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

Vol. 145 WASHINGTON, MONDAY, OCTOBER 4, 1999 No. 132 House of Representatives The House met at 12:30 p.m. and was SPORTS MILESTONES FOR wins; Shane Reynolds, with 16 impres- called to order by the Speaker pro tem- HOUSTON sive, hard-fought wins; and Billy Wag- pore (Mr. TANCREDO). Mr. BENTSEN. Mr. Speaker, I rise ner, the best closer in baseball, with 39 today in recognition of two important saves; and a bullpen that set a remark- f sports milestones that were achieved able record for winning every game in yesterday in my congressional district which they held a lead after eight in- DESIGNATION OF SPEAKER PRO in the City of Houston. nings. TEMPORE The first milestone was the Houston With the steady veteran presence of The SPEAKER pro tempore laid be- Astros’ clinching the National League fan favorites Craig Biggio, Jeff fore the House the following commu- Central Division title for the third year Bagwell, Ken Caminiti, and Carl Ever- nication from the Speaker: in a row. While their 97-win season was ett, the Astros were able to overcome the adversity of injuries and find a way impressive, equally impressive was the WASHINGTON, DC, to win 97 games. October 4, 1999. division race, which lasted until the A second important Houston sports I hereby appoint the Honorable THOMAS G. final day of the regular season. Yester- milestone was also achieved yesterday TANCREDO to act as Speaker pro tempore on day, Astros 22-game winner Mike this day. in the Astrodome, with the end of the Hampton took the mound on only 3 1999 regular season. It is special be- J. DENNIS HASTERT, days’ rest and delivered a decisive per- Speaker of the House of Representatives. cause, after 35 years, yesterday’s divi- formance, guiding the Astros to the sion-clinching game was the last f Central Division title. Astros regular season game in the Despite a year plagued by injuries, place known in Houston as the Dome. MESSAGE FROM THE SENATE forcing the team to use the disabled Next year, the Astros will begin play list 16 times, the Astros managed to at Enron field, a new ballpark in the A message from the Senate by Mr. finish the season with the second high- Lundregan, one of its clerks, an- heart of downtown Houston. But the est win total in franchise history. Astros’ history, for better or worse, has nounced that the Senate agrees to the Starting with the loss of outfielder amendment of the House to the bill (S. been established in the Astrodome, the Moises Alou in the off season, this sea- Eighth Wonder of the World. The brain- 323) ‘‘An Act to redesignate the Black son was undoubtedly a test for Astros Canyon of the Gunnison National child of Judge Roy Hofheinz, the Astro- players and fans alike. The only Astros dome has been the site of 35 years of Monument as a national park and es- position players who did not spend tablish the Gunnison Gorge National great sports memories. time on the disabled list were first The Dome saw Elvin Hays meet Lew Conservation Area, and for other pur- baseman Jeff Bagwell and second base- Alcindor for a classic college basket- poses.’’ man Craig Biggio, both of whom who ball game in 1968. Mohammed Ali f have had career years leading the Na- fought there, Elvis and Selena per- tional League in RBIs and doubles re- formed there, Evel Knievel jumped, spectively. MORNING HOUR DEBATES Billy Graham preached, and Billie Jean The team also weathered the tem- King and Bobby Riggs played a score- The SPEAKER pro tempore. Pursu- porary loss of manager Larry Dierker, settling tennis match. ant to the order of the House of Janu- whose rapid recovery from brain sur- The Oilers won big games and lost a ary 19, 1999, the Chair will now recog- gery revealed the strength and breadth few there, the University of Houston nize Members from lists submitted by of his character. But in the end, what Cougars called the Dome their home, the majority and minority leaders for drove the Astros to victory was the and the Houston Livestock Show and morning hour debates. The Chair will team performance on the field: great Rodeo have maintained one of Hous- alternate recognition between the par- pitching, fielding, defense and timely ton’s most important traditions with ties, with each party limited to 30 min- hitting. countless concerts and rodeos that utes, and each Member, except the ma- Of particular note was the Astros’ have thrilled millions. jority leader, the minority leader, or amazing pitching staff: Mike Hampton, But the Astrodome will always be the minority whip, limited to 5 min- who set a team record with 22 wins, the identified first with the Houston utes. best in the National League; Jose Astros. The Astrodome’s opening in The Chair recognizes the gentleman Lima, whose animation and love for 1965 was so special that the New York from Texas (Mr. BENTSEN) for 5 min- the game delighted fans and whose Yankees traveled to Houston for an ex- utes. commitment to succeed resulted in 21 hibition game, which saw the very first

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

H9243

. H9244 CONGRESSIONAL RECORD — HOUSE October 4, 1999 Dome home run hit by none other than controversial. Why is it controversial? The Secretary of Labor has said that Mickey Mantle, witnessed by President Well, because in a pique, in a pique, the they find unacceptable the changes Lyndon B. Johnson, who attended the Republican leadership is very angry that were made to the Senior Commu- game with tens of thousands of his fel- with one of the many senior groups nity Service Employment program au- low Texans, including myself. which participates in the Older Ameri- thorized under title 5 of the Older The scoreboard, unlike any other in cans Act employment programs, the Americans Acts. We believe this sports, shared color, lights, and Texas National Council of Senior Citizens, change would significantly diminish pride for all who entered. The team, who regularly advocate for progressive the effectiveness of the Senior Commu- with their often colorful uniforms, issues for seniors, for prescription drug nity Service Employment programs. played their hearts out, rain or shine, coverage and other things. Yes, they So why? Why are they doing this? It in the 72-degree comfort of the Dome. ding the Republican leadership and the is so sad. Again, just to repeat one last The list of players who wore the Republicans a bit. time that, because they are angry at Houston Astros uniform is legendary, So in a pique, to get at that one one senior citizen group that has advo- from Jimmy Wynn to Joe Morgan, group that they hate, they are going to cated against some of their priorities, Larry Dierker to Rusty Staub, Nolan take and penalize all the other senior their misplaced priorities here, they Ryan to Mike Scott, Art Howe to groups who actually do 90 percent of going to penalize all the senior citizen Dickie Thon, Phil Garner to Ken the senior employment and arbitrarily groups, including Green Thumb, which Caminiti, Don Wilson to Billy Wagner, change the program. has got one of the most successful em- Glenn Davis to Jeff Bagwell, Bill Doron What are the Republicans, the party ployment programs for hard-to-serve to Craig Biggio, Craig Reynolds to of small government, the party of the rural low-income seniors in this coun- Doug Rader, Cesar Cedeno to Jose private sector, the party of charitable try and provides vital services in thou- Cruz, Joe Niekro to Alan Ashby, and nonprofit groups going to do? They are sands of communities across America. J.R. Richard to Dave Smith. going to rip money away from a very They are going to have millions of There have been many unforgettable successful program being operated now dollars ripped out of their budget and moments and unforgettable athletes by dozens of other senior groups and delivered to State bureaucracies that who have played the game of baseball give it to the States. will not spend it as efficiently and per- for the Astros. Now, as the final chap- Well, one might say, what is wrong haps will not be able to spend it at all. ter of the 1999 Astros season is being with that? Well, even in my own State, I urge people to oppose this bill under written in the playoffs, this generation which is recognized as the leader on the suspension of the rules. of Houston Astros players will have a senior citizen issues, they are less effi- chance to bring home the team’s first cient and less capable. They get fewer f World Series title to the city of Hous- people placed for the same amount of RECESS ton. money as the private nonprofit senior The next generation of Astros stars groups do. They get fewer people The SPEAKER pro tempore. Pursu- will play their games in the new ball- through this program. They serve a dif- ant to clause 12 of rule I, the Chair de- park, in itself a modern marvel. But ferent clientele. clares the House in recess until 2 p.m. there is only one Astrodome, and Hous- Actually, the States serve the easier- Accordingly (at 12 o’clock and 42 ton fans and the athletes who per- to-serve clientele, the urban clientele, minutes p.m.), the House stood in re- formed so greatly there will never for- the more educated clientele than do cess until 2 p.m. get it or the franchise that proudly the disbursed groups like Green Thumb f played there for the great fans of the and others who go into rural areas city of Houston. where the States do not have the capa- b 1400 f bility of going. This is extraordinarily unfortunate AFTER RECESS OPPOSE H.R. 782, OLDER that this bill should come forward in The recess having expired, the House AMERICANS ACT this form. It is going to come forward was called to order at 2 p.m. The SPEAKER pro tempore. Under under the suspension of the rules. No the Speaker’s announced policy of Jan- amendments allowed. We could have at f uary 19, 1999, the gentleman from Or- least had a fair fight over this issue. egon (Mr. DEFAZIO) is recognized dur- Given the fact that more than half of PRAYER ing morning hour debates for 5 min- the House has cosponsored my legisla- The Chaplain, Rev. James David utes. tion, bipartisan legislation, I believe Ford, D.D., offered the following pray- Mr. DeFAZIO. Mr. Speaker, I had we would have prevailed. er: hoped that today would be a day to cel- But we will not be allowed to offer an O gracious God, in whom we live and ebrate. For 4 years, the Older Ameri- amendment to this bill. There will be move and have our being, we are grate- cans Act has languished in this House 40 minutes of debate. We have waited 4 ful that Your blessings are over us and of Representatives. The authorization years. Only the people who are running Your everlasting arms are beneath us. expired 4 years ago. We have been oper- this House of Representatives after 4 We know, O God, that Your spirit gives ating off of a continuing appropriations years could deliver a turkey like this, us strength when we are weak, chas- resolutions for 4 years. a bill that is going to hurt senior citi- tens us when we miss the mark, for- Because of that, there has been no in- zens. gives us and makes us whole. We are flation adjustment in many crucial Instead of helping them when this thankful that we can begin a new week programs for our senior citizens. Be- should have been a day to celebrate for energized by Your faithfulness and cause of that, there has been no review America’s senior citizens, it will be a comforted by Your many mercies. and addition to the Older Americans day that we will look back upon and Bless all Your people, O God, and may Act of new programs to serve the vital say how is it now that the Older Ameri- Your peace that passes all human un- needs of our seniors. cans Act senior employment programs derstanding be with each one of us now I introduced bipartisan legislation were destroyed, they were destroyed and evermore. Amen. the beginning of the session. We have because a few people in the majority more than half of the Members of this were mad at one senior group that gets f House of Representatives on that wide- a tiny fraction of the money under this ly agreed-upon legislation. bill. So they dumped money into State THE JOURNAL But now, in rather a bit of a surprise bureaucracies that were incapable of The SPEAKER. The Chair has exam- move, the Republican leadership is doing the job. That is a sad day. ined the Journal of the last day’s pro- popping out an Older Americans Act In addition to that, we find that the ceedings and announces to the House revision to the floor, H.R. 782, under administration is very opposed to this. his approval thereof. suspension of the rules, no amend- Perhaps they can even get this on to Pursuant to clause 1, rule I, the Jour- ments allowed, that is extraordinarily the veto list if they try hard enough. nal stands approved. October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9245 PLEDGE OF ALLEGIANCE CORRECT THE OLDER AMERICANS It was a bad bill, and it is best that The SPEAKER. Will the gentleman ACT TO REFLECT HIGHER PER- it was pulled. It needs more work be- from Texas (Mr. LAMPSON) come for- CENTAGE OF SENIORS fore it comes to the floor of the House, ward and lead the House in the Pledge (Mr. MILLER of Florida asked and and it should come under open rule so of Allegiance. was given permission to address the amendments can be offered. We have Mr. LAMPSON led the Pledge of Alle- House for 1 minute and to revise and waited 4 years. It should not be under giance as follows: extend his remarks.) a closed procedure. f I pledge allegiance to the Flag of the Mr. MILLER of Florida. Mr. Speaker, United States of America, and to the Repub- I rise to express my concerns about the PROTECTING THE AMERICAN PEO- lic for which it stands, one nation under God, Older American Act that was supposed PLE, PART OF RONALD REA- indivisible, with liberty and justice for all. to be on the floor today and apparently GAN’S DREAM f will be delayed. This is reauthorization (Mr. ROHRABACHER asked and was of some very, very important programs RECOGNIZING ANDRE AGASSI given permission to address the House in this country, and as a Congressman for 1 minute and to revise and extend FIFTH GRAND SLAM TITLE AND who represents the largest number of GRAND SLAM FOR CHILDREN his remarks.) seniors in a congressional district in Mr. ROHRABACHER. Mr. Speaker, (Mr. GIBBONS asked and was given the southwest part of Florida, it is of back in the 1980’s I had the honor of permission to address the House for 1 great concern for me because of pro- being one of Ronald Reagan’s speech minute and to revise and extend his re- grams like Meals on Wheels and other writers and worked with him closely in marks.) senior programs that need to be au- developing some of the ideas that were Mr. GIBBONS. Mr. Speaker, it is thorized, and they are essential pro- under attack then but nowadays seem with great pleasure that I come to the grams. to have come to fruition. And it is dif- floor today to recognize and congratu- The bill that was being proposed had ficult for me to come here today and to late a tennis superstar and fellow Ne- some really good innovations and just especially in light of what Edmond vadan for capturing his fifth Grand ideas, a care-giver program so that we Morris has written about the President Slam title and his second in 1999. It need to expand upon and create a spe- and is writing about the President, was merely 2 years ago when the sports cialized program for it. However, the saying about President Reagan, but I writers claimed that Andre Agassi was real problem in that bill was the fund- think we should all remember that over the hill in world tennis competi- ing formula. Florida, having the larg- Ronald Reagan had a vision and set tion. However, after a superb summer est number of seniors, should get its America in motion to do things that which consisted of his winning the proportionate share of money, but it is have put us in an era of prosperity and French Open title, a second-place fin- biased because it is Florida; and that an era of peace. ish at Wimbledon, and winning the U.S. was just plain wrong to say Florida I was there when Ronald Reagan, for Open title, Agassi recaptured the num- gets less percentage-wise than other example, launched the program aimed ber one ranking and once again the top States. We have more seniors. The sen- at developing a missile defense system of the tennis world. iors keep moving to Florida, and they for the United States of America. Ev- Mr. Speaker, Agassi’s unparalleled have got a program in the bill that erybody said that it could not be done. performances do not end on the court. says its 1987 census numbers are what He was ridiculed. He wanted a system For the fifth consecutive year Andre we are living with. that, if someone were shooting a mis- Agassi’s charitable foundation hosted a Mr. Speaker, people keep moving to sile at us were armed with an atomic Grand Slam for Children that raises Florida, and we have got to keep allow- bomb, a nuclear warhead, that we money to assist at-risk youth in Las ing the money to follow the seniors, could have protected from that, thus Vegas. With Andre’s dedication and and that was the only real problem saving millions of Americans. And they tireless efforts, the event raised nearly with that bill. Otherwise it is a very said it could not be done. They ridi- $4 million to help these children. good bill, and I hope it is brought back culed him, and of course this weekend So, to Andre Agassi I congratulate to the floor with the correction. I am proud to announce that we have him on his fifth Grand Slam title and f had another successful test of an anti- also thank him for his outreach and as- missile system to protect the American sistance to the children of Nevada. We THE OLDER AMERICANS ACT people, part of Ronald Reagan’s dream. are indeed proud of him. NEEDS MORE WORK f f (Mr. DEFAZIO asked and was given DEMOCRATIC CALLOUSNESS permission to address the House for 1 (Mr. ARMEY asked and was given STONE COLD PROMOTION OF minute.) GARBAGE permission to address the House for 1 Mr. DeFAZIO. Mr. Speaker, actually minute and to revise and extend his re- (Mr. TRAFICANT asked and was H.R. 782, the reauthorization of the marks.) given permission to address the House Older Americans Act which we have Mr. ARMEY. Mr. Speaker, the do- for 1 minute and to revise and extend been awaiting for 4 years, had many nothing Democrats are at it again. his remarks.) other problems; and it is best that it This morning the Census Bureau an- Mr. TRAFICANT. Mr. Speaker, it is was pulled. This is legislation that is nounced that the ranks of the unin- not just about the Virgin Mary splat- vitally needed so we can better fund sured have grown by one million people tered with cow manure; it is about and prioritize programs for senior citi- in this last year. How did the do-noth- common decency. The Brooklyn Mu- zens. ing Democrats respond to that news? seum of Art is displaying a portrait of But the bill was going to take money Well, essentially, Mr. Speaker, they a pedophile that features the hand- from the Older American Employment told the uninsured to drop dead. That prints of the children he murdered. programs, away from the efficient, the is right. They scheduled a press con- Think about it: on display in New private nonprivate providers and dump ference for this afternoon to denounce York City, the handprints of America’s it on State bureaucracies that have no our access bill for the uninsured. On murdered children. track record and in fact where they do the very day we learn that 44.3 million Beam me up, Mr. Speaker. This is not have a track record, one that is less ef- Americans went without health insur- freedom of expression; this is stone fective and less efficient. It also was ance last year, the Democrats an- cold promotion of garbage. Congress going to cut congregant meals for sen- nounce that they are standing in the should be supporting Mayor Giuliani’s iors under the theory that they should hospital door to make sure that no Re- attempt to stop public funding of this just stay home; it is cheaper to serve publican gets credit for helping the un- type of trash. them there than to have them come to insured. I yield back the handprints of Amer- congregant meal sites, missing out on How callous can they be? ica’s murdered children on display in the vital socialization function and And where are their solutions for the the great City of New York. others things that go on there. uninsured? Nowhere to be seen. H9246 CONGRESSIONAL RECORD — HOUSE October 4, 1999 Meanwhile, they are calling our ac- UNDERSTAND THE FACTS ABOUT b 1415 cess bill for the uninsured a poison pill. THE OLDER AMERICANS ACT EARNING THE RESPECT OF How dare they. (Mr. GOODLING asked and was given AMERICA Now I ask you, Mr. Speaker, what is permission to address the House for 1 (Mr. LAMPSON asked and was given poisonous about expanding community minute.) permission to address the House for 1 health centers for the poor? What is Mr. GOODLING. First of all, Mr. minute and to revise and extend his re- poisonous about giving the cashier at Speaker, I would tell the gentleman marks.) the hardware store the same tax deduc- that I just read in the newspaper last Mr. LAMPSON. Mr. Speaker, perhaps tion for health care that now a cor- week where the minority leader said the best thing to do, to sum up all of porate CEO gets? What is poisonous that the Democrats are determining this, is let us get past the partisan about letting every American have a what the legislation is on the floor of rhetoric, get down to business, and do medical savings account? What is poi- the House, so that is kind of inter- our jobs, and maybe then America will sonous about letting small business esting. But that is not why I wanted to respect what we are doing here. band together to buy cheaper coverage speak. f for their workers? What is poisonous, I have heard a lot of people, many, Mr. Speaker, about giving hard-work- ANNOUNCEMENT BY THE SPEAKER talking about the Older Americans PRO TEMPORE ing families special relief for providing Act, and unfortunately they do not The SPEAKER pro tempore (Mr. MIL- long-term care for their aging parents? know what they are talking about. The LER of Florida). Pursuant to clause 8 of Mr. Speaker, there are 44.3 million Older Americans Act, which we worked rule XX, the Chair announces that he Americans that do not think access to on for 6 months, the gentleman from will postpone further proceedings affordable health coverage is a poison California (Mr. MCKEON) and the gen- today on each motion to suspend the pill. The only poison in this debate is tleman from California (Mr. MARTINEZ) rules on which a recorded vote or the the callousness of the do-nothing and the gentleman from Nebraska (Mr. yeas and nays are ordered or on which Democrats. They ought to be ashamed, BARRETT), as a matter of fact does the vote is objected to under clause 6 of Mr. Speaker. more than it has ever done before in an rule XX. authorization as far as employment Any rollcall votes on postponed ques- f programs are concerned, as far as tions will be taken after debate has States are concerned. If my colleagues concluded on all motions to suspend only understood the way the legisla- REPUBLICANS DO LITTLE OR the rules, but not before 6 p.m. today. tion is now and has been for years, says NOTHING ON ISSUES THAT CON- f CERN THE AMERICAN PEOPLE that 45 percent of all of the money will stay in Washington, 55 percent will go COMMERCIAL SPACE TRANSPOR- (Mr. DOGGETT asked and was given back to the State. That is not the way TATION COMPETITIVENESS ACT permission to address the House for 1 it has been appropriated. It has been OF 1999 minute.) appropriate 78 and 22. But that is not Mr. SENSENBRENNER. Mr. Speak- Mr. DOGGETT. Mr. Speaker, this the way it is authorized. We improved er, I move to suspend the rules and term, do-nothing Democrats, is a curi- that, and we said just reverse, 55 per- pass the bill (H.R. 2607) to promote the ous term to me. As best I remember, cent will stay here, 45 percent will go development of the commercial space the Republicans have a majority in back. transportation industry, to authorize this House, the Republicans have a ma- So be sure to understand the facts appropriations for the Office of the As- jority in the United States Senate; and about what it was we wanted to present sociate Administrator for Commercial yet they have been unable to complete which we will not present during this Space Transportation, to authorize ap- their work. We have begun this new session of Congress again. propriations for the Office of Space Federal fiscal year without the nec- Commercialization, and for other pur- essary appropriations acts and they f poses, as amended. have yet to even present one of the The Clerk read as follows: largest of those appropriations acts for NEVER AGAIN H.R. 2607 our consideration. Likewise, they have Be it enacted by the Senate and House of (Mr. SENSENBRENNER asked and produced so far this year, perhaps, the Representatives of the United States of America was given permission to address the most unique set of legislative accom- in Congress assembled, House for 1 minute and to revise and plishments largely centering on nam- SECTION 1. SHORT TITLE. extend his remarks.) ing a few places and buildings and me- This Act may be cited as the ‘‘Commercial morial coins and doing little or noth- Mr. SENSENBRENNER. Mr. Speak- Space Transportation Competitiveness Act of 1999’’. ing on the real issues that concern the er, my good friend from Texas (Mr. American people. DOGGETT) has a very short memory. He SEC. 2. FINDINGS. tells the House and the American peo- The Congress finds that— One of those real issues is having a ple to give us a Democratic majority (1) a robust United States space transpor- true patients’ bill of rights for those in and we will show them what we can do. tation industry is vital to the Nation’s eco- nomic well-being and national security; managed health care. With consider- Mr. Speaker, I remember the last time ation of important consumer legisla- (2) a 5-year extension of the excess third there was a Democratic majority and party claims payment provision of chapter tion delayed this month after month, the Speaker from Texas, and the House 701 of title 49, United States Code, (Commer- week after week, we will finally this passed no appropriations bills at all by cial Space Launch Activities) is necessary at week have an opportunity to provide the 30th of September, and all 13 appro- this time to protect the private sector from Americans some real protection with a priation bills ended up being put in one uninsurable levels of liability; genuine patients’ bill of rights. That is huge massive and continuing resolu- (3) enactment of this extension will have a what Democratic efforts, joined with a tion that the President of the United beneficial impact on the international com- petitiveness of the United States space handful of Republicans who were will- States, Ronald Reagan, plunked on ing to buck their leadership to stand transportation industry; that desk there, stack after stack after (4) space transportation may eventually up for the rights of ordinary Americans stack, and said no way will I ever sign move into more airplane-style operations; against mismanaged care, can accom- one of those continuing resolutions (5) during the next 3 years the Federal plish. again. Government and the private sector should Give us a Democratic majority, and Now that is what happened the last analyze and determine whether a more ap- propriate and effective liability risk-sharing my colleagues will really see what time there was a Democratic majority, regime can be achieved and, if so, develop Democrats can do to address health and I hope that we never have that and propose the new regime to Congress at care and other concerns of American happen again under either a Repub- least 2 years prior to the expiration of the Families. lican or Democratic majority. extension contained in this Act; October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9247 (6) the areas of responsibility of the Office plied and, if not, what liability regime There was no objection. of the Associate Administrator for Commer- should attach to space transportation activi- (Mr. SENSENBRENNER asked and cial Space Transportation have significantly ties, whether ultrahazardous activities or was given permission to revise and ex- increased as a result of— not; tend his remarks.) (A) the rapidly expanding commercial (4) examine how relevant international Mr. SENSENBRENNER. Mr. Speak- space transportation industry and associated treaties affect the Federal Government’s li- government licensing requirements; ability for commercial space launches and er, I yield myself such time as I may (B) regulatory activity as a result of the whether the current domestic liability risk- consume. emerging commercial reusable launch vehi- sharing regime meets or exceeds the require- Mr. Speaker, H.R. 2607, the Commer- cle industry; and ments of those treaties; cial Space Transportation Competi- (C) the increased regulatory activity asso- (5) examine whether and when the commer- tiveness Act of 1999, provides a 5-year ciated with commercial operation of launch cial space transportation liability regime extension for what is commonly re- and reentry sites; and could be conformed to the approach of the ferred to as indemnification. This ex- (7) the Office of the Associate Adminis- airline liability regime; and tension is necessary to protect space trator for Commercial Space Transportation (6) include recommendations on whether should engage in only those promotional ac- the commercial space transportation liabil- transportation companies from unin- tivities which directly support its regulatory ity regime should be modified and, if so, surable levels of liability and to en- mission. what modifications are appropriate and what hance the international competitive- SEC. 3. OFFICE OF COMMERCIAL SPACE TRANS- actions are required to accomplish those ness of the American companies. The PORTATION. modifications. current indemnification provision ex- (a) AMENDMENT.—Section 70119 of title 49, (c) SECTIONS.—The report required by this pires at the end of this year, so we need United States Code, is amended to read as section shall include— to move quickly in order to get this ex- follows: (1) a section containing the views of— (A) the Office of the Associate Adminis- tension enacted before the end of the ‘‘§ 70119. Office of Commercial Space Trans- trator for Commercial Space Transportation; year. portation (B) the National Aeronautics and Space H.R. 2607 also includes a reporting ‘‘There are authorized to be appropriated Administration; provision on whether the current risk- to the Secretary of Transportation for the (C) the Department of Defense; sharing regime should be modified. The activities of the Office of the Associate Ad- (D) the Office of Space Commercialization; report calls for separate sections from ministrator for Commercial Space and Transportation— the Federal Government, the U.S. (E) any other interested Federal agency, space transportation providers and cus- ‘‘(1) $6,275,000 for fiscal year 1999; on the issues described in subsection (b); ‘‘(2) $7,000,000 for fiscal year 2000; (2) a section containing the views of United tomers, the insurance industry and the ‘‘(3) $8,300,000 for fiscal year 2001; and States commercial space transportation pro- general public. This report will provide ‘‘(4) $9,840,000 for fiscal year 2002.’’. viders on the issues described in subsection the basis for Congressional hearings (b) TABLE OF SECTIONS AMENDMENT.—The (b); and public debate in the future and item relating to section 70119 in the table of (3) a section containing the views of United should provide the framework for the sections of chapter 701 of title 49, United States commercial space transportation cus- new regime in plenty of time before States Code, is amended to read as follows: tomers on the issues described in subsection this extension expires in 2004. ‘‘70119. Office of Commercial Space Trans- (b); The bill also includes authorizations portation.’’. (4) a section containing the views of the in- for the Office of Commercial Space surance industry on the issues described in SEC. 4. OFFICE OF SPACE COMMERCIALIZATION. Transportation and the Office of Space (a) AUTHORIZATION OF APPROPRIATIONS.— subsection (b); and There are authorized to be appropriated to (5) a section containing views obtained Commercialization, and requires a re- the Secretary of Commerce for the activities from public comment received as a result of port on the objectives, activities and of the Office of Space Commercialization— notice in Commerce Business Daily, the Fed- plans of the Office of Space Commer- (1) $530,000 for fiscal year 2000; eral Register, and appropriate Federal agen- cialization. (2) $550,000 for fiscal year 2001; and cy Internet websites on the issues described In short, this is a straightforward (3) $570,000 for fiscal year 2002. in subsection (b). bill. It only contains, one, the indem- (b) REPORT TO CONGRESS.—Not later than The Secretary of Transportation shall enter nification extension; two, a report on 90 days after the date of the enactment of into appropriate arrangements for a non- how indemnification might be struc- this Act, the Secretary of Commerce shall Federal entity or entities to provide the sec- transmit to the Congress a report on the Of- tions of the report described in paragraphs tured in the future; three, authoriza- fice of Space Commercialization detailing (2), (3), and (4). tions for two small commercial space the activities of the Office, the materials SEC. 7. STUDY OF APPROPRIATIONS IMPACT ON offices; and, four, a section requiring a produced by the Office, the extent to which SPACE COMMERCIALIZATION. GAO report. the Office has fulfilled the functions estab- Within 90 days after the later of the date of I strongly support this bill, and urge lished for it by the Congress, and the extent enactment of this Act or the date of enact- my colleagues to vote in favor of it. to which the Office has participated in inter- ment of the Departments of Veterans Affairs Mr. Speaker, I reserve the balance of agency efforts. and Housing and Urban Development, and Independent Agencies Appropriations Act, my time. SEC. 5. COMMERCIAL SPACE TRANSPORTATION 2000, the Comptroller General, in consulta- Mr. LAMPSON. Mr. Speaker, I yield INDEMNIFICATION EXTENSION. myself such time as I may consume. Section 70113(f) of title 49, United States tion with the Administrator of the National Aeronautics and Space Administration and Mr. Speaker, I want to rise in sup- Code, is amended by striking ‘‘December 31, United States commercial space industry 1999’’ and inserting ‘‘December 31, 2004’’. port of H.R. 2607. As the gentleman providers and customers, shall transmit to from Wisconsin (Chairman SENSEN- SEC. 6. LIABILITY REGIME FOR COMMERCIAL the Congress a report on the impact of that BRENNER) has very eloquently stated, SPACE TRANSPORTATION. appropriations Act on the future develop- (a) REPORT REQUIREMENT.—Not later than ment of the United States commercial space this bill addresses a clear need of the 18 months after the date of the enactment of industry. U.S. commercial space industry. this Act, the Secretary of Transportation The SPEAKER pro tempore. Pursu- A central feature of the bill is a 5- shall transmit to the Congress a report on year extension of the commercial space the liability risk-sharing regime in the ant to the rule, the gentleman from Wisconsin (Mr. SENSENBRENNER) and launch indemnification authority that United States for commercial space trans- has existed in law since 1988. That au- portation. the gentleman from Texas (Mr. (b) CONTENTS.