hope ment Act’’. to include this funding in the upcoming SEC. 2. BALANCED BUDGET REQUIREMENT. farmers in Wisconsin who milk on av- Beginning with fiscal year 2001 and for erage only about 55 cows. These farm- supplemental appropriations bill. every fiscal year thereafter, budgeted out- ers have particularly tight margins and This will put money in the pockets of lays shall not exceed budgeted revenues. are less able to withstand low milk dairy farmers now, when they most SEC. 3. REDUCTION OF NATIONAL DEBT. prices that USDA forecasts will con- need it. Not a year from now when (a) IN GENERAL.—Beginning with fiscal tinue through the year. many of them will have already sold year 2001 and for every fiscal year thereafter, Dairy farmers continue to call my of- their cows. actual revenues shall exceed actual outlays fice in despair. Some farmers can’t Let me emphasize that this is a na- in order to provide for the reduction of the meet their feed bills, even though feed tional solution to a national problem. Federal debt held by the public as provided prices remain relatively low. Mean- It is not a regional fix. It does not ex- in subsections (b) and (c). clude any dairy farmer from participa- (b) AMOUNT.—The on budget surplus shall while, other input costs, like fuel and be large enough so that debt held by the pub- interest rates, are rising. Auctions in tion. And it does not help some at the lic will be reduced each year beginning in fis- the countryside return little to farmers expense of others. It helps all dairy cal year 2001. The amount of reduction re- who have made the difficult decision to farmers. But it is, like last year’s funding, quired by this subsection shall be quit dairying; their neighbors can’t af- merely a bandage to stop the bleeding. $15,000,000,000 in fiscal year 2001 and shall in- ford even the insanely discounted crease by an additional $15,000,000,000 every Dairy farmers everywhere need a prices for equipment. fiscal year until the entire debt owed to the meaningful safety net, not regional Are the trials facing farmers mark- public has been paid. milk cartels. I urge my colleagues who edly different than the difficult condi- (c) SOCIAL SECURITY SURPLUS AND DEBT RE- have sought regional solutions to de- PAYMENT.— tions that other producers have faced pressed dairy farm income to join me (1) IN GENERAL.—Until such time as Con- over the last several years? No. But in my efforts to fight for a new, na- gress enacts major social security reform what is different is the level of assist- tional dairy policy that will provide legislation, the surplus funds each year in ance that dairy farmers have received both an adequate safety net and hope the Federal Old Age and Survivors Insurance from the federal government relative Trust Fund and the Federal Disability Insur- to dairy farmers across the nation. ance Trust Fund shall be used to reduce the to other commodities. debt owed to the public. This section shall The dairy price support program By Mr. KERRY (for himself, Mr. not apply beginning on the fiscal year after costs only about $150 million per year. HOLLINGS, and Mr. INOUYE): social security reform legislation is enacted That stands in contrast to the more S. 2223. A bill to establish a fund for by Congress. than $14 billion spent in AMTA pay- the restoration of ocean and coastal re- (2) DEFINITION.—In this subsection, the ments and Loan Deficiency Payments sources, and for other purposes; to the term ‘‘social security reform legislation’’ provided to other producers last year. Committee on Commerce, Science, and means legislation that— Anticipating a price decline in dairy, Transportation. (A) insures the long-term financial sol- Congress provided $325 million for vency of the social security system; and COASTAL STEWARDSHIP ACT (B) includes an option for private invest- dairy market loss payments. Compare ∑ Mr. KERRY. Mr. President, I rise to ment of social security funds by bene- that to the $15 billion provided to crop introduce an amended version of the ficiaries. producers over the last two years. Coastal Stewardship Act, which I offer SEC. 4. POINT OF ORDER AND WAIVER. While milk producers are happy for the along with Senators HOLLINGS and (a) POINT OF ORDER.—It shall not be in extra help, most have told me that it INOUYE. The purpose of introducing order to consider any concurrent resolution simply is not enough given. Milk prices this amended version is to provide a on the budget that does not comply with this fell far lower than anticipated. And blueprint for how we believe the Senate Act. now we must do more. (b) WAIVER.—Congress may waive the pro- should address coastal and marine visions of this Act for any fiscal year in On top of this injustice, Midwest issues in larger proposals that allocate which a declaration of war is in effect. dairy farmers, where much of the na- revenues from oil and gas exploration SEC. 5. MAJORITY REQUIREMENT FOR REVENUE tion’s milk supply is produced, also in the Outer Continental Shelf (OCS) to INCREASE. suffer from lower income resulting the States for conservation. This No bill to increase revenues shall be from the discriminatory pricing under amended version creates the Ocean and deemed to have passed the House of Rep- the Federal Milk Marketing Order sys- Coast Conservation Fund with resentatives or the Senate unless approved tem. Last year, Secretary Glickman $375,000,000 to address urgent needs in by a majority of the total membership of attempted to restore some fairness to each House of Congress by a rollcall vote. our coastal and marine environment, that system by making some modest SEC. 6. REVIEW OF REVENUES. including wetlands, non-point pollu- Congress shall review actual revenues on a reforms. But this Congress unjustly tion, fisheries research and manage- quarterly basis and adjust outlays to assure overturned those reforms while simul- ment, coral reefs and enforcement. compliance with this Act. taneously extending the Northeast The bill allocates $100,000,000 to Coop- SEC. 7. DEFINITIONS. Interstate Dairy Compact—a milk erative Fisheries Research and Man- In this Act: price cartel which protects producers agement. We have a great need to im- (1) OUTLAYS.—The term ‘‘outlays’’ shall in- in the Northeast at the expense of con- prove our understanding of fisheries clude all outlays of the United States exclud- sumers and producers outside the car- and the fishing industry. The National ing repayment of debt principal. tel. Marine Fisheries Service, regional fish- (2) REVENUES.—The term ‘‘revenues’’ shall eries councils, states, the commercial include all revenues of the United States ex- I am going to work to repeal the cluding borrowing. Northeast Dairy Compact and to re- and recreational fishing industries and store some common sense to federal conservationists rely on fishery data to By Mr. KOHL (for himself, Mr. milk pricing. I also will work with my make difficult management and invest- FEINGOLD, Mr. WELLSTONE, Mr. colleagues to develop a meaningful and ment decisions. Given the importance SCHUMER, and Mr. SANTORUM): lasting safety net for dairy producers. of having sound information, Congress S. 2221. A bill to continue for 2000 the But, Mr. President, that will take requested the National Oceanic and At- Department of Agriculture program to time. And right now, dairy farmers in mospheric Administration to assess the S1326 CONGRESSIONAL RECORD — SENATE March 8, 2000 quality of our fisheries data. NOAA coastal and marine habitat. Projects am introducing the Summer Fill and concluded that, ‘‘Despite some regional must be consistent with the Coastal Fuel Budgeting Act of 2000. Senators successes, it is clear that the current Zone Management Act, National Estu- JOE LIEBERMAN, JOHN KERRY, TED KEN- overall approach to collecting and ary Program, National Marine Sanc- NEDY, and PATRICK LEAHY are joining managing fisheries information needs tuary Act, the National Estuarine Re- me as original co-sponsors. to be re-thought, revised, and re- search Reserve program and other laws The legislation is a critical long term worked. The quality and completeness governing conservation and restoration education initiative. Its purpose is to of fishery data are often inadequate. of coastal or marine habitat. In this educate our constituents about the Data are often on inaccessible in an ap- program, states set priorities and de- benefits of filling their propane, ker- propriate form or timely manner. cide how and when projects proceed osene and heating oil tanks in the sum- Methods for data collection and man- within broad national goals. The bene- mer and entering into annual fuel agement are frequently burdensome fits will be enormous. We will preserve budget contracts. The legislation au- and inefficient. These drawbacks result and restore wetlands, reduce non-point thorizes $25 million for Fiscal Year in the inability to answer some of the source pollution, remove abandoned 2001, and such sums in each fiscal year most basic question regarding the state vessels causing environmental damage, thereafter, for the states to use to de- of the Nation’s fisheries . . .’’ NOAA address watershed protection, and un- velop education and outreach programs added, ‘‘Simply put, to manage fish- dertake a range of other projects, all to encourage consumers to fill their eries at local, state, regional, or na- aimed at coastal conservation. fuel storage facilities during the sum- tional levels requires a much better Finally, $25,000,000 is set targeted at mer months. It also promotes the use fisheries information system than the Coral Reef Restoration and Conserva- of budget plans, price cap arrange- one in place.’’ I have heard a similar tion. We must recognize the impor- ments, fixed-price contracts and other refrain from almost every person and tance of maintaining the health and advantageous financial arrangements group involved in our fisheries, wheth- stability of coral reefs which possess to help avoid severe seasonal price in- er their interest is fisheries manage- enormous environmental and economic creases for and supply shortages of pro- ment, commercial or recreational har- value. With this legislation we will pane, kerosene, and heating oil. vest or fisheries conservation. With fund cooperative projects with States I believe that we must work with re- this legislation, the Governor of any to preserve and restore our coral reefs. tailers and consumers to implement State represented by an Interstate A portion of these authorizations is these types of proactive measures to Maine Fishery Commission may make set aside for the Department of Com- ensure that our fuel supply, as well as an application to the Secretary of merce to enhance its National Marine the health and safety of millions of Commerce for funding to support Sanctuaries, coral programs and other Americans, is not subject to the whims projects that address this critical need. critically important conservation ef- of foreign oil producing countries. I in- We will establish comprehensive pro- forts. vite other Senators, concerned about grams to improve the quality and I want to thank Senator HOLLINGS the influence that major oil producing quantity of information available to and INOUYE for joining as cosponsors. I countries have on our economy and na- evaluate stocks, design control meas- look forward to working with Senator tional security, to join me in cospon- ures, develop more environmentally- BINGAMAN, the Commerce Committee, soring this legislation. sound gear and include the fishing and Senator LANDRIEU and others who f community in the process. are working to pass comprehensive leg- The Cooperative Enforcement provi- islation to dedicate revenues from ADDITIONAL COSPONSORS sion allocates $25,000,000 for the Sec- Outer Continental Shelf exploration to S. 390 retary of Commerce to enter joint the conservation of our coastal and At the request of Mr. REID, the name agreements with coastal states to en- marine environment.∑ of the Senator from Connecticut (Mr. hance our coastal and marine enforce- LIEBERMAN) was added as a cosponsor ment. As with all our laws, our natural By Mr. JEFFORDS (for himself, of S. 390, a bill to amend title II of the resources laws are only effective if Mr. LIEBERMAN, Mr. KERRY, Mr. Social Security Act to allow workers they are enforced. These joint ventures KENNEDY, and Mr. LEAHY): who attain age 65 after 1981 and before allow states and local governments to S. 2224. A bill to amend the Energy 1992 to choose either lump sum pay- tailor enforcement procedures to fit Policy and Conservation Act to encour- ments over four years totalling $5,000 local needs and available resources, age summer fill and fuel budgeting pro- or an improved benefit computation and allow for collaboration between grams for propane, kerosene, and heat- formula under a new 10-year rule gov- state and local enforcement agencies ing oil; to the Committee on Energy erning the transition to the changes in and federal agencies, including the and Natural Resources. benefit computation rules enacted in Coast Guard. The proposal authorizes THE SUMMER FILL AND FUEL BUDGETING ACT OF the Social Security Amendments of the Secretary of Commerce to delegate 2000 1977, and for other purposes. its living marine resource enforcement Mr. JEFFORDS. Mr. President, I rise S. 660 authorities to a state marine law en- today to introduce the Summer Fill At the request of Mr. BINGAMAN, the forcement entity and to pay state en- and Fuel Budgeting Act of 2000. name of the Senator from Connecticut forcement costs pursuant to the indi- This winter’s fuel crisis will be (Mr. LIEBERMAN) was added as a co- vidual agreements crafted with each etched on the memories of New sponsor of S. 660, a bill to amend title participating state. State enforcement Englanders for many years to come. XVIII of the Social Security Act to under these agreements would extend Price spikes and low inventories have provide for coverage under part B of to requirements of federal or regional hit Vermonters hard. Schools closed the medicare program of medical nutri- fisheries management plans, including down, oil dealers were driven out of tion therapy services furnished by reg- those of interjurisdictional fishery business, and many low income fami- istered dietitians and nutrition profes- management commissions. When first lies were forced to choose between sionals. introduced, this proposal was endorsed heating their homes and purchasing by the National Association of Con- necessary food and prescription medi- S. 832 servation Law Enforcement Chiefs, the cations. The region’s Senators have fo- At the request of Mr. GRAHAM, his Gulf States Marine Fisheries Commis- cused with a single-mindedness on the name was added as a cosponsor of S. sion, the Northeast Conservation Law seriousness of the situation and the 832, a bill to extend the commercial Enforcement Chiefs Association and dire need to ensure that it is never re- space launch damage indemnification others. peated. provisions of section 70113 of title 49, A total of $250,000,000 is dedicated to There have been many letters writ- United States Code. Coastal Stewardship. This flexible pro- ten, emergency funds released, meet- S. 1159 gram allocates funds to states based on ings held, and legislative initiatives At the request of Mr. STEVENS, the coastline, population and need for discussed. Today after weeks of dili- name of the Senator from California projects that restore and preserve gent research and careful analysis, I (Mrs. BOXER) was added as a cosponsor March 8, 2000 CONGRESSIONAL RECORD — SENATE S1327 of S. 1159, a bill to provide grants and COCHRAN) was added as a cosponsor of S. 2061 contracts to local educational agencies S. 1934, a bill to amend the Internal At the request of Mr. BIDEN, the to initiate, expand, and improve phys- Revenue Code of 1986 to allow a tax names of the Senator from New Jersey ical education programs for all kinder- credit for business-provided student (Mr. TORRICELLI) and the Senator from garten through 12th grade students. education and training. Michigan (Mr. ABRAHAM) were added as S. 1196 S. 1952 cosponsors of S. 2061, a bill to establish At the request of Mr. COVERDELL, the At the request of Mr. ABRAHAM, the a crime prevention and computer edu- name of the Senator from Iowa (Mr. name of the Senator from Ohio (Mr. cation initiative. HARKIN) was added as a cosponsor of S. VOINOVICH) was added as a cosponsor of S. 2068 1196, a bill to improve the quality, S. 1952, a bill to amend the Internal At the request of Mr. GREGG, the timeliness, and credibility of forensic Revenue Code of 1986 to provide a sim- names of the Senator from New Hamp- science services for criminal justice plified method for determining a part- shire (Mr. SMITH), the Senator from purposes. ner’s share of items of a partnership New Mexico (Mr. DOMENICI), and the S. 1266 which is a qualified investment club. Senator from Alaska (Mr. STEVENS) At the request of Mr. GORTON, the S. 1961 were added as cosponsors of S. 2068, a name of the Senator from Colorado At the request of Mr. JOHNSON, the bill to prohibit the Federal Commu- (Mr. ALLARD) was added as a cosponsor name of the Senator from Missouri nications Commission from estab- of S. 1266, a bill to allow a State to (Mr. ASHCROFT) was added as a cospon- lishing rules authorizing the operation combine certain funds to improve the sor of S. 1961, a bill to amend the Food of new, low power FM radio stations. academic achievement of all its stu- Security Act of 1985 to expand the S. 2070 dents. number of acres authorized for inclu- At the request of Mr. FITZGERALD, S. 1660 sion in the conservation reserve. the name of the Senator from North At the request of Mrs. HUTCHISON, the S. 1962 Carolina (Mr. HELMS) was added as a name of the Senator from Maine (Ms. At the request of Mr. FITZGERALD, his cosponsor of S. 2070, a bill to improve SNOWE) was added as a cosponsor of S. name was added as a cosponsor of S. safety standards for child restraints in 1660, a bill to amend title 18, United 1962, a bill to amend the Congressional motor vehicles. States Code, to expand the prohibition Budget Act of 1974 to protect Social Se- S. 2074 on stalking, and for other purposes. curity and Medicare surpluses through At the request of Mr. ASHCROFT, the S. 1680 strengthened budgetary enforcement names of the Senator from North Da- At the request of Mr. ASHCROFT, the mechanisms. kota (Mr. DORGAN) and the Senator name of the Senator from Alabama S. 2004 from Oregon (Mr. SMITH) were added as (Mr. SHELBY) was added as a cosponsor At the request of Mr. GORTON, his cosponsors of S. 2074, a bill to amend of S. 1680, a bill to provide for the im- title II of the Social Security Act to provement of the processing of claims name was added as a cosponsor of S. eliminate the social security earnings for veterans compensation and pen- 2004, a bill to amend title 49 of the test for individuals who have attained sions, and for other purposes. United States Code to expand State au- thority with respect to pipeline safety, retirement age. S. 1752 to establish new Federal requirements S. 2079 At the request of Mr. SMITH of New to improve pipeline safety, to authorize URNS Hampshire, his name was added as a At the request of Mr. B , the cosponsor of S. 1752, a bill to reauthor- appropriations under chapter 601 of name of the Senator from New Jersey ize and amend the Coastal Barrier Re- that title for fiscal years 2001 through (Mr. TORRICELLI) was added as a co- sources Act. 2005, and for other purposes. sponsor of S. 2079, a bill to facilitate S. 2013 the timely resolution of back-logged S. 1755 At the request of Mr. CONRAD, his civil rights discrimination cases of the At the request of Mr. DORGAN, the names of the Senator from West Vir- name was added as a cosponsor of S. department of Agriculture, and for other purposes. ginia (Mr. ROCKEFELLER) and the Sen- 2013, a bill to restore health care equity S. 2084 ator from Nevada (Mr. BRYAN) were for medicare-eligible uniformed serv- added as cosponsors of S. 1755, a bill to ices retirees, and for other purposes. At the request of Mr. LUGAR, the amend the Communications Act of 1934 S. 2018 names of the Senator from Iowa (Mr. to regulate interstate commerce in the At the request of Mr. HUTCHINSON, GRASSLEY), the Senator from Vermont use of mobile telephones. the name of the Senator from Massa- (Mr. LEAHY), the Senator from Mis- S. 1902 chusetts (Mr. KERRY) was added as a souri (Mr. BOND), and the Senator from At the request of Mrs. FEINSTEIN, the cosponsor of S. 2018, a bill to amend Illinois (Mr. FITZGERALD) were added as name of the Senator from California title XVIII of the Social Security Act cosponsors of S. 2084, a bill to amend (Mrs. BOXER) was added as a cosponsor to revise the update factor used in the Internal Revenue Code of 1986 to in- of S. 1902, a bill to require disclosure making payments to PPS hospitals crease the amount of the charitable de- under the Freedom of Information Act under the medicare program. duction allowable for contributions of regarding certain persons and records At the request of Mrs. HUTCHISON, the food inventory, and for other purposes. of the Japanese Imperial Army in a name of the Senator from Massachu- S. 2158 manner that does not impair any inves- setts (Mr. KENNEDY) was added as a co- At the request of Mr. MURKOWSKI, the tigation or prosecution conducted by sponsor of S. 2018, supra. name of the Senator from Georgia (Mr. the Department of Justice or certain S. 2041 COVERDELL) was added as a cosponsor intelligence matters, and for other At the request of Mrs. LINCOLN, the of S. 2158, a bill to amend the Har- purposes. name of the Senator from Louisiana monized Tariff Schedule of the United S. 1921 (Ms. LANDRIEU) was added as a cospon- States to eliminate the duty on certain At the request of Mr. CAMPBELL, the sor of S. 2041, a bill to amend the Fed- steam or other vapor generating boil- name of the Senator from West Vir- eral Water Pollution Control Act to ex- ers used in nuclear facilities. ginia (Mr. BYRD) was added as a co- empt discharges from certain silvicul- S. 2161 sponsor of S. 1921, a bill to authorize tural activities from permit require- At the request of Mr. CAMPBELL, the the placement within the site of the ments of the national pollutant dis- name of the Senator from Maine (Ms. Vietnam Veterans Memorial of a charge elimination system. SNOWE) was added as a cosponsor of S. plaque to honor Vietnam veterans who S. 2049 2161, a bill to amend the Internal Rev- died after their service in the Vietnam At the request of Mr. BIDEN, the enue Code of 1986 to impose a 1 year war, but as a direct result of that name of the Senator from Massachu- moratorium on certain diesel fuel ex- service. setts (Mr. KERRY) was added as a co- cise taxes and to require the Secretary S. 1934 sponsor of S. 2049, a bill to extend the of the Treasury to transfer amounts to At the request of Mr. DODD, the name authorization for the Violent Crime the Highway Trust Fund to cover any of the Senator from Mississippi (Mr. Reduction Trust Fund. shortfall. S1328 CONGRESSIONAL RECORD — SENATE March 8, 2000 S. 2184 SENATE CONCURRENT RESOLU- War II and continuing through the end of the Cold War; and At the request of Mr. MURKOWSKI, the TION 92—APPLAUDING THE INDI- VIDUALS WHO WERE INSTRU- (4) expresses appreciation for the ongoing name of the Senator from Alaska (Mr. MENTAL TO THE PROGRAM OF efforts of the Office of Naval Research to support oceanographic and scientific re- STEVENS) was added as a cosponsor of PARTNERSHIPS FOR OCEANO- S. 2184, a bill to amend chapter 3 of search and the development of researchers in GRAPHIC AND SCIENTIFIC RE- those fields, to ensure that such partnerships title 28, United States Code, to divide SEARCH BETWEEN THE FEDERAL will continue to make important contribu- the Ninth Judicial circuit of the United GOVERNMENT AND ACADEMIC tions to the defense and the general welfare States into two circuits, and for other INSTITUTIONS DURING THE PE- of the Nation. purposes. RIOD BEGINNING BEFORE WORLD f WAR II AND CONTINUING S CON RES 60 AMENDMENTS SUBMITTED . . . THROUGH THE END OF THE At the request of Mr. FEINGOLD, the COLD WAR, SUPPORTING EF- name of the Senator from Nevada (Mr. FORTS BY THE OFFICE OF EXPORT ADMINISTRATION ACT OF BRYAN) was added as a cosponsor of S. NAVAL RESEARCH TO HONOR 1999 Con. Res. 60, a concurrent resolution THOSE INDIVIDUALS, AND EX- expressing the sense of Congress that a PRESSING APPRECIATION FOR REID (AND OTHERS) AMENDMENT commemorative postage stamp should THE ONGOING EFFORTS OF THE OFFICE OF NAVAL RESEARCH NO. 2883 be issued in honor of the U.S.S. Wis- consin and all those who served aboard Mr. WARNER submitted the fol- Mr. REID (for himself, Mr. BENNETT, lowing concurrent resolution; which Mr. DASCHLE, Mr. KERRY, Mrs. MUR- her. was referred to the Committee on RAY, Mr. BINGAMAN, Mr. KENNEDY, and S. CON. RES. 76 Armed Services: Mrs. BOXER) proposed an amendment to S. CON. RES. 92 the bill (S. 1712) to provide authority to At the request of Mr. LEAHY, the control exports, and for other purposes; name of the Senator from New York Whereas the Navy and Marine Corps have always been vital to the defense and security as follows: (Mr. MOYNIHAN) was added as a cospon- of the Nation; On page 27, beginning on line 6, strike all sor of S. Con. Res. 76, a concurrent res- Whereas academic institutions and ocean- through line 9 and insert the following: olution expressing the sense of Con- ographers made vital contributions in sup- (2) CONFORMING AMENDMENTS.—Section gress regarding a peaceful resolution of port of the Navy and Marine Corps during 1211(d) of the National Defense Authorization World War II; the conflict in the state of Chiapas, Act for Fiscal Year 1998 (50 U.S.C. App. 2404 Whereas the great benefits of scientific re- note) is amended— Mexico and for other purposes. search to the efforts of the United States (A) in the second sentence, by striking during World War II resulted in an under- S. CON. RES. 88 ‘‘180’’ and inserting ‘‘30’’; and standing that science and technology were of (B) by adding at the end, the following new At the request of Ms. COLLINS, the critical importance to the future security of sentence: ‘‘The 30-day reporting requirement name of the Senator from Ohio (Mr. the Nation; shall apply to any changes to the composite Whereas Congress created the Office of theoretical performance level for purposes of DEWINE) was added as a cosponsor of S. Naval Research in the Department of the Con. Res. 88, a concurrent resolution subsection (a) proposed by the President on Navy in 1946 to ensure the availability of re- or after January 1, 2000.’’