—The report required by this LAMPSON) each will control 20 minutes. thority has established a risk-sharing section shall— The Chair recognizes the gentleman regime between the launch industry (1) analyze the adequacy, propriety, and ef- from Wisconsin (Mr. SENSENBRENNER). and the Federal Government. That in- fectiveness of, and the need for, the current GENERAL LEAVE demnification authority has helped to liability risk-sharing regime in the United Mr. SENSENBRENNER. Mr. Speak- level the international playing field States for commercial space transportation; er, I ask unanimous consent that all with non-U.S. space launch companies (2) examine the current liability and liabil- Members may have 5 legislative days whose governments have provided ity risk-sharing regimes in other countries them with similar risk-sharing ar- with space transportation capabilities; within which to revise and extend their (3) examine whether it is appropriate for remarks on H.R. 2607, as amended. rangements. The provisions have not all space transportation activities to be The SPEAKER pro tempore. Is there cost the U.S. taxpayer a single dollar deemed ‘‘ultrahazardous activities’’ for objection to the request of the gen- since they went into force a decade which a strict liability standard may be ap- tleman from Wisconsin? ago. H9248 CONGRESSIONAL RECORD — HOUSE October 4, 1999 The indemnification authority has these new space transportation tech- I think that these provisions are critical to been renewed once since its initial es- nologies that will keep America the the continued health of the U.S. commercial tablishment, and H.R. 2607 would ex- number one power in commercial space space launch industry, and I urge my col- tend that authority for another 5 as well as the number one power in leagues to support H.R. 2607. years. I believe that extension of the some of the space projects that are Ms. JACKSON-LEE of Texas. Mr. Speaker, indemnification authority is in our Na- being developed for dual use with the I support H.R. 2607, the Commercial Space tion’s best interests, and I urge Mem- Defense Department and NASA as well Transportation Competitiveness Act of 1999. bers to vote to suspend the rules and as in the private sector. This act will further support the development pass the bill. Mr. Speaker, I again thank the gen- of America's commercial space transportation Mr. Speaker, I reserve the balance of tleman from Wisconsin, the chairman industry by bolstering our ability to compete in my time. of the committee, for discharging this the international arena. Mr. SENSENBRENNER. Mr. Speak- bill, and for supporting it, and for the The commercial launch industry has grown er, I yield such time as he may con- leadership he has provided for Amer- tremendously during the last decade. Our na- sume to the gentleman from California ica’s space industry. tion's companies hold close to 50 percent of (Mr. ROHRABACHER). Mr. GORDON. Mr. Speaker, I want to speak the world market share, and most important, (Mr. ROHRABACHER asked and was in support of H.R. 2607. This bill has as its our launch vehicles have a strong reliability given permission to revise and extend central element a provision that would extend record. With the incredible leaps that we have his remarks.) the launch indemnification authority that was experienced in the technology field, the use of Mr. ROHRABACHER. Mr. Speaker, I established in the Commercial Space Launch commercial satellites has increasingly become thank the gentleman from Wisconsin, Act, as amended. That authority established a more and more important. In addition both my friend and chairman of the Com- predictable, well understood risk-sharing re- NASA and the Department of Defense are in- mittee on Science, for discharging H.R. gime that has helped the growth of the U.S. creasingly making use of commercial launch 2607 and bringing it to the floor today. commercial space launch industry over the in- services. Most notable experts predict contin- Mr. Speaker, this legislation is just tervening decade. The provision of limited in- ued growth in the industry. one more thing that this Congress is demnification has long been a cornerstone of As a Member of the House Science Com- doing to respond to the Cox Commit- our nation's approach to preserving a healthy mittee, I attended the hearings that examined tee’s report and strengthen America’s and competitive launch industry. this bill and the barriers to commercial space space transportation industry. This bill However, under the existing statute, these launches. During those hearings, the space authorizes two important offices which provisions will expire at the end of the current transportation industry expressed the opinion regulate and promote this industry and calendar year unless renewed. H.R. 2607 that we could do more. This bill begins to ad- renews commercial launch indem- would extend those provisions for another five dress these concerns and shows the industry nification authority for 5 years beyond years. At our hearings this year, there has that Congress has not lost focus on the bigger picture. its expiration at the end of this year. been a broad consensus on the need to The measure most often mentioned by the America’s space transportation in- renew the indemnification authority. I hope dustry is still in its childhood as far as industry was the extension of the commercial that we will do so today. space launch indemnification provision. Begun maturity goes. It is becoming very dy- In addition to the indemnification extension, in 1988 by an amendment to the Commercial namic. We are now experiencing and the bill contains a number of other provisions Space Launch Act, this measure significantly witnessing many reusable launch as that I am less enthusiastic about. For exam- lowered the barriers to growth in the commer- well as expendable launch vehicles ple, one finding of the bill would limit the De- under development that in the future cial space transportation industry. These partment of Transportation's ability to engage amendments in the wake of the Challenger will serve America well. in non-regulatory activities that have done In the future, I would hope that the disaster put forth a risk-sharing regime. This much to advance the state of the U.S. launch indemnification between the Federal govern- government could shoulder less risk so industry. that the industry is fully motivated to ment and the commercial industry was de- In addition, there are funding levels in the signed to help transition and foster growth invest in more reliable and safe and re- bill for the Department of Transportation's Of- usable launch vehicles. In fact, as the within the commercial industry. fice of Commercial Space Transportation that H.R. 2607 will provide for the extension of reusables that are under development may not be commensurate with the regulatory the Commercial Space Transportation Indem- now and the expendables that are responsibilities that Congress has levied upon nification Extension. In addition, this act is under development now come into fru- that Office. However, since I am confident that asking the Transportation Department to ex- ition, as they are put into practice and those concerns can be addressed in Con- amine and make a determination regarding a they are put into service for the Amer- ference, I did not see any reason to prevent better risk-sharing regime. ican people, we expect these space the bill from being considered on the suspen- This bill is an important step but we need to transportation systems to be developed sion calendar. In my opinion, it is important continue to answer the questions of how the and to be further improved so that in- that we move this bill forward and ensure that federal government can continue to facilitate demnification will not quite be the the launch indemnification authority is re- growth in the commercial industry five to ten issue that it is at this stage in Amer- newed in a timely manner. years from now. As technology continues to ica’s space program. Mr. HALL of Texas. Mr. Speaker, I rise in advance many of our constituents and the in- Furthermore, this legislation sets in support of H.R. 2607. dustries in our districts will want affordable ac- place an independent process to advise The U.S. commercial space launch industry cess to space and in order to further open the the Congress on how the government currently leads the worlds, and we can all be space frontier America needs to have a strong and the private sector should share the proud of that. commercial space transportation industry. risk in space transportation activities At the same time, U.S. companies face Mr. LAMPSON. Mr. Speaker, I have in the future. So we are preparing for tough competition from overseas launch pro- no further requests for time, and I that day when this type of indemnifica- viders. yield back the balance of my time. tion may no longer be necessary. And each of those non-U.S. companies Mr. SENSENBRENNER. Mr. Speak- In particular, we are asking launch have the support of their countries in sharing er, I yield back the balance of my time. companies, their customers and their the risks associated with launching payloads The SPEAKER pro tempore. The insurers as well, to serve and to give us into space. question is on the motion offered by input into how and when we might One of the important ways that we have the gentleman from Wisconsin (Mr. carefully change the current regime. been able to keep the commercial playing field SENSENBRENNER) that the House sus- By renewing the current regime for 5 level is through the indemnification provisions pend the rules and pass the bill, H.R. years and giving industry the oppor- contained in the Commercial Space Launch 2607, as amended. tunity to shape the future, I believe we Act, as amended. The question was taken; and (two- are serving the taxpayers well and giv- Unfortunately, those provisions are set to thirds having voted in favor thereof) ing America’s space transportation expire at the end of this year if they aren't re- the rules were suspended and the bill, companies a stable business environ- newed. as amended, was passed. ment so they can become more com- H.R. 2607 will extend the indemnification A motion to reconsider was laid on petitive and so that they can develop provisions for another five years. the table. October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9249 STANISLAUS COUNTY, Members may have 5 legislative days RAIL PASSENGER DISASTER CALIFORNIA, LAND CONVEYANCE within which to revise and extend their FAMILY ASSISTANCE ACT OF 1999 Mr. SENSENBRENNER. Mr. Speak- remarks on H.R. 356, as amended. Mr. PETRI. Mr. Speaker, I move to er, I move to suspend the rules and The SPEAKER pro tempore. Is there suspend the rules and pass the bill pass the bill (H.R. 356) to provide for objection to the request of the gen- (H.R. 2681) to establish a program, co- the conveyance of certain property tleman from Wisconsin? ordinated by the National Transpor- from the United States to Stanislaus There was no objection. tation Safety Board, of assistance to County, California, as amended. Mr. SENSENBRENNER. Mr. Speak- families of passengers involved in rail The Clerk read as follows: er, I yield myself such time as I may passenger accidents. H.R. 356 consume. The Clerk read as follows: Be it enacted by the Senate and House of Mr. Speaker, H.R. 356 requires NASA H.R. 2681 Representatives of the United States of America to convey property at the Ames Re- Be it enacted by the Senate and House of Rep- in Congress assembled, search Center to Stanislaus, California. resentatives of the United States of America in SECTION 1. CONVEYANCE OF PROPERTY. NASA retains the right to use the prop- Congress assembled, As soon as practicable after the date of the erty for aviation activities on mutu- SECTION 1. SHORT TITLE. enactment of this Act, the Administrator of ally acceptable terms. The conveyance This Act may be cited as the ‘‘Rail Pas- the National Aeronautics and Space Admin- does not relieve any Federal agency of senger Disaster Family Assistance Act of istration (in this Act referred to as ‘‘NASA’’) its responsibility for any environ- 1999’’. shall convey to Stanislaus County, Cali- SEC. 2. ASSISTANCE BY NATIONAL TRANSPOR- fornia, all right, title, and interest of the mental remediation of soil, ground- TATION SAFETY BOARD TO FAMI- United States in and to the property de- water, or surface water. LIES OF PASSENGERS INVOLVED IN scribed in section 2. NASA relinquishes legislative juris- RAIL PASSENGER ACCIDENTS. SEC. 2. PROPERTY DESCRIBED. diction over the property to the State (a) IN GENERAL.—Subchapter III of chapter The property to be conveyed pursuant to of California. Any additional terms 11 of title 49, United States Code, is amended section 1 is— may be negotiated by the NASA Ad- by adding at the end the following: (1) the approximately 1528 acres of land in ministrator to protect the interests of ‘‘§ 1137. Assistance to families of passengers Stanislaus County, California, known as the involved in rail passenger accidents the United States. NASA Ames Research Center, Crows Landing ‘‘(a) IN GENERAL.—As soon as practicable Facility (formerly known as the Naval Aux- The bill is sponsored by the gen- after being notified of a rail passenger acci- iliary Landing Field, Crows Landing); tleman from California (Mr. CONDIT). dent within the United States involving a (2) all improvements on the land described Last Congress, the Committee on rail passenger carrier and resulting in a in paragraph (1); and Science supported this bill; and the major loss of life, the Chairman of the Na- (3) any other Federal property that is— House passed it. I urge my colleagues tional Transportation Safety Board shall— (A) under the jurisdiction of NASA; to support this bill. ‘‘(1) designate and publicize the name and (B) located on the land described in para- Mr. Speaker, I reserve the balance of phone number of a director of family support graph (1); and my time. services who shall be an employee of the (C) designated by NASA to be transferred Mr. LAMPSON. Mr. Speaker, I yield Board and shall be responsible for acting as to Stanislaus County, California. a point of contact within the Federal Gov- SEC. 3. TERMS. myself such time as I may consume. ernment for the families of passengers in- (a) CONSIDERATION.—The conveyance re- Mr. Speaker, I want to speak in sup- volved in the accident and a liaison between quired by section 1 shall be without consider- port of H.R. 356. This bill was intro- the rail passenger carrier and the families; ation other than that required by this sec- duced by the gentleman from Cali- and tion. fornia (Mr. CONDIT). It has been favor- ‘‘(2) designate an independent nonprofit or- (b) ENVIRONMENTAL REMEDIATION.—(1) The ably reported by the Subcommittee on ganization, with experience in disasters and conveyance required by section 1 shall not Space. posttrauma communication with families, relieve any Federal agency of any responsi- Basically, the bill would convey a which shall have primary responsibility for bility under law, policy, or Federal inter- coordinating the emotional care and support agency agreement for any environmental re- piece of excess property currently of the families of passengers involved in the mediation of soil, groundwater, or surface owned by NASA to Stanislaus County, accident. water. California. The property was pre- ‘‘(b) RESPONSIBILITIES OF THE BOARD.—The (2) Any remediation of contamination, viously owned by the Navy and then Board shall have primary Federal responsi- other than that described in paragraph (1), transferred to NASA. NASA currently bility for— within or related to structures or fixtures on ‘‘(1) facilitating the recovery and identi- the property described in section 2 shall be has no use for the property. This bill does, however, make provision for fication of fatally injured passengers in- subject to negotiation to the extent per- volved in an accident described in subsection mitted by law. NASA to retain the right to use the (a); and (c) RETAINED RIGHT OF USE.—NASA shall property for aviation activities under ‘‘(2) communicating with the families of retain the right to use for aviation activi- terms and conditions mutually accept- passengers involved in the accident as to the ties, without consideration and on other able to NASA and to the county. In ad- roles of— terms and conditions mutually acceptable to dition, it should be noted that the con- ‘‘(A) the organization designated for an ac- NASA and Stanislaus County, California, the veyance does not relieve the Federal cident under subsection (a)(2); property described in section 2. ‘‘(B) government agencies; and (d) RELINQUISHMENT OF LEGISLATIVE JURIS- Government of any responsibility for any environmental remediation. ‘‘(C) the rail passenger carrier involved, DICTION.—NASA shall relinquish, to the with respect to the accident and the post-ac- State of California, legislative jurisdiction This is a straightforward piece of leg- cident activities. over the property conveyed pursuant to sec- islation. I urge my colleagues to sus- ‘‘(c) RESPONSIBILITIES OF DESIGNATED OR- tion 1— pend the rules and pass the bill. GANIZATION.—The organization designated (1) by filing a notice of relinquishment Mr. Speaker, I have no further re- for an accident under subsection (a)(2) shall with the Governor of California, which shall quests for time, and I yield back the have the following responsibilities with re- take effect upon acceptance thereof; or spect to the families of passengers involved (2) in any other manner prescribed by the balance of my time. Mr. SENSENBRENNER. Mr. Speak- in the accident: laws of California. ‘‘(1) To provide mental health and coun- (e) ADDITIONAL TERMS.—The Administrator er, I yield back the balance of my time. seling services, in coordination with the dis- of NASA may negotiate additional terms to The SPEAKER pro tempore. The aster response team of the rail passenger protect the interests of the United States. question is on the motion offered by carrier involved. The SPEAKER pro tempore. Pursu- the gentleman from Wisconsin (Mr. ‘‘(2) To take such actions as may be nec- ant to the rule, the gentleman from SENSENBRENNER) that the House sus- essary to provide an environment in which Wisconsin (Mr. SENSENBRENNER) and pend the rules and pass the bill, H.R. the families may grieve in private. the gentleman from Texas (Mr. 356, as amended. ‘‘(3) To meet with the families who have traveled to the location of the accident, to LAMPSON) each will control 20 minutes. The question was taken; and (two- The Chair recognizes the gentleman thirds having voted in favor thereof) contact the families unable to travel to such location, and to contact all affected families from Wisconsin (Mr. SENSENBRENNER). the rules were suspended and the bill, periodically thereafter until such time as GENERAL LEAVE as amended, was passed. the organization, in consultation with the Mr. SENSENBRENNER. Mr. Speak- A motion to reconsider was laid on director of family support services des- er, I ask unanimous consent that all the table. ignated for the accident under subsection H9250 CONGRESSIONAL RECORD — HOUSE October 4, 1999 (a)(1), determines that further assistance is on the date of the accident. The director of ‘‘(1) A plan for publicizing a reliable, toll- no longer needed. family support services designated for the free telephone number, and for providing ‘‘(4) To arrange a suitable memorial serv- accident under subsection (a)(1) may extend staff, to handle calls from the families of the ice, in consultation with the families. such period for not to exceed an additional 30 passengers. ‘‘(d) PASSENGER LISTS.— days if the director determines that the ex- ‘‘(2) A process for notifying the families of ‘‘(1) REQUESTS FOR PASSENGER LISTS.— tension is necessary to meet the needs of the the passengers, before providing any public ‘‘(A) REQUESTS BY DIRECTOR OF FAMILY SUP- families and if State and local authorities notice of the names of the passengers, either PORT SERVICES.—It shall be the responsibility are notified of the determination. by utilizing the services of the organization of the director of family support services ‘‘(h) DEFINITIONS.—In this section, the fol- designated for the accident under section designated for an accident under subsection lowing definitions apply: 1137(a)(2) of this title or the services of other (a)(1) to request, as soon as practicable, from ‘‘(1) RAIL PASSENGER ACCIDENT.—The term suitably trained individuals. the rail passenger carrier involved in the ac- ‘rail passenger accident’ means any rail pas- ‘‘(3) An assurance that the notice described cident a list, which is based on the best senger disaster occurring in the provision in paragraph (2) will be provided to the fam- available information at the time of the re- of— ily of a passenger as soon as the rail pas- quest, of the names of the passengers that ‘‘(A) interstate intercity rail passenger senger carrier has verified that the passenger were aboard the rail passenger carrier’s train transportation (as such term is defined in was aboard the train (whether or not the involved in the accident. A rail passenger section 24102); or names of all of the passengers have been carrier shall use reasonable efforts, with re- ‘‘(B) interstate or intrastate high-speed verified) and, to the extent practicable, in spect to its unreserved trains, and pas- rail (as such term is defined in section 26105) person. sengers not holding reservations on its other transportation, ‘‘(4) An assurance that the rail passenger trains, to ascertain the names of passengers regardless of its cause or suspected cause. carrier will provide to the director of family aboard a train involved in an accident. ‘‘(2) RAIL PASSENGER CARRIER.—The term support services designated for the accident ‘‘(B) REQUESTS BY DESIGNATED ORGANIZA- ‘rail passenger carrier’ means a rail carrier under section 1137(a)(1) of this title, and to TION.—The organization designated for an ac- providing— the organization designated for the accident cident under subsection (a)(2) may request ‘‘(A) interstate intercity rail passenger under section 1137(a)(2) of this title, imme- from the rail passenger carrier involved in transportation (as such term is defined in diately upon request, a list (which is based the accident a list described in subparagraph section 24102); or on the best available information at the time (A). ‘‘(B) interstate or intrastate high-speed of the request) of the names of the pas- ‘‘(2) USE OF INFORMATION.—The director of rail (as such term is defined in section 26105) sengers aboard the train (whether or not family support services and the organization transportation, such names have been verified), and will pe- may not release to any person information except that such term shall not include a riodically update the list. The plan shall in- on a list obtained under paragraph (1) but tourist, historic, scenic, or excursion rail clude a procedure, with respect to unreserved may provide information on the list about a carrier. trains and passengers not holding reserva- passenger to the family of the passenger to ‘‘(3) PASSENGER.—The term ‘passenger’ tions on other trains, for the rail passenger the extent that the director of family sup- includes— carrier to use reasonable efforts to ascertain port services or the organization considers ‘‘(A) an employee of a rail passenger car- the names of passengers aboard a train in- appropriate. rier aboard a train; volved in an accident. ‘‘(e) CONTINUING RESPONSIBILITIES OF THE ‘‘(B) any other person aboard the train ‘‘(5) An assurance that the family of each BOARD.—In the course of its investigation of without regard to whether the person paid passenger will be consulted about the dis- an accident described in subsection (a), the for the transportation, occupied a seat, or position of all remains and personal effects Board shall, to the maximum extent prac- held a reservation for the rail transpor- of the passenger within the control of the ticable, ensure that the families of pas- tation; and rail passenger carrier. sengers involved in the accident— ‘‘(C) any other person injured or killed in ‘‘(6) An assurance that if requested by the ‘‘(1) are briefed, prior to any public brief- the accident. family of a passenger, any possession of the ing, about the accident and any other find- ‘‘(i) LIMITATION ON STATUTORY CONSTRUC- passenger within the control of the rail pas- ings from the investigation; and TION.—Nothing in this section may be con- senger carrier (regardless of its condition) ‘‘(2) are individually informed of and al- strued as limiting the actions that a rail pas- will be returned to the family unless the pos- lowed to attend any public hearings and senger carrier may take, or the obligations session is needed for the accident investiga- meetings of the Board about the accident. that a rail passenger carrier may have, in tion or any criminal investigation. ‘‘(f) USE OF RAIL PASSENGER CARRIER RE- providing assistance to the families of pas- ‘‘(7) An assurance that any unclaimed pos- SOURCES.—To the extent practicable, the or- sengers involved in a rail passenger acci- session of a passenger within the control of ganization designated for an accident under dent.’’. the rail passenger carrier will be retained by subsection (a)(2) shall coordinate its activi- (b) CONFORMING AMENDMENT.—The table of the rail passenger carrier for at least 18 ties with the rail passenger carrier involved sections for such chapter is amended by in- months. in the accident to facilitate the reasonable serting after the item relating to section 1136 ‘‘(8) An assurance that the family of each use of the resources of the carrier. the following: passenger or other person killed in the acci- ‘‘(g) PROHIBITED ACTIONS.— ‘‘1137. Assistance to families of passengers dent will be consulted about construction by ‘‘(1) ACTIONS TO IMPEDE THE BOARD.—No involved in rail passenger acci- the rail passenger carrier of any monument person (including a State or political sub- dents.’’. to the passengers, including any inscription division) may impede the ability of the SEC. 3. RAIL PASSENGER CARRIER PLANS TO AD- on the monument. Board (including the director of family sup- DRESS NEEDS OF FAMILIES OF PAS- ‘‘(9) An assurance that the treatment of port services designated for an accident SENGERS INVOLVED IN RAIL PAS- the families of nonrevenue passengers will be under subsection (a)(1)), or an organization SENGER ACCIDENTS. the same as the treatment of the families of designated for an accident under subsection (a) IN GENERAL.—Part C of subtitle V of revenue passengers. (a)(2), to carry out its responsibilities under title 49, United States Code, is amended by ‘‘(10) An assurance that the rail passenger this section or the ability of the families of adding at the end the following new chapter: carrier will work with any organization des- passengers involved in the accident to have ‘‘CHAPTER 251—FAMILY ASSISTANCE ignated under section 1137(a)(2) of this title contact with one another. ‘‘Sec. on an ongoing basis to ensure that families ‘‘(2) UNSOLICITED COMMUNICATIONS.—No un- ‘‘25101. Plans to address needs of families of of passengers receive an appropriate level of solicited communication concerning a poten- passengers involved in rail pas- services and assistance following each acci- tial action for personal injury or wrongful senger accidents. dent. death may be made by an attorney (includ- ‘‘§ 25101. Plans to address needs of families ‘‘(11) An assurance that the rail passenger ing any associate, agent, employee, or other of passengers involved in rail passenger ac- carrier will provide reasonable compensation representative of an attorney) or any poten- cidents to any organization designated under section tial party to the litigation to an individual 1137(a)(2) of this title for services provided by ‘‘(a) SUBMISSION OF PLANS.—Not later than (other than an employee of the rail pas- 6 months after the date of the enactment of the organization. senger carrier) injured in the accident, or to this section, each rail passenger carrier shall ‘‘(12) An assurance that the rail passenger a relative of an individual involved in the ac- submit to the Secretary of Transportation carrier will assist the family of a passenger cident, before the 45th day following the date and the Chairman of the National Transpor- in traveling to the location of the accident of the accident. tation Safety Board a plan for addressing the and provide for the physical care of the fam- ‘‘(3) PROHIBITION ON ACTIONS TO PREVENT needs of the families of passengers involved ily while the family is staying at such loca- MENTAL HEALTH AND COUNSELING SERVICES.— in any rail passenger accident involving a tion. No State or political subdivision may pre- train of the rail passenger carrier and result- ‘‘(13) An assurance that the rail passenger vent the employees, agents, or volunteers of ing in a major loss of life. carrier will commit sufficient resources to an organization designated for an accident ‘‘(b) CONTENTS OF PLANS.—A plan to be carry out the plan. under subsection (a)(2) from providing men- submitted by a rail passenger carrier under ‘‘(14) An assurance that the rail passenger tal health and counseling services under sub- subsection (a) shall include, at a minimum, carrier will provide adequate training to the section (c)(1) in the 30-day period beginning the following: employees and agents of the carrier to meet October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9251 the needs of survivors and family members b 1430 The SPEAKER pro tempore. Is there following an accident. objection to the request of the gen- ‘‘(15) An assurance that, upon request of Legislation is not based on any par- ticular deficiencies in Amtrak’s deal- tleman from Wisconsin? the family of a passenger, the rail passenger There was no objection. carrier will inform the family of whether the ing with accident victims. In fact, Am- passenger’s name appeared on any prelimi- trak already has begun to adopt many f nary passenger manifest for the train in- of the procedures contained in this bill. CONGRATULATING THE AMERICAN volved in the accident. Rather, we want to have in place a set PUBLIC TRANSIT ASSOCIATION ‘‘(c) LIMITATION ON LIABILITY.—A rail pas- of proven procedures for any and all fu- senger carrier shall not be liable for damages FOR 25 YEARS OF COMMEND- ture providers of interstate intercity ABLE SERVICE TO THE TRANSIT in any action brought in a Federal or State rail services and of high-speed rail court arising out of the performance of the INDUSTRY AND THE NATION rail passenger carrier in preparing or pro- service. The 1997 Amtrak Reform and Ac- Mr. PETRI. Mr. Speaker, I move to viding a passenger list, or in providing infor- suspend the rules and agree to the con- mation concerning a train reservation, pur- countability Act ended Amtrak’s suant to a plan submitted by the rail pas- former statutory monopoly of intercity current resolution (H. Con. Res. 171) senger carrier under subsection (b), unless rail passenger service, and allowed the congratulating the American Public such liability was caused by conduct of the States to choose alternative operators. Transit Association for 25 years of rail passenger carrier which was grossly neg- Since that law was enacted, a num- commendable service to the transit in- ligent or which constituted intentional mis- ber of States have begun efforts to dustry and the Nation. conduct. launch new conventional or high-speed The Clerk read as follows: ‘‘(d) DEFINITIONS.—In this section— H. CON. RES. 171 ‘‘(1) the terms ‘rail passenger accident’ and rail passenger service. Therefore, we ‘rail passenger carrier’ have the meanings need to be prepared for a future of mul- Whereas public transportation is a funda- such terms have in section 1137 of this title; tiple rail passenger service providers. mental public service and an integral compo- and This is highly effective and cost-con- nent of the Nation’s surface transportation ‘‘(2) the term ‘passenger’ means a person scious legislation. It builds on proven infrastructure; Whereas public transportation service re- aboard a rail passenger carrier’s train that is experience under the counterpart avia- involved in a rail passenger accident. sults in productive jobs for the Nation’s tion law, and like that law, relies heav- workers and provides broad support for busi- ‘‘(e) LIMITATION ON STATUTORY CONSTRUC- ily on private, nonprofit organizations ness and economic growth; TION.—Nothing in this section may be con- strued as limiting the actions that a rail pas- with a minimum of costs to our gov- Whereas public transportation provides senger carrier may take, or the obligations ernment. safe and efficient mobility for millions of that a rail passenger carrier may have, in The NTSB, for example, already has people in the United States each day; providing assistance to the families of pas- staff in place who deal with accident Whereas the American Public Transit As- sengers involved in a rail passenger acci- situations and relations with victims sociation was established in 1974 to promote dent.’’. and advance knowledge in all matters relat- and with their families. ing to public transportation; and (b) CONFORMING AMENDMENT.—The table of Mr. Speaker, I urge that this legisla- Whereas, during a period of remarkable re- chapters for subtitle V of title 49, United tion be approved, and I reserve the bal- surgence in public transportation, the Amer- States Code, is amended by adding after the ance of my time. ican Public Transit Association has provided item relating to chapter 249 the following a quarter of a century of service to the Na- new item: The SPEAKER pro tempore (Mr. MIL- LER of Florida). The gentleman from tion as the professional association rep- ‘‘251. FAMILY ASSISTANCE ...... 25101’’. West Virginia (Mr. RAHALL) is recog- resenting the transit industry: Now, there- The SPEAKER pro tempore. Pursu- nized to control the 20 minutes of time fore, be it ant to the rule, the gentleman from Resolved by the House of Representatives (the for the minority party. Senate concurring), That Congress congratu- Wisconsin (Mr. PETRI) and the gen- Mr. RAHALL. Mr. Speaker, I yield lates the American Public Transit Associa- tleman from Texas (Mr. LAMPSON) each myself such time as I may consume. tion for 25 years of commendable service to will control 20 minutes. Mr. Speaker, the gentleman from the transit industry and the Nation. The Chair recognizes the gentleman Wisconsin (Mr. PETRI) has explained The SPEAKER pro tempore. Pursu- from Wisconsin (Mr. PETRI). the nature of the pending measure. I ant to the rule, the gentleman from Mr. PETRI. Mr. Speaker, I yield my- would simply note that it is an impor- Wisconsin (Mr. PETRI) and the gen- self such time as I may consume. tant one because it recognizes the tleman from West Virginia (Mr. RA- Mr. Speaker, I rise in support of the human pain and suffering associated HALL) each will control 20 minutes. bill before us, H.R. 2681, the Rail Pas- with severe injury and loss of life that The Chair recognizes the gentleman senger Disaster Family Assistance Act. unfortunately does occur at times in from Wisconsin (Mr. PETRI). This is a bipartisan measure, and it is passenger rail service, so I urge the Mr. PETRI. Mr. Speaker, I yield my- the product of diligent efforts by our adoption of the pending measure. self such time as I may consume. committee chairman, the gentleman Mr. Speaker, I yield back the balance Mr. Speaker, I am pleased to have from Pennsylvania (Mr. SHUSTER) the of my time. this opportunity today to bring this committee’s ranking member, the gen- Mr. PETRI. Mr. Speaker, I have no concurrent resolution to the floor of tleman from Minnesota (Mr. OBER- further requests for time, and I yield our House. House Concurrent Resolu- STAR), and the Subcommittee on back the balance of my time. tion 171 congratulates the American Ground Transportation’s ranking mem- The SPEAKER pro tempore. The Public Transit Association on its up- ber, the gentleman from West Virginia question is on the motion offered by coming 25th anniversary. (Mr. RAHALL). I commend all of these the gentleman from Wisconsin (Mr. APTA was formed on October 17, 1974, gentleman. PETRI) that the House suspend the when the American Transit Associa- Mr. Speaker, this bipartisan bill is rules and pass the bill, H.R. 2681. tion and the Institute for Rapid Tran- closely patterned on similar aviation The question was taken; and (two- sit were merged. Today APTA has over legislation which the Congress enacted thirds having voted in favor thereof), 1,200 members, including bus, rapid after the TWA 800 crash in 1996. This the rules were suspended and the bill transit, and commuter rail systems, as bill sets up a basic procedural frame- was passed. well as transit suppliers, government work for giving timely information to A motion to reconsider was laid on agencies, State Departments of Trans- rail accident victims and their families the table. portation, academic institutions, and and for dealing sensitively with the f trade publications. families. In 1997, there were 8.6 billion transit The bill puts the National Transpor- GENERAL LEAVE trips in the United States. Ninety per- tation Safety Board in the role of the Mr. PETRI. Mr. Speaker, I ask unani- cent of these trips occurred on transit central coordinator, but relies heavily mous consent that all Members may systems that are APTA members. on private nonprofit organizations to have 5 legislative days within which to APTA has been a strong advocate for handle much of the direct dealings revise and extend their remarks on transit issues in our Nation’s capital, with victims and with their families. H.R. 2681, the bill just passed. as well as a resource for information H9252 CONGRESSIONAL RECORD — HOUSE October 4, 1999 and education for its member organiza- ginning to be called at that time, and D.C., moves three or four times as tions. this small step forward was seen as an many people on a daily basis. I am pleased to have this opportunity important landmark for urban Amer- We can do better, and in TEA–21 our to recognize APTA’s efforts today. ica. committee, with the support of the Mr. Speaker, I urge my colleagues to Not that transit had just been discov- gentleman from Pennsylvania (Mr. support House Concurrent Resolution ered by the Federal Government in SHUSTER), made the investments nec- 171, and I reserve the balance of my 1964. In fact, the first transit system essary to carry America into the 21st time. was actually a ferry, the Boston ferry, century, to balance transportation. Mr. RAHALL. Mr. Speaker, I yield in the 1600s. I think the exact time was There is an 80–20 split. Eighty percent myself such time as I may consume. 1630 when it began its operations. The of the bill goes to highways, 20 percent Mr. Speaker, as we congratulate longest continually operating transit to transit, and we continue the growth APTA on its 25 years of service, I system in America is the St. Charles of investment in transit systems as would note that while the large transit Line in New Orleans. well as in commuter rail, in light rail systems such as Washington Metro and In fact, the St. Charles Line began in systems. BART often attract the most atten- 1835, and runs in front of my wife’s In celebrating the 25th anniversary of tion, the backbone of public transpor- family home in New Orleans, which is the American Public Transit Associa- tation in this country is still the pro- also the site of the annual Mardi Gras tion, we are also celebrating the viders in small communities and rural festival. The St. Charles Line con- progress that we have made in improv- areas. tinues to operate today with upgrades ing transit systems, making them On a daily basis in small commu- and with improvements and with each more affordable, making them higher nities across our country, many Ameri- of the cars filled with travelers, with- quality, making them available to cans rely on their local bus systems, out which people would not be able to more people, and in the welfare-to- such as what we have in Huntington, get to work, people would not be able work provisions of TEA–21, we passed West Virginia, for their transportation to hold jobs, people would not be able another historic milestone. needs. Indeed, the Tri-State Transit to have affordable transportation in It is not enough to say we have ended Authority is a shining example of what this city that is so clogged with traffic welfare. It is more important to say we makes transit so important in this because of the nature of the city have also provided access to jobs for country, and is one of the reasons why streets and the nature of the layout of people. My daughter, Annie, works at we are commending APTA today. the community. Jubilee Jobs in the Adams Morgan area I would also be remiss if I did not Over the years our committee, then of Washington, where she places people note that another reason why we the Committee on Public Works and who have fallen through the welfare should be honoring public transpor- Transportation, now the Committee on net, who are living in homeless shel- tation today is the strong presence of Transportation and Infrastructure, has ters, who come into Jubilee Jobs in the Amalgamated Transit Union. This continued to support and widen the their location in Adams Morgan need- organization represents the vast major- role and widen the public support for ing work. The biggest problem is not ity of transit workers who daily oper- transit. finding the job, but marrying the per- ate the trains and buses which get peo- Last year Americans made 8.7 billion son and the job with a means to get to ple to and from work in a safe manner trips on transit. About a fourth of work. The job is meaningless if you do and their leisure pursuits, as well, and those took place in New York City. The not have money in your pocket, if you their contribution to public transpor- New York City transit system carries do not have a way to get to work. We tation is also being commended today. 2.2 billion passengers a year. Without provided that linkage in the welfare- I urge the adoption of the pending transit in New York and Northern New to-work provisions of TEA–21. We have made a great start on the resolution, Mr. Speaker. Jersey, the area would need 10,400 21st century. APTA has helped us get Mr. Speaker, I yield such time as he miles of four-lane highway, which of there. This legislation, TEA–21, has may consume to the gentleman from course is impossible in New York City, moved us forward, and with this resolu- Minnesota (Mr. OBERSTAR), the ranking it could not be done. And even then, if tion today we recognize not only the member of the Committee on Trans- we could build all that highway, we 25th anniversary of APTA, but we rec- portation and Infrastructure. would still be able to carry only one- ognize the enormous contributions Mr. OBERSTAR. Mr. Speaker, I third of the passengers that are carried that public transit is making in the thank the gentleman for yielding time by transit in New York City. quality of life of all Americans, par- to me. So let us recognize here not just the ticularly those neediest among us who I want to congratulate the sub- 25th anniversary of APTA, formed 10 have to rely on public transportation committee on moving this legislation, years after President Johnson signed systems to get to their work. and express my appreciation to the UMTA, the Urban Mass Transportation Mr. RAHALL. Mr. Speaker, I yield gentleman from Pennsylvania (Mr. Act, into law, but let us recognize in so back the balance of my time. SHUSTER), for moving the bill, the gen- doing the extraordinarily critical role Mr. PETRI. Mr. Speaker, I yield back tleman from Wisconsin (Chairman that urban transit systems play in the the balance of my time. PETRI), and the ranking member, the lifeblood of America’s great metropoli- The SPEAKER pro tempore. The gentleman from West Virginia (Mr. RA- tan areas: affordable, high-quality al- question is on the motion offered by HALL), for their support in recognizing ternative transportation choices for the gentleman from Wisconsin (Mr. the American Public Transit Associa- commuters, for people visiting cities, PETRI) that the House suspend the tion on its silver anniversary year. reducing congestion and improving rules and agree to the concurrent reso- Mr. Speaker, it may seem unusual to travel time for motorists, reducing air lution, House Concurrent Resolution be recognizing an organization of this pollution, enhancing the quality of life 171. nature on the House floor. Yet, there is in neighborhoods. The question was taken; and (two- nothing more important for the Here in our Nation’s Capitol, the thirds having voted in favor thereof) growth, strength, and quality of life in Metro system has meant vast improve- the rules were suspended and the con- urban America than public transit. ment in air quality and in access for current resolution was agreed to. I can remember very vividly as a jun- welfare-to-work, for people who live in A motion to reconsider was laid on ior staff member at the time in July, poor neighborhoods to get to the jobs the table. 1964, when President Johnson, on July that are necessary for their livelihood. f 9, to be exact, signed into law the We could do better. We could do as Urban Mass Transportation Act of that the metro system does in Paris, which GENERAL LEAVE year. It was seen as an historic piece of moves far greater numbers of people, Mr. PETRI. Mr. Speaker, I ask unani- legislation. It was the first time that and of course, that is a 9 million popu- mous consent that all Members may the Federal Government had actually lation metropolitan area. But the Paris have 5 legislative days within which to recognized the role of public transpor- metro system, for less than half the revise and extend their remarks on tation, transit, as it was called, or be- cost of monthly transit in Washington, House Concurrent Resolution 171. October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9253 The SPEAKER pro tempore. Is there House to seek an extension of these the rules were suspended and the Sen- objection to the request of the gen- benefits. ate bill was passed. tleman from Wisconsin? Now, we are in a position where the A motion to reconsider was laid on There was no objection. Senate acted in a little different way the table. f from the way we had on the number of f b months of extension. The current form, 1445 the one that is before us now, the Sen- U.S. HOLOCAUST ASSETS COMMIS- EXTENDING CHAPTER 12 OF THE ate version extends that period from SION EXTENSION ACT OF 1999 BANKRUPTCY CODE FOR 9 October 1 for 9 months. That is why we Mr. LAZIO. Mr. Speaker, I move to MONTHS are here. suspend the rules and pass the bill (H. Mr. GEKAS. Mr. Speaker, I move to The bill that we passed was less than R. 2401) to amend the U.S. Holocaust suspend the rules and pass the Senate 9 months. The Senate made it 9 Assets Commission Act of 1998 to ex- bill (S. 1606) to extend for 9 additional months. We will concur in the Senate tend the period by which the final re- months the period for which chapter 2 amendment and, thus, ask for passage port is due and to authorize additional of title 11, United States Code, is reen- of this legislation. funding. acted. Mr. Speaker, I reserve the balance of The Clerk read as follows: The Clerk read as follows: my time. H.R. 2401 Ms. BALDWIN. Mr. Speaker, I yield S. 1606 Be it enacted by the Senate and House of myself such time as I may consume. Representatives of the United States of America Be it enacted by the Senate and House of Mr. Speaker, it feels like deja vu all Representatives of the United States of America in Congress assembled, in Congress assembled, over again. Just 1 week ago, I was on SECTION 1. SHORT TITLE. the floor reluctantly supporting a 3- SECTION 1. AMENDMENTS. This Act may be cited as the ‘‘U.S. Holo- Section 149 of title I of division C of Public month extension of the Chapter 12 caust Assets Commission Extension Act of Law 105–277, as amended by Public Law 106– bankruptcy title for family farmers. I 1999’’. 5, is amended— did not particularly like last week’s SEC. 2. AMENDMENTS TO THE U.S. HOLOCAUST (1) by striking ‘‘October 1, 1999’’ each place bill because it would have allowed ASSETS COMMISSION ACT OF 1998. it appears and inserting ‘‘July 1, 2000’’; and Chapter 12 to expire so soon, on Janu- (a) EXTENSION OF TIME FOR FINAL RE- (2) in subsection (a)— ary 1, the year 2000. PORT.—Section 3(d)(1) of the U.S. Holocaust (A) by striking ‘‘March 31, 1999’’ and insert- I knew that Congress would have to Assets Commission Act of 1998 (22 U.S.C. 1621 ing ‘‘September 30, 1999’’; and come back again this session before we nt.) is amended by striking ‘‘December 31, 1999’’ and inserting ‘‘December 31, 2000’’. (B) by striking ‘‘April 1, 1999’’ and insert- adjourned for the year to ensure that ing ‘‘October 1, 1999’’. (b) REAUTHORIZATION OF APPROPRIATIONS.— the bankruptcy protection in the form SEC. 2. EFFECTIVE DATE. Section 9 of the U.S. Holocaust Assets Com- of Chapter 12 was continued. But I sup- The amendments made by section 1 shall mission Act of 1998 (22 U.S.C. 1621 nt.) is take effect on October 1, 1999. ported it because, otherwise, Chapter amended— 12 would have expired on October 1, (1) by striking ‘‘$3,500,000’’ and inserting The SPEAKER pro tempore (Mr. MIL- last Friday. ‘‘$6,000,000’’; and LER of Florida). Pursuant to the rule, Well, guess what? Chapter 12 did ex- (2) by striking ‘‘1999, and 2000,’’ and insert- the gentleman from Pennsylvania (Mr. pire last Friday. That means that, if a ing ‘‘1999, 2000, and 2001,’’. GEKAS) and the gentlewoman from Wis- family farmer in my State of Wis- The SPEAKER pro tempore. Pursu- consin (Ms. BALDWIN) each will control consin or, for that matter, anywhere in ant to the rule, the gentleman from 20 minutes. the United States needs the protection New York (Mr. LAZIO) and the gen- The Chair recognizes the gentleman of Chapter 12 today, they do not have tleman from New York (Mr. LAFALCE) from Pennsylvania (Mr. GEKAS). it. The law has expired. each will control 20 minutes. GENERAL LEAVE The other body realized that a 3- The Chair recognizes the gentleman Mr. GEKAS. Mr. Speaker, I ask unan- month extension that this House ap- from New York (Mr. LAZIO). imous consent that all Members may proved was not prudent and passed a 9- Mr. LAZIO. Mr. Speaker, I yield my- have 5 legislative days within which to month extension that we have before self such time as I may consume. revise and extend their remarks and in- us today. Mr. Speaker, I rise today to offer the clude extraneous material on the Sen- So once again, I come to the floor U.S. Holocaust Assets Commission Ex- ate bill, S. 1606. wishing we were doing a little more to tension Act of 1999. This bill amends The SPEAKER pro tempore. Is there provide a safety net for our family the U.S. Holocaust Assets Commission objection to the request of the gen- farmers. While this bill provides a 9- Act of 1998 to extend the life of the tleman from Pennsylvania? month extension of Chapter 12 bank- commission for 1 year and authorize it There was no objection. ruptcy protection for family farmers, it to receive additional funding. As a Mr. GEKAS. Mr. Speaker, I yield my- still does not give our family farmers a member of the commission, I can say self such time as I may consume. permanent law on which they can rely with confidence that this is a bill that Mr. Speaker, the record is complete to protect their farm in the most dire ought to be passed unanimously. on the necessity for the passage of this economic circumstances. Mr. Speaker, the horrors of the Holo- bill because only last week we gave the I ask the Republican leadership to caust are well known, 6 million Jews rationale for the need for quick action stop holding family farmers hostage to murdered, along with millions of oth- on this piece of legislation. negotiations with the other body on ers deemed undesirable by Adolph Hit- On October 1, the authority for fam- other matters. The family farmers I ler and his followers. What many do ily farmers to file for bankruptcy represent need the help of this Con- not now, however, is that the Holo- under Chapter 12, a separate and gress more than the bankers and the caust was also the single largest orga- unique set of provisions to accommo- credit card corporations on whose be- nized theft in history. The Nazis stole, date the special and unique needs of half we delay making Chapter 12 a per- plundered, and looted billions of dol- farmers in distress, ran out of author- manent part of our Federal code. lars of assets. A half century later, we ity. Ms. BALDWIN. Mr. Speaker, I yield are still looking for full accounting. It had been extended over a period of back the balance of my time. Though we can never right all the time in temporary chunks of time be- Mr. GEKAS. Mr. Speaker, I yield monstrous wrongs that took place dur- cause, in reality, the bankruptcy re- back the balance of my time. ing the Holocaust, we have an obliga- form movement has encompassed The SPEAKER pro tempore. The tion to find out what happened. We Chapter 12, the special provisions, and question is on the motion offered by have an obligation to do what we can included in them a comprehensive the gentleman from Pennsylvania (Mr. to bring a measure of justice to the vic- bankruptcy reform in which this spe- GEKAS) that the House suspend the tims of the Holocaust and their fami- cial set of provisions, as I have stated, rules and pass the Senate bill, S. 1606. lies. will become permanent. We would not The question was taken; and (two- In some cases, justice can, indeed, be have to ever return to the well of the thirds having voted in favor thereof) done. This past summer, for example, H9254 CONGRESSIONAL RECORD — HOUSE October 4, 1999