. sources for research in oceanography and expressing the sense of Congress con- f cerning drawdowns of the Strategic Pe- other fields related to the missions of the troleum Reserve. Navy and Marine Corps; NOTICE OF HEARING Whereas the Office of Naval Research, in COMMITTEE ON ENERGY AND NATURAL S.J. RES. 39 addition to its support of naval research within the Federal Government, has also RESOURCES At the request of Mr. CAMPBELL, the supported the conduct of oceanographic and Mr. MURKOWSKI. Mr. President, I name of the Senator from Texas (Mrs. scientific research through partnerships with would like to announce for the infor- HUTCHISON) was added as a cosponsor of educational and scientific institutions mation of the Senate and the public S.J. Res. 39, a joint resolution recog- throughout the Nation; and that a legislative hearing has been Whereas these partnerships have long been nizing the 50th anniversary of the Ko- scheduled before the Committee on En- recognized as among the most innovative ergy and Natural Resources. rean War and the service by members and productive research partnerships ever es- The hearing will take place on of the Armed Forces during such war, tablished by the Federal Government and Wednesday, March 30, 2000 at 9:30 a.m. and for other purposes. have resulted in a vast improvement in un- derstanding of basic ocean processes and the in room SD–366 of the Dirksen Senate S. RES. 87 development of new technologies critical to Office Building in Washington, D.C. the security and defense of the Nation: Now, The purpose of this hearing is to re- At the request of Mr. DURBIN, the therefore, be it ceive testimony on the following bills: name of the Senator from Maine (Ms. Resolved by the Senate (the House of Rep- S. 882, To strengthen provisions in the SNOWE) was added as a cosponsor of S. resentatives concurring), That Congress— Energy Policy Act of 1992 and the Fed- Res. 87, a resolution commemorating (1) applauds the commitment and dedica- tion of the officers, scientists, researchers, eral Nonnuclear Energy Research and the 60th Anniversary of the Inter- students, and administrators who were in- Development Act of 1974 with respect national Visitors Program strumental to the program of partnerships to potential Climate Change; and S. for oceanographic and scientific research be- 1776, To amend the Energy Policy Act S. RES. 258 tween the Federal Government and academic of 1992 to revise the energy policies of At the request of Mr. CRAIG, the institutions, including those individuals who the United States in order to reduce names of the Senator from Montana helped forge that program before World War greenhouse gas emissions, advance II, implement it during World War II, and global climate science, promote tech- (Mr. BAUCUS), the Senator from Mary- improve it throughout the Cold War; land (Ms. MIKULSKI), the Senator from (2) recognizes that the Nation, in ulti- nology development, and increase cit- Pennsylvania (Mr. SANTORUM), and the mately prevailing in the Cold War, relied to izen awareness, and for other purposes. Because of the limited time available Senator from Maryland (Mr. SARBANES) a significant extent on research supported by, and technologies developed through, for the hearing, witnesses may testify were added as cosponsors of S. Res. 258, those partnerships, and in particular on the by invitation only. However, those a resolution designating the week be- superior understanding of the ocean environ- wishing to submit written testimony ginning March 12, 2000 as ‘‘National ment generated through that research; for the hearing record should send two Safe Place Week.’’ (3) supports efforts by the Director of the copies of their testimony to the Com- Office of Naval Research to honor those indi- viduals, who contributed so greatly and un- mittee on Energy and Natural Re- selfishly to the naval mission and the na- sources, United States Senate, 364 tional defense, through those partnerships Dirksen Senate Office Building, Wash- during the period beginning before World ington, D.C. 20510–6150. March 8, 2000 CONGRESSIONAL RECORD — SENATE S1329 For further information, please call COMMITTEE ON ENERGY AND NATURAL authorized to meet during the session Trici Heninger, Staff Assistant, or RESOURCES of the Senate on Wednesday, March 8, Bryan Hannegan, Science Fellow, at Mr. BROWNBACK. Mr. President, I 2000, at 9:30 a.m., to conduct a hearing, (202) 224–4971. ask unanimous consent that the Sen- followed by an executive session, on COMMITTEE ON ENERGY AND NATURAL ate Committee on Energy and Natural the nominations of: RESOURCES Resources be authorized to meet during Danny Lee McDonald, of Oklahoma, Mr. MURKOWSKI. Mr. President, I the session of the Senate on Wednesday to be a member of the Federal Election would like to announce for the infor- March 8, at 9:30 a.m., to conduct an Commission for a term expiring April mation of the Senate and the public oversight hearing. The committee will 30, 2005 (reappointment); and that a hearing has been scheduled be- examine energy supply and demand Bradley A. Smith, of Ohio, to be a fore the Committee on Energy and Nat- issues relating to crude oil, heating oil, member of the Federal Election Com- ural Resources. and transportation fuels in light of the mission for a term expiring April 30, The hearing will take place on Tues- rise in price of these fuels. 2005, vice Lee Ann Elliott, resigned. day, April 11, 2000 at 10 a.m. and Thurs- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without day, April 13, 2000 at 9:30 a.m. in room objection, it is so ordered. objection, it is so ordered. SH–216 of the Hart Senate Office Build- COMMITTEE ON FINANCE SELECT COMMITTEE ON INTELLIGENCE ing in Washington, D.C. Mr. BROWNBACK. Mr. President, I Mr. BROWNBACK. Mr. President, I The purpose of this hearing is to re- ask unanimous consent that the Sen- ask unanimous consent that the Select ceive testimony on the following bills: ate Committee on Finance be author- Committee on Intelligence be author- S. 282 Transition to Competition in the ized to meet during the session of the ized to meet during the session of the Electric Industry Act; S. 516 Electric Senate on Wednesday, March 8, 2000, to Senate on Wednesday, March 8, 2000 at Utility Restructuring Empowerment hear testimony regarding Penalty and 2 p.m. to hold a closed hearing on intel- and Competitiveness Act of 1999; S. 1047 Interest Provisions in the Internal ligence matters. Comprehensive Electricity Competi- Revenue Code. The PRESIDING OFFICER. Without tion Act; S. 1284 Electric Consumer The PRESIDING OFFICER. Without objection, it is so ordered. Choice Act; S. 1273 Federal Power Act objection, it is so ordered. SUBCOMMITTEE ON ADMINISTRATIVE OVERSIGHT Amendments of 1999; S. 1369 Clean En- COMMITTEE ON FOREIGN RELATIONS AND THE COURTS ergy Act of 1999; S. 2071 Electric Reli- Mr. BROWNBACK. Mr. President, I Mr. BROWNBACK. Mr. President, I ability 2000 Act; and S. 2098 Electric ask unanimous consent that the Com- ask unanimous consent that the Com- Power Market Competition and Reli- mittee on Foreign Relations be author- mittee on the Judiciary Subcommittee ability Act. ized to meet during the session of the on Administrative Oversight and the Because of the limited time available Senate on Wednesday, March 8, 2000 at Courts be authorized to meet to con- for the hearing, witnesses may testify 10:30 a.m. and 2:30 p.m. to hold two duct a hearing on Wednesday, March 8, by invitation only. However, those hearings. 2000, at 9:30 a.m., in SH216. wishing to submit written testimony The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without for the hearing record should send two objection, it is so ordered. objection, it is so ordered. copies of their testimony to the Com- COMMITTEE ON HEALTH, EDUCATION, LABOR, SUBCOMMITTEE ON AIRLAND FORCES mittee on Energy and Natural Re- AND PENSIONS Mr. BROWNBACK. Mr. President, I sources, United States Senate, 364 Mr. BROWNBACK. Mr. President, I ask unanimous consent that the Sub- Dirksen Senate Office Building, Wash- ask unanimous consent that the Com- committee on Airland Forces of the ington, D.C. 20510–6150. mittee on Health, Education, Labor, Committee on Armed Services be au- For further information, please call and Pensions be authorized to meet in thorized to meet on Wednesday, March Trici Heninger at (202) 224–7875. executive session during the session of 8, 2000, at 9:30 a.m. in open session, to COMMITTEE ON SMALL BUSINESS the Senate on Wednesday, March, 8, receive testimony on Army trans- Mr. BOND. Mr. President, I wish to 2000, at 10 a.m. formation. announce that the Committee on Small The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Business will hold a hearing entitled objection, it is so ordered. objection, it is so ordered. ‘‘Swindling Small Businesses: Toner- COMMITTEE ON HEALTH, EDUCATION, LABOR, SUBCOMMITTEE ON COMMUNICATIONS Phoner Schemes and Other Office Sup- AND PENSIONS Mr. BROWNBACK. Mr. President, I ply Scams.’’ The hearing will be held Mr. BROWNBACK. Mr. President, I ask unanimous consent that the Com- on Tuesday, March 28, 2000, beginning ask unanimous consent that the Com- munications Subcommittee of the Sen- at 9:30 a.m. in room 562 of the Dirksen mittee on Health, Education, Labor, ate Committee on Commerce, Science, Senate Office Building. and Pensions be authorized to meet in and Transportation be authorized to The hearing will be broadcast live executive session for the consideration meet during the session of the Senate over the Internet from our homepage of S. 2, the Educational Opportunities on Wednesday, March 8, 2000, at 9:30 address: http://www.senate.gov/sbc Act, during the session of the Senate a.m. on Internet security. For further information, please con- on March 8, 2000. The PRESIDING OFFICER. Without tact David Bohley at 224–5175. The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. SUBCOMMITTEE ON FORESTRY, CONSERVATION, f COMMITTEE ON INDIAN AFFAIRS AND RURAL REVITALIZATION Mr. BROWNBACK. Mr. President, I Mr. BROWNBACK. Mr. President, I AUTHORITY FOR COMMITTEES TO ask unanimous that the Senate Com- ask unanimous consent that the Sub- MEET mittee on Indian Affairs be authorized committee on Forestry, Conservation COMMITTEE ON BANKING, HOUSING, AND URBAN to meet during the session of the Sen- and Rural Revitalization of the Com- AFFAIRS ate on Wednesday, March 8, 2000 at 9:30 mittee on Agriculture, Nutrition, and Mr. BROWNBACK. Mr. President, I a.m. to conduct a hearing on draft leg- Forestry be allowed to meet during the ask unanimous consent that the Com- islation to reauthorize the Indian session of the Senate on Wednesday, mittee on Banking, Housing, and Health Care Improvement Act of 1976. March 8, 2000. The purpose of this Urban Affairs be authorized to meet The hearing will be held in the Com- meeting will be to discuss the National during the session of the Senate on mittee room, 485 Russell Senate Build- Rural Development Council. Wednesday, March 8, 2000, to conduct a ing. The PRESIDING OFFICER. Without markup on S. 2097, the Local TV Act; The PRESIDING OFFICER. Without objection, it is so ordered. S. 1452, the Manufactured Housing Im- objection, it is so ordered. SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC provement Act; and pending nomina- COMMITTEE ON RULES AND ADMINISTRATION PRESERVATION, AND RECREATION tions. Mr. BROWNBACK. Mr. President, I Mr. BROWNBACK. Mr. President I The PRESIDING OFFICER. Without ask unanimous consent that the Com- ask unanimous consent that the Sub- objection, it is so ordered. mittee on Rules and Administration be committee on National Parks, Historic S1330 CONGRESSIONAL RECORD — SENATE March 8, 2000 Preservation and Recreation of the speak for up to 5 minutes each, with this floor—4 years—notwithstanding Senate Committee on Energy and Nat- the following exceptions: the fact that he has the highest rating ural Resources be authorized to meet Senator HUTCHINSON for 10 minutes; the American Bar Association can give during the session of the Senate on Senator MURKOWSKI for 10 minutes; a nominee. He has one of the most dis- Wednesday, March 8 at 2:30 p.m. to con- Senator DOMENICI for 10 minutes; tinguished records of any nominee, Re- duct a hearing. Senator BROWNBACK for 30 minutes; publican or Democrat, to come before The PRESIDING OFFICER. Without Senator BAUCUS for 10 minutes; this body since I have been here. objection, it is so ordered. Senator MIKULSKI for 15 minutes; Similarly, Ms. Berzon has waited for SUBCOMMITTEE ON STRATEGIC FORCES Senator WYDEN for 10 minutes; more than 2 years, an unconscionable Mr. BROWNBACK. Mr. President, I And Senator LIEBERMAN for 40 min- period of time—again, a woman with an extraordinary background and the ask unanimous consent that the Sub- utes. highest of ratings from the American committee on Strategic Forces of the The PRESIDING OFFICER. Without objection, it is so ordered. Bar Association. Committee on Armed Services be au- They have for some reason been held thorized to meet during the session of f to a higher standard than most judicial the Senate on Wednesday, March 8, 2000 PROGRAM nominees. I do not recall a situation at 2 p.m., in open session, to receive where a nominee has had to go through testimony on national security space Mr. LOTT. Mr. President, the Senate these kinds of hoops to get here and programs, policies and operations, in will convene at 9:30 a.m. We will have have an up or down vote. 1 review of the fiscal year 2001 defense 4 ⁄2 hours postcloture debate on the Again, I compliment the majority authorization request and the Future Berzon and Paez nominations. Under leader and the Democratic leader for Years Defense Program. the previous order, the votes will occur helping us put together a successful The PRESIDING OFFICER. Without at 2 p.m. The Senate will return to cloture petition on each of these nomi- objection, it is so ordered. morning business for the purpose of bill nations. We have now 85 or 86 votes to f introductions and statements. The move forward. Senate may also have consideration to- I hope the Senate will not shame PRIVILEGES OF THE FLOOR morrow of any Executive or Legislative itself by taking the unprecedented step Mr. REID. Mr. President, I ask unan- Calendar items that are available for tomorrow of moving to postpone indefi- imous consent that privilege of the action. nitely either of these extraordinary floor be granted to Michelle Greenstein Does Senator LEAHY wish to pro- nominees. It is a fact that one can during the pendency of the Export Ad- pound a request at this time? make a motion to suspend or indefi- ministration Act. Mr. LEAHY. Mr. President, I ask the nitely—that is true—or to indefinitely The PRESIDING OFFICER. Without distinguished leader—once he has com- postpone. One can make such a motion. objection, it is so ordered. pleted, and I realize there are others But it would be unprecedented for a ju- Mr. BROWNBACK. Mr. President, I waiting—if I might be recognized for dicial nominee. We have asked infor- ask unanimous consent that Mike not more than 5 minutes to refer to the mally and I have asked the presiding Daly, a fellow in the office of Senator unanimous consent agreement on the officer and through him the parliamen- ABRAHAM, be granted floor privileges judges. I did not want to delay earlier. tarian and no precedent for such a mo- for the period of consideration of S. Mr. LOTT. Thank you very much. tion against a judicial nomination fol- 1712, the Export Administration Act of f lowing cloture has been provided. 1999. I defy anybody to point out, cer- The PRESIDING OFFICER. Without ORDER FOR ADJOURNMENT tainly in my lifetime—as I said earlier, objection, it is so ordered. Mr. LOTT. Mr. President, if there is I am 59 years old—to point out in my Mr. CLELAND. Mr. President, I ask no further business to come before the lifetime where a judicial nominee has unanimous consent that a research as- Senate, I ask unanimous consent that gone through the extraordinary hoops sistant on my staff, Miss Tamara the Senate stand in adjournment under of multiple nominations hearings, Jones, be allowed floor privileges. the previous order following state- being reported favorably twice, having The PRESIDING OFFICER. Without ments by Senator LEAHY and Senator a nomination have to be resubmitted objection, it is so ordered. LANDRIEU. by the President Congress after Con- gress, being forced to wait more than 4 f Does the Senator wish to specify a time? years to be debated, getting past a fili- ORDERS FOR THURSDAY, MARCH Ms. LANDRIEU. Fifteen minutes. buster, invoking cloture with 85 or 86 9, 2000 Mr. LOTT. Mr. President, I amend votes—an overwhelming majority of my request to say 5 minutes for Sen- the Senate—and then having a motion Mr. LOTT. Mr. President, I ask unan- to indefinitely postpone, in effect, to ator LEAHY and 15 minutes for Senator imous consent that when the Senate kill the nomination. LANDRIEU. completes its business today, it ad- It would shame the Senate, No. 1, to The PRESIDING OFFICER. Without journ until the hour of 9:30 a.m. on even bring up such a motion, but cer- objection, it is so ordered. Thursday, March 9. I further ask con- tainly to allow such a motion to be Mr. LOTT. Thank you very much. sent that on Thursday, immediately successful with a nominee who has I yield the floor. following the prayer, the Journal of been waiting for 4 years, notwith- The PRESIDING OFFICER. The Sen- the proceedings be approved to date, standing the fact that this is a person ator from Vermont. the morning hour be deemed to have who is one of the most extraordinary expired, the time for the two leaders be Mr. LEAHY. Mr. President, first of Hispanic American jurists we have ever reserved for their use later in the day, all I wish to thank the distinguished seen, who has the highest rating, who and the Senate then begin the leader for his usual courtesy. He and I is backed by everybody from law en- postcloture debate on the Ninth Circuit have served together for a long time. I forcement to litigators. Judge Paez has judicial nominations of Ms. Berzon and do appreciate that. been forced to go through these ex- Judge Paez under the previous order. f traordinary hoops and his nomination The PRESIDING OFFICER. Without is poised, finally, for debate and a fair NOMINATIONS objection, it is so ordered. up or down vote. To have somebody Mr. LOTT. Mr. President, I ask unan- Mr. LEAHY. Mr. President, I want to take this unprecedented and shameful imous consent that following the use underscore what I have said, what the step of asking us to indefinitely post- or yielding back of postcloture time, distinguished Senator from California pone Senate approval of this nomina- the Senate begin a period of morning has said, and what others have said in tion is, in effect, a procedural device to business until 2 p.m. and resume morn- support of the Paez and Berzon nomi- deny that up or down vote and kill this ing business following the scheduled nations. nomination. votes during morning business. I ask Judge Paez has waited more than 4 The same with Marsha Berzon: This unanimous consent that Senators may years to have his nomination heard on extraordinary woman, reaching the March 8, 2000 CONGRESSIONAL RECORD — SENATE S1331 pinnacle of her legal career, having I am certainly not going to stand would happen. Adding $300 and $400 a earned success every step along the here and allow with no comment these month to home heating oil, it is tough way, having earned the highest pos- two people to be held hostage one more for many families to make that pay- sible rating from the American Bar As- time. Vote for them, or vote against ment. sociation, comes here, has to undergo them. I certainly urge my colleagues to As in Louisiana last year, in Texas, an extraordinary ordeal and this long vote for them. Oklahoma, Alaska, and other places wait, has to go through the unusual In all my years on the Judiciary around the Nation, some families were step of a cloture