‘‘The Seamstress,’’ a painting by Less- self and my colleagues on the Commis- Iowa (Mr. LEACH), for conducting hear- er Ury, was turned over to Michael sion, including the gentleman from ings and his tenacity in seeking jus- Loewenthal, whose grandparents were New York (Mr. GILMAN); the gentleman tice. murdered during the Holocaust. from Connecticut (Mr. MALONEY); and Mr. Speaker, I reserve the balance of It turns out that a friend of Mr. the gentleman from California (Mr. my time. Loewenthal’s spotted the painting SHERMAN) introduced the Holocaust As- Mr. LAFALCE. I yield myself such hanging in a museum in Linz, Austria, sets Commission Extension Act along time as I may consume. and realized it had once been part of with the gentleman from Iowa (Mr. (Mr. LAFALCE asked and was given the Loewenthal family collection. LEACH), the chairman of the Com- permission to revise and extend his re- When Mr. Loewenthal learned of the mittee on Banking and Financial Serv- marks.) painting’s location, he contacted the ices and a man who has led the way on Mr. LAFALCE. Mr. Speaker, I rise New York State Holocaust Claims Res- this issue; and as well, my friend, the today in support of H.R. 2401, a bill titution Office in New York City, gentleman from New York (Mr. LA- that would extend the life of a commis- which initiated negotiations on behalf FALCE), the ranking member on the sion charged with the important re- of the Loewenthal family. Eventually full panel. This measure simply ex- sponsibility of recommending to the the Linz City Council voted unani- tends the sunset date of the Commis- President the appropriate course of ac- mously to return the painting. sion to December 2000 and authorizes it tion on the recovery of Holocaust-era When he received the painting in to receive additional funding. assets to their rightful heirs. July, Mr. Loewenthal was overjoyed. The effort to create the Holocaust We have had a number of committee He called the returned painting ‘‘abso- Assets Commission last year was a bi- hearings and have learned from those lutely fantastic, the only link that I partisan one, and the effort to extend hearings that the more we exhume the have to my grandparents.’’ its life is as well. There are no partisan horrors of the Holocaust, the more we But for every story like this one, Mr. differences when it comes to honoring learn about the need to do more to re- Speaker, there are hundreds of thou- the memories of victims of the Holo- dress the wrongs of the past. The hard- sands of stories without happy endings. caust and pursuing justice in their er we work to provide restitution to In recognition of this sad fact, 17 na- names. It is in that spirit that I urge aggrieved victims of that period, the tions have established Holocaust his- every Member of this House to vote for more legitimacy we add to victims’ torical commissions to investigate the this bill and, thereby, help the Holo- claims and the further along we move extent to which its property was han- caust Assets Commission complete its in the path toward preventing these dled, or mishandled, by their countries. important work. horrible events from ever occurring I am proud to say that the United Mr. Speaker, Holocaust survivors are again. States has been one of the leaders of aging and dying, and if we are ever to The bill we take up today extends the this movement. As part of this effort, do justice to them and the memory of life of the United States Holocaust As- Congress created the Presidential Advi- the millions who perished at the hands sets Commission and authorizes addi- sory Commission on Holocaust Assets of the Nazis, we must act quickly. In tional needed resources to complete in the United States, a commission on this case, justice delayed is, in fact, the daunting tasks the Commission is which I serve. justice denied. And with the end of the currently undertaking. As we have This commission was given two Cold War, as we have the opportunity learned from our committee hearings, tasks: one, to find out what happened to look at the immediate post-World the challenges of achieving just com- to the assets of Holocaust victims that War II period with fresh perspective, pensation for Holocaust victims are came into the possession of our Gov- we know that additional work needs to significant. ernment; and, two, to issue a report to be done quickly. For one thing, no amount of money the President recommending action We know that in Europe banks sat on can undo the injustices and horrors necessary to do justice. dormant accounts for five decades. We suffered by Holocaust victims. But in While this mission might sound sim- know that insurance companies failed the ongoing effort to achieve justice ple, it is anything but. The commission to honor policies held by Holocaust vic- and to render accountable those who has found more than 75 separate United tims. We know that unscrupulous art committed crimes against humanity, States Government agencies through dealers sold paintings that were ex- we have become aware of very difficult which assets of Holocaust victims may torted from Jews who feared for their legal and logistical challenges in bring- have passed, many more entities than lives. We know that gold from Holo- ing about a meaningful process to com- was generally thought. The records of caust victims was resmelted, often be- pensate those victims. For example, each of these offices must first be lo- coming the basis for financial dealings existing documentation is often cated and then scoured page by page at between large corporate entities. And sketchy, misleading, incomplete, or an- the National Archives and other record now each one of these contemptible ecdotal, which makes it difficult to ar- centers across the United States. practices demands a full investigation, rive at a full and complete historical Additionally, the Federal Govern- daunting as the task may be. record. But, Mr. Speaker, the need to ment is in the process of declassifying The noted poet and philosopher reach meaningful conclusions as to millions of pages of World War II era George Santayana observed that, how best to compensate Holocaust vic- information that may shine additional ‘‘Those who cannot remember the past tims fully justifies the extension of the light on policies and procedures at that are condemned to repeat it.’’ But the Commission’s life and the authoriza- time. In total, the Commission will truth must be established before it can tion for additional funds. need to examine more than 45 million be remembered. That is why we created Let me also point out that under the pages of documents if it is to carry out the United States Holocaust Assets very able leadership of Deputy Treas- its mandate. Commission, and that is why the life of ury Secretary Stuart Eizenstat world- the Commission must be extended. wide Jewish organizations, the German b 1500 Given the necessary time and funds, I government, and a group of German Members of the Holocaust Assets am confident that the United States companies will meet this week in Commission were named only last No- Holocaust Assets Commission will es- Washington in an effort to agree on a vember, and the Commission began its tablish that America is doing all it can just level of compensation for victims work just 10 months ago. Given the to return all manner of assets to their of forced labor during the Holocaust. enormous volume of material that rightful owners. In so doing, we will The chairman of the Committee on needs to be examined, and the tremen- confirm our leadership in the inter- Banking and Financial Services, the dous importance of being thorough, the national effort to obtain justice for the gentleman from Iowa (Mr. LEACH), and Commission needs another year to ac- victims of the Holocaust and their fam- I recently wrote German Chancellor’s complish its tasks. And I think by cit- ilies. special representative on these matters ing the sheer volume, Mr. Speaker, of Finally, once again, Mr. Speaker, I to urge just compensation and utmost materials that have to be evaluated, we want to applaud the efforts of the full generosity and expeditiousness, par- can understand why. This is why my- panel chairman, the gentleman from ticularly given the advanced age of so October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9255 many victims of forced labor. We are Commission Act of 1998 extending the period may help to clear up one area of concern. In united in full support of Mr. Eizenstat by which the final report is due and to author- my district, there are many Holocaust victims on this process, and we want everyone ize additional funding. I have strongly sup- and their families who would benefit from who will be coming to the table this ported efforts to compensate Holocaust sur- these recovered assets and who are seeking Wednesday to know and understand vivors since Edgar Bronfman and Israel Singer redress for past actions. that. And I hope it will yield the best of the World Jewish Restitution Organization Just recently, the House Banking Committee results for victims. first informed me of the issue of unclaimed held another hearing on Holocaust issues. At Mr. Speaker, the difficulties faced in communal property in Eastern Europe in 1995. this hearing, the U.S. Department of Treasury the process of compensating victims of Since then, our State Department and orga- Deputy Secretary Stuart Eizenstat, a member forced labor only exemplifies the im- nizations such as the World Jewish Restitution of this Commission, testified about the portance of our full support for organi- Organization, an umbrella group for a number progress being made in securing information zations such as the U.S. Holocaust As- of major Jewish organizations both here in the from government agencies. Treasury Deputy sets Commission. I therefore urge each U.S. and abroad, have worked to further that Secretary Elizenstat stated that the Commis- and every one of my colleagues to sup- goal. Under their leadership, progress has sion recently released a map of the 75 total port H.R. 2401. been made; however that progress has been federal agencies which had some knowledge Mr. Speaker, I yield such time as he slow due to the complexity of the issues of Holocaust assets. This map shows how may consume to the gentleman from among many different governments, compa- much information will have to be reviewed be- Minnesota (Mr. VENTO). nies, banks, and individuals. fore a report to Congress can be completed Mr. VENTO. Mr. Speaker, I rise in I was a cosponsor of the U.S. Holocaust As- and I believe that this legislation will help pro- support of this 1-year extension of the sets Commission Act of 1998, which was a vide the necessary time and resources to Holocaust Assets Commission and the landmark in efforts to make progress in the meet this challenge. Deputy Secretary important work that it is engaged in. area of compensation for Holocaust victims. Eizenstat also strongly expressed the Clinton I think of the events that have oc- It is unfortunate that, though the legislation Administration's view that we should approve curred in this century, and certainly which created the U.S. Holocaust Assets this legislation in a timely manner to ensure the Holocaust stands out as one of the Commission was signed into law by President that the Commission's work continues without most shameful in human history and Clinton back in July of 1998, the first meeting delay. certainly in this century. As the phi- of this Commission did not take place until I urge my colleagues to support H.R. 2401, losopher said, it demonstrates man’s March of 1999, nine months later. At that first legislation to ensure that the Holocaust Assets inhumanity to man. meeting I expressed my belief that the De- Commission completes its valuable investiga- And clearly, with the Commission’s cember 31st reporting deadline provided insuf- tion. work and the cooperation that has ficient time to tackle the various issues re- Mr. LANTOS. Mr. Speaker, I rise in strong been achieved on a global basis, I think quired by the legislation, and that extending support of H.R. 2401, legislation to extend the that the attempt here to try and re- the life of the Commission was an absolute life of the U.S. Holocaust Assets Commission store the property, the gold, the finan- necessity. and to authorize additional funds necessary cial assets and arts and cultural prop- We in the Congress must recognize the for the Commission. I want to commend our erty, and, of course, the new issue that grave responsibility which our nation has to colleague from New York, Mr. LAZIO, the au- has arisen, the whole issue of slave the Holocaust survivors and their families, thor of this legislation, as well as Chairman of labor by these individuals that were many of whom are American citizens, and the Banking Committee, Congressman JIM subjected to such horrific treatment treat the issue of Holocaust era assets as a LEACH of Iowa, who introduced the original during that era in our history is being high priority, encouraging other governments legislation establishing the U.S. Holocaust As- addressed. to do the same. In order to do this, it is nec- sets Commission, which this body adopted in I think these are very complex issues essary to allow additional time for the Com- April of 1998. and clearly the responsibility lies with mission to conduct essential research on the Mr. Speaker, this legislation is important and that face of industry as well as with collection and disposition of these Holocaust- necessary. Because of delays that are normal the countries that are involved, but it era assets. in starting any new organization as well as the obviously has roots that move well be- Accordingly, I urge my colleagues to support enormous amount of information that the yond Germany and into other countries this legislation. Commission must review, the Commission re- where financial arrangements and in- Mr. BENTSEN. Mr. Speaker, I rise today in quires another year to complete its tasks. This difference, to some extent, permitted strong support of H.R. 2401, legislation that legislation provides an extension of time and this to work in all of its horror. would extend the authorization for the Presi- authorizes the additional funding necessary for So I think that the additional year dential Advisory Commission on Holocaust As- the Commission to complete its work. that is provided here will help us. It sets through December 21, 2000. As a co- Mr. Speaker, my colleagues know well the has been said before, but it can be said sponsor of this bill, I am pleased that Con- horrors of the HolocaustÐsix million news bru- again, that we cannot put this behind gress will be acting in time to ensure that this tally and systematically murdered, hundreds of us until it is all in front of us. And important Commission has both the resources thousands of others slaughtered because they clearly those that have the most expe- and additional time it needs to complete its in- were deemed ``inferior'' by the Nazis. What is rience and who experienced these trag- vestigation and present a report to Congress. less well known is that the Nazis, as part of ic circumstances, we are losing them. Under current law, the authorization for this this horrendous effort, also stole and looted But the living history that they have Commission would expire on December 31, billions of dollars of assets from many of these provided and the insights, I think, are 1999. Imposition of this deadline would mean same victims. Over half a century after these very much honored by the effort of this that the Commission has sufficient time to atrocities were brought to an end, we still do Commission and the global effort to comply with all of its archival information and not have a full accounting of these plundered try to rectify in some small way the prepare a report to Congress on the disposi- assets. trespasses that occurred in this cen- tion of Holocaust assets that came into the Under the outstanding leadership of Deputy tury of human history. possession of the U.S. government. This bill Secretary of Treasury, Stuart Eizenstat, the Mr. LAFALCE. Mr. Speaker, I have would provide $2.5 million in additional federal United States has been the leading nation in no further requests for time, and I funding to ensure that this investigative work establishing which Holocaust-era assets may yield back the balance of my time. continues. have been plundered and in establishing poli- Mr. LAZIO. Mr. Speaker, I yield my- The House Banking Committee created this cies for dealing with such assets. I want to self such time as I may consume. Commission as part of our ongoing effort to pay tribute to Ambassador Eizenstat for his Once again I would ask, based on the help Holocaust victims and their families to re- careful and thoughtful attention to these bipartisan support that we have for cover their assets which were lost during the issues. 2401, and in the interest of justice, that Holocaust. I believe we must ensure that the Mr. Speaker, resolving the issue of Holo- we move this ahead with the approval U.S. government has properly reimbursed caust-era assets is a moral issue. This is a on the part of the House. these victims and their families for any assets final opportunity to bring a small measure of Mr. GILMAN. Mr. Speaker, I rise in strong which they may have received. For many of justice to Holocaust survivors, who lost fami- support to suspend the rules and pass H.R. these victims, the search for truth has already lies and their way of life over half a century 2401, amending the U.S. Holocaust Assets taken too long and this report to Congress ago. These victims are getting older, and their H9256 CONGRESSIONAL RECORD — HOUSE October 4, 1999 numbers are constantly diminishing. This is by one year (from December 31, 1999 to De- (1) Good health is a basic right for every our last brief opportunity to help them. cember 31, 2000) the deadline for the Com- citizen of the world and access to the highest I urge my colleagues to join in supporting mission to issue its final report to the Presi- standards of health information and services this important legislation. is necessary to help guarantee this right. dent. The bill also authorizes the Commission (2) Direct and unobstructed participation Ms. SCHAKOWSKY. Mr. Speaker, I rise to receive an additional $2.5 million to cover in international health cooperation forums today in strong support of H.R. 2401, The U.S. expenses for the additional year. and programs is therefore crucial, especially Holocaust Assets Commission Extension Act Congress established the Holocaust Assets with today’s greater potential for the cross- of which I am a proud cosponsor. Last year Commission (P.L. 105±186) last year to (1) border spread of various infectious diseases Congress passed legislation creating the Pres- study and develop a historical record of the such as AIDS. idential Advisory Commission on Holocaust collection and disposition of specified assets (3) The World Health Organization (WHO) Assets in the United States. The creation of of Holocaust victims if they came into the pos- set forth in the first chapter of its charter the Commission made clear the Congress' be- session or control of the federal government, the objective of attaining the highest pos- sible level of health for all people. lief that knowledge of the whereabouts of Hol- including the Board of Governors of the Fed- (4) In 1977, the World Health Organization ocaust assets in the possession of the U.S. eral Reserve System or any Federal Reserve established ‘‘Health For All By The Year Government should be documented and those bank, at any time after January 30, 1933; (2) 2000’’ as its overriding priority and re- assets should be dealt with in a just and coordinate its activities with those of private affirmed that central vision with the initi- prompt manner. and governmental entities; (3) review research ation of its ‘‘Health For All’’ renewal process At a time when Holocaust survivors are conducted by other entities regarding such as- in 1995. aging and the U.S. Government is engaged in sets in the U.S.; and (4) report its rec- (5) Taiwan’s population of 21,000,000 people reparations negotiations on several fronts, we ommendations to the President. is larger than that of 3/4 of the member should certainly remain committed to a timely states already in the World Health Organiza- Members of the Holocaust Assets Commis- tion. and thorough resolution of Holocaust assets sion were named only last November, and the (6) Taiwan’s achievements in the field of issues in which the U.S. Government may be Commission began its work just ten months health are substantial, including one of the involved. H.R. 2401 will ensure that the Presi- ago. The Commission requested an additional highest life expectancy levels in Asia, mater- dent's Advisory Commission on Holocaust As- year to complete its work due to the unex- nal and infant mortality rates comparable to sets in the United States is given the time and pected volume and complexity of the material those of western countries, the eradication resources necessary to complete its work. it needs to examine. of such infectious diseases as cholera, small- While a timely resolution is indeed of the ut- The effort to create the Holocaust Assets pox, and the plague, and the first to be rid of most importance, it is reasonable to grant a Commission last year was a bipartisan one, polio and provide children with free hepatitis B vaccinations. year-long extension of the Commission. This and the effort to extend its life has been as (7) The World Health Organization was un- one-year extension will facilitate a thorough well. Accordingly, I urge my colleagues to sup- able to assist Taiwan with an outbreak of and fair assessment of the United States' ef- port this measure. enterovirus 71 which killed 70 Taiwanese forts to return Holocaust era assets of which Mr. LAZIO. Mr. Speaker, I have no children and infected more than 1,100 Tai- our government is in possession. further requests for time, and I yield wanese children in 1998. While we are actively pursuing reparations back the balance of my time. (8) In recent years Taiwan has expressed a internationally on behalf of Holocaust victims The SPEAKER pro tempore (Mr. MIL- willingness to assist financially or tech- and survivors, we also need to look carefully LER of Florida). The question is on the nically in WHO-supported international aid motion offered by the gentleman from and health activities, but has ultimately at the role of the United States. The United been unable to render such assistance. States has been a strong leader on Holocaust New York (Mr. LAZIO) that the House (9) The World Health Organization allows claims issues. We should also set an example suspend the rules and pass the bill, observers to participate in the activities of of what it means to conduct transparent self- H.R. 2401. the organization. evaluation. The question was taken; and (two- (10) The United States, in the 1994 Taiwan Passage of H.R. 2401, and the subsequent thirds having voted in favor thereof) Policy Review, declared its intention to sup- extensions of the President's Advisory Com- the rules were suspended and the bill port Taiwan’s participation in appropriate mission on Holocaust Assets in the United was passed. international organizations. States, will allow the U.S. to continue to play A motion to reconsider was laid on (11) In light of all of the benefits that Tai- the table. wan’s participation in the World Health Or- a leadership role. Hopefully, in the year to ganization could bring to the state of health come we will witness some measure of justice f not only in Taiwan, but also regionally and for Holocaust survivors and family members of GENERAL LEAVE globally, Taiwan and its 21,000,000 people Holocaust victims. should have appropriate and meaningful par- I commend the work the Commission has Mr. LAZIO. Mr. Speaker, I ask unani- ticipation in the World Health Organization. done to date as well as the sponsors of this mous consent that all Members may (b) REPORT.—Not later than January 1, legislation. I urge all members to vote in sup- have 5 legislative days within which to 2000, the Secretary of State shall submit a revise and extend their remarks on report to the Congress on the efforts of the port of H.R. 2401. Secretary to fulfill the commitment made in Ms. JACKSON-LEE of Texas. Mr. Speaker, H.R. 2401, the bill just passed. The SPEAKER pro tempore. Is there the 1994 Taiwan Policy Review to more ac- today I rise in support of the U.S. Holocaust tively support Taiwan’s participation in Assets Commission Extension Act of 1999, objection to the request of the gen- international organizations, in particular which amends the U.S. Holocaust Assets tleman from New York? the World Health Organization (WHO). Commission Act of 1998 to extend the life of There was no objection. The SPEAKER pro tempore. Pursu- the Commission for one year and authorize it f ant to the rule, the gentleman from to receive $2.5 million in additional funding. CONCERNING PARTICIPATION OF Nebraska (Mr. BEREUTER) and the gen- I applaud Representatives RICK LAZIO, BEN- TAIWAN IN WORLD HEALTH OR- tleman from Ohio (Mr. BROWN) each JAMIN GILMAN, JIM MALONEY and BRAD SHER- GANIZATION (WHO) will control 20 minutes. MAN for their leadership on this issue. These The Chair recognizes the gentleman Mr. BEREUTER. Mr. Speaker, I move four gentlemen are members of the Holocaust from Nebraska (Mr. BEREUTER). Assets Commission and original cosponsors of to suspend the rules and pass the bill Mr. BEREUTER. Mr. Speaker, I yield this important bill. In addition, Banking Com- (H.R. 1794) concerning the participation myself such time as I may consume. mittee Chairman JIM LEACH and Banking Com- of Taiwan in the World Health Organi- Mr. Speaker, this Member rises in mittee Ranking Member JOHN LAFALCE are zation (WHO), as amended. support of H.R. 1794, a resolution call- also original cosponsors of the bill. The Clerk read as follows: ing for Taiwan’s participation in the Seventeen nations have established Holo- H.R. 1794 World Health Organization, WHO. This caust historical commissions to investigate the Be it enacted by the Senate and House of is a bipartisan resolution, Mr. Speaker, extent to which the assets of victims of the Representatives of the United States of America which was approved unanimously by Holocaust were handled, or mishandled, by in Congress assembled, the Subcommittee on Asia and the Pa- SECTION 1. CONCERNING THE PARTICIPATION cific of the Committee on Inter- their countries. As part of this effort Congress OF TAIWAN IN THE WORLD HEALTH passed legislation last year creating the Presi- ORGANIZATION (WHO). national Relations on June 23, 1999. dential Advisory Commission on Holocaust As- (a) FINDINGS.—The Congress makes the fol- This Member congratulates the distin- sets in the United States. H.R. 2401 extends lowing findings: guished gentleman from Ohio (Mr. October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9257

BROWN) for bringing this matter before empathize with the thousands of Tai- ventable diseases. Today, the WHO has this body, and I was pleased to join him wanese people who found themselves vaccinated more than 80 percent of the as a cosponsor. trapped under rubble, praying that kids in the world, saving the lives of The WHO is a nonpolitical United Na- someone would come to their rescue; three million children each year. These tions affiliated agency with 191 partici- that someone would respond to their diseases include polio, a virus unparal- pating entities. It seeks to provide the cries for help; or for us to imagine how leled in its cruelty and suffering. The highest possible level of health for all we might react if our family members WHO has eradicated it from the West- people. There is strong support for the were trapped under these buildings. ern Hemisphere. Similarly, measles, a people of Taiwan being afforded the op- Yet, in the aftermath of this disaster, killer of a quarter of a million children portunity to participate in a meaning- unlike the immediate offers of help to worldwide each year, is targeted for ful way in the WHO and take advan- the victims of the earthquakes in eradication by 2001. tage of the information and services Greece and Turkey, international relief Infectious disease and sickness are that this international organization of- efforts were actually dragged out and not limited to political borders, and fers. Given the fact that international postponed while scores of Taiwanese the results of Taiwan’s exclusion from travel makes the transmission of com- were fighting for their lives. the WHO have been tragic. Young chil- municable diseases much more preva- b 1515 dren and older citizens who are par- lent, it is illogical to deny WHO serv- ticularly vulnerable to a host of emerg- ices to Taiwan’s population of more And we know why they were forced ing infectious diseases, such as the than 20 million people. to wait for help, even though they Asian Bird Flu, are without the knowl- The threat of communicable disease themselves, the Taiwanese as a people, edge and expertise shared among the transmission has become much more have provided hundreds of millions of member nations of the WHO. apparent to Americans in the past dollars in assistance to victims of wars With increased travel and trade week with the outbreak in New York of and famines and disaster all over the among many members of our global a rare and very deadly form of African world. That is because even in Tai- village, these diseases do not stop at encephalitis. It is speculated this dis- wan’s darkest hour, the United Nations national borders. So why should we ease was brought to the United States first had to receive permission from erect boundaries to shared information in an aircraft or on a cargo vessel. This the People’s Republic of China before which would help improve the health of outbreak demonstrates just how porous they could help Taiwan. Taiwanese children? America’s borders have become. In That is the reality of the One China Mr. Speaker, denial of Taiwanese such a world of easy transit, it defies policy. No matter how dire the situa- participation in the WHO is an unjusti- logic to exclude 20 million people from tion, the human rights and the Tai- fiable violation of its people’s funda- this international disease prevention wanese people take a back seat to Cold mental human rights. Good health is a organization. War geopolitics that frankly no longer basic right for every citizen of the In addition, Mr. Speaker, there is no serve any useful purpose. Unless we world, and Taiwan’s admission to the doubt that Taiwan can offer much in start doing something about it, unless WHO would help foster that right for terms of medical and pharmaceutical we start to stick up for what is right, its people. expertise. Their longevity rate is near- unless we start helping Taiwan instead I call on all of my colleagues to sup- ly the highest in Asia. Specialists from of hindering it, then we will wind up port H.R. 1794 and Taiwan’s right to Taiwan have unique skills in a number letting China’s dictators think they participate in the World Health Organi- of areas where we in the West lack the can continue to deny their people and zation. expertise. The potential for coopera- the Taiwanese people their funda- Mr. Speaker, I reserve the balance of tion is obvious. mental human rights. my time. Mr. Speaker, H.R. 1794 speaks only of Today we are taking a step in the Mr. BEREUTER. Mr. Speaker, I yield ‘‘appropriate and meaningful participa- right direction, because regardless of 2 minutes to the distinguished gen- tion in the WHO.’’ No one, I think, can the One China policy, access to first- tleman from Ohio (Mr. CHABOT). responsibly argue with that position. rate medical care is a fundamental Mr. CHABOT. Mr. Speaker, I rise in H.R. 1794 also requires that the exec- human right. I said it before, and I will strong support of H.R. 1794. utive branch report on its effort to pro- say it again. Children cry the same Mr. Speaker, I am pleased to join my mote such participation. There is no tears whether they are in Lorain, Ohio, friend from Ohio (Mr. BROWN) in spon- desire in this body to force the execu- or Taipei, Taiwan. Denying them ac- soring this legislation, and I am hope- tive branch to telegraph its best strate- cess to the latest medical innovations ful that we will garner the over- gies to those who seek to deny Tai- that can ease those tears is just as whelming support of the House. wan’s appropriate treatment, and re- criminal as violating their other basic As my colleague has stated, H.R. 1724 porting requirement need not make rights. requires the Secretary of State to re- such revelation. However, given the H.R. 1794 is a step in the right direc- port to Congress on the efforts of the strong views held by many in this tion and recognizes that human suf- State Department to fulfill the com- body, it is entirely appropriate to ask fering obviously transcends politics. mitments made in the 1994 Taiwan Pol- that the administration report to the For the first time ever, Congress is re- icy Review to more actively support Congress on its activities. quiring the State Department to find a Taiwan’s participation in international Mr. Speaker, this Member urges role for Taiwan in the most beneficial organizations, in particular the World adoption of H.R. 1794. of all international institutions, the Health Organization. Mr. Speaker, I reserve the balance of World Health Organization, an outfit The people of Taiwan have a great my time. that is dedicated to eradicating disease deal to offer the international commu- Mr. BROWN of Ohio. Mr. Speaker, I and improving the health of people nity. It is terribly unfortunate that yield myself such time as I may con- around the world regardless of the con- even though Taiwan’s achievements in sume. ditions imposed on them by any of the the medical field are certainly substan- Mr. Speaker, I rise in support of H.R. world’s governments. tial and it has expressed a repeated 1794. In addition, I would like to thank Its achievements in this regard are willingness to assist both financially my numerous colleagues, especially nothing short of remarkable. In this and technically in World Health Orga- the gentleman from Nebraska (Mr. BE- past century, smallpox claimed hun- nization activities, it has not been al- REUTER), who have given their support dreds of millions of lives, killing more lowed to do so. Passage of H.R. 1794 to this bill, also including the gen- people than every war and epidemic will, hopefully, prompt our Govern- tleman from California (Mr. COX), the put together. Because of the tireless ef- ment to promote that effort. gentleman from Ohio (Mr. CHABOT), forts of the World Health Organization, It is simply a travesty that during and others. this scourge has been totally eradi- times of crisis, such as the 1998 Two weeks ago, Mr. Speaker, Taiwan cated. entovirus outbreak in Taiwan, the was struck by a devastating earth- In 1980, only 5 percent of the world’s World Health Organization has been quake. It is not hard for us to children were vaccinated against pre- unable to help. That virus killed 70 H9258 CONGRESSIONAL RECORD — HOUSE October 4, 1999 Taiwanese children and infected more Mr. BEREUTER. Mr. Speaker, I re- ties, is one of those important resources. But than a thousand. serve the balance of my time in order today, regrettably, Taiwan, a nation of 21 mil- Only 2 weeks ago, the tragic earth- to close. lion people, has been denied a share in that quake in Taiwan that claimed more Mr. BROWN of Ohio. Mr. Speaker, I basic human right. This is wrong and it is high than 2,000 lives occurred. Sadly, we have no further requests for time, and time we correct that wrong. learned in published reports that the I yield back the balance of my time. There are opportunities for Taiwan to pur- Communist Government of the Peo- Mr. BEREUTER. Mr. Speaker, I urge sue observer status in the WHO which would ple’s Republic of China, whose bellig- my colleagues to favorably consider allow the people of Taiwan to participate in a erent insistence that Taiwan be denied and vote for the resolution. substantive manner in the scientific and health a role in international organizations, Mr. ORTIZ. Mr. Speaker, I rise today to ask activities of this important health organization. demanded that any aid for Taiwan pro- for the support of the House in passing H.R. It is time for the Clinton administration to do vided by the United Nations and the 1749, the resolution to support Taiwan for the right thing, to take affirmative action, and Red Cross receive prior approval from membership in the World Health Organization. to seek appropriate participation for Taiwan in the dictators in Beijing. Let us begin by asserting a simple truth: dis- the WHO. Mr. Speaker, in times of national ease and disaster know no borders. This reso- Accordingly, I call upon the administration to emergency, Taiwan is deserving of as- lution will be progress made possible by a pol- pursue all initiatives in the WHO which will sistance from the international com- icy the United States adopted in 1994, which allow these 21 million people to share in the munity. The absurd policy denying or encouraged Taiwan's participation in various health benefits that the WHO can provide. delaying that assistance must be international organizations. I am proud to be a cosponsor of this bill and changed. When I was in Taiwan in August, I met and I urge my colleagues to fully support this I want to again thank and commend spoke personally with the country's surgeon measure. my colleague from Ohio (Mr. BROWN) general. We talked about the virtues of Tai- Mr. LANTOS. Mr. Speaker, I rise today in and also the gentleman from Nebraska wan's admission to the WHO, and that was strong support of H.R. 1794 concerning the (Mr. BEREUTER) for their work on this prior to the devastating earthquake which participation of Taiwan in the World Health Or- very important legislation, and I urge killed and injured so many people. The inter- ganization (WHO). I want to pay tribute to our my colleagues to support it. national response to Taiwan in this hour of distinguished colleague from Ohio, Mr. Mr. BROWN of Ohio. Mr. Speaker, I need was slowed by the fact that Taiwan was SHERROD BROWN, for introducing this impor- yield 2 minutes to my friend, the gen- not a member country of the WHO. tant bill. I also want to express my thanks for tleman from Guam (Mr. UNDERWOOD). their support of this legislation the Chairman of Mr. UNDERWOOD. Mr. Speaker, I Taiwan's progression on matters related to the Asia Subcommittee, Congressman DOUG thank the gentleman from Ohio (Mr. health care is legendary in Asia. They have the highest life expectancy levels in Asia; they BEREUTER of Nebraska, as well as the Chair- BROWN) for yielding me the time. I certainly rise in congratulations of have implemented successful vaccination pro- man of the International Relations Committee, both gentlemen from Ohio in drafting grams; and their maternal and infant mortality Congressman BENJAMIN A. GILMAN of New H.R. 1794. rates are comparable to those of Western na- York, and the Ranking Democratic Member of This measure is concerned with Tai- tions. It was also the first Asian nation to elimi- the Committee, Congressman SAM GEJDEN- wan’s participation in the World nate polio and it was the first country world- SON of Connecticut. Health Organization. Public health is a wide to innoculate its children (for free) for The time is long overdue for Taiwan to par- basic right and concern of all people no hepatitis B. ticipate in the World Health Organization, Mr. matter what their political status or Taiwan has a world class economy and Speaker. Taiwan, with its population ap- their political standing in the world. their health care system is quite advanced. proaching 22 million people, is larger than The mission of the World Health Or- Their membership in the WHO would be just three-quarters of the countries which are ganization is to promote, maintain, as beneficial (or more so) to the other member members of the World Health Organization. and advocate on public health issues nations as it would be for themselves. Taiwan has a large, highly-educated and well- globally, who includes as one of its ob- This bill requires the State Department to trained medical community. Many of these, I jectives the goal of attaining the high- find a role for Taiwan in one of the most im- should add, are individuals who have been est possible level of health for all peo- portant international organizations, the World trained in the finest medical institutions here in ple. And Taiwan in many respects has Health Organization. The WHO is dedicated to the United States. Furthermore, Taiwan is a one of the more advanced scientific and eradicating disease and improving the health country with extensive economic, social and medical establishments in Asia, as of people worldwide. cultural links with the rest of the world. It has those of us in Guam, which is 31⁄2 hours So, let me end where I began * * * infec- the resources to make an important contribu- flying time from Taiwan, know well. tious disease and disasters are not limited by tion to the activities of the World Health Orga- Yet, because Taiwan has been prohib- political borders, and Taiwan's exclusion from nization. It is unfortunate and counter- ited from full participation in inter- WHO is tragic. Taiwan's young people and the productive to continue to exclude Taiwan from national organizations associated with elderly population, who are particularly vulner- participation in the work of the World Health the U.N., many opportunities are lost able to many emerging diseases, such as the Organization. to help the people of Taiwan. And in Asian Bird Flu, simply should not be without Mr. Speaker, some five years ago, in the turn, the world may lose out from their the knowledge and expertise shared by the 1994 Taiwan Policy Review, the Department experiences and expertise. member nations of WHO. of State agreed more actively to support the Indeed, tragically because of these Please join me in passing this resolution. participation of Taiwan in international organi- political obstacles, WHO was unable to Mr. GILMAN. Mr. Speaker, I am pleased to zations, and in particular its participation in the assist the government of Taiwan dur- rise in support of H.R. 1794 concerning Tai- World Health Organization. Our legislation will ing a serious viral outbreak in 1998. wan's participation in the World Health Organi- help focus our government's efforts to encour- This is why it is altogether appropriate zation (WHO). age this laudable goal. that we support this resolution. Since I want to commend the gentleman from Mr. Speaker, I urge my colleagues to join common sense dictates that good Ohio, Mr. BROWN, for introducing, advocating me in supporting this important piece of legis- health transcends politics and history, this measure and for his perseverance on this lation. Taiwan should be permitted to partici- issue. Mr. BEREUTER. Mr. Speaker, I yield pate in a meaningful way with the I also thank the gentleman from Nebraska, back the balance of my time. WHO. This can be done without vio- Mr. BEREUTER, chairman of the Subcommittee The SPEAKER pro tempore (Mr. MIL- lating U.S. foreign policy that supports on Asia and the Pacific, for helping to bring LER of Florida). The question is on the the One China policy. Without compro- the measure before us today. motion offered by the gentleman from mising that policy, the U.S. Govern- We all agree that good health is the basic Nebraska (Mr. BEREUTER) that the ment could support Taiwan’s participa- human right of people everywhere. That right, House suspend the rules and pass the tion in the WHO in the name of saving though, can only be guaranteed if all people bill, H.R. 1794, as amended. lives and promoting universal public have unfettered access to all available re- The question was taken; and (two- health. sources regarding health care. thirds having voted in favor thereof) I urge all of my colleagues to support The World Health Organization, a United the rules were suspended and the bill, this measure. Nations body which has 191 participating enti- as amended, was passed. October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9259 A motion to reconsider was laid on deaths of these United States citizens are that the perpetrators of these heinous the table. swiftly brought to justice. crimes be brought to justice, we should f The SPEAKER pro tempore. Pursu- also take the time to understand that ant to the rule, the gentleman from the work of helping indigenous peoples GENERAL LEAVE Nebraska (Mr. BEREUTER) and the gen- throughout the world continues on and Mr. BEREUTER. Mr. Speaker, I ask tleman from Florida (Mr. DAVIS) each that we need to support their work. unanimous consent that all Members will control 20 minutes. We need to support their work not may have 5 legislative days within The Chair recognizes the gentleman only individually. And as our hearts go which to revise and extend their re- from Nebraska (Mr. BEREUTER). out to the families of these three indi- marks and to include extraneous mate- Mr. BEREUTER. Mr. Speaker, I yield viduals, we should also remind our- rial on H.R. 1794. myself such time as I may consume. selves and call upon the State Depart- The SPEAKER pro tempore. Is there GENERAL LEAVE ment to continue to support resolu- objection to the request of the gen- Mr. BEREUTER. Mr. Speaker, I ask tions and actions in support of indige- tleman from Nebraska? unanimous consent that all Members nous groups, particularly in our own There was no objection. may have 5 legislative days within State Department’s work in the United f which to revise and extend their re- Nations as declarations are pursued marks and to include extraneous mate- there and in the organization of Amer- CONDEMNING KIDNAPPING AND rial on H. Res. 181. ican States. MURDER BY THE REVOLU- The SPEAKER pro tempore. Is there TIONARY ARMED FORCES OF CO- Again, I rise in very strong support of objection to the request of the gen- this resolution. LOMBIA OF THREE UNITED tleman from Nebraska? STATES CITIZENS Mr. Speaker, I yield back the balance There was no objection. of my time. Mr. BEREUTER. Mr. Speaker, I move Mr. BEREUTER. Mr. Speaker, the Mr. BEREUTER. Mr. Speaker, it is to suspend the rules and agree to the distinguished gentleman from Wis- my pleasure to yield such time as he resolution (H. Res. 181) condemning the consin (Mr. GREEN) and a bipartisan may consume to the gentleman from kidnapping and murder by the Revolu- group of cosponsors brought this im- Wisconsin (Mr. GREEN), the author of tionary Armed Forces of Colombia portant resolution before the House. the resolution. In early March, three Americans (FARC) of 3 United States citizens, In- Mr. GREEN of Wisconsin. Mr. Speak- were in Colombia trying to help an in- grid Washinawatok, Terence Freitas, er, I thank the gentleman from Ne- and Lahe’ena’e Gay. digenous group when they were bru- braska (Mr. BEREUTER) for yielding me tally murdered by the Revolutionary The Clerk read as follows: time. I also want to extend my thanks Armed Forces of Colombia (FARC). The H. RES. 181 to the gentleman from New York FARC, designated by the State Depart- Whereas Ingrid Washinawatok, a member (Chairman GILMAN) for his work on ment as a foreign-based terrorist of the Menominee Indian Nation of Wis- this resolution. I appreciate their sup- group, killed these people in cold consin, Terence Freitas of California, and port very much. Lahe’ena’e Gay of Hawaii, were United blood. These senseless deaths have Mr. Speaker, I rise to speak in sup- States citizens involved in an effort to help brought the total of innocent American port of H. Res. 181, decrying the murder the U’wa people of northeastern Colombia; lives taken in Colombia by the FARC of these three U.S. citizens in Colom- Whereas Ms. Washinawatok, Mr. Freitas, and the National Liberation Army to and Ms. Gay were kidnapped on February 25, bia, particularly Ms. Ingrid 15. 1999 by the Revolutionary Armed Forces of Washinawatok, a member of the Me- This resolution will put the House of Colombia (FARC), a group designated a for- nominee Indian Nation in my own con- Representatives on record as con- eign-based terrorist organization by the gressional district in northeastern Wis- demning this heinous crime and calling United States Department of State; consin. Ingrid deserves our gratitude Whereas the FARC brutally murdered for those responsible to be swiftly and admiration. these 3 innocent United States civilians, brought to justice. I urge my col- whose bodies were discovered March 4, 1999; leagues to unanimously support H. Res. In these times when so many people Whereas this Congress will not tolerate 181. offer little more than words and wish- violent acts against United States citizens Mr. Speaker, I reserve the balance of es, Ingrid walked the walk. She backed abroad; up her words and beliefs with construc- Whereas the FARC has a reprehensible his- my time. Mr. DAVIS of Florida. Mr. Speaker, I tive action. Time after time, Ingrid put tory of committing atrocities against both her life on the line for what she be- Colombian and United States citizens, in- yield 2 minutes to the gentleman from cluding over 1,000 Colombians abducted each Guam (Mr. UNDERWOOD). lieved in, often operating in dangerous, year and 4 United States civilians who were Mr. UNDERWOOD. Mr. Speaker, I treacherous environments all around seized for a month in 1998; thank the gentleman for yielding me the world. She sacrificed throughout Whereas it is incumbent upon the Govern- the time. her life; and, in the end, she sacrificed ment of Colombia to quickly and effectively Mr. Speaker, I rise in strong support her life itself. investigate, arrest, and extradite to the of this resolution to condemn the slay- She was only 42 years old when she United States those responsible for the mur- ing of these three individuals, three died at the hands of terrorists in Co- ders of Ms. Washinawatok, Mr. Freitas, and lombia. At the time that she was kid- Ms. Gay; and Americans. Whereas the United States Federal Bureau We should be mindful that we should napped, she and her two companions, of Investigation (FBI) is empowered to inves- not tolerate the murder of U.S. citizens as was mentioned by my colleague tigate terrorist acts committed against anywhere in the world. But we should from Guam, were involved in an effort United States citizens abroad: Now, there- also take this opportunity to remind to better the lives of the U’wa people in fore, be it ourselves of the work of these three in- northeastern Colombia through edu- Resolved, That the House of dividuals, Ingrid Washinawatok, Ter- cation. Representatives— She had a vision, a vision of a better (1) decries the murders of Ingrid ence Freitas, and Lahe’ena’e Gay of Washinawatok, Terence Freitas, and Hawaii. world, and she devoted her life to turn- Lahe’ena’e Gay; These three individuals were involved ing that vision into reality. But her (2) strongly condemns the Revolutionary in the work of helping indigenous work in Colombia was only the latest Armed Forces of Colombia (FARC); groups in Colombia. It is entirely ap- example of her devotion to that great (3) calls on the Government of Colombia to propriate that we draw attention to vision. She traveled throughout the find, arrest, and extradite to the United the efforts on behalf of native groups globe and tried to leave, she and her States for trial those responsible for the around the world in this, the inter- companions, each place that she deaths of these United States citizens; and national decade of the world’s indige- worked just a little bit better than (4) emphasizes the importance of this in- vestigation to the United States Federal Bu- nous peoples. when she had first arrived. reau of Investigation (FBI) and urges the While we take the time and the effort She is survived by her family and FBI to use any and every available resource to call upon the Colombian Govern- friends both in Wisconsin and in New to see that those who are responsible for the ment to exert all effort to make sure York. But I think we all will miss her H9260 CONGRESSIONAL RECORD — HOUSE October 4, 1999 and mourn her, her and her compan- As we all know when we read to our Maria del Pilar Vallejo de Hoyos came to ions, because with their passing, we all horror on March 4 that the bodies of Kenosha, Wisconsin, for the first time over lose something. Ms. Gay, Ms. Washinawatok and Mr. twenty years ago as an exchange student. Mr. Speaker, H.R. 181 uses the force Freitas were found, they had been kid- She stayed in the Woods' home and has been of this Congress to decry the murders napped from Bogota and bound and like a sister to the Woods' three daughters of Ingrid and Mr. Freitas and Ms. Gay. gagged and shot to death and dumped and a general member of the family. Maria re- It was members of FARC who kid- across the border into Venezuela. We turned to Wisconsin several times over the napped these three U.S. citizens. It was have been advised that this was the ac- years and kept in touch. During Maria's last members of FARC who killed them just tion of the Revolutionary Armed trip to Kenosha, her son, Guilermo, was the 2 days later. Forces of Colombia, FARC as they are ring bearer at one of the Woods' daughter's known. b 1530 wedding. In Colombia, she had completed law It was terribly disturbing to me, es- school and had been elected at different times These actions were reprehensible and pecially not only because Ms. Gay was to the Manizales City Council and the Caldas they were intolerable. We must send a from my constituency but I had just State Assembly. message today to FARC and other returned from a trip with my sub- In Colombia, President Andres Pastrana has groups who would commit brutal committee, chaired by the gentleman tried unsuccessfully to negotiate peace be- crimes just as this that U.S. citizen- from Florida (Mr. MICA), to visit Co- tween the Marxist rebels (the Revolutionary ship means something, and that the lombia and to hear such reassuring Armed Forces of Colombia (FARC) and the U.S. will not stand for acts of aggres- words about the progress of the govern- National Liberation Army (ELN)). But the sion against its citizens anywhere in ment there regaining control of the rebels' power and influence in Colombia has the world. country and doing something about the grown substantially by collaborating with Co- This resolution also strongly con- drug trade. And then to come back and lombia's drug-traffickers and the money they demns FARC itself for its actions. learn that this terrible act had been provide. This is a symbiotic relationshipÐthe FARC is a recognized terrorist organi- done is truly a crushing defeat of the Marxist rebels supply protection for the drug zation. It has a horrifying history of progress that we had been told had lords in return for the money to arm them- atrocities, of thuggery. been achieved. selves against the Colombian government. So I am pleased that the House has Finally, this resolution calls upon Alarmingly, drug trade in Colombia amounts this time this afternoon to consider the government of Colombia and our to between 25 and 35 percent of the country's this resolution and to condemn the ac- own FBI to expedite and intensify their total exports. From this bounty, the rebel guer- tions of these terrorists in Colombia. efforts to find and arrest those respon- rillas have been able to support their war sible. We must find them, if citizenship Mr. DAVIS of Florida. Mr. Speaker, I yield myself such time as I may con- against the Pastrana government. Some esti- is going to mean anything, and they mates put the FARC and ELN control over must be extradited to the U.S. for a sume. Mr. Speaker, I would just like to Colombian territory at 50 percent with signifi- trial. cant influence over more than half of the Again, I want to thank the gen- close before the gentleman from Ne- braska does by pointing out what has country's municipalities. tleman from New York (Mr. GILMAN), already been said here today, that the I am not willing to continue the Administra- the gentleman from Nebraska (Mr. BE- murder of these three American citi- tion's policy of throwing more money at Co- REUTER) and the members of the Com- zens was senseless, brutal and really lombia if it is not utilized properly through a mittee on International Relations for unforgivable. The FARC has yet to co- well-designed anti-drug strategy. However, their support, their work, and their as- operate with Colombian authorities both the Administration and Congress have sistance on this. and U.S. officials to help resolve this been remiss in their haphazard guidelines for I urge my colleagues to support this case. If the FARC is going to persist in certification, decertification, and national inter- resolution to honor the memories of its claims to be a credible player in the est waivers in the anti-drug war. these Americans, to make sure that peace process in Colombia, they need Since 1990, Colombia has received almost justice is done, and to protect our citi- to begin by taking responsibility for $1 billion in U.S. anti-drug aid, yet cocaine zens abroad in the future. their actions, by helping those who are and heroin production has continued its steady Mr. DAVIS of Florida. Mr. Speaker, I accountable for these atrocities to be increase. In fact, a June GAO report con- yield 2 minutes to the gentlewoman brought to justice, and to help send a cluded that Colombia's future cocaine produc- from Hawaii (Mrs. MINK). message to put an end to this type of tion could jump 50 percent. On top of no relief (Mrs. MINK of Hawaii asked and was barbaric behavior in the future. We in sight from future drug production, the coun- given permission to revise and extend strongly condemn the actions of the try is suffering through its worst recession her remarks.) FARC and recommend for the sake of since the 1930s. The economy is predicted to Mrs. MINK of Hawaii. I thank the the families of those unfortunate indi- shrink further by 3.5% in 1999, and the central gentleman for yielding me this time. viduals involved as well as for the sake bank recently allowed the Colombian peso to Mr. Speaker, I rise in very strong of peace in Colombia that the perpetra- float, creating instability of the peso against support of this resolution, and I thank tors be brought to justice. I strongly the U.S. dollar. The growing strength of the the sponsors of this resolution for al- urge support of the resolution. Marxist rebels and drug trade combined with lowing the House to deliberate on its Mr. RYAN of Wisconsin. Mr. Speaker, today Colombia's faltering economy and growing in- contents. This resolution condemns the the House considered H. Res. 181, to con- come inequalities is a lethal combination. brutal, senseless killings in Colombia demn the murder of Americans by the Revolu- I would like to thank the Speaker for the of three dedicated activists, one of tionary Armed Forces of Colombia. These vic- hard work he has put in to shaping U.S. policy whom was from my district. Lahe’ena’e tims of the escalating violence in Colombia toward Colombia. Through the efforts of Gay was from the big island. We mourn were from Wisconsin, and I would like to thank Speaker HASTERT and other Members, Con- her death, her brutal, senseless murder, my colleague MARK GREEN for introducing this gress has developed direct ties with the Co- as well as that of Ingrid Washinawatok important resolution. I would also like to bring lombian government and has eclipsed the and Terence Freitas. to your attention another situation in Colombia Clinton Administration's efforts to combat the My constituent, Lahe’ena’e Gay, was that hit close to home. narco-democracy engulfing Colombia. I strong- the founder of Pacific Cultural Conser- This month, we are upon the one-year anni- ly support the efforts of Speaker HASTERT and vancy International, and she devoted versary of the alleged assassination of Colom- Government Reform Chairman DAN BURTON, her life to preserving the cultural iden- bian citizen Maria Hoyos. Maria was a close who feel passionately about the war on drugs tity and integrity of indigenous peo- friend of Dr. Frederick and Ronnie Wood and and the effect it is having on the Colombian ples. She and her two colleagues were their family that live in the district I serve. Mr. people. on a mission to northeastern Colombia Wood told me about Maria's October 28, Both Congress and the Clinton Administra- to assess whether they might be able to 1998, assassination and questioned how the tion need to look more closely at the problem assist the U’wa people in preserving United States could let Colombia, a nation in brewing in Colombia before it threatens West- their heritage in the face of outside in- our own backyard, fall through the cracks of ern Hemisphere stability. As I have found out fluences, development and exploi- our worldwide effort at helping countries grow through Dr. Fred Wood in Kenosha, the grow- tation. both economically and democratically. ing violence in Colombia has already reached October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9261 my district, and I want to ensure that other up- ence were traveling in Colombia as guests of On Feb. 25 of this year, three U.S. citi- standing Colombian citizens do not meet the U'wa, a traditional indigenous community zensÐIngrid Washinawatok, a member of the Maria Hoyos fate while trying to maintain a le- that is nonviolently fighting to protect their land Menominee Indian Nation of Wisconsin, Ter- gitimate democracy in Colombia. from United States and Colombian petroleum ence Freitas of California, and Lahe'ena'e Gay Mr. GILMAN. Mr. Speaker, Representative developers. of HawaiiÐwere kidnapped by the Revolu- MARK GREEN of Wisconsin and a bipartisan Last week, along with other members of the tionary Armed Forces of Colombia (FARC), a group of co-sponsors brought this important House International Relations Committee, I terrorist and drug trafficking group fighting the resolution before our Committee. had the opportunity to meet with Colombian government of Colombia. The three were in- In early March, three Americans were in Co- President Pastrana. We learned a great deal volved in an effort to help the U'wa people of lombia trying to help an indigenous group about his new $7.5 billion plan for ``peace'', northeastern Colombia. The FARC brutally when they were brutally murdered by the Rev- economic redevelopment, and counter-drug ef- murdered the three Americans a week later. olutionary Armed Forces of Colombia. The forts. It is my understanding that the Clinton The resolution strongly condemns the Revo- FARCÐdesignated by the State Department administration is expected to ask Congress to lutionary Armed Forces of Colombia (FARC); as a foreign-based terrorist groupÐkilled fund $1.5 billion of the plan, and that the ad- notes the FARC has a reprehensible history of these people in cold blood. These senseless ministration's proposal may call for over half of committing atrocities against both Colombian deaths have brought the toll of innocent Amer- the funds to support equipment and training and U.S. citizens; states that Congress will not ican lives taken in Colombia by the FARC and for the Colombian police and military. tolerate violent acts against U.S. citizens the National Liberation Army to 15. As of I am very concerned about this inititive. At abroad. today, 12 Americans are being held hostage more than $500 million annually, this would These American activists were involved in humanitarian efforts to assist the U'wa people by these terrorist groups. Moreover, we still do nearly double the amount that our Nation pro- of northeastern Colombia. Prior to their kid- not know the fate of the longest held captives, vided to Colombia's security forces in 1999. napping, they spend 2 weeks on the U'wa res- Mark Rich, David Mankins and Rich Tenenoff, Some of you may have seen the poignant ervation trying to assist in developing edu- kidnapped by the FARC in 1993. letter of May 22 written by the mother of Ter- cation program using traditional culture, lan- I have written to Secretary of State Mad- ence Freitas to the editor of the Washington guage, and religion. The death of Ingrid eleine Albright to ask that the perpetrators of Post. In the letter, Ms. Freitas writes that she Washinawatok marks the first time that a Na- the murder of the three innocent Americans has ``watched in disbelief that some have used the murder of her son . . . and his two com- tive North American women died while per- who are the subject of the resolution before us forming human rights work among native peo- today be included under the Department of panions to justify an increase in military aid to Colombian armed forces.'' Ms. Freitas writes ple in South America. State's Counter-terrorism Reward Program. I FARC, a terrorist organization that has com- recently sponsored legislation that increased that she is distressed that the ideals that her son ``lived and died forÐnonviolence, indige- munist ties, has a history of committing atroc- the reward under this program to $5 million. I ities against both Colombian and U.S. citizens. hope that widely publicizing this reward in Co- nous sovereignty and justice'' have been di- minished by those who support militarization in Established in 1966, it is the largest, best- lombia will speed the arrest and conviction of Colombia. trained, and best-equipped guerilla organiza- those responsible for this reprehensible crime. I am a cosponsor of this resolution because tion in Colombia. The goal of FARC is to over- Accordingly, I urge my colleagues to unani- I believe that those responsible for the mur- throw the Colombian Government and its rul- mously support H. Res. 181. ders of Terence, Lahe'ena'e, and Ingrid need ing class. Following the murders, FARC guar- Mr. BERMAN. Mr. Speaker, I rise in strong to be arrested and brought to trial. anteed that the perpetrators would be pun- support of H. Res. 181, which condemns the At the same time, as we speak out deplor- ished but refused to turn over the murderers Revolutionary Armed Forces of ColombiaÐ ing their murders today on the House floor, I to Colombian or United States officials. known as FARCÐfor the kidnapping and bru- also believe that it is crucial to address our H. Res. 181 strongly condemns the actions tal murder of three American citizens earlier Nation's future policy toward Colombia. Any of FARC and calls for the government of Co- this year. plan, with a focus on increased funding for lombia to arrest and extradite those respon- These individualsÐincluding Terence training the Colombian police and military, is sible for the deaths of the three individuals. Freitas, whose mother lives in my congres- dangerously narrow and counterproductive. Moreover, the bill urges the Federal Bureau of sional districtÐwere in Colombia only to pro- In order to truly advance the peace process Investigation to use every available resource vide assistance to the indigenous U'wa people in Colombia and create stability for all commu- to see that those individuals responsible for in the northeast part of the country. nities in the country, we must attack the root the murders are brought to justice. Although the FARC has admitted that their causes for drug trade and violence of the I urge my colleagues to support this resolu- guerillas abducted and killed the Americans, FARC. This requires a more comprehensive tion. Mr. DAVIS of Florida. Mr. Speaker, I they have refused to cooperate with Colom- policy approach to fund the elements of Presi- yield back the balance of my time. bian or United States authorities to resolve the dent Pastrana's plan that support economic Mr. BEREUTER. Mr. Speaker, I case. development, human rights and an end cor- strongly urge unanimous support for H. This important resolution condemns the ruption in the justice system in Colombia. Res. 181. senseless murders and demands that those I challenge all of us to examine the proposal Mr. Speaker, I have no further re- responsible for this heinous crime are swiftly of the Colombia Government with this per- quests for time, and I yield back the brought to justice. spective. Ms. Freitas explains that Terence balance of my time. As we condemn atrocities committed by the ``clearly understood that the U.S. military and The SPEAKER pro tempore (Mr. MIL- FARC, we must also condemn the numerous training assistance to Colombia would bring LER of Florida). The question is on the extrajudicial killings carried out by Colombian more violence from all sides. She leaves us motion offered by the gentleman from paramilitary forces. The cycle of violence that with the following message, which I would like Nebraska (Mr. BEREUTER) that the has consumed Colombia and claimed the lives to convey to all of my colleagues: House suspend the rules and agree to of these three innocent Americans will end ``If our Congressional Representatives hear the resolution, House Resolution 181. only when all sides agree to lay down their any `wake-up call' following the execution of The question was taken. arms and work together to achieve a lasting my son, I urge it to be this: Remember your Mr. BEREUTER. Mr. Speaker, on peace. high standards of justice and peace by refus- that I demand the yeas and nays. I urge my colleagues to support the resolu- ing to further U.S. military aid to Colombia. The yeas and nays were ordered. tion. Doing the hard work of peace takes a lot more The SPEAKER pro tempore. Pursu- Ms. LEE. Mr. Speaker, I rise this afternoon guts than empowering more men with guns.'' ant to clause 8 of rule XX and the to speak about the disturbing situation in Co- STATEMENT OF CONGRESSWOMAN SHEILA JACKSON- Chair’s prior announcement, further lombia and the kidnapping and murder of LEE CONDEMN COLOMBIAN KILLINGS proceedings on this motion will be three U.S. citizens, Terence Freitas, Ingrid (H. RES .181) postponed. Washinawatok and Lahe'ena'e Gay. OCTOBER 4, 1999 f As a long-standing advocate for human Ms. JACKSON-LEE of Texas. Mr. Speaker, rights and nonviolence, the conflict and vio- I rise in support of H. Res. 181. This resolu- EXPRESSING CONCERN OVER IN- lence in Colombia is incredibly alarming to me. tion expresses the sense of the House of Rep- TERFERENCE WITH POLITICAL Terence Freitas, an activist and student at the resentatives which condemns the murders of FREEDOM IN PERU University of California-Berkeley, was a con- Ingrid Washinawatok, Terence Freitas, and Mr. BEREUTER. Mr. Speaker, I move stituent of mine. Ingrid, Lahe'ena'e and Ter- Lahe'ena'e Gay. to suspend the rules and agree to the H9262 CONGRESSIONAL RECORD — HOUSE October 4, 1999 resolution (H. Res. 57) expressing con- ment of Peru to reinstate the 3 dismissed with freedom of expression in Peru. cern over interference with freedom of magistrates, enabling the Constitutional These acts of intimidation were precip- the press and the independence of judi- Tribunal to rule on constitutional issues, to itated by Channel 2’s expose´s of abuses, cial and electoral institutions in Peru, fully restore the National Council of the Ju- including alleged torture and murder, diciary’s power to nominate and dismiss as amended. judges and prosecutors, and to cease the re- by Peru’s intelligence service. The Clerk read as follows: curring practice of overruling, transferring, The Committee to Protect Journal- ists asserts that the government of H. RES. 57 or removing judges whose decisions did not Peru ‘‘has continued to hound Mr. Whereas interference with freedom of the coincide with the views of the Government of press and the independence of judicial and Peru: Now, therefore, be it Ivcher, initiating legal action against Resolved, That it is the sense of the House electoral institutions in Peru contributes to him, harassing his family, and mount- of Representatives that— an erosion of democracy and the rule of law ing an orchestrated misinformation (1) the erosion of the independence of judi- in Peru; campaign to discredit him.’’ cial and electoral branches of the Govern- Whereas freedom of the press in Peru is ment of Peru, the interference with freedom Mr. Speaker, just today, a small op- under assault, and the Department of State’s of the press, and the blatant intimidation of position newspaper, ‘‘Referendum,’’ Peru Country Report on Human Rights Prac- journalists in Peru constitute a threat to de- stopped publishing amid allegations tices for 1998, found that ‘‘[t]he Government mocracy in that country and are matters for that the government of Peru applied infringed on press freedom [. . . and] concern by the United States as a member of [j]ournalists faced increased harassment and pressure to force the newspaper out of the Inter-American community; intimidation’’; business. Several members of this Whereas the Department of State’s Peru (2) the United States Government and newspaper’s editorial board used to Country Report on Human Rights Practices other members of the Inter–American com- work for Channel 2. for 1997, found that ‘‘[i]ncidents of harass- munity should review the forthcoming re- This resolution will put the House of port of an independent investigation con- ment of media representatives increased to Representatives on record expressing such an extent as to create the perception of ducted recently by the Inter–American Com- mission on Human Rights of the Organiza- bipartisan concern over the erosion of an organized campaign of intimidation on the independence of the judicial and the part of the Government, specifically, on tion of American States on the condition of the part of the armed forces and intelligence and threats to democracy, freedom of the electoral branches of Peru’s govern- services’’; press, and judicial independence in Peru; and ment and the intimidation of journal- Whereas the Organization of American (3) representatives of the United States in ists in Peru. These concerns have also States’ Special Rapporteur on Freedom of Peru and to international organizations, in- been heightened by Peru’s effective Expression has called on the Government of cluding the Organization of American withdrawal from the Inter-American Peru to cease all official harassment of jour- States, the World Bank, the Inter–American Development Bank, and the International Court of Human Rights. nalists and to investigate and prosecute all Mr. Speaker, I urge my colleagues to abuses of freedom of speech and of the press; Monetary Fund, should make clear the con- cern of the United States concerning threats support H. Res. 57. Whereas Freedom House now classifies Mr. Speaker, I reserve the balance of Peru as the only country in the Western to democracy and violations of the rule of Hemisphere, other than Cuba, where the law in Peru. my time. press is ‘‘not free’’; The SPEAKER pro tempore. Pursu- Mr. DAVIS of Florida. Mr. Speaker, I Whereas the Department of State’s Peru ant to the rule, the gentleman from yield myself such time as I may con- Country Report on Human Rights Practices Nebraska (Mr. BEREUTER) and the gen- sume. for 1997 states that Channel 2 television sta- tleman from Florida (Mr. DAVIS) each Mr. Speaker, I join the gentleman tion reporters in Peru ‘‘revealed torture by will control 20 minutes. from Nebraska (Mr. BEREUTER) in Army Intelligence Service officers [and] the The Chair recognizes the gentleman strongly supporting this resolution. It systematic wiretapping of journalists, gov- from Nebraska (Mr. BEREUTER). basically details two matters of signifi- ernment officials, and opposition politi- cant concern as far as the history of cians’’; GENERAL LEAVE Whereas on July 13, 1997, the Government Mr. BEREUTER. Mr. Speaker, I ask democracy in Peru as well as that part of Peru revoked the Peruvian citizenship of unanimous consent that all Members of the world. the Israeli-born owner of the Channel 2 tele- may have 5 legislative days within The first, as the gentleman from Ne- vision station, Baruch Ivcher, effectively re- which to revise and extend their re- braska has alluded to, is the disregard moving him from control of Channel 2, lead- marks on this measure. by President Fujimori for the inde- ing the Department of State to conclude pendence of the judiciary and the fail- that ‘‘the Government’s action in this case The SPEAKER pro tempore. Is there objection to the request of the gen- ure to recognize some separation of was widely interpreted as an attempt to pre- powers in terms of upholding the con- vent the station from broadcasting any more tleman from Nebraska? negative stories about the regime’’; There was no objection. stitutional prohibition against three Whereas the Government of Peru has Mr. BEREUTER. Mr. Speaker, I yield terms of consecutive service by the issued an INTERPOL warrant for Baruch myself such time as I may consume. President. The second is a clear case of Ivcher’s arrest and brought criminal pro- (Mr. BEREUTER asked and was given abuse with respect to the freedom of ceedings against him, against members of his permission to revise and extend his re- the press which I agree should be seri- immediate family, and against his former as- marks.) ously investigated by outside credible sociates to secure lengthy prison sentences Mr. BEREUTER. Mr. Speaker, the authorities. These are but two exam- against them; ples of threats to democracy in a coun- Whereas the Inter–American Commission gentleman