motion and our pre- Committee extending back over several not able to pay any bills because they vailing with 85 votes. Then for the Sen- decades, I do not know of two finer lost an entire paycheck which rested ate to say to her: But now we are going nominees who have come before the on the strength of a domestic industry to do something that has never been Senate, Republican or Democrat. And I that had the rug pulled out from under- done before to a judicial nominee who voted for most nominees, Republican neath it. has gotten past cloture: We are going and Democrat, during that time. We now face a looming energy crisis to move to indefinitely postpone. That Vote for these two people. At least in of a completely different nature—not is not right. that way, apologize for holding them extraordinarily low prices but extraor- Mrs. BOXER. Mr. President, will the hostage all of these years. But, for dinarily high prices. It is said only in Senator yield for a quick question? I God’s sake, don’t shame us all by vot- times of war do we really appreciate will be very brief. ing for some kind of parliamentary our military. At least this time, per- Mr. LEAHY. Sure. gimcrackery saying we will postpone it haps at times of high oil prices, we now Mrs. BOXER. First, I thank Senator indefinitely. Vote ‘‘yes’’ or vote ‘‘no.’’ can fully appreciate the importance of LEAHY for his extraordinary leadership. Don’t vote ‘‘maybe.’’ our domestic energy industry in the I was so taken aback by this. I made I yield the floor. producing States—not just oil pro- some comments to our Presiding Offi- f ducers, who are important, but gas pro- cer. It seems to me there is a letter of ducers and producers of energy who the law and a spirit of the law, there is OIL CRISIS will help our country be more self-reli- a letter of cloture and there is a spirit Ms. LANDRIEU. Mr. President, I ant. Since we are the greatest con- of cloture. take this opportunity to speak for just sumer of energy in every sector, we We go through a situation where we a few minutes, as we are closing up must have a policy that encourages the say it is unprecedented to even have today, on a very important policy ques- strength and robustness of the energy- these cloture motions. We don’t do it tion before the Senate, one that while producing sector. I suggest we have a often. It is not unprecedented—I think actually not being debated on the Sen- long way to go, given what is hap- seven or eight times in decades. Now ate or House floors at this time, it is pening today. we have a new way to go where we es- being hotly debated in private meet- In 1959—quite a while ago, but not so sentially would deny that individual an ings and corridors and in some public long ago that many people in this Na- up-or-down vote. meetings of the various committees; I want to say to my friend how ar- tion cannot still remember quite well— that is, the problem, the crisis, the ticulate he is on this point. I hope Sen- our Nation imported only 16 percent of challenge that this country is now fac- ators are listening in their offices. I its oil and gas. Today we import over ing with extraordinarily high oil hope they will view this as a violation 50 percent. We have moved from self-re- prices. of the spirit of cloture and certainly liance to reliance on others, and in The price of crude oil today, accord- will not go down this road. many instances it is not even allies on That is all I can say. My colleague is ing to the Wall Street Journal, is above whom we are relying. It is one thing to right on this point. $34 a barrel. For some, this causes—as have to rely on our allies and our The PRESIDING OFFICER. The Sen- in an oil-producing State—a bonanza; friends such as Saudi Arabia and Ven- ator’s time has expired. for others, it causes a real problem. ezuela, encouraging them to help in Mr. LEAHY. Mr. President, I ask I will speak for a few minutes about this difficult time, as we most cer- unanimous consent for 3 more minutes. some of the steps we could perhaps tainly have stepped up to their aid and The PRESIDING OFFICER. Without take. Wild swings in and the volatility continue to do so. objection, it is so ordered. of the price of oil are not good. Sen- However, we also have to go hat in Mr. LEAHY. Mr. President, the rea- ators heard troublesome testimony hand to countries that are not our al- son I get concerned about this is, now, today from senior citizens and a young lies—in fact, enemy nations—and have having in excess of 80 votes to go for- family struggling in the Northeast, interests contrary in terms of freedom ward with this, we ought to have the which is the most dependent part of and democracy—Iran and Libya, to courage and the honesty to stand up our Nation. Neither are these price name two. and vote. Senators are paid to vote swings good for the oil-producing It is a particularly difficult situation ‘‘aye’’ or ‘‘nay.’’ They are not paid to States, of which I represent Louisiana. and one which I think is avoidable if vote ‘‘maybe.’’ It would be a cowardly What a difference a year can make. this administration and others had a and disgraceful step to vote ‘‘maybe’’ Last year at this time, our committee better policy regarding energy self-reli- because we want to avoid saying what was actually meeting about the world ance for a strong and vibrant economy. the Senate is being asked to do—to price of oil pushing $5 a barrel. Our En- I will make a few suggestions. First, close the door to two such extraor- ergy Committee met time and time let me comment on some of the things dinary people. I always respect Sen- again, trying to figure out what we I hear other people suggesting as a ators who vote ‘‘yes’’ or vote ‘‘no.’’ I could do to help stabilize a very impor- remedy. I say to my colleagues, we will not respect Senators who vote tant industry to our Nation, to help should all be engaged in coming up ‘‘maybe.’’ That is beneath the dignity provide some relief, particularly for with solutions. We should be putting of the Senate. the small and independent producers remedies on the table. We might not There are only 100 of us who are who obviously were driven out of busi- adopt every one, but we most certainly elected to represent a quarter of a bil- ness. The oil and gas industry lost lit- should be engaged in finding solutions lion Americans. Let us have the cour- erally tens of thousands of workers to this problem, not just turning our age to stand up and vote either for or over the course of the year because head and hoping it goes away, hoping against these two extraordinary nomi- they simply could not turn any kind of OPEC will provide the relief we need. nees. Let us not play silly parliamen- profit at that low price. We need to get our fate back in our tary games and tell the American peo- Just today, we had a hearing in the own hands. ple we do not have the guts to vote, same committee, now talking about oil One suggestion being tossed around that we are going to vote ‘‘maybe.’’ I at $34 a barrel and the havoc it is and has actually been filed as a bill by did not get elected to serve in the Sen- wreaking in other places. several Members of the Senate is using ate to vote ‘‘maybe.’’ I did not serve for In the Northeast, people are having the Strategic Petroleum Oil Reserve to 25 years in a body that I revere to vote great difficulty, understandably so, provide some temporary relief. That ‘‘maybe.’’ having not been able to predict this may or may not be a good idea. S1332 CONGRESSIONAL RECORD — SENATE March 8, 2000 Let me quote from Chairman Green- Let me be quick to say the industry, the part that nuclear power can play span who, when presented with this contrary to popular opinion, has made when properly regulated and properly idea, made this statement in front of significant efforts in this regard be- run to help make our grid greener. the House Banking Committee re- cause there are now local, State, and France takes 80 percent of their en- cently: Federal regulations, tough regulations, ergy needs from nuclear. We should at It is foolishness to believe we can have any regulations many of us support from least be open to the possibility of sus- significant impact short of a very major liq- oil- and gas-producing States, to make taining our current nuclear capacity uidation short-term of that reserve. There is sure this extraction is done with the and perhaps even increasing it to help more to this than economics. It is a diplo- minimum negative environmental im- us get our grid greener and again mini- matic security question. pacts. So I am not suggesting going mize our reliance on outside sources. That reserve was created to protect back to the days, 30 or 40, even 20, So vigorous programs for alternatives, the U.S. from a cutoff and keep the years ago when none of these regula- promoting the use of natural gas, and U.S. from being held hostage. tions was in place. I am suggesting we also, of course, continuing to promote While some think dipping into that can have an environmentally sensitive conservation—whether it is in trans- reserve might move us out of this cri- drilling policy, particularly that would portation or weatherization of our sis, I suggest that before we make that give preference, perhaps, or give pri- homes—are also important. My point is, in times of war we ap- decision we do the