from New York (Mr. GIL- on Human Rights found human rights viola- MAN) and the gentleman from Con- try that is in a position to be a partner tions against Baruch Ivcher by the Govern- necticut (Mr. GEJDENSON) of the Com- and an agent in cooperation with the ment of Peru in this case and on March 31, mittee on International Relations United States in Latin America. But 1999, submitted the case to the Inter–Amer- joined in introducing this resolution to actions like this really threaten that ican Court of Human Rights; underscore Congress’ concern about the relationship. And so it is important Whereas persecution of journalists in Peru harassment of journalists and over that we pass this resolution to send an is so grave that several Peruvian journalists signs that the independence of Peru’s appropriate message to Peru that they have sought political asylum in the United need to reverse these actions and get States; judiciary is being substantially under- Whereas actions related to efforts to au- mined. back to a more proper course toward thorize President Alberto Fujimori to seek a The Committee to Protect Journal- democracy. third term in office have raised questions ists, CPJ, has documented ‘‘attacks Mr. GILMAN. Mr. Speaker, Representative about the independence of the National Elec- that confirm our suspicion of a coordi- Lee Hamilton and I initially introduced this res- tion Board in Peru; nated government campaign to dis- olution in the 105th Congress to express our Whereas the independence of Peru’s judici- credit and undermine the independent concern over intererence with freedom of the ary has been brought into question since the media in Peru.’’ press and the independence of judicial and dismissal of 3 Constitutional Tribunal mag- The continuing actions taken by the electoral institutions in Peru. I am pleased that istrates on May 29, 1997, and by continuing control of judicial matters by the executive government of Peru against Baruch the Ranking Minority Member of our Inter- branch; and Ivcher, the Israeli-born owner of tele- national Relations Committee, the gentleman Whereas the Inter-American Commission vision station Channel 2, have become from Connecticut, Mr. GEJDENSON joined me in on Human Rights has called on the Govern- emblematic of government interference reintroducing this resolution. October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9263 The Committee to Protect Journalists, which branches of the government of Peru, along 33 judges of the Supreme Court, have provi- has repeatedly expressed concern to the Pe- with the intimidation of journalists within the sional or temporary status only. Critics charge ruvian government for the safety of journalists country, are major concerns of the United that, since these judges lack tenure, they are covering the military and the National Intel- States. I also support the United States pursuit much more susceptible to outside pressures, ligence Service, wrote to me earlier this year of an independent investigation and report by further crippling the judicial process. to strongly urge that I reintroduce this resolu- the Inter-American Commission on Human Increased economic and social stability has tion. The Committee to protect Journalists in- Rights of the Organization of American States resulted in a substantial increase in U.S. in- formed me ``Not only have we failed to receive on threats to freedom and judicial independ- vestment and tourism in Peru in recent years. an official response to any of our protest let- ence in Peru. In 1997, approximately 140,000 U.S. citizens ters, but we continue to document attacks that The Constitution in Peru provides for free- visited Peru for business, tourism and study. confirm our suspicion of a coordinated govern- dom of speech and of the press. It provides About 10,000 Americans reside in Peru and ment campaign to discredit and undermine the for a judicial system free from the executive over 200 U.S. companies are represented in independent media in Peru.'' branch. Today, human rights reporting have the country. U.S. relations improved with Peru I have been one of Peru's strongest sup- provided an assessment of Peru that is caus- after the 1992 auto-coup when the country un- porters in Congress. There is no question that ing concern. For although, the Constitution of dertook steps to restore democratic institutions Peru has made it back from the brink of the Peru provides for these fundamental rights and to address human rights problems related abyss. Not so many years ago, Peru was a and privileges, recent actions are dem- to counter-terrorism efforts. terrorized nation. onstrating the Government of Peru is limiting I urge my colleagues to support with me this Peru has become a good partner in our war these rights. effort designed to continue U.S. promotion of against drugs. The drop of coca prices in Peru The press in Peru represents a wide spec- the strengthening of democratic institutions to historically low levels provided a real oppor- trum of opinion, ranging from left-leaning op- and human rights safeguards in Peru. tunity to help farmers grow legitimate crops. I position views to those favoring the Govern- Mr. DAVIS of Florida. Mr. Speaker, I was pleased to encourage our European allies ment. In the greater Lima area alone, there yield back the balance of my time. to join us in seizing this opportunity to promote are 16 daily newspapers, 7 television stations, Mr. BEREUTER. Mr. Speaker, I urge meaningful alternative development in Peru. 68 radio stations, and 2 commercial cable sys- strong support of H. Res. 57. Nonetheless, I continue to be alarmed with tems. The Government owns one daily news- Mr. Speaker, I have no further re- regard to the harassment of journalists and paper, one television network, and two radio quests for time, and I yield back the signs that the independence of Peru's judiciary stations, none of which is particularly influen- balance of my time. is being substantially undermined. tial. However, in order to avoid provoking gov- The SPEAKER pro tempore. The The continuing actions taken by the govern- ernment retribution, the Peruvian press prac- question is on the motion offered by ment of Peru against Baruch Ivcher, the tices a degree of self-censorship. the gentleman from Nebraska (Mr. BE- Israeli-born owner of television station Chan- Government accusations of treason against REUTER) that the House suspend the nel 2, have become emblematic of govern- investigative journalists, the ordeal of Baruch rules and agree to the resolution, ment interference with freedom of expression Ivher who lost control of his television station, House Resolution 57, as amended. in Peru. These acts of intimidation were pre- harassment of media representatives in- The question was taken; and (two- cipitated by Channel 2's exposeÂs of abusesÐ creased to such a degree that it appears to be thirds having voted in favor thereof) including alleged torture and murderÐby an organized campaign of intimidation on the the rules were suspended and the reso- Peru's intelligence service. part of the Government, are areas of concern lution, as amended, was agreed to. The Government of Peru, which revoked Mr. for democratic institutions. A full report, by an The title of the resolution was Ivcher's Peruvian citizenship, issued him a independent counsel, is justified to understand amended so as to read: ‘‘Resolution ex- new Peruvian passport. Nonetheless, the gov- the extent of the problem. pressing concern over erosion of de- ernment of Peru has continued to pursue high- The Constitution provides also for an inde- mocracy and the rule of law in Peru, ly questionable legal proceedings against Mr. pendent judiciary; however, documents allege including interference with freedom of Ivcher and his family and against former asso- in practice the judicial system is inefficient, the press and independence of judicial ciates. Recently, the former general manager often corrupt, and easily manipulated by the and electoral institutions.’’. of Channel 2, was sentenced to four years in executive branch. As a result, public con- A motion to reconsider was laid on prison. The Committee to Protect Journalists fidence in the judiciary is low. the table. There is a three-tier court structure: lower asserts that the government of Peru ``. . . has f continued to hound Mr. IvcherÐinitiating legal courts, superior courts, and the Supreme action against him, harassing his family, and Court. A Constitutional Tribunal rules on the ABRAHAM LINCOLN BICENTENNIAL mounting an orchestrated misinformation cam- constitutionality of congressional legislation COMMISSION ACT paign to discredit him.'' and government actions; a National judiciary Mrs. BIGGERT. Mr. Speaker, I move Just today, a small opposition newspaper, Council tests, nominates, confirms, evaluates, to suspend the rules and pass the bill Referendum, stopped publishing amid allega- and disciplines judges and prosecutors; and a (H.R. 1451) to establish the Abraham tions that the government of Peru applied Judicial Academy trains judges and prosecu- Lincoln Bicentennial Commission, as pressure to force the newspaper out of busi- tors. The Government moved to limit the inde- amended. ness. Several members of this newspaper's pendence of the Constitutional Tribunal almost The Clerk read as follows: editorial board used to work for Channel 2. from its inception in 1995 and continued such This resolution will put the House of Rep- efforts in subsequent years. By year's end, the H.R. 1451 resentatives on record expressing bipartisan Peruvian Congress still had not taken any Be it enacted by the Senate and House of concern over the erosion of the independence steps to replace the three judges ousted from Representatives of the United States of America in Congress assembled, of judicial and electoral branches of Peru's the Constitutional Tribunal after they voted SECTION 1. SHORT TITLE. government and the intimidation of journalists against the interpretation allowing President This Act may be cited as the ‘‘Abraham in Peru. These concerns have only been Fujimori a third term. An action that seems to Lincoln Bicentennial Commission Act’’. heightened by Peru's effective withdrawal from be punitive just due to its subject matter. This SEC. 2. FINDINGS. the Inter-American Court of Human Rights. effectively paralyzed the Court's ability to rule The Congress makes the following findings: These are matters of concern to United States on any constitutional issues for lack of a (1) Abraham Lincoln, the 16th President, and all nations of the Hemisphere. quorum. was one of the Nation’s most prominent Peru's good efforts in our shared fight The Peruvian Government cites its efforts to leaders, demonstrating true courage during against drugs deserve our recognition and revamp its judicial system. It is commendable the Civil War, one of the greatest crises in strong support. However, the United States that administrative and technical progress is the Nation’s history. should not turn a blind eye to interference with occurring in the area of caseload reduction (2) Born of humble roots in Hardin County, freedom of the press and the independence of and computerization but little has been done Kentucky, on February 12, 1809, Abraham Lincoln rose to the Presidency through a judicial and electoral institutions of Peru. to restore the judiciary's independence from legacy of honesty, integrity, intelligence, Ms. JACKSON-LEE of Texas. Mr. Speaker, the executive. Of the country's 1,531 judges, and commitment to the United States. I rise to support H. Res. 57, expressing the less than half, only 574 have permanent ap- (3) With the belief that all men were cre- sense of Congress that the erosion of the pointments, having been independently se- ated equal, Abraham Lincoln led the effort independence of the judicial and electoral lected. The remaining 957, including 19 of the to free all slaves in the United States. H9264 CONGRESSIONAL RECORD — HOUSE October 4, 1999

(4) Abraham Lincoln had a generous heart, (b) QUALIFIED CITIZEN.—A qualified citizen ment or agency shall furnish that informa- with malice toward none and with charity described in this subsection is a private cit- tion to the Commission. for all. izen of the United States with— (d) MAILS.—The Commission may use the (5) Abraham Lincoln gave the ultimate (1) a demonstrated dedication to educating United States mails in the same manner and sacrifice for the country he loved, dying others about the importance of historical under the same conditions as other depart- from an assassin’s bullet on April 15, 1865. figures and events; and ments and agencies of the United States. (6) All Americans could benefit from study- (2) substantial knowledge and appreciation (e) ADMINISTRATIVE SUPPORT SERVICES.— ing the life of Abraham Lincoln, for his life of Abraham Lincoln. Upon the request of the Commission, the Ad- is a model for accomplishing the ‘‘American (c) TIME OF APPOINTMENT.—Each initial ap- ministrator of General Services shall provide Dream’’ through honesty, integrity, loyalty, pointment of a member of the Commission to the Commission, on a reimbursable basis, and a lifetime of education. shall be made before the expiration of the the administrative support services nec- (7) The Year 2009 will be the bicentennial 120-day period beginning on the date of the essary for the Commission to carry out its anniversary of the birth of Abraham Lincoln, enactment of this Act. responsibilities under this Act. and a commission should be established to (d) CONTINUATION OF MEMBERSHIP.—If a SEC. 8. REPORTS. study and recommend to the Congress activi- member was appointed to the Commission as (a) INTERIM REPORTS.—The Commission ties that are fitting and proper to celebrate a Member of Congress and the member may submit to the Congress interim reports that anniversary in a manner that appro- ceases to be a Member of Congress, that as the Commission considers appropriate. priately honors Abraham Lincoln. member may continue as a member for not (b) FINAL REPORT.—The Commission shall SEC. 3. ESTABLISHMENT. longer than the 30-day period beginning on transmit a final report to the Congress not There is established a commission to be the date that member ceases to be a Member later than the expiration of the 4-year period known as the Abraham Lincoln Bicentennial of Congress. beginning on the date of the formation of the Commission (in this Act referred to as the (e) TERMS.—Each member shall be ap- Commission. The final report shall contain— ‘‘Commission’’). pointed for the life of the Commission. (1) a detailed statement of the findings and conclusions of the Commission; SEC. 4. DUTIES. (f) VACANCIES.—A vacancy in the Commis- The Commission shall have the following sion shall be filled in the manner in which (2) the recommendations of the Commis- duties: the original appointment was made. sion; and (1) To study activities that may be carried (g) BASIC PAY.—Members shall serve with- (3) any other information the Commission out by the Federal Government to determine out pay. considers appropriate. whether they are fitting and proper to honor (h) TRAVEL EXPENSES.—Each member shall SEC. 9. TERMINATION. Abraham Lincoln on the occasion of the bi- receive travel expenses, including per diem The Commission shall terminate 120 days centennial anniversary of his birth, in lieu of subsistence, in accordance with after submitting its final report pursuant to including— sections 5702 and 5703 of title 5, United States section 8. (A) the minting of an Abraham Lincoln bi- Code. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. centennial penny; (i) QUORUM.—5 members of the Commission There are authorized to be appropriated (B) the issuance of an Abraham Lincoln bi- shall constitute a quorum but a lesser num- such sums as may be necessary to carry out centennial postage stamp; ber may hold hearings. this Act. (C) the convening of a joint meeting or (j) CHAIRPERSON.—The Chairperson shall be SEC. 11. BUDGET ACT COMPLIANCE. joint session of the Congress for ceremonies designated by the President from among the Any spending authority (as defined in sub- and activities relating to Abraham Lincoln; members of the Commission appointed under paragraphs (A) and (C) of section 401(c)(2) of (D) a redesignation of the Lincoln Memo- section 5(a)(1). The term of office of the the Congressional Budget Act of 1974 (2 rial, or other activity with respect to the Chairperson shall be for the life of the Com- U.S.C. 651(c)(2)(A) and (C))) under this Act Memorial; and mission. shall be effective only to such extent and in (E) the acquisition and preservation of ar- (k) MEETINGS.—The Commission shall meet such amounts as are provided in appropria- tifacts associated with Abraham Lincoln. at the call of the Chairperson. Periodically, tion Acts. (2) To recommend to the Congress the ac- the Commission shall hold its meeting in The SPEAKER pro tempore. Pursu- tivities that the Commission considers most Springfield, Illinois. ant to the rule, the gentlewoman from fitting and proper to honor Abraham Lincoln SEC. 6. DIRECTOR AND STAFF. Illinois (Mrs. BIGGERT) and the gen- (a) DIRECTOR.—The Commission may ap- on such occasion, and the entity or entities tleman from Maryland (Mr. CUMMINGS) in the Federal Government that the Commis- point and fix the pay of a Director and any additional personnel as the Commission con- each will control 20 minutes. sion considers most appropriate to carry out The Chair recognizes the gentle- such activities. siders appropriate. woman from Illinois (Mrs. BIGGERT). SEC. 5. MEMBERSHIP. (b) APPLICABILITY OF CERTAIN CIVIL SERV- (a) NUMBER AND APPOINTMENT.—The Com- ICE LAWS.— GENERAL LEAVE mission shall be composed of 15 members ap- (1) DIRECTOR.—The Director of the Com- Mrs. BIGGERT. Mr. Speaker, I ask pointed as follows: mission may be appointed without regard to unanimous consent that all Members (1) 3 members, each of whom shall be a the provisions of title 5, United States Code, may have 5 legislative days within qualified citizen described in subsection (b), governing appointments in the competitive which to revise and extend their re- service, and may be paid without regard to appointed by the President. marks on the bill, H.R. 1451. (2) 2 members, each of whom shall be a the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to clas- The SPEAKER pro tempore. Is there qualified citizen described in subsection (b), objection to the request of the gentle- appointed by the President on the rec- sification and General Schedule pay rates. ommendation of the Governor of Illinois. (2) STAFF.—The staff of the Commission woman from Illinois? (3) 2 members, each of whom shall be a shall be appointed subject to the provisions There was no objection. qualified citizen described in subsection (b), of title 5, United States Code, governing ap- Mrs. BIGGERT. Mr. Speaker, I yield appointed by the President on the rec- pointments in the competitive service, and myself such time as I may consume. ommendation of the Governor of Indiana. shall be paid in accordance with the provi- Mr. Speaker, I rise in support of H.R. (4) 2 members, each of whom shall be a sions of chapter 51 and subchapter III of 1451, the Abraham Lincoln Bicenten- qualified citizen described in subsection (b), chapter 53 of that title relating to classifica- nial Commission Act, sponsored by the appointed by the President on the rec- tion and General Schedule pay rates. gentleman from Illinois (Mr. LAHOOD). ommendation of the Governor of Kentucky. SEC. 7. POWERS. H.R. 1451 authorizes a 15-member (5) 2 members, each of whom shall be Mem- (a) HEARINGS AND SESSIONS.—The Commis- commission to begin national planning bers of the House of Representatives from sion may, for the purpose of carrying out for the celebration of the 200th anni- the State of Illinois, appointed by the Speak- this Act, hold hearings, sit and act at times er of the House of Representatives. and places, take testimony, and receive evi- versary of the birth of our Nation’s (6) 1 member, who shall be a Senator from dence as the Commission considers appro- 16th President, Abraham Lincoln. This the State of Illinois, appointed by the Major- priate. commission would be authorized for 4 ity Leader of the Senate. (b) POWERS OF MEMBERS AND AGENTS.—Any years and is charged with developing (7) 1 member, who shall be a Senator, ap- member or agent of the Commission may, if and reporting to Congress rec- pointed by the Majority Leader of the Sen- authorized by the Commission, take any ac- ommendations on activities that ap- ate. tion which the Commission is authorized to propriately honor this great man and (8) 1 member, who shall be a Member of the take by this section. his accomplishments. House of Representatives, appointed by the (c) OBTAINING OFFICIAL DATA.—The Com- Let me borrow from a line from Lin- Minority Leader of the House of Representa- mission may secure directly from any de- tives. partment or agency of the United States in- coln’s Gettysburg Address and say that (9) 1 member, who shall be a Senator, ap- formation necessary to enable it to carry out it is altogether fitting and proper that pointed by the Minority Leader of the Sen- this Act. Upon request of the Chairperson of we should do this. It goes without say- ate. the Commission, the head of that depart- ing that Abraham Lincoln was one of October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9265 our greatest, if not the greatest, Presi- H.R. 1451 carries the spirit of this Lincoln was elected President in 1860 dents of the United States. Lincoln led commission. The commission called for when the United States was no longer our country through its most chal- on this bill will provide recommenda- united. Believing that cession was ille- lenging time, the Civil War. He was a tions that will help this body recognize gal, he was prepared to use force to de- man who sought to unite rather than Lincoln’s birth as well as the greatness fend the Union and did so. The Civil to divide, urging a nation battered by of the man well into the next millen- War began in 1861 and would last 4 war to ‘‘bind up its wounds.’’ Perhaps nium. years, costing the lives of over 500,000 most importantly, he was a man who Let me add that the manager’s Americans. stood on principle and believed in the amendment we are considering today On November 16, 1863, in the midst of greatness of this Nation and its people. amends the bill that was unanimously the war on a battlefield near Gettys- Abraham Lincoln’s every word and approved by the Committee on Govern- burg, Pennsylvania, President Lincoln action were based on the founding prin- ment Reform. It authorizes four addi- presented to the people his vision for ciple of our Nation, that all are created tional members of the commission, our Nation, conceived in liberty where equal, and none can be denied their adding two each from Kentucky and In- everyone is created equal. This speech natural rights by government or unjust diana. Given that Abraham Lincoln known as the Gettysburg address laws. This principle, which forms the was born in Harding County, Kentucky, shaped the destiny of the United States basis for our Declaration of Independ- on February 12, 1809, and spent forma- of America, that government of the ence and the moral foundation for our tive years in Indiana, this is an appro- people and by the people should be for Constitution, lives on today and con- priate change, and I urge its adoption. all people regardless of race, or color, tinues to serve this country well. This manager’s amendment has also Mr. Speaker, Abraham Lincoln de- or gender. For this, Mr. Speaker, Mr. been modified to address concerns Lincoln lost his life in the balcony of scribed the nobility of our experi- about the authority to accept gifts, be- mental form of government more elo- the Ford’s Theatre in 1865 right here in quests, and donations that have been Washington, D.C. quently than any other national lead- included in the bill marked up by the The bicentennial commission will er. He did so in a matter of moments Committee on Government Reform. recommend to Congress what activities on the battlefield at Gettysburg. The Committee on Ways and Means ex- and actions should be taken to cele- The Gettysburg Address was a reaf- pressed concerns about that provision, brate the life of this great man. The firmation of the principle that no per- and we have deleted such authority commission’s recommendations to this son can rightfully governor others since it is not necessary to the com- without their consent. It was also a body should reflect how a man of hum- mission’s authority to make rec- testimony to the greatness of our form ble roots rose to the Presidency of the ommendations for further action. of government and to the American I am proud to offer this legislation, United States and the diversity and people. and I am proud that the gentleman uniqueness of this great Nation. It Through his famous debates with should send a message to all of our from Illinois (Mr. LAHOOD) gave me the Stephen Douglas, Lincoln reminded the chance to manage this bill and to be a young people that they can, too, start citizens of my home State of Illinois, cosponsor of the bill, and I encourage in humble beginnings; but it will not as well as those residing in other parts the support of all Members. matter where they were born or who of the country, that there are limits to Mr. Speaker, I reserve the balance of they were born to, it is what they do any form of government, even the my time. with the life that they have been given. democratic principle of majority rule. Mr. CUMMINGS. Mr. Speaker, I yield Again, I commend the gentleman Lincoln opposed the doctrine of what myself such time as I may consume. from Illinois (Mr. LAHOOD) and the was then called ‘‘popular sovereignty.’’ I, too, want to take a moment to gentlewoman from Illinois (Mrs. In contrast to Douglas, Lincoln recog- thank the gentleman from Illinois (Mr. BIGGERT) for working with me and the nized that a too narrow interpretation LAHOOD) for sponsoring this very im- Democratic Illinois delegation to for- of the doctrine of majority rule could portant legislation. I think it is very mulate bipartisan language that would lead to the misguided conclusion if one important that we take time to recog- expand the membership of the commis- man would enslave another, no third nize those people who came upon this sion to allow the House minority lead- person should intervene. Lincoln also recognized that a house Earth, saw it, saw the problems with it er and the Senate minority leader to divided against itself cannot stand. He and tried to change it to make it bet- each appoint one Member of Congress stood tall, fighting for what provided ter; and so I thank him, and I want to to the commission. That is so impor- the American people a new birth of thank our ranking member of our com- tant because I think that is the way freedom. mittee and the gentlewoman from Illi- Lincoln would have wanted it. The Just before an assassin ended his life, nois (Mrs. BIGGERT), the entire Illinois commission’s bipartisan membership Lincoln outlined the approach to Re- delegation, and certainly the chairman will further honor the memory and construction that would proceed, of the committee and the chairman of works of Abraham Lincoln. ‘‘With malice toward none, with char- the subcommittee. Mr. Speaker, I reserve the balance of ity toward all.’’ His spirit defines the Mr. Speaker, the legislation before us my time. today establishes a bicentennial com- best of the American experiment and Mrs. BIGGERT. Mr. Speaker, I yield mission to celebrate the life and ac- appeals to the better angels of our na- 4 minutes to the gentleman from Illi- complishments of this Nation’s 16th ture. nois (Mr. LAHOOD), my friend and col- President, Abraham Lincoln. In many As we approach the new millennium, league and sponsor of this important respects Abraham Lincoln was an ordi- it is entirely fitting that Congress legislation. adopt this commission bill now. The nary man who throughout his life did many extraordinary things. Mr. LAHOOD. Mr. Speaker, I thank principles that our declaration estab- the gentlewoman from Illinois (Mrs. lished and that Lincoln led us to sus- Mr. Lincoln was poor and struggled to educate himself. He encountered nu- BIGGERT) for yielding this time to me, tain are truly timeless. Congress au- and I also thank the gentleman from thorized a similar commission nearly merous business setbacks and chal- lenges. A captain in the Black Hawk Maryland (Mr. CUMMINGS) for his re- 100 years ago. It was the recommenda- marks that he made in the committee tions of that commission that created War, Lincoln practiced law and spent 8 years in the Illinois legislature. In 1836, which were very eloquent last week the Lincoln Memorial which stands so about President Lincoln. prominently today in our Nation’s Cap- Lincoln was elected to Congress and ital. served two terms. Lincoln took 5 years Mr. Speaker, I am here today to cele- off from politics to focus on his law brate the life and legacy of President b 1545 practice. When he returned to the po- Abraham Lincoln by asking for my col- This same commission also approved litical arena in 1854, he took an un- leagues’ support for H.R. 1451, the the placing of Lincoln’s image on a popular stance. He opposed the Kansas Abraham Lincoln Bicentennial Com- stamp and made the day of Lincoln’s Nebraska Act which threatened to ex- mission Act of 1999. The bill will estab- birth a national holiday. tend slavery to other States. lish a commission, the purpose of H9266 CONGRESSIONAL RECORD — HOUSE October 4, 1999 which would be to make recommenda- Throughout the campaign, Lincoln eloquent use of the English language. tions to Congress for a national pro- stated that the U.S. could not survive He clung to the highest ethical stand- gram to honor President Abraham Lin- as half slave and half free States. In a ards throughout his political career, coln in the year 2009, the bicentennial famous campaign speech on June 17, earning the nickname Honest Abe. He celebration of his birth. For decades Lincoln declared, I quote, ‘‘a House di- was fiercely devoted to his family, and historians have acknowledged him as vided against itself cannot stand,’’ end he put the interests of his country one of our country’s greatest Presi- quote. Additionally, the famous Lin- above his own, which ultimately led to dents. As our 16th President, Lincoln coln–Douglas debates drew the atten- his assassination. He was born into ob- served the country during a most pre- tion of the entire Nation. Although scurity but earned the gratitude and carious era. While most of the country Lincoln ultimately lost that campaign, love of his countrymen. looked to divide, President Lincoln he returned only 2 years later to run Lincoln’s story is one of America, fought for unity and eventually saved for the Presidency. Lincoln was elected and it serves as an inspiration to all of the Union. the 16th President on November 6, 1860, us. It is a story all posterity needs to With the belief that all men are cre- defeating the previous Senate oppo- learn, and it is incumbent on the Fed- ated equal, President Lincoln led the nent, Stephen A. Douglas. In one of the eral Government to use all available charge to free all slaves in America. most famous acts President Lincoln resources to preserve his legacy. Without the determination and wisdom enacted, the emancipation proclama- To borrow a quote from one of his of President Lincoln, our country, as tion went into effect on January 1, most famous addresses, ‘‘It is alto- we know it, may not exist today. 1863. gether fitting and proper that we President Lincoln also serves as a na- After discussing this issue with Rep- should do this.’’ tional symbol of the American dream. resentative RON LEWIS of Kentucky, we Born of humble roots in Hardin Coun- I urge my colleagues to support the both agree that the commission should Abraham Lincoln Bicentennial Com- ty, Kentucky, on February 12, 1809, strongly consider Hodgenville, Ken- Abraham Lincoln rose to the Presi- mission Act. As Edwin Stanton said tucky, the birthplace of Abraham Lin- upon the President’s death, ‘‘Now he dency through a legacy of honesty, in- coln, as the site for its inaugural meet- tegrity, intelligence, and commitment belongs to the ages.’’ We have an op- ing. portunity today to make sure Presi- to the United States of America. In Abraham Lincoln is remembered for 1909, America celebrated the centennial dent Lincoln remains a man for the his vital role as the leader in pre- ages by passing this legislation. of President Lincoln’s birth in a man- serving the Union and beginning the ner deserving of the accomplishments. Mr. Speaker, it is my hope that this process that led to the end of slavery in commission will be able to conduct one Congress approved placing the image of the United States. He also is remem- President Lincoln on a first-class of its meetings in Hodgenville, Ken- bered for his character, his speeches, tucky, the birthplace of Abraham Lin- stamp for the first time, made Presi- his letters, and a man of humble origin dent Lincoln’s birth a national holiday, coln. whose determination and preservation and passed legislation leading to the Mr. CUMMINGS. Mr. Speaker, I yield led him to the Nation’s highest office. myself such time as I may consume. construction of the Lincoln Memorial I would like to acknowledge the as- Mr. Speaker, finally, I think that, as here in Washington, D.C. sistance of the, as I mentioned earlier, Further, President Theodore Roo- my colleagues know, when we think to the gentleman from Maryland (Mr. sevelt approved placing the image of about the life of Abraham Lincoln, his CUMMINGS), to the gentlewoman from President Lincoln on the penny. words of the Gettysburg Address were Illinois (Mrs. BIGGERT), also Chuck As in 1909, the Congress again should just so profound; and I just repeat Schierer and Peter Kovlar, who origi- honor President Lincoln in 2009 by es- them, just a part of them, at this mo- nally brought this idea of a Lincoln tablishing the Abraham Lincoln Bicen- ment, for I think they still live in our commission to me, and their research tennial Commission. Through this hearts, and he simply said, and this is was invaluable to this important commission, Congress will be able to important, he said, ‘‘It is for the living demonstrate its appreciation for Abra- project. I ask all colleagues to join me in hon- rather to be dedicated here to the un- ham Lincoln’s accomplishments and finished work which they who fought ultimate sacrifice for our country. oring the memory of President Abra- ham Lincoln by supporting the Abra- here have thus far so nobly advanced. This commission will identify and It is rather for us to be here dedicated recommend to Congress appropriate ac- ham Lincoln Bicentennial Commission Act of 1999. to the great task remaining before us, tions to carry out this mission and that from these honored dead we take through the recommendations of this Mr. CUMMINGS. Mr. Speaker, I con- tinue to reserve the balance of my increased devotion to that cause for commission and subsequent acts of which they gave the last full measure Congress, the American people will time. Mrs. BIGGERT. Mr. Speaker, I yield of devotion, that we here highly re- benefit by learning about the life of solve that these dead shall not have President Lincoln, and as an Illinoisan, 2 minutes to the gentleman from Ken- tucky (Mr. LEWIS). died in vain, that this Nation under I am proud of the fact that President God shall have a new birth of freedom, Lincoln considered Illinois his home Mr. LEWIS of Kentucky. Mr. Speak- er, I rise today to support the Abraham and that government of the people, by for virtually all of his adult life. the people, for the people shall not per- In 1837 Lincoln moved to Springfield, Lincoln Bicentennial Commission Act. ish from the Earth.’’ Illinois, which is an area that I rep- Abraham Lincoln is rightly considered resent along with the gentleman from one of America’s greatest Presidents. With that, Mr. Speaker, I urge all of our colleagues to support this legisla- Illinois (Mr. SHIMKUS) where he estab- He occupied the White House through 4 lished a law office and quickly earned a of our country’s darkest years and was tion. reputation as an outstanding trial law- faced with the prospect of uniting our Mr. Speaker, I yield back the balance yer. He served in the State legislature country torn asunder by civil war. of my time. from 1834 to 1842 and was elected to Through his leadership and persever- Mrs. BIGGERT. Mr. Speaker, I yield this House of Representatives in 1846 as ance, Mr. Speaker, our country and myself such time as I may consume. a member of the Whig party, and 9 of system of government was preserved. H.R. 1451 provides a means to begin the 14 counties that I currently rep- While it is impossible to overlook his this national period of reflection and resent were once represented by Abra- contributions to America from the recognition. I thank my colleagues for ham Lincoln. White House, there is much more to their eloquent and elegant words on be- Lincoln joined the Republican party the story of Abraham Lincoln that en- half of Abraham Lincoln. I appreciated in 1856 and ran for the U.S. Senate from dears in the hearts and minds of his working with the gentleman from Illi- Illinois against Stephen Douglas in countrymen. Lincoln was born to hum- nois (Mr. LAHOOD), with the gentleman 1858. As a candidate for that office, ble roots in Hodgenville, Kentucky, lo- from Maryland (Mr. CUMMINGS) from Lincoln rose from relative obscurity to cated within my district. He was large- the minority, and my colleagues from become a nationally known political ly self-educated, yet became one of our Kentucky and Indiana to strengthen figure. country’s greatest statesmen with his this legislation. October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9267 b 1600 tually becoming a center of the community EXPRESSING THE SENSE OF CON- I am proud to have brought this leg- due largely to Young Abe's popularity. Once GRESS REGARDING BROOKLYN islation to the floor, and I ask for the he was asked what he expected to make of MUSEUM OF ART EXHIBIT FEA- full support of all Members. himself, and replied that he would ``be Presi- TURING WORKS OF A SACRILE- Mr. SOUDER. Mr. Speaker, Abraham Lin- dent of the United States.'' GIOUS NATURE coln spent his formative years in Indiana, and Mr. Speaker, Indiana takes pride in its con- Mr. DEMINT. Mr. Speaker, I move to as a Hoosier I would like to rise in strong sup- tributions to the life of President Lincoln, and suspend the rules and agree to the con- port of this bill providing for commemoration of we greatly look forward to the work of the current resolution (H. Con. Res. 191) ex- the bicentennial of his birth. Commission in honoring him and reminding pressing the sense of Congress that the I would like to begin by thanking the bill's Americans of his legacy. I urge my colleagues Brooklyn Museum of Art should not re- sponsor, the gentleman from Illinois, Mr. to support this bill. ceive Federal funds unless it cancels LAHOOD, and the gentlelady from Illinois, Mrs. Ms. SCHAKOWSKY. Mr. Speaker, I rise its upcoming exhibit feature works of a BIGGERT for their willingness to work with me today in strong support of H.R. 1451, the sacrilegious nature, as amended. to include representation from the states of In- The Clerk read as follows: Abraham Lincoln Bicentennial Commission diana and Kentucky on the Commission to be H. CON. RES. 191 formed by this bill. Both states played signifi- Act. On behalf of my constituents in the 9th Congressional District of Illinois. I am a proud Whereas on October 2, 1999, the Brooklyn cant roles in the life and development of Abra- Museum of Art opened an exhibit entitled ham Lincoln, and I very much appreciate their cosponsor of H.R. 1451, legislation which ‘‘Sensation: Young British Artists from the recognition of this history and openness to in- seeks to further honor the life of a most honor- Saatchi Collection’’; cluding citizen members from each of these able individual, the sixteenth President of the Whereas this art exhibit features a dese- states on the Commission. United States and an American Hero, Abra- crated image of the Virgin Mary; The commission will celebrate the bicenten- ham Lincoln. Whereas the venerable John Cardinal nial of President Lincoln's birth in 1809, which H.R. 1451, would establish a commission to O’Connor considers the exhibit an attack on the Catholic faith, and is an affront to more took place in Hodgenville, Kentucky. At the study and recommend to Congress ways to than a billion Catholics worldwide; age of 7, young Abe Lincoln moved to South- celebrate the 200th anniversary of President Whereas the exhibit includes works which ern Indiana, and the family moved to Illinois in Lincoln's birth. The bicentennial of President are grotesque, immoral, and sacrilegious, 1830. As the National Park Service points out Lincoln's birth will be February 12, 2009. Al- such as one that glorifies criminal behavior at the Lincoln Boyhood National Memorial, he though 2009 is a long way off, planning a with a portrait of a convicted child murderer spent fourteen of the most formative years of celebration of the life, achievements and con- fashioned from small hand prints; his life and grew from youth to manhood in the tributions made by President Lincoln to the Whereas the Brooklyn Museum of Art’s ad- State of Indiana. His mother, Nancy Hanks United States is a task that deserves ade- vertisement acknowledges that the exhibit ‘‘may cause shock, vomiting, confusion, Lincoln, is buried at the site. And even today, quate time and resources. panic, euphoria, and anxiety’’; what is probably the largest private Lincoln The values taught by Abraham Lincoln's Whereas the Brooklyn Museum of Art re- Museum in America is in Fort Wayne, Indiana, leadership are celebrated today at the Lincoln fuses to close the exhibit, despite strong pub- in my district. Memorial in Washington, DC. Coming from the lic opposition to the show from religious Thomas Lincoln moved the family to an 80 State of Illinois, which is also known as the leaders, government officials, and the gen- eral population; acre farm in Perry County, Indiana after the ``Land of Lincoln,'' I was particularly moved crops had failed in Kentucky due to unusually Whereas the American taxpayer, through when shortly after being sworn into service in the National Endowment for the Arts and cold weather. He bought the land at what Congress, I visited the Lincoln Memorial. I even then was the bargain price of three dol- the National Endowment for the Humanities, look forward to the Memorial's rededication in provides funding to the Brooklyn Museum of lars an acre. Just days before, Indiana had 2009. Art; and become the 19th state in the union. The land Authorizing further commemorations of his Whereas the American taxpayer should not was still wild and untamed. President Lincoln be required to subsidize art that desecrates later recalled that he had ``never passed life and the issuance of a memorial stamp and religion and religious beliefs: Now, therefore, through a harder experience'' than traveling minting of a bicentennial coin, and other activi- be it through the woods and brush between the ties are appropriate ways to celebrate the life Resolved by the House of Representatives (the ferry landing on the Ohio river and his Indiana of this shining example of American value. Senate concurring), That it is the sense of Congress that the Brooklyn Museum of Art homesite. This observation speaks volumes President Lincoln lost his life at the early should not receive Federal funds unless it about the nature of the Hoosier frontier. age of 56, when he was shot and killed by an closes its exhibit featuring works of a sac- The family quickly settled into the log cabin assassin. Although President Lincoln's life was rilegious nature. with which we are all so familiar from our ear- taken at a young age, the values and lessons The SPEAKER pro tempore. Pursu- liest history lessons. Tom Lincoln worked as a he taught through his policies and his eternal ant to the rule, the gentleman from cask maker. Abe Lincoln worked hard during words of wisdom will remain with us forever. South Carolina (Mr. DEMINT) and the the days clearing the land, working with the I look forward to reviewing the rec- gentleman from Missouri (Mr. CLAY) crops, and reading over and over from his ommendations of the Abraham Lincoln Bicen- each will control 20 minutes. three books: the Bible, Dilworth's Speller, and tennial Commission and to celebrating with the The Chair recognizes the gentleman Aesop's Fables. He also wrote poems. Shortly people of Illinois and the entire nation the bi- from South Carolina (Mr. DEMINT). after the death of Nancy Hanks Lincoln, young centennial of his birth in 2009. I urge all mem- Mr. DEMINT. Mr. Speaker, I yield Abe attended a new one room schoolhouse. bers to vote in support of H.R. 1451. myself such time as I may consume. When his father remarried, his new step- Mr. Speaker, I am grateful to have Mrs. BIGGERT. Mr. Speaker, I yield mother Sally Bush Johnston brought four new this opportunity to bring House Con- back the balance of my time. books, including an elocution book. W. Fred current Resolution 191 to the floor. Conway pointed out in his book ``Young Abe The SPEAKER pro tempore (Mr. MIL- This resolution was submitted by my Lincoln: His Teenage Years in Indiana'' that LER of Florida). The question is on the distinguished colleague, the gentleman the future president after reading the book oc- motion offered by the gentlewoman from New York (Mr. SWEENEY). casionally ``would disappear into the woods, from Illinois (Mrs. BIGGERT) that the Mr. Speaker, this past weekend, the mount a stump, and practice making speeches House suspend the rules and pass the Brooklyn Museum of Art opened a con- to the other children.'' bill, H.R. 1451, as amended. troversial new art exhibit, despite Abraham Lincoln also received his first ex- The question was taken. strong objections from civic and reli- posure to politics and the issues that would gious leaders. As many know, the ex- Mr. LAHOOD. Mr. Speaker, on that I later dominate his presidency while in Indiana. demand the yeas and nays. hibit includes a desecrated portrait of One of his first jobs was at a general store the Virgin Mary, decaying animals, and meat market, which was owned by Wil- The yeas and nays were ordered. and a depiction of a child molester. liam Jones, whose father owned slaves in vio- The SPEAKER pro tempore. Pursu- These are just a few of the offensive lation of the Indiana State Constitution. This ant to clause 8 of rule XX and the items in an exhibit recognized and was Lincoln's first introduction to slavery. In Chair’s prior announcement, further celebrated for its shock value, an ‘‘over addition, he exchanged news and stories with proceedings on this motion will be the edge’’ flaunting of decay, defama- customers and passersby, with the store even- postponed. tion, and death. H9268 CONGRESSIONAL RECORD — HOUSE October 4, 1999 It is a show intended to ‘‘cause from funding the Brooklyn Museum The questions I asked in this resolu- shock, vomiting, confusion, panic, eu- showcase of a denigrating exhibit. tion are simple: Should the American phoria, and anxiety,’’ and those are the Mr. Speaker, I urge the adoption of taxpayer be required to send their words of the Brooklyn Museum. this important resolution. hard-earned tax dollars to a museum, Mr. Speaker, beauty may be in the Mr. Speaker, I reserve the balance of or other institution, that exhibits eye of the beholder, but I believe most my time. works of art, the likes of which feature American taxpayers do not have the Mr. CLAY. Mr. Speaker, I yield my- a portrait of the Virgin Mary dese- stomach to support the display of this self such time as I may consume. crated with elephant dung? Should tax- type of exhibit. No matter what we Mr. Speaker, I rise in opposition to payers’ dollars be used to glorify a con- think of this exhibit, we can all agree H. Con. Res. 191, which expresses the victed child murderer? Should Ameri- that the American taxpayers should sense of Congress that the Brooklyn cans that work 40, 50, 60 hours a week, not be forced to subsidize any exhibit Museum of Art should not receive Fed- be forced to turn over a portion of their that denigrates the beliefs and values eral funds unless it cancels its recently paychecks so that individuals can ex- opened exhibit entitled ‘‘Sensation.’’ that they hold most dear. press themselves in a manner that so First and foremost, I would like to Ten years ago, after the NEA funded offends so many? Andres Serrano’s defilement of the cru- express my utter disbelief that we are wasting valuable floor time on this res- Mr. Speaker, the resolution that I in- cifix, Congress directed the chair of the olution as the first session of the 106th troduce today answers a resounding National Endowment of the Arts to Congress draws to a close, and we have ‘‘no’’ to those questions. take into account ‘‘general standards not yet considered important issues Just this past Saturday, the Brook- of decency and respect’’ in awarding such as healthcare reform, increasing lyn Museum of Art opened that art Federal grant money to artists. Many the minimum wage, and preserving So- show featuring the aforementioned ex- artists protested that this was a viola- cial Security. hibits; and, as a result, the museum tion of free speech rights. Moreover, Mr. Speaker, we are 4 days has come under fire from many In June of 1998, however, the Su- into fiscal year 2000, with 11 of the 13 sources, many individuals, who share, preme Court upheld the constitu- annual appropriations bills still not en- as I do, the belief that this is just tionality of the decency clause. It was acted. If the Republicans cause the wrong. upheld because the court recognized Federal Government to shutdown in 2 The venerable Cardinal O’Connor of that the right of free expression does weeks, the Brooklyn Museum of Art New York City called the Exhibit ‘‘an not include the right to force others to will not get any Federal funding any- attack on religion itself, and, in a spe- pay for your expression. way. But aside from the Republican cial way, on the Catholic church.’’ Mr. Speaker, the Brooklyn Museum leadership’s complete disregard for ef- Coinciding with the exhibit’s open- is a great institution celebrating and fective time management, I am greatly ing, hundreds of people, with no other displaying great works of art for over concerned that this resolution con- vehicle to express their frustration, 176 years. It has been a gift to our chil- dones and encourages censorship and took to the steps of the museum to say dren, encouraging them to explore the sends a message that it is acceptable that public funding of such exhibits depths of their own creativity and for city officials to make funding deci- that promote hate, bigotry, and Catho- imagination. If there was ever a time sions based on their individual likes lic bashing is wrong. I wholeheartedly when we needed to encourage our chil- and dislikes. agree with them. That is why we have dren to honor beauty, it is now. If there Hitler’s dislike of avant-garde artists gone forward with this resolution. was ever a time to teach our children of his time, Picasso and Matisse, led to Since 1997, the Brooklyn Museum of about great works of art, of great the banishment of their works from painters, sculptures, and designers, it Art has received nearly $1 million Germany for 8 long years. through the National Endowment of is now. But the Brooklyn Museum’s Mr. Speaker, the Supreme Court has current exhibit is so extreme that chil- the Arts and the National/Endowment ruled on a number of occasions that for Humanities. When taxpayers decide dren are not allowed to view it unless the government cannot penalize indi- they are accompanied by a parent. to support the arts, I doubt these are vidual artists because their work is dis- the kinds of exhibits they have in It seems to me that our public art in- agreeable. We know that this resolu- stitutions should be a safe haven for mind. tion is really about the Republican Our resolution gives a voice to mil- our children, a place that honors the leadership’s continued attack on all highest standards of beauty, not the lions of Americans who are disgusted Federal funding of the arts. because they are being forced to fund lowest common denominator of human Mr. Speaker, I reserve the balance of this offensive exhibit. Furthermore, I depravity. my time. believe that most of my constituents Hard working Americans help sup- Mr. DEMINT. Mr. Speaker, I yield 5 port the Brooklyn Museum of Art minutes to the gentleman from New would join me in saying that this ex- hibit goes too far and is devoid of cul- through the National Endowment of York (Mr. SWEENEY). the Arts, the National Endowment of Mr. SWEENEY. Mr. Speaker, I thank turally redeeming value, by any stand- the Humanities, and the Institute of the gentleman for yielding me time, ard. Museum and Library Services. In the my good friend and class president. Mr. Speaker, as I said, the propo- past 3 years, taxpayers have paid over Mr. Speaker, let me start and say I sition before us is quite simple. How- $1 million to help fund the Brooklyn introduced this resolution at an impor- ever, there is a vocal minority that Museum. tant time in our Nation’s history. We wants to confuse the debate by sug- In a time when our communities are have, as we all know, violence perva- gesting our resolution is an attack on desperate for more art classes, local art sive throughout all sorts of elements in the First Amendment. museums, and children’s workshops, our society. We are in a period of great The ‘‘Sensation’’ exhibit, as it is ti- the Brooklyn Museum exhibit seems moral turmoil in many respects. tled, does not belong in a publicly sup- inconsistent with our priorities to fos- Those who argue against the propo- ported institution. That is the simple ter a greater appreciation of the arts. sition that I propose today say that premise at work here. This is not to This debate is about whether or not this is censorship, and they liken it to say it does not belong anywhere. If taxpayers should subsidize the housing what Hitler did in Nazi Germany. We there is an audience for this type of ex- and promotion of objectionable exhib- say that is nonsense. It is nonsense be- hibit, and I would suspect there is a its. American taxpayers have paid for cause we are talking about some funda- substantial audience in some quarters the brick and mortar of the Brooklyn mental questions centering around the for this, let them find a private outlet Museum, a museum that should reflect role of the Federal Government in for which to express that sense. the best of the American people. funding of works of art, or so-called While these so-called artists have a This exhibit, sponsored and hosted by works of art, that attack real core be- right to create their art and galleries the museum, clearly does not reflect liefs of the American people, many have a right to display it, the First the values we hold dear. This resolu- Americans, and beliefs that we hold Amendment does not guarantee that tion will protect American taxpayers near and dear to our hearts. the American people must subsidize it. October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9269 In the words of David A. Strauss, a spe- Now, from what I have seen on tele- Mrs. ROUKEMA. I thank my col- cialist in constitutional law at the Uni- vision, this was an abstract drawing of league for yielding time to me, Mr. versity of Chicago, ‘‘it is clear the gov- an overweight African-type cartoon Speaker. ernment is entitled to make some deci- that, with all of my catechism and I want to rise in strong support of sions on what it will fund and what it training, it never would have entered what the gentleman from South Caro- will not fund.’’ my mind that this was supposed to be lina (Mr. DEMINT) and the gentleman Not only are we entitled to do so, my the mother of our Lord and Savior, from New York (Mr. SWEENEY) are constituents demand that I do so here Jesus Christ, notwithstanding what the doing here. today. artist had put on the bottom of it. Someone mentioned their disbelief. I agree with Jonathan Yardley in to- It never seemed to me that my My disbelief is that we even have to day’s edition of the Washington Post mayor would be embracing anything come here today to state the case. I when he writes, ‘‘the museum has a like this, with or without the dung, as say that as a member of the committee right to present such works as it cares being what we think the Virgin Mary of jurisdiction who has fought long and to, but has a weighty responsibility, would look like, since basically we are hard, and my Democrat members will the handmaiden of public funding, to talking about what a European Virgin remember me as the Republican that exercise that right with sobriety and Mary would look like as opposed to worked long and hard to preserve the care. The support of taxpayers is not li- what an African Virgin Mary would Federal funding for the Humanities and cense to thumb one’s nose at tax- look like. the National Endowment for the Arts payers. The religious and moral sen- I can understand how people of dif- and Public Broadcasting System. I did sibilities of ordinary people are not ferent cultures would clash, but are we it gratefully and happily and persist- frivolous; they deserve, and should suggesting that every time there is ently. command, the respect and consider- something that we find grotesque or But this is not the first time that we ation of those who slop at the public different or odd, or something that we have had this particular discussion. I trough.’’ are ignorant about and we do not un- was also a member of the committee Mr. Speaker, we know that Congress derstand, that we come to the floor and when we had this in the 1990s, as well is not a body of art critics. However, say, cut the funding? as the Mapplethorpe and the Serrano Am I supposed to check every library ‘‘Sensation’’ is clearly an example of situation, which has already been ref- that got a Federal dollar and find some going too far. It does not take a Ph.D. erenced here, and the obscene art con- book that I do not understand, Ph.D. or in art history to know that a portrait troversy raised at that time. not, and come here and say, I am of- of the Virgin Mary being desecrated So in 1990, when we reauthorized the fended by this, and just because we do upon is offensive to Catholics. NEA to ensure, and I quote, this is the not understand it, cut it out? language of the statute, ‘‘Artistic ex- Mr. Speaker, our Federal tax dollars The city council of New York City cellence and artistic merit are the cri- should not be spent on images that glo- has someone appointed from the city of teria by which grant applications are rify sacrilegious, immoral, and crimi- New York sitting on this board. They judged, taking into consideration gen- nal behavior. They should be used to are supposed to decide what exhibits eral standards of decency and respect defend, not offend. Further, if we sub- they have and what exhibits they do for the diverse beliefs and values of the sidize the expression of art, let that ex- not have. Clearly, if the mayor wanted American public.’’ pression carry a message of education, to make the Brooklyn Museum a big That is exactly what we put in place not desecration. hit, he sure did. There were lines out in at the time, and there were cries that Last week, the Senate adopted a the street. I could not find my way to went up that, oh, no, this decency lan- similar measure overwhelmingly, and I the Brooklyn Museum of Art before the guage, the decency clause, will not be urge my colleagues in this body to fol- mayor announced what he did. low the Senate’s lead. Tell your con- So if we do not like this grotesque constitutional. As Members may re- stituents you will account for their tax thing, we ought to charge it up to member, Karen Findlay challenged and dollars. Mayor Giuliani for giving it all this brought it as a First Amendment case Mr. CLAY. Mr. Speaker, I yield 4 free publicity. There are lines wrapped before the Supreme Court. minutes to the gentleman from New around the building. They have to get But in June of 1998, the Supreme York (Mr. RANGEL). more private funds now because people Court upheld that in the Karen Findlay (Mr. RANGEL asked and was given know where it is. case, remember, she smeared chocolate permission to revise and extend his re- If the National Endowment has on herself, her naked body, but in the marks.) thought it was a pretty decent mu- Karen Findlay case, the Supreme Court Mr. RANGEL. Mr. Speaker, I hope seum, for God’s sakes, we do not want upheld the constitutionality of the de- this issue does not come down to Re- to say, because somebody may have cency clause. So I do not want to hear publicans and Democrats, even though made a mistake or someone did not un- anymore questions about whether or normally on things like that, that is derstand what they were doing, that we not it is constitutional for Congress to the way the votes go. in the Congress are so sophisticated, so make a determination under the de- I just cannot believe that people can smart, so creative, that we can say, cency clause as to whether or not this make a decision on what should be hey, do not fund it. money can be given in grants to artis- funded as art when they have never I do not think we would want to do tic entities, such as a museum. even seen what they are talking about. that, and certainly the way the polls I know what Members are going to I just do not believe, just because it look, I do not think the mayor, well, say, well, this was not a precise grant, was a foreigner that did it and thought whether he did it for political reasons et cetera. But money is fungible. Ev- he was doing something correctly, that or not is subjective, but I do not think erybody understands that money is we would be so upset that we would at- that he will be the beneficiary of doing fungible. But there is no way that we tack an entire museum, with all of its it for Catholics, because Catholics real- should be endorsing or having tax- exhibits in it, just because inadvert- ly do not believe that politicians set payers pay for something that violates ently someone was upset. the criteria about what we like and any religious beliefs or even aggran- what we do not like, certainly not from dizes pedophiles and child murderers. b 1615 the mayor’s point of view. I thank the Members for this oppor- Now, I was raised as an altar boy, and So I hope we would reconsider this tunity. The Congress must go on record I am familiar with the Blessed Trinity, and not have a party vote on it. I think in opposition to the Brooklyn Museum and the fact that Jesus was born of there are a lot of other things we do of Art, and stating that no funds Mary and Joseph. While there was the not understand that are worse than should ever be used under these cir- immaculate conception, there were this. cumstances again. still pictures of the Virgin Mary, and of Mr. DEMINT. Mr. Speaker, I yield 3 Mr. CLAY. I yield myself 30 seconds, course, Jesus, in every church and ca- minutes to the gentlewoman from New Mr. Speaker. thedral that I have had a chance to at- Jersey (Mrs. ROUKEMA), a member of Let us clear the record. First of all, tend. the committee. there are no funds from the National H9270 CONGRESSIONAL RECORD — HOUSE October 4, 1999 Endowment for the Arts that are pro- But whether he did so intentionally or an image that is sacred to a lot of vided for this exhibition. We ought to not, he has provided this exhibit with Christians across the country, that glo- stop talking about Federal funds sup- more publicity than any art exhibit rifies a child molester, that they porting this exhibition. that the Brooklyn Museum of Art has should not receive taxpayer money. It Secondly, we have people making the had in recent memory. As a result of is very simple. suggestion that this exhibition ought that, thousands of people are lined up If they want to take this exhibit and to be given someplace else other than in the streets around the Brooklyn Mu- put it somewhere else, in somebody’s in the art museum. Where should art seum wanting to see this exhibit. That house, in somebody’s apartment, or so be on display, other than in an art mu- tells me that there is a great deal of many of the other private museums seum? public interest in this exhibit, and around the country, then so be it, and Then we say this is not censorship. since there is a great deal of public in- there will not be a problem. But this Censorship to me is what we decide is terest, the public ought to determine museum receives public money from acceptable and what is not acceptable whether or not it is there for people to both the city of New York, the State of in terms of art, even with our limited, see. New York, and from the Federal Gov- and some of us with unlimited or no Let us not think that we here in the ernment. knowledge of art, deciding what it is, Congress or any mayor of any city or Do we not think there are more ap- propriate uses for taxpayer money than what is art. anybody of any common council can to desecrate religion? Is that such a Mr. Speaker, I yield 3 minutes to the determine what the public ought to see stretch, that the NEA itself imposes gentleman from New York (Mr. HIN- or ought to read or ought to believe. standards on its exhibits, but we can- CHEY). That is up to them in a democratic so- Mr. HINCHEY. Mr. Speaker, the issue not; that the average American sitting ciety, not up to the Members of this before the House today is censorship. at home who believes strongly in his House. The issue is whether or not the Mem- faith or her faith says, wait a minute, Mr. DEMINT. Mr. Speaker, I yield 31⁄2 bers of the House of Representatives or I am working every single day, and the minutes to the gentleman from New the mayor of New York City is going to government is taking a little bit of my York (Mr. FOSSELLA), a cosponsor of determine what passes for art, and money and is going to fund this, are this resolution. what people can see and cannot see in they not entitled to their opinion? Mrs. ROUKEMA. Mr. Speaker, will the art museums of the city of New For those who say, this is democracy, the gentleman yield? York or the United States of America. now, we are a Republic. Mr. FOSSELLA. I yield to the gentle- That is what it is about, clear and sim- woman from New Jersey. b 1630 ple. Mrs. ROUKEMA. I want to get back We are supposed to speak for those Those people who are proponents of to this question about whether or not folks. But we are speaking for them. censorship, they do not want anyone to we are subsidizing, Mr. Speaker, There were hundreds, if not thousands, label them as would-be censors, so they of people there on Saturday with me couch their censorship in language of whether or not we are paying for this. and so many others saying this is Federal funding or public funding or This is being misrepresented in the de- wrong. It is not a question of gray. Let taxpayers’ money, or words of that ilk. bate. us move on. Is this not over? It is They seek to hide behind that, when Money is fungible, and no, there is not a precise grant. But it is absolutely wrong. It is wrong to use taxpayer really what they are trying to do is de- money to fund this. termine what people will see and will a subsidy, a subsidy last year that was more than $160,000, much more than The Brooklyn Museum Board of Di- not see, and they want to make that rectors had every opportunity before determination in accordance with their that, to the Brooklyn Museum, and this year it is projected that it will be the exhibit opened to take some of the own taste or lack of taste, their own more offensive works out. They decided knowledge or lack of knowledge, as the well over $250,000. Do not tell me, it stretches credi- not to. Incensed and in reflection upon case may be. their arrogance, I do not believe they Yes, the Brooklyn Museum does ben- bility, to think that that money has not subsidized this particular exhibit. deserve another dime of taxpayer efit from some public funds under cer- money. They want to stick it to so tain circumstances and at certain Mr. FOSSELLA. Mr. Speaker, re- claiming my time, I thank the gen- many people across this country, so times. That is not unusual. Every art many New Yorkers, so be it. Let them museum, every proponent of the arts, tleman from South Carolina for yield- ing time to me. I also thank the gen- do it on their own dime, not ours. every culture throughout the history Mr. CLAY. Mr. Speaker, I yield my- of civilization on this planet has had tleman from New York (Mr. SWEENEY), the sponsor of this legislation. self such time as I may consume. public subsidization of some kind. The Mr. Speaker, I do not know how Mr. Speaker, this is the First Amend- arts do not flourish without public sub- many hundreds were there to say that ment: ‘‘Congress shall make no law re- sidies of some kind, so we, as an en- it was wrong, but I know that 10,000 specting an establishment of religion, lightened society, make measures went and paid $9-and-something to go or prohibiting the free exercise thereof; whereby we provide for public subsidies see if it was wrong. or abridging the freedom of speech, or of the arts. Mr. Speaker, I yield 21⁄2 minutes to But we do not tell museums what of the press; or the right of the people the gentleman from California (Mr. they can display. We do not tell au- peaceably to assemble, and to petition CAMPBELL). thors what they can write. We do not the government for a redress of griev- Mr. CAMPBELL. Mr. Speaker, ‘‘Con- tell sculptors what they can sculpt. We ances.’’ gress shall make no law respecting an leave that up to the artist, and we Nowhere in the First Amendment establishment of religion.’’ The gen- leave the success or failure of those does it say that the United States tax- tleman from New York (Mr. FOSSELLA) works, whether they are written or on payer has to subsidize so-called art just quoted the First Amendment to canvas or in some plastic medium, we that desecrates one’s religion. This is us. leave the success or failure of those ar- the issue. What does this resolution do? It says tistic works up to the final arbiters, There are others who want to say it that the sense of Congress is that the the general public. is censorship, others who want to say Brooklyn Museum of Art should not re- Interestingly enough, in this par- that we are determining what art is. ceive Federal funds unless it closes its ticular case, the general public seems That is not true. The issue is, how do exhibit featuring ‘‘works of a sacrile- to be saying, we have an interest in we appropriately use taxpayer money? gious nature.’’ I repeat, ‘‘sacrilegious seeing what is on display at the Brook- What we are saying, and I think we nature.’’ How do we determine what is lyn Museum. I think the mayor of New have the vast majority of support of sacrilegious except by determining York City may have had something to the American people, both Democrats what offends a religion? do with that interest in giving this dis- and Republicans in this body already Remember, the First Amendment play all the publicity that he has. sponsoring this resolution, we are say- does not say there shall not be an es- Whether he did or so intentionally or ing that unless the Brooklyn Museum tablishment of religion. It says Con- not, I don’t know. Only he knows that. takes this exhibit away that desecrates gress shall make no law ‘‘respecting an October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9271 establishment of religion.’’ Does this the Brooklyn Museum of Art is the per- governments and the States trying to resolution respect an establishment of sonification of offensive. decide whether the city of New York, religion? Let us read some of the Mr. Speaker, I am a staunch advo- this does not even have anything to do clauses: cate of protecting First Amendment with the NEA, this show does not have ‘‘Whereas the American taxpayer rights, of freedom of expression. I be- anything to do with the NEA, it is should not be required to subsidize art lieve the people in this country should whether the city of New York ought to that desecrates religion and religious be able to create art that depicts what- fund the Brooklyn Museum of Art on beliefs.’’ It says the reason for this res- ever they please. That is the American this show. olution is because the Brooklyn Mu- way; and we, as citizens, should respect We really should not care, unless we seum exhibit is a desecration of reli- that right. But I have got to ask, Mr. want to become that paternalistic to gion. It says that this art exhibit fea- Speaker, where in the Constitution tell the people what to do. I certainly tures a ‘‘desecrated image of the Virgin does it say that American taxpayers do not want the people of New York Mary’’; ‘‘desecrated’’ is a religious-con- have to like it as well as pay for it? telling the people of Houston, Texas, or tent word. It says that John Cardinal The answer to that question is quite Pasadena, Texas, what to do. But that O’Connor considers the exhibit an at- simple. The Constitution does not say is the next thing we will get. Some ani- tack on the Catholic faith. The Catho- that. The Constitution makes no men- mal rights person will come up and lic faith is, indeed, one of several es- tion of the right to Government fund- say, The Pasadena rodeo is cruel to tablished religions. ing for anyone’s artistic concepts. animals, and we should not allow any The point is that this is not really a There is no right to Government fund- funding for it. It is a really dangerous debate on censorship. I agree with the ing for any offensive material or, for path that my colleagues are heading gentleman from South Carolina (Mr. that fact, no material at all. down. DEMINT) and the author that Congress If one wants to create a display of of- There is so much other business the has the right to choose whether to fund fensive art, fine, but pay for it oneself. House should be involved in. We have art or not. Indeed, I happen to have Do not ask me and other taxpayers to not even passed our budget for this voted against funding the NEA every fund it. It is not right. And it does not year, but we certainly have time to time it has come up. The reason is make sense. deal with whether the city of New York that, when we fund art, we imme- Mr. Speaker, I commend Mayor ought to fund a show at the Brooklyn diately get into First Amendment Giuliani for taking the stand that he Art Museum. problems because government is fund- has on the Sensation Exhibit, and I Do we not have time to work on our ing one position and not another. urge all my colleagues to take the budget instead of working on stuff like So I am not arguing that we do not same stand by passing this resolution this? Mr. DEMINT. Mr. Speaker, I reserve have the right to stop funding. I en- today. the balance of my time for closing. tirely agree with the gentleman from Mr. CLAY. Mr. Speaker, I yield 2 Mr. CLAY. Mr. Speaker, may I in- Staten Island, New York (Mr. minutes to the gentleman from Texas quire as to how much time we have re- FOSSELLA), that we should not be fund- (Mr. BENTSEN). maining. ing art that offends people. I do not (Mr. BENTSEN asked and was given The SPEAKER pro tempore (Mr. GIB- think we should be funding art at all. permission to revise and extend his re- BONS). The gentleman from Missouri We can stop funding all art. We can marks.) (Mr. CLAY) has 6 minutes remaining. stop funding all art that offends people. Mr. BENTSEN. Mr. Speaker, I thank The gentleman from South Carolina The one thing we cannot do is make a the gentleman from Missouri for yield- (Mr. DEMINT) has 21⁄2 minutes remain- distinction on whether that art offends ing me this time. ing. religion or not. So I wish this had been Mr. Speaker, I do not know that I Mr. CLAY. Mr. Speaker, I yield 2 written differently. I wish I had a like much of the art that is in the minutes to the gentleman from New chance to weigh in earlier on. Saatchi collection in the Brooklyn Mu- York (Mr. ENGEL). I want to close with the recognition seum. The reviews I read I do not think Mr. ENGEL. Mr. Speaker, I thank of the excellent good faith of the gen- were quite flattering. But this is, once the gentleman for yielding me this tleman from New York (Mr. SWEENEY), again, the law of unintended con- time. my high regard for him, and my high sequences. Mr. Speaker, I am not from Brook- regard of all my colleagues who have A few years ago, one of our col- lyn. I am from the Bronx, just a little sponsored this resolution. leagues in the other body did not like bit away. But I am from New York But our oath of office is to uphold a show that was going to be at the Cor- City, and I know politics when I see it. and defend the Constitution. That is coran Gallery not far from here, made This House has not done its business the one thing we swear to do. We do a big deal about it, and made the show this year. We have not passed the budg- not swear to be popular. Lord knows bigger than it ever would have been. et. There are so many things that we my position is not going to be popular Now people are lining up around the have not done. in my district or in the State of Cali- Brooklyn Museum of Art to get in. So What are we wasting our time on? We fornia. But I swore to uphold and de- what my colleagues are trying to ac- are wasting our time on politics. This fend the Constitution. The Constitu- complish they are actually enhancing, is all about who will be the next Sen- tion says we cannot pass any law re- and I think they have failed at that. ator of the State of New York. specting an establishment of religion. But the other problem is that my col- The Republican leadership ought to That is what this resolution does. I leagues are heading down a road they get its act together. They ought to pass must vote no. do not want to go. Because surely the budget. They ought to make sure Mr. DEMINT. Mr. Speaker, I yield 2 somebody can go down the street to there are votes to pass the budget in- minutes to the gentleman from Ala- the National Gallery and find a Botti- stead of trying to vote on these knee- bama (Mr. RILEY). celli or something else they think is of- jerk issues so that they can play to Mr. RILEY. Mr. Speaker, there is a fensive and think we should not fund. their right wing base. That is what this storm brewing in Brooklyn right now, But where do we stop from there? is all about. and at the heart of the matter is But what is even worse is, yet again, Once we start going down this slip- whether the Government should force this House has found it upon itself to pery slope of Government telling muse- taxpayers to fund a museum where art get involved in the politics of New ums what they can or cannot do, where is or can be considered to be anything, York and New York City. Quite frank- does it end? Sure this exhibit is offen- from splattering elephant dung on the ly, I do not care about the politics of sive. Sure this exhibit is disgusting. painting of the Virgin Mary to cutting New York. I do not know why the gen- But I do not think that we in Govern- a pig in half. tleman from Alabama (Mr. RILEY) ment ought to sit and judge as censors Now I am not an art critic, and I may cares about the politics of New York. and say that we will not pay for this not know good art from bad, but I Let the people of New York do it. museum or that museum or whatever know when something is offensive Why is the party of States rights, the it is because we are offended. That is when I see it. This Sensation Exhibit in party of returning power to the local not what we should be doing. H9272 CONGRESSIONAL RECORD — HOUSE October 4, 1999 Let us do our business. The Repub- Mr. Speaker, I yield 3 minutes to the For Heaven’s sake, let us not mess lican leadership wants to put their gentlewoman from New York (Ms. with this thing and please get back to smoke screen up because they have not SLAUGHTER). the business of the United States. done their job. The American people Ms. SLAUGHTER. Mr. Speaker, I Mr. CLAY. Mr. Speaker, I have no know that they have not done their thank the gentleman from Missouri for further requests for time, and I yield job. yielding to me. back the balance of my time. So let us not talk about not giving Mr. Speaker, I represent Rochester, Mr. DEMINT. Mr. Speaker, I yield Federal funds to the Brooklyn Mu- New York; and we have always known myself such time as I may consume. seum. There are no Federal funds that that people in New York City do Mr. Speaker, Thomas Jefferson said, go into this exhibit. There are Federal strange things, but we have always tol- ‘‘To compel a man to furnish contribu- funds that go to the Brooklyn Museum erated them with some bemusement. tions of money for the propagation of for other things, targeted things, spe- The mayor of New York now has em- opinions which he disbelieves and ab- cific things. This is all about politics. barked on his 18th First Amendment hors is sinful and tyrannical.’’ I think Mayor Giuliani gets up, and he starts case, having lost all of them; and Con- it is something we should remember in talking again and again. If he had kept gress today is going to try to join him this debate. his mouth quiet, nobody would even in that exercise, which is going to be I need to remind my colleagues on know about this exhibit. He has given found blatantly unconstitutional. the other side that New York can do it more publicity than it ever could I find more than a sense of irony that whatever it wants with its funds. We have gotten. But, again, he wants to today we had H. Res. 57, where the are trying to save Americans from move to the right, play to the Repub- House of Representatives expressed its using their money to pay for porno- lican base, maybe get the conservative great concern over interference with graphic art. party line in New York. That is what freedom of the press, but not in the It is interesting that in the religious this is all about. United States, in Peru. So now we are arguments we have heard about the So this Congress, again, should do all going to work this afternoon to see laws we make in this room that we the job that the American people elect- what we can do to interfere in Brook- hear arguments from the other side of ed us to do. We ought to pass the budg- lyn. the aisle that there should be no reli- Beauty has always been in the eye of et. We ought to do things on time. We gious displays in the public sector. We the beholder. If the mayor does not ought not to talk about these knee- take away all mangers from the public want to go, he should not go. As a mat- jerk base kind of gut reactions. square, any religious materials from ter of fact, other people and the re- The Republicans want to play to government schools, yet it is okay to views of this show tell us that people their corps. They want to get their have religion displayed in public facili- are lining up around the building, members enthused. They want to show ties as long as it is perverted and por- that one person can out-right wing the standing in the rain to get in to see nographic. I think we have a double other person. That is really a disgrace. what has aggravated Giuliani so much standard. this time. Let us pass the budget and not waste We talk about censorship. We try to Nobody as far as I know has fainted, our time on this nonsense. censor all religious materials from our Mr. DEMINT. Mr. Speaker, I yield 1 been nauseated, or had to be removed culture, yet we call it censorship if we minute to the gentleman from Colo- to the hospital, which were some of the try to take away pornographic and per- rado (Mr. TANCREDO). things that we were told might happen verted art. Mr. TANCREDO. It is incredible, Mr. with this show. Speaker, that here we are talking My colleagues, I think a majority of To sit here and say this is not rel- about attacking the people who criti- Americans that we represent, God bless evant at a time when we look across cize this junk as if they contributed to their judgment, think that it is time to America and wonder about the loss of this, as if they brought it about. really close the door on the tactics values, the loss of the value of life, the It is not Mayor Giuliani. It is no one that make the arts and humanities po- violence that we see and then say that on this side of the aisle. It is no one litical hostages every time we find the denigration of everything sacred is who attacked this stuff that caused something that we can pounce on. not important to this institution is for- this to happen. It is the bizarre, idiotic The benefits that we receive for our getting a lot about what made this in- attitude of people who believe that economy and for our children and for stitution and this whole country. We they want to push the envelope as far our communities by arts and human- see a total disregard for all that is sa- as they possibly can in order to prompt ities are indisputable and far outweigh cred. this kind of thing. the small financial investment that we I am thankful for the sponsors of this No, it does not need to be here. It are making; however, we make no in- resolution and all who have spoken for does not have to be on the floor of the vestment in this show in Brooklyn. it. It reminds us and all Americans House of Representatives. That is abso- that we do not need to sponsor from b lutely true. If no idiot would have 1645 this organization this type of perver- brought this stuff forward in the first Now, the sooner we get around to ac- sion. place and try to pass it off as art, we cepting that fact, maybe we can get Mr. NADLER. Mr. Speaker, this resolution is would not be here. But here we are be- around to passing a budget and do foolish both in substance and in principle. cause, of course, there is money that is something to stop having to shut down Foolish in substance because the Brooklyn going into this and because I have to the Federal Government. I think it is Museum receives little federal money, just a tell taxpayers that they, in fact, must unthinkable that we can work at this few grants for educational projects and touring contribute to this kind of junk. It is ploy just to aim solely at influencing exhibitions. Foolish in principle because it is nothing but junk. the New York State senatorial elec- not the place of this Congress to bar a cultural But it goes to show my colleagues tion. institution from receiving federal money just how difficult it is to actually identify I want to say something for this mu- because we may not like one exhibit it has what is art and what is not. We should seum. For more than a century, the chosen to display. not be contributing anything to, quote, Brooklyn Museum of Art has provided First, let's take a look at the substance of ‘‘the arts’’ because somebody will so many benefits, not only to the peo- this debate. The Brooklyn Museum of Art, a stand up at some point in time and say ple of New York but to Americans all well-respected institution that serves about that this garbage is art; and, therefore, across the country. It strikes me as half a million people each year is presenting it should be funded. We should not be dreadful that the mayor not only wants an exhibition that has received acclaim inter- funding any of this, Mr. Speaker. to stop this show, he wants to evict nationally. This exhibit features the works of Mr. CLAY. Mr. Speaker, I yield my- this show, he wants to tear down the some of Britain's most popular artists. In fact, self 5 seconds to try and decide whether building and salt the ground. This this exhibition drew the highest attendance of or not I agree with the last speaker. I Brooklyn Museum and what it has any contemporary art exhibit in London in 50 guess if I could understand what he done for the Brooklyn’s Children Mu- years. The most controversial pieces in the said, I might agree with him. Stuff? Id- seum through the Brooklyn Public Li- show are by Chris Ofili, a young British artist iots? Junk? Et cetera? brary is incalculable. of Nigerian ancestry, who has won the Turner October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9273 Prize, a prestigious award given to the most rageous and it should be defeated. I urge my 2000, and for other purposes, with a talented young British artists, and whose colleagues to vote against it. Senate amendment thereto, disagree to pieces have sold for tens of thousands of dol- Mr. PACKARD. Mr. Speaker, I would like to the Senate amendment, and agree to lars. Whatever you may think of the subject strongly urge my colleagues to support the the conference asked by the Senate. matter, this is a serious exhibition of work by sense of Congress resolution which prohibits The SPEAKER pro tempore. Is there serious artists, displayed in a respected mu- Federal funding of the Brooklyn Museum of objection to the request of the gen- seum. Art unless they discontinue the exhibit which tleman from New York? Supporters of this resolution will claim that features works of a sacrilegious nature. Thom- There was no objection. they believe in the right of these artists to as Jefferson once said, ``to compel a man to MOTION TO INSTRUCT OFFERED BY MR. show their work, but that American taxpayers furnish contributions of money for the propa- MOLLOHAN should not have to pay for an exhibit like this. gation of opinions which he disbelieves and Mr. MOLLOHAN. Mr. Speaker, I offer Well, let me point out very clearly, that the tax- abhors is sinful and tyrannical''. a motion to instruct. payers are not paying for this exhibition. No Art is certainly in the eye of the beholder. It The Clerk read as follows: federal money went to show this exhibit. Not is not the role of Congress to determine what Mr. MOLLOHAN moves that the managers on a dime. The Brooklyn Museum receives fed- is art, but it is the role of Congress to deter- the part of the House at the conference on eral money, but the money it receives goes di- mine what taxpayer money will fund. The First the disagreeing votes of the two Houses on rectly to pay for educational initiatives and Amendment protects the government from si- the bill, H.R. 2684, be instructed to agree with the higher funding levels recommended touring exhibitions. Do we want to cut off lencing voices that we may not agree with, but in the Senate amendment for the Depart- these worthy programs because we don't like it does not require us to subsidize them. ment of Housing and Urban Development; for one piece of art that the Museum has chosen Mr. Speaker, again I urge my colleagues to the Science, Aeronautics and Technology to display? That would make no sense. join me in expressing a sense of Congress and Mission Support accounts of the Na- So this resolution is foolish in substance. that while we support everyone's right to ex- tional Aeronautics and Space Administra- But this resolution is foolish, and I would press themselves artistically, we are not obli- tion; and for the National Science Founda- say dangerous, in principle. What have we gated to support them financially. tion. come to when the United States Congress is Mr. DEMINT. Mr. Speaker, I have no The SPEAKER pro tempore. The gen- condemning an individual for exercising his further requests for time, and I yield tleman from West Virginia (Mr. MOL- right to free expression? I thought our book back the balance of my time. LOHAN) will be recognized for 30 min- burning days were over. What's next? Will we The SPEAKER pro tempore (Mr. GIB- utes, and the gentleman from New be closing down our public libraries because BONS). The question is on the motion York (Mr. WALSH) will be recognized they contain books that we don't like? I don't offered by the gentleman from South for 30 minutes. like every book in the library, but I'm glad Carolina (Mr. DEMINT) that the House The Chair recognizes the gentleman they're there. Will we attack the libraries for suspend the rules and agree to the con- from West Virginia (Mr. MOLLOHAN). having a copy of Mein Kampf, Hitler's auto- current resolution, House Concurrent Mr. MOLLOHAN. Mr. Speaker, I biography, which offends people's sensibili- Resolution 191, as amended. yield myself such time as I may con- ties? Where does it end? The question was taken; and (two- sume. This exhibit is shocking. It's outrageous. Art thirds having voted in favor thereof) Mr. Speaker, my motion instructs has been called a lot worse since the begin- the rules were suspended and the con- the House conferees to agree to the ning of time. But that's the point of art. It's current resolution, as amended, was Senate’s funding levels in three areas: meant to provoke debate and discussion. agreed to. The overall budget for HUD; NASA’s Good art makes us confront our own cultural The title of the concurrent resolution Science, Aeronautics, and Technology norms. Does this exhibit fit my own artistic was amended so as to read: ‘‘Concur- and Mission Support Accounts; and the tastes? Maybe not. But will I defend the right rent resolution expressing the sense of overall budget for the National Science of artists to express themselves and the right Congress that the Brooklyn Museum of Foundation. of the museum to bring various kinds of artis- Art should not receive Federal funds In each case, the Senate funding lev- tic expression to the public? You bet. unless it closes its exhibit featuring els are higher than those for the House But, this is not about one exhibit. This is works of a sacrilegious nature.’’. in this VA-HUD appropriations bill. I about whether you support free expression A motion to reconsider was laid on am moving to instruct conferees to and creativity or not. If you support the first the table. adopt the higher numbers for these amendment, you find yourself fighting to the f programs because these are all areas in end to defend the rights of people you find of- which the House bill made excessive fensive. We would set a very dangerous GENERAL LEAVE cuts. For HUD and NASA, the House- precedent here if we vote for this resolution. Mr. DEMINT. Mr. Speaker, I ask passed bill reduced appropriations sub- For the United States Congress to single out unanimous consent that all Members stantially below the current year’s one museum and one artist as sacrilegious may have 5 legislative days within level, as well as substantially below and then to hold the museum hostage to the which to revise and extend their re- the request. For NSF, the House bill tastes of the Gentlemen from New York as a marks on House Concurrent Resolution cut funding a bit below the fiscal year condition of receiving federal funds is out- 191. 1999 level and well below the Presi- rageous. Politicians should not be deciding The SPEAKER pro tempore. Is there dent’s request. In each case, the House- what is art. We've debated in this House many objection to the request of the gen- passed levels would do serious damage times whether the federal government should tleman from South Carolina? to important programs and are com- be subsidizing art. I believe we should, and There was no objection. pletely unwarranted at a time when there are many who disagree. But if we do de- f the economy and the budget are in the cide to subsidize art, as we have for over 35 best shape they have been for decades. years, we must do so without interfering in the APPOINTMENT OF CONFEREES ON When we considered the VA-HUD bill content. If every arts institution must suddenly H.R. 2684, DEPARTMENTS OF VET- on the floor this year, many Members, worry that their exhibitions will not satisfy the ERANS AFFAIRS AND HOUSING Republicans as well as Democrats, 435 art critics in the House of Representa- AND URBAN DEVELOPMENT, AND raised serious concerns about the cuts tives, it will create a chilling effect in the cul- INDEPENDENT AGENCIES APPRO- being made, especially in HUD, NASA, tural world. PRIATIONS ACT, 2000 and the National Science Foundation. Frankly, I'm disappointed in my colleagues Mr. WALSH. Mr. Speaker, I ask The managers of the bill, myself in- from New York who are supporting this resolu- unanimous consent to take from the cluded, promised to do all we could to tion. New York is the capital of the art world, Speaker’s table the bill (H.R. 2684) bring about more adequate funding for where we have a tradition of respecting the making appropriations for the Depart- these accounts in conference. This mo- free expression of artists. If you don't like this ments of Veterans Affairs and Housing tion represents a step toward that re- exhibit, protest it, boycott the museum. Best of and Urban Development, and for sun- sult. Its adoption by the House would all, stay home and don't see it. But you don't dry independent agencies, boards, com- strengthen our position in trying to as- need a Congressional Resolution to express missions, corporations, and offices for sure at least minimally adequate fund- personal outrage. It is improper and out- the fiscal year ending September 30, ing for high priority items. H9274 CONGRESSIONAL RECORD — HOUSE October 4, 1999 With respect to HUD, disregarding approaching the budget request. The much lower than in the Senate. But the various one-time offsets and rescis- House bill level is $34 million below leadership, I think wisely, has allowed sions that have no programmatic ef- last year and $285 million below that us to go in to this conference at the fect, the House-passed bill cuts appro- request. The Senate bill provided a Senate’s spending level, which still priations $935 million below the fiscal total funding level for the foundation keeps us below last year’s enacted year 1999 level and about $2 billion of $3.9 billion, identical to the budget level, keeps us within the caps and our below the President’s request. It cuts estimate. overall discretionary spending level. public housing programs $515 million Let us face it, science and research is And so if we are wise and we work to- below the current year level and cuts not cheap. It costs a lot of money to gether, I think we can resolve these total CDBG funding $250 million below achieve and maintain world leadership issues by meeting the priorities that the current year. It provides no fund- in math, biology, information tech- were discussed. ing whatsoever to expand the number nology, and computer sciences, among And I think we will probably hear of families assisted through Section 8 other disciplines. But it may cost even more on NASA, on HUD and National housing vouchers in contrast to the more not to strive for this leadership. Science Foundation from other Mem- $283 million provided for that purpose The information technology sector of bers here. our economy amounts to more than in the current year, and it makes cuts b 1700 in a number of other important pro- $700 billion today. We cannot afford to grams as well. let our dominant position in these But I quite honestly could not agree The Senate’s total for HUD is about fields slip due to short-sighted and mis- more with the gentleman from West $1.1 billion above the House total, al- guided budget policies. Virginia (Mr. MOLLOHAN). The chal- though it remains about $1 billion The administration’s budget request lenge is obviously getting everyone to below the President’s request. The Sen- for the National Science Foundation agree on how much to increase spend- ate provided $50 million more than the included $146 million as a part of a six- ing in each of those areas, what the House for homeless assistance, $300 agency, multi-year initiative called In- priorities are, without basically telling million more for Community Develop- formation Technology for the 21st Cen- those Departments where the legisla- ment Block Grants, and a bit more for tury, or I.T.-Squared. The House- tive branch wants to spend money. So public housing operating subsidies. On passed funding level included only $35 I take the motion as constructive. Section 8, the Senate level is about $500 million for the NSF, the lead agency in Mr. Speaker, I reserve the balance of million above the House, although our that effort. If we recede to the higher my time. first priority in Section 8 has to be Senate level, we should be able to pro- Ms. JACKSON-LEE of Texas. Mr. Speaker, taking care of existing contracts and vide more for this critical program in- I rise to speak on this motion to instruct con- vouchers, I hope that, within the Sen- tended to keep this Nation on the cut- ferees for the VA±HUD & Independent Agen- ate total, we would be able to find ting edge of developments in informa- cies Appropriations bill for Fiscal Year 2000. funds to provide at least some incre- tion processing. This bill fails because it does not provide ade- Higher funding is necessary if we are mental vouchers. quate funding for housing needs and it once to respond to the recommendations of There are still millions of low-in- again targets NASA for a reduction in funding. the President’s Information Tech- come families unable to afford decent While the total included in the House bill for nology Advisory Committee, which re- housing. Indeed, the current economic HUD looks like a substantial increase over the cently concluded that our long-term boom may be making the problem fiscal year 1999 appropriations level, dis- research on information technology worse by driving up rents. We can af- senters to the House version can point to the has been dangerously inadequate. In ford the very modest increases in total reductions in HUD programs below the prior the words of the director of the NSF, HUD funding proposed by the Senate. year's level that are spread throughout the bill. As for NASA, Mr. Speaker, the House we are able and ready to do 21st cen- The bill provides a total of $26.1 billion for tury science and engineering, but we bill makes deep cuts there as well. HUD programs and activitiesÐ$2.0 billion (8 cannot do it on a 20th century budget. Total NASA funding in the House- percent) more than fiscal year 1999 funding Mr. Speaker, I urge approval of this (under official budget scorekeeping stand- passed bill is $925 million, almost $1 motion to instruct. ards), but $2.0 billion (7 percent) less than re- billion below the budget request and $1 Mr. Speaker, I reserve the balance of billion below fiscal year 1999. Some of my time. quested by the President. On a programmatic the deepest cuts come in space science Mr. WALSH. Mr. Speaker, I yield my- level, however, (i.e., looking at the amount of programs, such as the work on devel- self such time as I may consume, and I budget authority actually provided for indi- oping new technologies in the next gen- thank the gentleman for his thoughts vidual housing programs), the bill provides eration of space-based observatories and comments on the bill. And I wish $945 million less for HUD housing programs and planetary probes. Other deep cuts to again thank him for his help in mov- than was available in fiscal year 1999. come in earth sciences programs, ing the bill through the House. Compared to current funding, the bill in- which use space-based observations and As we now prepare for our conference creases funding for one major HUD program, technologies to help better understand with the Senate, we have made a lot of subsidized Section 8 rental housing contracts our own earth and make better use of headway. And I would like to give cred- (2 percent)Ðbut decreases funding for public the earth’s resources. it to the staff, because the leadership housing modernization (15 percent), revital- The Senate-passed levels for NASA has asked us to move expeditiously, izing severely distressed public housing (8 are at the budget request, thereby pro- and we are. And I think staff has us at percent), drug elimination grants (6 percent), viding $925 million more than the a point now where we will be able to sit lead paint hazard reduction (13 percent), House bill. During the House floor de- down with the Senate and begin and housing for persons with AIDS (4 percent), the bate, Member after Member, Demo- soon thereafter conclude the con- Community Development Block Grant program crats and Republicans alike, rose to ex- ference Wednesday morning. (6 percent), ``Brownfields'' redevelopment (20 press dismay about various cuts in So the instructions that the minority percent), Fair Housing activities (6 percent), NASA and to urge higher funding than side has offered, I think, are construc- housing for the homeless (1 percent), and the provided in the House bill. Adopting tive. I think they are helpful. When we HOME program (1 percent). this motion and instructing conferees had the debate in the House, we were In addition this bill would take the dream of to adopt the higher Senate number far below the President’s request and exploring space and crush it beneath the would take an important step toward we were far below last year’s enacted weight of political posturing. This bill would tell restoring the funding for NASA that so level in NASA, National Science Foun- our children, ``Forget about space. You will many Members have advocated. dation, and in some areas of HUD. So never reach it.'' The final part of my motion to in- as chairman of the Subcommittee on And our children's dreams are not the only struct deals with the funding level for VA, HUD and Independent Agencies of casualties. Jobs are at stake. As a Represent- the National Science Foundation. The the Committee on Appropriations, I ative for the City of Houston, I cannot stand by House recommendation did not even would see these as constructive. and watch my Houstonians lose their jobs be- bring total funding for the foundation We had a very difficult time in the cause of these cuts. The Johnson Space Cen- up to the 1999 level, much less anything House, because our allocation was ter in Houston provides work for over 15,000 October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9275 people. The workforce consists of approxi- proximately $35 billion in budget savings rel- By cutting this portion of the NASA budget, mately 3,000 NASA Federal civil service em- ative to earlier outyear estimates. During the we will be unable to develop new methodolo- ployees. In addition to these employees are same period, NASA reinvented itself, reducing gies, better observing instruments, and im- over 12,000 contractor employees. personnel by almost one-third, while con- proved techniques for translating raw data into NASA has predicted the effects of the cuts tinuing to increase productivity. The massive useful end products. It also cancels our ``Path- on the Johnson Space Center, and the picture cuts recommended by the Committee would finder'' generation of earth probes. is not pleasant. NASA predicts that an esti- destroy the balance in the civil space program Reducing funding for NASA's science, aero- mated 100 contractors would have to be laid that has been achieved between science and nautics, and technology hinders the work of off, contractors composed of many employees human space flight in recent years. our space sciences, our earth sciences, our and workers; clinic operations would be re- In particular, the Committee's recommenda- academic programs, and many other vitally duced; and public affairs, particularly commu- tion falls $250 million short of NASA's request important programs. But under-funding this nity outreach, would be drastically reduced. for its Human Space Flight department. This item by $449 million, the Appropriations Com- Also, NASA would likely institute a 21 day fur- greatly concerns me because this budget item mittee will severely impede upon the progress lough to offset the effects of the cuts, and this provides for human space flight activities, in- of these NASA projects. furlough will place many families in dire straits. cluding the development of the international I ask my colleagues that represent the Also, the Johnson Space Center would have space station and the operation of the space House of Representatives during conference to eliminate its employee Safety and Total shuttle. to restore the $924 million to the NASA budg- et and to provide adequate funding to the Health program. I firmly believe that a viable, cost-effective The entire $100 million reduction in the International Space Station has been devised. HUD portion of this appropriation. Ms. SCHAKOWSKY. Mr. Speaker, I rise in International Space Station would be attributed We already have many of the space station's support of the Motion to Instruct Conferees to to the space center and would cause reduc- components in orbit. Already the space station is 77-feet long and weighs over 77,000 accept the other body's funding level for HUD, tions in the Crew Return Vehicle program. which provides more money for important This would result in a 1 to 2 year production pounds. We have tangible results from the money we have spent on this program. housing and economic development programs slip and would require America to completely than the House bill and is much closer to the rely upon Russia for crew returns. This is a Just this past summer, we had a historic docking of the space shuttle Discovery with President's request. There are 5.3 million peo- humiliating situation. We pride ourselves in ple in this country who suffer worst case hous- being the world leader in space exploration, the International Space Station. The entire world rejoiced as Mission Commander Kent ing needs. In Chicago, nearly 35,000 people yet, what does it tell our international neigh- are on the waiting list for affordable public bors when we do not even have enough fund- Rominger guided the Discovery as the shuttle connected with our international outpost for housing. This is not the time to cut much ing to bring our astronauts home? needed housing aid to people on fixed- and The cuts would not only effect Houston; the first time. The shuttle crew attached a crane and transferred over two tons of sup- low-incomes. they would effect the rest of the country. But the House would cut HUD funding. My NASA's Goddard Space Flight Center would plies to the space station. History has been made, yet, we seek to district, alone, would lose $4.5 million in crit- need to cut over 2,500 jobs. Such layoffs withdraw funding for the two vital components, ical aid that the President requested in his would effect both Maryland and Virginia. the space station and the space shuttle, that HUD budget proposal. That's 386 jobs that The $100 million reduction in NASA's re- made this moment possible. We cannot lose would not be created and 256 homes that search and development would result in an sight of the big picture. With another 45 space would not be built if we enact the House HUD immediate reduction in the workforce of 1,100 missions necessary to complete the space budget. Across the country, the cuts would employees for fiscal year 2001. This would station, it would be a grave error of judgment total 156,000 fewer homes and 97,000 fewer also require a hiring freeze, and NASA would to impede on the progress of this significant jobs. We can do better. not be able to maintain the necessary skills to The other body provides $500 million more step toward further space exploration. implement future NASA missions. Given NASA's recognition of a need for in- for the Section 8 program, which provides rent Negative effects will also occur across our creased funding for Shuttle safety upgrades, it subsidies for seniors, persons with disabilities and low-income families. It provides $64 mil- Nation. Clearly, States such as Texas, Florida, is NASA's assessment that the impact of a lion more for housing for seniors and persons and Alabama will see substantial cuts to the $150 million cut in shuttle funding would be a with disabilities and for Housing Opportunities workforce, but given today's widespread inter- reduction in shuttle flight rate, specifically im- for Persons With AIDS (HOPWA). There is state commerce, it is easy to imagine that pacting ISS assembly. Slowing the progress of $300 million more the Community Develop- these costs to the NASA program will hit the ISS assembly would defer full research ca- ment Block Grant Program, which local gov- home throughout America. And NASA warns pabilities and would result in cost increases. that the country may not see the total effects Both the International Space Station and the ernments used to create jobs back home. Considering the importance of housing to of this devastation to our country's future sci- space shuttle have a long, glorious history of the American family and the desperate need entists and engineers for many years. international relations. We can recall the im- NASA contractors and employees represent for that housing, it is incumbent upon us to ages of our space shuttle docking with the take whatever opportunities are available to in- both big and small businesses, and their very Russian Mir space station. Our Nations have livelihood are at stakeÐespecially those in crease HUD funding. The other body's VA± made such a connection nine times in recent HUD bill presents that opportunity. I urge my small business. They can ill afford the flood of years. This connection transcended scientific layoffs that would certainly result from this bill. colleagues to vote for the Motion to Instruct discovery: it signified the true end of the Cold Conferees to accept the other body's HUD Dan Goldin, head of NASA, has already an- War and represented an important step toward ticipated the devastating effects of the NASA funding level. international harmony. Mr. MOLLOHAN. Mr. Speaker, we cuts. He predicts a 3 week furlough for all The International Space Station, designed have no more requests for time, and I NASA employees. This would create program and built by 16 nations from across the globe, yield back the balance of my time. interruptions and would result in greater costs. also represents a great international endeavor. Mr. WALSH. Mr. Speaker, we have no Ladies and gentlemen, we are falling, if not Astronauts have already delivered the Amer- further requests for time. I accept the tumbling, down a slippery slope. This bill ican-made Unity chamber and have connected motion of the gentleman to instruct would reduce jobs for engineers and would in- it to the Russian-built Zarya control module. conferees, and I yield back the balance crease NASA's costs, a result that will only re- Countless people from various countries have of my time. sult in more layoffs as costs exceed NASA's spent their time and efforts on the space sta- The SPEAKER pro tempore (Mr. MIL- fiscal abilities. tion. LER of Florida). Without objection, the We are at a dangerous crossroads. This bill To under-fund this project is to turn our previous question is ordered on the mo- gives our engineers and our science aca- backs on our international neigbhors. Space tion to instruct. demics a vote of no confidence. It tells them exploration and scientific discovery is uni- There was no objection. that we will not reward Americans who spend versal, and it is imperative that we continue to The SPEAKER pro tempore. The their lifetimes studying and researching on be- move forward. question is on the motion to instruct half of space exploration. I urge my colleagues I also denounce the cuts made by the Ap- offered by the gentleman from West to join me in my effort to stop the bleeding. propriations Committee to NASA's science, Virginia (Mr. MOLLOHAN). Over the past 6 years, NASA has led the aeronautics, and technology. This bill cuts The question was taken; and the Federal Government in streamlining the Agen- funding for this program $678 million below Speaker pro tempore announced that cy's budget and institution, resulting in ap- the 1999 level. the ayes appeared to have it. H9276 CONGRESSIONAL RECORD — HOUSE October 4, 1999 Mr. MOLLOHAN. Mr. Speaker, on The amendment was adopted by a ment, the Senate recommendation is $5 that I demand the yeas and nays. vote of 273–151. That amendment million higher than the amount con- The yeas and nays were ordered. upheld the opinion of the Department tained in the House bill. Both of these The SPEAKER pro tempore. Pursu- of Interior that the correct interpreta- important organizations have received ant to clause 8 of rule XX, further pro- tion of the 1872 Mining Law is that virtually flat funding for the past 4 ceedings on this motion will be post- only one 5-acre millsite for mine and years. And that flat funding level has poned. tailings is allowed for each claim or been approximately 40 percent below f patent for mining activities on Federal the amounts provided prior to 1995. land. The Senate provision is 180 de- Both organizations, but especially APPOINTMENT OF CONFEREES ON grees on the other side of the issue. the National Endowment for the Arts, H.R. 2466, DEPARTMENT OF THE The Senate provision sets aside the have substantially changed their oper- INTERIOR AND RELATED AGEN- Department of the Interior’s legal rul- ations and procedures in response to CIES APPROPRIATIONS ACT, 2000 ing and directs that the Interior and Congressional criticism. The message Mr. REGULA. Mr. Speaker, I ask Agriculture Departments cannot limit has been received, and it is time to unanimous consent to take from the the number or size of areas for mine move on. Both organizations have an Speaker’s table the bill (H.R. 2466) waste. Furthermore, their provision is impact far beyond just the level of making appropriations for the Depart- not just applicable for fiscal year 2000. funding provided. They both level their ment of the Interior and related agen- The language of the amendment ap- Federal funding with State, local, and cies for the fiscal year ending Sep- plies for any fiscal year. private resources so that the impact of tember 30, 2000, and for other purposes, Mr. Speaker, the Senate provision each appropriated dollar is magnified. with a Senate amendment thereto, dis- has no place in the Interior appropria- We have had the debate on the merits agree to the Senate amendment, and tions bill. If the supporters of that pro- of these agencies time and time again agree to the conference asked by the vision want to amend the 1872 Mining during the past 5 years. Every time the Senate. Law, let them do it through the normal House has been permitted to speak its The SPEAKER pro tempore. Is there legislative process. The law allows will on the NEA and the NEH, the re- objection to the request of the gen- mining operations on Federal land to sult has been supported. During consid- tleman from Ohio? proceed after payment of only $2.50 to eration of this year’s Interior bill on There was no objection. $5 per acre. That may have made sense the House floor, an amendment to re- MOTION TO INSTRUCT OFFERED BY MR. DICKS 125 years ago when the Nation was set- duce the funding level for the National Mr. DICKS. Mr. Speaker, I offer a tling the West, but it certainly makes Endowment for the Arts by just $2 mil- motion to instruct conferees. no sense today. lion was defeated by a vote of 124–300. I realize an amendment to increase The Clerk read as follows: Practically the only provision yield- ing any environmental protection at NEA and NEH funding by $10 million Mr. DICKS moves that the managers on the each was nearly defeated, but this was part of the House at the conference on the all in the 1872 law is the provision that disagreeing votes of the two Houses on the only one 5-acre millsite per claim is al- solely due to concern about the pro- bill, H.R. 2466, be instructed: (1) to insist on lowed. To weaken that provision may posed offsets. The Senate was able to disagreement with the provisions of Section benefit the mining industry, but it is find additional funding for the Endow- 336 of the Senate amendment and insist on bad public policy and will almost cer- ments without the objectionable off- the provisions of Section 334 of the House tainly result in the veto of the Interior sets, and I believe the House conferees bill; (2) to agree with the higher funding lev- should go along with their rec- els recommended in the Senate amendment Appropriations act. Unfortunately, during extended de- ommendations. for the National Endowment for the Arts and The final part of this motion con- bate on this issue, some have resorted the National Endowment for the Humanities; cerns the several new provisions added to ad hominem attacks on the Solicitor and (3) to disagree with the provisions in the during Senate consideration of the bill Senate amendment which will undermine ef- of the Department of Interior. Most that are generally regarded as assisting forts to protect and restore our cultural and often, such attacks are resorted to the special interest to the detriment of natural resources. when the preponderance of evidence our public land. I will not itemize all The SPEAKER pro tempore. Under does not support the position of the the provisions. That has been done re- the rule, the gentleman from Wash- persons making the attacks. And that peatedly by the administration, the ington (Mr. DICKS) will be recognized is precisely the situation here. press, and concerned individuals and for 30 minutes, and the gentleman from While there may have been some con- groups. I believe if most of these provi- Ohio (Mr. REGULA) will be recognized fusion due to administrative guidance sions are included in a bill sent to the for 30 minutes. issued in the past, as courts have stat- President, a veto will result and we The Chair recognizes the gentleman ed, administrative practice cannot su- will have to negotiate the measure from Washington (Mr. DICKS). persede the plain words of the statute. again. Mr. DICKS. Mr. Speaker, I yield my- And here is what the law says from, 30 I urge my colleagues to avoid that self such time as I may consume. U.S.C., 42, page 804 of the 1994 edition unnecessary confrontation by stripping Mr. Speaker, the first part of my mo- of the United States Code: the anti-environmental provisions out tion deals with the issues of the num- Where nonmineral land not contiguous to of the bill in the conference. ber of millsites allowed under the in- the vein or lode is used or occupied by the I hope my colleagues will dem- terpretation of the provisions of the proprietor of such vein or lode for mining or onstrate their support for the environ- Mining Law of 1872. milling purposes, such nonadjacent surface ground may be embraced and included in an ment and for the Endowments of the Members will recall that this matter Arts and Humanities. Support the mo- has been a contentious issue twice this application for a patent for such vein or lode, and the same may be patented therewith, tion to instruct the Interior conferees. year, both on the 1999 emergency sup- subject to the same preliminary require- Mr. Speaker, I reserve the balance of plemental appropriations bill and on ments as to survey and notice as are applica- my time. the 2000 Interior appropriations bill. ble to veins or lodes; but no location made Mr. REGULA. Mr. Speaker, I yield Both the House and Senate versions of on or after May 10, 1872, of such nonadjacent myself such time as I may consume. the Interior bill contain provisions re- land shall exceed five acres. Mr. Speaker, I would just briefly ad- lating to the permissible level for mill- I urge my colleagues to do the right dress a few of the points made by the sites for mining activities on Federal thing for the environment and for our gentleman from Washington (Mr. lands. publicly owned lands and reaffirm their DICKS). The House provision was included as support for the Rahall amendment. First of all, on the matter of amend- a floor amendment offered by the gen- The second part of the motion merely ing the Mining Act of 1872, that is a tleman from West Virginia (Mr. RA- instructs the House conferees to agree policy change; and I think that cor- HALL) for himself and for the gen- with the slightly higher funding levels rectly it should be done by the Con- tleman from Connecticut (Mr. SHAYS) that the other body recommended for gress in the normal legislative process. and for the gentleman from Wash- the National Endowment for the Arts I do not believe that a Solicitor Gen- ington (Mr. INSLEE). and the Humanities. For each Endow- eral should exercise a privilege of October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9277 amending a policy matter that has had the highest quality, that rep- Through the use of computers, edu- been adopted by the Congress. That resented the finest in the arts. I believe cational software and the Internet, the would, to me, be bad public policy. that a lot of the success in recent years NEH is also using its Teaching with I think, obviously, something we of both the Endowment for the Arts Technology initiative to bring the hu- need to address is the Mining Act. 1872 and Humanities is because we did give manities to life in the information age. is a long time ago and many things some guidance. I think the gentleman Mr. Speaker, a majority of Ameri- have changed since then, but it should from Ohio deserves a great deal of cred- cans and a majority of this House sup- be done in an orderly way rather than it for his leadership on this issue. port the arts and humanities. In addi- to delegate legislative responsibility to