math. There are ority or help to encourage the extrac- preciate our military all the more and only 55 days of supply. We might be tion of natural gas, which is in itself a the great sacrifices our men in uniform able to drive down the price if we liq- clean burning fuel. make and how proud we are of them uidated a significant portion of that oil Let me read from ‘‘Fueling the Fu- and how happy we actually are to sup- and gas for a certain amount of time, ture’’—I will submit this for the port them with our tax dollars because maybe at a 7 or 10-percent drop. But RECORD—about the potential benefits thinking we can liquidate our strategic we recognize their great value. of natural gas. It says: I hope the country will take note oil reserve and drive down this price Changes in U.S. energy policy that favor and sustain a low price, I am not sure that when prices are this high, we feel increased use of natural gas could improve vulnerable. We feel scared and nervous that case has yet been made. air quality, conserve energy and reduce reli- For the purposes of this discussion, ance on imported oil from politically unsta- and frustrated and angry. There is a lot that should be kept on the table. We ble countries. of pain. When prices are high, truckers must be very careful not to give the It would seem to me, since we have cannot move their product. Farmers American people the idea that we have all of these natural gas reserves, some have now been hit not only with tough a secret key, that we have a magic in the Gulf of Mexico, in shallow and weather and rock-bottom prices but wand, that we can simply liquidate this deep water, some around Alaska, and high diesel fuel costs. It is a triple reserve and prices will fall and all some in other places in this Nation, whammy for our farmers. I hope this country will recognize things will be made whole again. Not that it would do us a world of good to and express appreciation for our do- only am I not sure that would work, be much more open to the idea of using mestic oil and gas and other energy but it could leave our country in a very natural gas in its many different forms producers, and say we cannot take it difficult position from a national secu- to help us fill our energy grid and for granted. We must nurture this in- rity standpoint to have liquidated that make it greener, to meet our own ex- dustry, help it to be as environ- reserve. Then it would be at a great ex- pectations and to meet new inter- mentally sensitive as possible, but not pense to the taxpayer in that a lot of national standards for clean air. That allow this Nation, the greatest nation this oil that was purchased when the is one thing that we most certainly can on Earth, to be so dependent on sources price was quite low, which was smart do. outside of our sphere of influence and Another, we have taken the step in to do, would then, at great expense to outside of our boundaries. It would be an aggressive policy to acknowledge the taxpayer, have to be replenished at the same as depending on other nations what a good thing we did when we gave three and four times the cost. So let us for our food. We would not do that. We say I would agree to keep it on the royalty relief for deep water drilling in would not import 100 percent of our table but not present the American the gulf. There were many Members of food. I do not think people in this Na- public with the idea that liquidating this body who not only did not vote for tion realize how much we are import- the SPR is the answer. that, they vigorously opposed it. My ing from other nations. Another sort of false solution, I predecessor was the lead sponsor of Let us take this opportunity to put think, rests with some who are sug- that legislation. I can only say thank all our suggestions on the table. Let us gesting we simply need to call in our goodness that that has given us a win- urge those running to be the President chips, that America can simply rely on dow of hope. Because new technologies of our Nation to come up with a real, the good will of our neighbors. Yes, we have been developed, we are able to comprehensive, workable policy that do many wonderful things for coun- find reserves in deeper water in the will help to maintain stable prices tries. We have stepped up to the plate Gulf of Mexico to give us the balance where our producers can make money to help Mexico and Venezuela most re- we need in domestic production. and turn a profit. Obviously, people cently in a crisis. We have helped, obvi- Whether it is necessary to extend that would not be in business if they could ously, Kuwait. We went to war on their relief now, with prices going up, would not make money. That is why people behalf. But I think just relying on call- be a question for another day. But are in business. We are in government ing in our chips, calling in good will, at thank goodness we did it at the time for different reasons, but business peo- times such as this is, again, one small we did it so we now have increased re- ple usually go into business only if thing that can be done but we most serves and because technology has been they can turn a profit in that enter- certainly do not want to rely on that developed, that helps us to minimize prise or activity. So we have to main- to keep prices stable and to sustain those dry holes, and maximizes—and it tain a stable price at a level where our this great economic boom. I think, makes much more efficient—this ex- domestic industry can make a profit, again, it is a false remedy. traction. We can continue to do those where people can stay in and work. Tax I believe, rather, that some of the things. policies can have a lot to do with that. things we can do internally would help Another thing, we should put our We appreciated the help, although it us to better prepare for situations such money where our mouth is when we was small and somewhat noncom- as this. One would be to have more ag- talk about alternative fuels develop- prehensive, last year when our energy gressive drilling and exploration in the ment. I mentioned natural gas, but we producers were feeling the pinch. We United States. Instead of having oil have solar; we have the potential for hope we can give some short-term re- and gas drilling moratoria as the rule fuel cells; we have other potential lief to those who are clearly suffering and then making exceptions for drill- sources of energy. We cannot take nu- from these high prices. Ultimately, the ing, we should have an aggressive drill- clear off the table, which we have dis- answer lies in long-term, comprehen- ing policy that is environmentally sen- cussed in this body for the last 20 sive fixes, based on real-world econom- sitive. years. I hope now people can appreciate ics and helping the American people March 8, 2000 CONGRESSIONAL RECORD — SENATE S1333 understand with every choice to take for about 20 percent of the electricity gen- ‘‘The electric side does this sort of thing all some area away from drilling or with erated in the nation by 2020. of the time,’’ he says, ‘‘but apparently the every choice to turn away from some ‘‘AGA can play an immensely important gas side has not.’’ role in expanding this new market,’’ says Another program, the Gas Foodservice source of energy, with every decision Neale. In an early step, the association Equipment Network, was launched last fall made, there are consequences to those joined the Distributed Generation Forum, to serve as a resource for information, edu- choices. Then we can create a policy managed by GRI to provide its members with cation and marketing support. The network that Americans feel good about and a technical, regulatory and market informa- is an alliance of utilities, foodservice equip- policy which expands our economy. tion to use in strategic planning and in mar- ment manufacturers, trade associations (in- I ask unanimous consent the article ket-development and education programs. cluding AGA) and other industry partici- ‘‘Fueling the Future’’ be printed in the The membership of the Distributed Genera- pants. The April issue of American Gas will tion Forum comprises gas and electric utili- cover the network’s program. RECORD. ties, manufacturers and other parties devel- FUELING INSTURY AND POWER PLANTS There being no objection, the article oping and promoting distributed generation. The environmental and energy-efficiency was ordered to be printed in the AGA also is working with Congress to make attributes of natural gas technologies will RECORD, as follows: sure nothing in the upcoming electric indus- continue to prove attractive to the operators [From American Gas, March 2000] try deregulation legislation will hamper the of the nation’s factories and power plants. FUELING THE FUTURE distributed generation market. According to the foundation’s forecast, in- dustrial consumption of gas in 2020 will (By Karen Ryan) AT HOME WITH GAS Today, 56 million out of the 102 million reach 11 quads under the current projection Could U.S. consumption of natural gas rise households in the United States—55 per- and 13 quads under the accelerated projec- by as much as 13 quadrillion Btu (quads) over cent—have natural gas service. In 1998, these tion, up from 10.1 quads in 1998. The indus- the next 20 years? A new American Gas customers used 4.5 quads of gas. Residential trial sector has led the resurgence in gas de- Foundation study says it’s certainly a possi- gas consumption is forecast to reach 5.7 mand since the mid-1980’s with factory oper- bility if appropriate policies are imple- quads in 2020 under the study’s current pro- ators selecting a number of innovative new mented. jection. The accelerated projection pegs de- technologies from direct-contact water heat- ‘‘Fueling the Future: Natural Gas & New mand at 7.4 quads, based on continued ers to gas-fired infrared burners. Continued Technologies for a Cleaner 21st Century’’ growth in traditional markets coupled with equipment advances in the new millennium confirms what natural gas industry profes- an assumption that greater demand for gas will offer additional choices. sionals have long suspected: Changes in U.S. Even though coal is forecast to remain the fireplaces, air conditioners, microturbines energy policy that favor increased use of dominant power plant fuel, natural gas is and fuel cells will radically alter the residen- natural gas could improve air quality, con- projected to double its share of this market tial gas market. serve energy and reduce reliance on im- The forecast goes on to say that home by 202 with demand moving up to 6.7 quads ported oil from politically unstable coun- builders will continue to favor gas over elec- under the accelerated projection. This mar- tries. Consequently, the study forecasts that tricity by a wide margin. In 1998, 70 percent ket includes electric utilities as well as inde- pendent (non-utility) power producers. Most the environmental, economic and efficiency of newly built houses were heated with nat- of the rise in power plant gas demand is advantages of natural gas—combined with ural gas. It also assumes that owners of ex- linked to wider use of combined-cycle tech- advances in gas-related technologies and the isting homes will continue to convert their nology, which captures the waste heat pro- introduction of new end-use technologies— heating systems from other fuels to natural duced by the generator’s large gas turbines could help push U.S. gas consumption into gas at the same pace as in the past decade and uses it to produce more electricity. the 35-quad range over the next two decades. when about 200,000 homeowners a year Currently, U.S. gas demand is close to 22 Demand is actually a little lower under the switched fuels. The study sees significant po- accelerated projection than in the current quads a year. tential for conversion of other household The study tracks two scenarios: a ‘‘current projection. The accelerated projection fore- tasks to natural gas in homes already casts that slightly less new generating ca- projection,’’ which shows gas demand reach- hooked to the gas system. ing nearly 30 quads by 2020, and an ‘‘acceler- pacity will be required because: The oper- In addition, gas fireplaces have been a huge ating lives of some coal-fired and nuclear- ated projection,’’ which foresees demand top- draw for energy-conscious consumers in re- ping 35 quads by then based on the adoption powered generating plants will be extended, cent years. The typical gas fireplace is far some new coal-fired plants will be built, dis- of national policies encouraging greater use cleaner than its wood counterparts, elimi- of natural gas. Gas supply will keep pace tributed generation will account for 20 per- nating or making major reductions in a vari- cent of added generation capacity and renew- with rising demand, with at least 84 percent ety of pollutants, including carbon dioxide, of demand in 2020 fulfilled by gas produced able sources of energy will generate more nitrogen oxides, carbon monoxide and soot. electricity in 2020 than today. domestically, compared with 85 percent In fact, wood fireplaces are banned or re- today, says the study. The rest will be im- stricted in a number of areas, including Den- THE NGV MARKET ported primarily from Canada, just as it is ver, Portland, Phoenix and Los Angeles be- ‘‘Fueling the Future’’ sees gas consump- now. The nation’s gas resource base is enor- cause of environmental concerns. Currently, tion in the transportation sector increasing mous, continues the study, and tapping into gas fireplaces account for 125 trillion Btu an- to 2.8 quads by 2020. More than 1.5 quads of it to produce enough gas to sustain 35 quads nually. this growth is attributed to natural gas vehi- of demand will require technological innova- cles (NGVs) although the study points out GETTING DOWN TO BUSINESS tions similar to those that opened up major that widespread use of NGVs will hinge on new domestic sources of gas over the past 15 The businesses and institutions making up the success of on-going efforts to increase years. the commercial market currently use about their driving range and make the vehicles Assuming continued resource base expan- 3 quads of gas annually. Consumption in 2020 more economically competitive, including sion, coupled with continued technological is forecast to total 4.4 quads under the cur- bringing down the purchase price. progress in the ways the nation finds, pro- rent projection and 5.5 quads under the ac- Natural Gas Vehicle Coalition President duces, delivers and uses gas, the cost of gas celerated scenario. New technologies, says Richard Kolodziej reports that roughly 80,000 service will increase only modestly over the the study—especially gas-fueled cooling and NGVs travel U.S. roads today, mainly as next 20 years, says the study. The price of dehumidification systems and aggressive fleet vehicles. The industry’s strategy, he gas purchased at the wellhead is expected to growth in space and water heating and var- says, is ‘‘to pursue the high fuel-use fleet remain in the mid-$2 per MMBtu range. ious food service applications—will drive the market, which includes transit and school demand increase. buses, trash trucks, urban delivery vehicles, THE COMMON DENOMINATOR To help spread the news about gas-based airport shuttles and taxis.’’ ‘‘We believe that the study challenges con- technologies, AGA recently began a national Kolodzeij also notes that the national ventional estimates of the natural gas mar- accounts program aimed at the food-service transportation-related environmental focus ket’s potential,’’ says AGA Chairman Gary and supermarkets sectors. The goal this until recently has been on reducing the auto- Neale, who is president, chairman and CEO year, says Walter Woods, who heads the pro- motive emissions that contribute to smog. of NiSource Inc. Changing energy, techno- gram for AGA, is to call on executives at the ‘‘There is now a growing focus on diesel fuel logical and environmental forces are cre- headquarters of 16 restaurant and 16 super- because of concerns about the health effects ating extraordinary market opportunities market chains to discuss the advantages of of particulates and other air toxins,’’ says for the natural gas industry, from advanced using gas. Kolodzeij. ‘‘Studies are showing that diesel residential furnaces and water heaters to gas ‘‘We hope to persuade these companies to vehicles have a disproportionate impact on cooling, fuel cells and advanced industrial test and specify gas equipment by giving air quality with respect to carcinogenic tox- applications. Neale points to distributed gen- them information they may not have,’’ says ins.’’ The shift in emphasis is improving the eration, as does the study, as a major reason Woods, who is accompanied on the visits by prospects for natural gas in the truck and gas consumption will swell in coming years. representatives of the local gas utilities. One bus markets. In the past two years alone, be- In the accelerated projection, distributed thing Woods has discovered is that some na- tween 17 and 20 percent of all new transit generation—in the form of reciprocating en- tional companies are surprised when a rep- buses that have been ordered have been gines, microturbines and fuel cells—accounts resentative of the gas industry pays a visit. fueled by natural gas, he says. S1334 CONGRESSIONAL RECORD — SENATE March 8, 2000 OTHER OPTIMISTIC OUTLOOKS American Gas Foundation’s study is a bit ADJOURNMENT UNTIL 9:30 A.M. more optimistic, predicting a slightly higher Reality check: Is the American Gas Foun- TOMORROW potential for demand. It also projects market dation’s accelerated scenario too optimistic? growth differently—attributing potential The PRESIDING OFFICER (Mr. Not especially when compared with some higher demand coming more from end-use other recent projections. While the other applications in the residential and commer- BROWNBACK). Under the previous order, forecasts may use different parameters to ar- cial sectors rather than from electricity gen- the Senate stands in adjournment until rive at their conclusions and look only as far eration. The foundation is also more opti- 9:30 a.m. tomorrow. as 2015, they all reach basically the same mistic that technology in the natural gas in- conclusion: Gas use will rise substantially in dustry—from exploration and production Thereupon, the Senate, at 7:09 p.m., the early years of the new century. through transmission, distribution and end adjourned until Thursday, March 9, In contrast with GRI’s and the National use—will continue to advance at a pace simi- 2000, at 9:30 a.m. Petroleum Council’s recent studies, the lar to that in the 1990s.