Mr. Speaker, I yield 5 minutes to the tion, these institutions are supported the Solicitor General. distinguished gentlewoman from New by such entities as the United States I might mention on the matter of the York (Ms. SLAUGHTER), the chairman of Conference of Mayors, the National As- arts, since there has been a rather live- the Arts Caucus who has been a real sociation of Counties, and by such cor- ly discussion prior to this on the leader on these issues. porations as CBS, Coca-Cola, Mobil, Brooklyn Museum of Art, and that is Ms. SLAUGHTER. Mr. Speaker, first Westinghouse and Boeing, to name just that we maintain in this bill the Con- I want to commend the gentleman a few. These organizations support the gressional reforms: 15 percent cap on from Ohio (Mr. REGULA) and the gen- arts because they provide economic the amount of funds any one State can tleman from Washington (Mr. DICKS) benefits to our communities. Last receive; State grant programs and for their extraordinary work and how year, the $98 million allocated to the State set-asides are increased 40 per- wonderful it is to work with both of NEA provided the leadership and back- cent of total grants; anti-obscenity re- them. bone for a $37 billion industry. For the quirements for grants, and this is sup- The first thing I want to say today is price of one-hundredth of 1 percent of ported by the Supreme Court decision we have just had the resolution on the the Federal budget, we helped create a in 1998, as was stated in the previous Brooklyn Museum of Art. I want to put debate, puts six Members of Congress system that supports 1.3 million full- everybody’s minds at rest, there is no on the National Council on the Arts, time jobs in States, cities, towns and NEA money in that exhibition. villages across the country, providing three from the House, three from the Mr. Speaker, I rise in support of the Senate; reduce the presidentially ap- $3.4 billion back to the Federal Treas- motion to instruct conferees on the fis- pointed council to 14 from 26; prohib- ury in income taxes. I think that is a cal year 2000 Interior appropriations ited grants to individuals except for good investment. bill. As most of my colleagues will at- literature fellowships or National Her- As we head into a new millennium, test, I have long stood at the well of itage fellowship or American Jazz Mas- these modest increases will allow the ters fellowship; prohibited subgranting this Chamber to advocate for the NEA and the NEH to spread the won- of four full seasonal support grants; al- strongest level of support possible for derful work that they do to every city, lows NEA and NEH to solicit and in- the arts and humanities. town and village in America. Federal vest private funds to support the agen- For the past 4 years, this body has support for the arts and humanities is cies; provided a grant priority for passed up the opportunity to benefit an incredibly worthwhile investment projects in underserved populations; millions of Americans by choosing to and these increases would take a small provided a grant priority for education, level-fund the National Endowment for but important step toward revitalizing understanding, and appreciation of the the Arts and for the Humanities. Year two agencies that we have neglected arts; and provided emphasis for grants after year, I have joined with other for too many years. to community music programs. members in a bipartisan way, members I urge all of my colleagues to vote in These changes were incorporated in of the Congressional Arts Caucus, to favor of the motion to instruct. prior Interior bills limiting the NEA. I show our support for our Nation’s cul- Mr. REGULA. Mr. Speaker, I yield 5 think they worked extremely well, and tural institutions, and to fight back minutes to the gentleman from Nevada that has been evident by the fact that against the political rhetoric and cam- (Mr. GIBBONS). we have not had some of the problems paigns of misinformation that have (Mr. GIBBONS asked and was given that were prevalent in the past. I think long been used against these vital permission to revise and extend his re- these conditions are an important ele- agencies. marks.) ment in congressional responsibility or So today I say with great enthusiasm Mr. GIBBONS. Mr. Speaker, I want congressional oversight, as my col- that we are finally beginning to reap to thank the chairman of the com- leagues may choose to define it. the benefits of these efforts. This mo- mittee for yielding me this time here That is one of the issues, of course, in tion to instruct provides badly needed to address some of these issues. the Brooklyn Museum of Art, and that relief to the NEA and the NEH by di- I am not sure whether we are here ar- is what oversight does Government recting the conferees to accept the $5 guing about the mill site provision on have on the way in which funds are ex- million funding increases that were re- the basis of science or emotion. I rise pended. We have tried to do a respon- sponsibly added to this bill by the in strong opposition to the motion to sible piece of work on this issue, and I other body. These small increases will instruct conferees because this amend- think it has been a great help in keep- permit the NEA to broaden its reach to ment, this provision on the mill site is ing support for the NEA and the NEH, all Americans through its Challenge nothing but a rider which we con- and particularly the NEA, in our bill. America initiative. It will give the En- stantly hear, it is a rider on an appro- Mr. Speaker, I reserve the balance of dowment the resources to undertake priations bill, it is legislating on an ap- my time. the job that we in Congress have asked propriations bill, and it is not nec- Mr. DICKS. Mr. Speaker, I yield my- of it, to make more grants to small and essary. Members start talking about self such time as I may consume. medium-sized communities that have the sound science, as I hear from the Mr. Speaker, I do want to commend not been the beneficiaries of Federal previous speakers who are in support of the chairman. I had the privilege of arts funding in the past. From the this motion, on the basis that it is working with him a few years ago in needed to protect our land and protect drafting language that, as he sug- fields of rural America to the streets of our environment. I refer them directly gested, was tested by the Supreme our inner cities, the NEA has a plan to to the publication which was just Court of the United States. That rule expose all Americans to the arts and printed, in fact it was released Sep- tried to emphasize quality in making this money would help them to do ex- these grant awards. Because, obvi- actly that. tember 29, 1999, from the National Re- ously, the National Endowment for the In addition, the NEH plays an equal- search Council titled ‘‘Hard Rock Min- Arts and Humanities, neither one of ly important role in our society. It is ing on Federal Lands.’’ The number them can fund every single grant appli- at the forefront of efforts to improve one issue in this 200-page report that cation that comes in. and promote education in the human- was paid for and authorized to study ities. NEH funding is well spent to en- this issue says that the existing array b 1715 sure that teachers, restricted by scarce of Federal and State laws regulating We worked on language that talked funding, are well-trained in history, mining in general are effective in pro- about funding those applications that civics, literature and social studies. tecting the environment. H9278 CONGRESSIONAL RECORD — HOUSE October 4, 1999 There is no reason that we have to sit Interior Appropriations Act. This motion will They see government unresponsive to their here and talk about restricting mill allow the Solicitor of the Department of the In- concerns, beyond their control and view regu- sites to protect the environment. I terior to amend the existing mining law without lators as a class apart, serving themselves in would agree with my colleague from congressional authorization. the complete guise of serving the public. Washington that the 1872 law says that In March of this year, the Solicitor at the De- When regulators take it upon themselves to it is a five-acre mill site. That is for partment of the Interior reinterpreted a long- legislate through the regulatory process the one reason, because we permit and we standing provision of law and then relied on people lose control over the laws that govern stake out or locate mill sites in five- his new interpretation to stop a proposed gold them. No defensible claim can be made that acre increments. But when we restrict mine in Washington State. regulators possess superior knowledge of this five acres to a 20-acre claim, it This proposed mine (Crown Jewel) had what constitutes the public good. Nor to take does not allow for the administration, gone through a comprehensive environmental it upon themselves to create laws they want the milling, as well as the overburden review by Federal and State regulators, which because of congressional gridlockÐthe value and tailings that come from a 20-acre was upheld by a federal district court. They laden word for a decision not to make law. mine. You cannot take 20 acres of over- had met every environmental standard re- The so-called gridlock that the policy elites burden rock, move them off of 20 acres quired and secured over 50 permits. The mine view as to unconscionable was and is no and stack them on five acres and put qualified for their Federal permit after spend- problem for people who believe in the separa- your administration there, put your ing $80 million and waiting over 7 years. The tion of powers doctrine contained in the Con- mill site there, as well as the tailings local Bureau of Land Management and Forest stitution which holds that laws indeed should that are off of this mine. Service officials informed the mine sponsors not be made unless the broad support exists So I would suggest that this is really that they qualified for the permit and they to get those laws through the Article I process a poor interpretation of the current should come to their office to receive it. It was of the Constitution, i.e., ``All legislative powers mining practices that have not been then that the Solicitor in Washington D.C. in- herein granted shall be bested in Congress.'' challenged even by this administration tervened and used his novel interpretation of Let us debate the merits of the proposal, do until this recent Solicitor General’s the law to reject the project. not destroy the lives of hundreds of thousands opinion that was put in simply to stop This Motion is cleverly designed to codify of miners just to appease special interest the Crown Jewel mine in Washington this administrative reinterpretation. This inter- groups whose entire agenda is to rid our pub- State. pretation has been implemented without any lic lands of mining. If you have problems with For the past practices of this indus- congressional oversight or rulemaking which mining on our public lands come and see me, try, the administration through the would be open to public review and comment. together we can make positive changes but do Bureau of Land Management has per- This was a calculated effort to give broad dis- not destroy the lives of my constituents today mitted numerous mill site applications cretion to the Solicitor to stop mining projects by supporting this Motion! per mining claim, not restricting them that met all environmental standards yet were Without mining none of us would have been to numbers but only to five acres in still opposed by special interest groups. The able to get to work today, we would not have size and increment, so that you could Motion should be defeated and the Solicitor a house over our headsÐbecause without get more than one 5-acre mill site per should be required to seek a congressional mining we have nothing. Give our mining fami- mining claim. This is necessary be- change to the law of enter a formal rulemaking lies a chance to earn a living, to work to pro- cause of the current practices of min- vide the very necessities that you require. Op- ing. Unlike underground mining which giving the impacted parties an opportunity to pose the devastating riders in the Motion to In- is in my colleague’s State of West Vir- comment on the change. If allowed to stand, the Interior Department's struct Conferees and uphold your constitu- ginia here, most of the mining out ruling will render the Mining Law virtually West is done in open pit style mining tional oath to your constituents. meaningless and shut down all hard rock min- Mr. DICKS. Mr. Speaker, I yield 4 where it takes a great deal of overbur- minutes to the distinguished gen- den, removes that off of the ore deposit ing operations and projects representing thou- tleman from West Virginia (Mr. RA- and then mines the ore body. It takes a sands of jobs and billions of dollars of invest- HALL) who was the author of this requirement of acreage larger than five ment throughout the West. This Motion would destroy the domestic amendment to the Interior appropria- acres to put an overburden that comes mining industry and with the price of gold at a tions bill and who is an expert on this from a 20-acre mill site. What we would be doing here in ef- new 30-year low, the second largest industry subject here in the House of Represent- fect by passing this motion to instruct in Nevada will cease to exist. Pay attention atives. Mr. RAHALL. Mr. Speaker, I thank conferees and restricting them to a Congress, mining will no longer exist in Ne- five-acre limitation would be to effec- vada. the distinguished ranking minority tively and retroactively go back and If the Secretary or his solicitor has problems member for yielding me the time and shut down these mines. I think that is with the United States mining law then he commend him for the motion that he in the wrong direction that we would should take these problems to Congress, to has brought. I support all three points be taking this industry, and so I would be debated in the light of day, before the of his motion to instruct but would suggest to my colleagues that we op- American public. Laws are not made by like to narrow my remarks to the mill pose this, because there is no real need unelected bureaucrats. Bureaucrats administer site provisions portion of these instruc- for this provision. the laws Congress approves whether or not tions. We are able to go back through the they agree with those laws. It is the duty of As has been referred to, Mr. Speaker, permitting process, through all of the government in a democracy to deal honestly the House overwhelmingly in a bipar- environmental agencies, through all of with its citizens and not to cheat them. tisan vote on July 14 adopted my the agencies that oversee mining and As the Wall Street Journal stated, ``if the So- amendment offered along with the gen- actually look and review the require- licitor's millsite opinion is allowed to stand, in- tleman from Washington (Mr. INSLEE) ments for more than a single five-acre vestment in the U.S. will be as risky as third and the gentleman from Connecticut mill site with some of these mines. And world nations.'' The International Union of Op- (Mr. SHAYS) to uphold the Interior De- in doing that process, we have then erating Engineers opposed the Rahall amend- partment’s lawfully constructed posi- protected the environment. We have ment on the basis that if passed it will force tion on the ratio of mill sites which looked at it from all angles. But to re- the continued loss of high paying U.S. direct may be located in association with strict them on an arbitrary basis that and indirect blue-collar jobs in every congres- mining claims on western Federal you only get five acres is totally un- sional district. The Constitution gives the peo- lands. This amendment was adopted founded in the science and is supported ple control over the laws that govern them by 273–151, so a vote today in support of by this recent publication here that we requiring that statutes be affirmed personally this motion to instruct would be con- have in our hands today. by legislators and a president elected by the sistent with the vote of last July 14. Mr. Speaker, I want to thank the people. This issue is about protecting the gentleman from Ohio for his leadership Majorities in the House and Senate must American taxpayers and the environ- in this area. I do rise in opposition to enact laws and constituents can refuse to re- ment against abuses which occur under this motion to instruct. elect a legislator who has voted for a bad law. that Mining Law of 1872 under which Mr. Speaker, I rise to oppose the Motion to Many Americans no longer believe that they there is overwhelming support for some Instruct Conferees on H.R. 2466, the FY 2000 have a government by and for the people. type of reform. Simply put, if Members October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9279 voted ‘‘aye’’ on July 14, they vote after amendment to appropriations an, I guess I will have to say, an art ex- ‘‘aye’’ today as well. As for the 151 bills which they feel are legislative hibit, although it is certainly hard to Members who voted ‘‘no’’ at that time, amendments rather than appropriating qualify it as such, in New York City, in perhaps they will see the light, have amendments and therefore do not be- Brooklyn. And the gentleman opposing the opportunity to make amends, and long on appropriations bills. us on that indicated that he really did today is the opportunity to do the Just last week we were treated to the not understand the gist of my point, so right thing. concerns that one chairman of an au- I am happy to once again stand up here We have had debate on this issue dur- thorizing committee had on two appro- and get a few more minutes, a bit ing the course of many years. Since our priations bills that were on the floor. longer time, to say what I want to say last debate, however, on July 14, new Because of that, I find it ironic that in about this and explain my concern information has come to light. Under a this case what we are trying to do about it and do so a little slower be- directive that was included in the sup- today is to tell the other body that cause I have a little more time to do it. plemental appropriation enacted last they should strip from the Interior and Maybe it will be better understood. May, the Interior Department has now HUD appropriation bills a whole range But the fact is that the problem we completed a report on the number of of amendments that do not belong on see both in Brooklyn, the problem with pending plans of operation and patent the bill. increasing money to the NEA, is en- applications, which under the Solici- Three years ago on the HUD bill, we demic to this whole question of wheth- tor’s opinion, contain a ratio of mill had a fight over 13 anti-environmental er or not we should be asking tax- sites to mining claims in excess of riders that were added to that bill, and payers of the United States to fund any legal requirements. The results of this it took three votes before we finally project of art because we are always report clearly illustrate that the So- were able to strip those off. Now we going to have these kinds of debates licitor’s opinion will not lead to the have well over a dozen major anti-envi- because there will always be people end of all hard rock mining on western ronmental riders added by the other who will push the kind of stuff that we Federal lands as some would have us body, if we take the administration’s are talking about in Brooklyn and will believe. count, and well over that number if we do other kinds of things in order to get In response to the gentleman from take other outside observers’ count. the attention of either the Congress or Nevada who just said that what we are b 1730 any other appropriating body that is doing by these instructions is retro- giving money to the arts in order to actively going back and shutting down In many instances the people who eliminate any sort of criteria whatso- mines, that statement is certainly not have been offering these amendments ever in the decision-making process as substantiated by the facts of what I am are authorizing committee chairs who to what should be publicly funded, be- about to present to the body. There are cannot get those amendments added to cause they do not want it, they do not 338 pending plans of operations affect- authorizing legislation and so are now want that kind of restriction. So they ing BLM, National Forest System and trying to use the appropriations bills are always going to be pushing the en- National Park System lands. Three as vehicles to accomplish their own velope and will always be here talking hundred thirty-eight pending plans of ends. about whether or not it is appropriate. operations. Twenty-seven were found So we see the spectacle of amend- My point is that I agree that I wish to include a ratio of mill sites to min- ments being added to satisfy the min- we were not here doing that because I ing claims in excess of the legal re- ing industry, amendments being added wish we were not appropriating money quirement. Twenty-seven of those 338 to satisfy the logging industry, amend- for the arts, period. It is not the re- would be affected by these instruc- ments are offered to satisfy the grazing sponsibility of the Government to de- tions. That is only about 8 percent. interests, and we see amendments termine what is and what is not art. Pending patent applications that being offered to satisfy the oil indus- We can certainly, and there was a ro- could be affected, here the Department try. bust debate about what exactly is and found that of the 304 grandfathered The problem is that in each instance is not art in Brooklyn, and I wish we patent applications, only 20, that is those amendments are against the pub- were not here doing it; but as long as about 7 percent, are estimated to have lic interests. They may be perfect, a we are going to tax Americans for this excess mill sites. It is clear, then, that perfect fit with private interests, but purpose, as long as we are going to the vast majority of the hard rock min- they are certainly the antithesis of take money out of their pockets and ing industry in this respect has chosen what we would do if what we were distribute it to individuals, then we are to abide by the legal requirements of doing is focusing on the public inter- going to be here determining what is the law. The vast majority of the hard ests; and to me what the gentleman is what, what is and what is not art, what rock mining industry abides by the simply suggesting is that enough is should be and what should not be fund- legal requirements of the law. So I find enough, we ought to instruct the con- ed. And that is why I certainly rise in it difficult to believe that the Congress ferees to eliminate these nonappropria- opposition to any increase whatsoever would now penalize this majority of tion provisions. It seems to me, if we in appropriations to the NEA, and I law-abiding operations and award the do that, we will be protecting the tax- certainly would rise, if I had the oppor- contrary minority as they relate to the payers’ interests as well as the public tunity, to strike all funding for it for mill site to mining claim ratio by re- interest; and once in a while just for this very reason. It always creates this jecting the Solicitor’s opinion. the heck of it that is what we ought to kind of confrontation, and it should So let us go along with these instruc- be seen as doing. not. We should not be funding it. tions, with the vote we had last July Mr. REGULA. Mr. Speaker, I yield 3 Mr. DICKS. Mr. Speaker, I yield 3 14, an ‘‘aye’’ vote to instruct the con- minutes to the gentleman from Colo- minutes to the distinguished gen- ferees to uphold the House position as rado (Mr. TANCREDO). tleman from Washington (Mr. INSLEE) well as the majority law-abiding por- Mr. TANCREDO. Mr. Speaker, I rise who has been a leading defender and tions of the hard rock mining industry. today in opposition to the motion to protector of the environment in Wash- Mr. DICKS. Mr. Speaker, I yield 4 instruct, specifically on the issues re- ington State and throughout the coun- minutes to the gentleman from Wis- garding the NEA and the NEH. I will try. consin (Mr. OBEY), the distinguished not deal with the issue of mining and Mr. INSLEE. Mr. Speaker, I will ranking member of the Committee on the policy issues, but the increase in speak in strong support of this motion, Appropriations. funding for NEA and NEH. I rise be- and I think this motion supports two Mr. OBEY. I thank the gentleman for cause we just debated an issue similar values that we ought to hold, and the yielding me this time. to this, of course, just a few minutes first is the value of respect, respect for Mr. Speaker, we have many times in ago, about a half hour ago I suppose. the law, and the second value is respect this Congress seen committee chairs of And I rose on that occasion to sup- for this House and our interests in pro- authorizing committees complain port an amendment that would clearly tecting the public interests, not the about the fact that the Committee on identify the sense of the Congress special interests; but first, respect for Appropriations has added amendment about the expenditure of tax money on the law. H9280 CONGRESSIONAL RECORD — HOUSE October 4, 1999 We have got to understand that all would all the enlightened Members of the time and his leadership on the com- this motion does is simply say that we this body. Sometimes the Senate gets mittee, and in these efforts I request are going to respect, we are going to away with things, and we just have to that we do vote yes on the Dicks mo- follow, we are going to honor the pre- try to set them straight. tion to instruct the Interior conferees. existing and existent law of the United So I support this because not only I would just like to take a moment to States of America today. And I would would I like to see a little extra money underline the importance of the arts like to refer my colleagues to 30 U.S.C., for the National Endowment for the and the humanities. There are a lot of Section 42, in the language specifically Arts and Humanities, but certainly we parts of America and rural America previously adopted by Congress, not by ought not allow mining operators to and rural Maine that cannot afford some bureaucrat, not by some middle- claim at taxpayer expense as much some of the luxuries in major urban level agency official. By the United acreage as the operators deem nec- areas and throughout this country, and States Congress the law specifically essary for these waste piles that pose to have an organization like the Na- says that such patents and mining significant environmental problems. So tional Endowment for the Arts and Hu- claims on nonadjacent land shall not the gentleman from West Virginia (Mr. manities to be able to provide re- exceed 5 acres, shall not exceed 5 acres. RAHALL) won that issue on a 273 to 151 sources to rural communities so that It is the law today, and we are not vote; we certainly ought to stand firm he can have an advantage of the arts amending the law, we are preventing on it. programs. an amendment of law in the appropria- But perhaps the most important Arts education is shown to increase tions process. thing that we could do in conference the SAT scores of young people by 50 to Now it is beyond my imagination would be to prevent the Senate from 60 points, and what people are finding when the U.S. Congress says, If you’re adding any number, a host of anti-envi- out, that the arts are not just a side going to have a place to put your cya- ronmental riders that they slipped in. dish or an appetizer; but they are part nide-laced rock on the public’s land, They slipped them in without public of the main course and the main course you can only do it, but it won’t exceed review, overriding existing environ- of people throughout this country. I would like to further underscore 5 acres, how folks can turn around and mental protections, limited tribal sov- the importance of this instruction of say, Well, sure, you can only do it 5 ereignty, and imposed unjustified conferees as it pertains to mining acres, but you can do it as many times micro-management restrictions on waste and on Federal lands and also in as you want on 5 acres. agency activities. That does not wash. We should have To think that this bill permanently rejection of these anti-environmental extends expiring grazing permits na- respect for the law and pass this riders that have been put forth. tionwide on Bureau of Land Manage- We must approve this, must approve amendment. this now. But secondly, I think there is maybe ment lands without the environmental Mr. DICKS. Mr. Speaker, I yield 1 a more important issue here, and that review required by current law, it minute to the distinguished gentle- is respect for this House and this delays the forest plans until final plan- ning regulation of the public, thus pre- woman from New York (Mrs. Houses’s obligation to protect the gen- venting new science and sustainable MALONEY). eral public interest. forest practices from being incor- Mrs. MALONEY of New York. Mr. As my colleagues know, it has been a Speaker, I rise in strong support of this sad fact that this other chamber, which porated into expiring forest plans. It has a limitation on tribal self-de- motion, and I applaud the gentleman we dearly respect, has sent us over termination; there is a permanent pro- from Washington (Mr. DICKS) for offer- anti-environmental riders after anti- hibition on grizzly bear reintroduction ing it and for his successful efforts here environmental riders, and those riders on Federal lands in Idaho and Montana in the House and then keeping the protect the special interests, not the that overturns a recent Federal Circuit anti-environmental riders out of the general public interest; and if we ask Court of Appeals decision requiring House version of this bill. why there has been such an interest in Federal land management agencies to I would like to speak about one spe- some of our States in independent poli- conduct wildlife surveys before amend- cific rider that would prohibit the past tics and reform-minded politics, it is ing land management plans; there is a in the Senate, that would prohibit the because the other chamber has sent us limitation on the receipt of fair mar- Department of Interior from imple- sometimes fleas on the backs of some ket value for oil from Federal lands; it menting new rules to require oil com- of these laws, and we have got to de- delays for the fourth time the publica- panies to pay market price royalties to louse some of these appropriation bills. tion of final rules to establish fair mar- the American taxpayer on oil they drill We ought to start right here with this ket value. on publicly owned Federal lands. Now motion. Mr. Speaker, that alone costs the they keep two sets of books, one that We should stand up for our vote and taxpayers $68 million, and the Senate they pay each other market price, but the 273 Members that stood up for the just slips it in. There is a limitation on when it comes to paying the Nation’s general interest and pass this motion. energy efficiency regulations in the school teachers, Indian tribes, Land Mr. DICKS. Mr. Speaker, I yield my- Federal Government. These have been and Water Conservation Fund, they self 15 seconds. praised by everyone, and yet this Sen- want to pay less. Interior says this I want to compliment the gentleman ate provision stops us from imple- costs the American public $66 million a from Washington (Mr. INSLEE) for fol- menting that Federal energy efficiency year, and I say let us let the money lowing the Udall rule, that when all regulation. There is delays for the Co- that is rightfully due America’s school- else fails, read the statute. The gen- lumbia Basin ecosystem plan, the Co- children and the public school system, tleman clearly has done that, and the lumbia River Gorge plan, mineral de- let us let them pay the market price statute is pretty clear; and I urge the velopment in the Mark Twain National and not hurt the schoolchildren and other side to take a look at it at their Forest that overrides Federal land pay themselves more. It is unfair; it is leisure. managers’ ability to act responsibly wrong. Mr. Speaker, I yield 3 minutes to the there. Vote against the oil companies and gentleman from Virginia (Mr. MORAN), There is a host of environmental rid- for schoolchildren. a member of our subcommittee, a val- ers. They are all anti-environmental b ued member of our subcommittee. riders. None of them should have been 1745 Mr. MORAN of Virginia. I thank the slipped in. We would not have allowed Mr. DICKEY. Mr. Speaker, I yield 21⁄2 gentleman from Washington, our very them on the House floor; we should not minutes to the gentleman from Cali- valued ranking member on our sub- allow them in the conference. fornia (Mr. GEORGE MILLER), who has committee, and I want to thank the Mr. DICKS. Mr. Speaker, I yield 2 been one of the leaders on environ- chairman of our Subcommittee on In- minutes to the gentleman from Maine mental issues in the House and a terior for his very fine work; and I am (Mr. BALDACCI), a very valued Member former chairman of the Committee on just up here to support this instruction of this House. Resources. because I know it is wholly consistent Mr. BALDACCI. Mr. Speaker, I thank Mr. GEORGE MILLER of California. with what our chairman would want, as the ranking member for yielding me Mr. Speaker, I thank the gentleman for October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9281 yielding me this time and appreciate MODIFICATION TO MOTION OFFERED BY MR. bill and though it falls short of the administra- his bringing this motion to the floor. DICKS tion's request it takes care of the national Mr. Speaker, we should clearly adopt Mr. DICKS. Mr. Speaker, I ask unani- parks, Native Americans, cultural institutions, the House position as reflected in the mous consent that the first section and museums. This bill is truly about pre- July vote earlier this year on the Ra- number in my motion read ‘‘section serving the legacy of this great land for Amer- hall-Shays-Inslee amendment to the 335’’, not ‘‘section 336.’’ ica's children. bill. House Members voted 273 to 151 in The SPEAKER pro tempore (Mr. However, I want to voice my disappointment support of the amendment. PEASE). Is there objection to the re- in the Appropriations Committee's funding rec- quest of the gentleman from Wash- Mr. Speaker, those opposed would ommendation for the National Endowment for ington? suggest somehow the solicitor in the the Arts (NEA) and the National Endowment There was no objection. Department of Interior simply woke up for Humanities (NEH). I do appreciate the fact Mr. DICKS. Mr. Speaker, I yield my- one day and tried to redefine an 1872 that the Committee tagged $98,000,000 for self such time as I may consume. mining law to limit the number of the National Endowment for the Arts. How- Mr. Speaker, I want to thank the ever, I still find the recommendation insuffi- acres that mining operations can claim Members who spoke today. I think this as waste disposal. Nothing can be fur- cient. The Administration requested was a spirited debate. I know the chair- $150,000,000, a full $52,000,000 more than ther from the truth. man and I both want to see us get a bill The fact of the matter is that the law the Appropriations' recommendation. This in a timely way that the President of number is unsatisfactory given the importance and the record on the law is replete the United States can sign. That means with example after example, dealing of the arts. The NEA remains the single larg- we are going to deal with these riders. est source of funding for the nonprofit arts in from 1872 to 1891 to 1903 to 1940 to 1955 Mr. Speaker, I understand how to 1960 to 1970 to 1974, time and again, the United States, and this agency provides strongly people feel about these issues. quality programs for families and children. In- time and again, in the writings of both I have had problems with these in my people from the mining industry, from sufficient funding to the NEA results in collat- own State. But I do believe that unless eral damage to praiseworthy arts, as well as the government, and from interested we narrow these dramatically, we are parties, time and again the law is very to theaters such as the Alley Theater in Hous- going to have a hard time getting this ton, Texas. clear on its face that the solicitor in bill enacted. The Committee also underfunds the Na- his 1977 analysis is quite correct on I also rise in strong support of the tional Endowment for the Humanities at mill-site provisions; and, in fact, that National Endowment of the Arts and $110,700,000. At $39,300,000 below the Ad- they were not to be allowed to be given Humanities. I believe that they deserve ministration's request, the agency cannot con- additional land. this extra support. By the way, this tinue to support education, research, docu- The reason they should not is that is very controversial project in Brooklyn ment and artifact preservation, and public we should not sponsor without very has not received any funding from the service to the humanities. careful consideration the expansion of National Endowment for the Arts. The mill waste. This country is spending museum has received support on other We spent much of this afternoon discussing hundreds of millions of dollars, and is projects, but one of the things that the federal funding for art. This debate was a yet to spend additional hundreds of chairman, and I supported him on this, waste of our time and a waste of our tax- millions of dollars, cleaning up after insisted on was a very specific descrip- payers time. We have a long tradition of sup- the waste product of mines that have tion of what the money from the en- port for the arts, beginning in 1817. The very been developed across the country. dowment is going to be used for. The art that adorns the U.S. Capitol came from federal funding. The private sector simply can- No longer is this some miner and his money is not being used for this con- not provide adequate funding for our arts en- pick and shovel and his mule going out troversial project in New York. That deavor if enough federal funding is not estab- across the country. These are some of shows that the reforms that we have lished. Underfunding the arts would result in the biggest earth movers on the face of put into place, in fact, are working. the loss of programs that have national pur- the earth that move hundreds and hun- Mr. UDALL of Colorado. Mr. Speaker, I rise poses such as touring theater and dance com- dreds of tons of earth to get a single in support of this motion to instruct conferees, panies, travelling museum exhibitions, and ounce, a single ounce, of gold. The min- and ask unanimous consent to revise and ex- radio and television productions. ing that is done with the cyanide heap tend my remarks. leaching must be carefully controlled, By adopting this motion, the House will be The NEA, in particular, also seeks to pro- and those leach piles are there for the giving its conferees a simple instructionÐto do vide a new program, Challenge America, that foreseeable future. Before we make a the right thing. establishes arts education, youth-at-risk pro- decision that they can simply spread It is the right thing to reject the attempt of grams, and community arts partnerships. those across all of the claims, this law the other body to use the appropriations proc- Inner-city areas, especially minority groups ought to be upheld and we ought to ess to rewrite the mining laws in a piecemeal and their children, would greatly benefit from continue to support the Rahall-Shays- and unbalanced way, for the special benefit of this program, but the program is based upon Inslee amendment. certain interests. We do need to revise the the $150 million Administration request. Art is something that all can enjoy, and by providing Mr. Speaker, I thank the gentleman 1872 mining law. But we shouldn't do it in a backdoor way that addresses only one aspect adequate federal funding we can increase ac- for bringing this proposal to the House cess to the arts for those who desire it the and ask for strong support of it. of the law and not the larger issues, including the basic question of whether the American most. Mr. REGULA. Mr. Speaker, I yield I will note that the committee justly myself such time as I may consume. people are receiving an adequate return for the development of minerals from our public prioritized the needs of America's national Mr. Speaker, I just have one com- lands. parks, Native Americans, cultural institutions, ment: The ranking minority member It is also the right thing to adequately sup- and museums in this appropriations bill. I am talked about the Congressional re- port the arts and humanities that are so impor- pleased that this bill remains free of the envi- forms, and I want to compliment Mr. tant to the cultural life of our nation. ronmental riders, which has plagued this proc- Ivy and Mr. Ferris. I think they have And it definitely is the right thing to reject at- ess in the past. tried to live up to these standards in tempts to use the appropriations process to This bill continues the Recreational Fee the administration of their two agen- undermine the protection of our environment. Demonstration Program allowing public lands cies. So, I urge the adoption of this motion to in- to keep 100% of the fees. This will result in I would say to the gentleman from struct the conferees. over $400 million of added revenue over the Maine (Mr. BALDACCI), you mentioned Ms. JACKSON-LEE of Texas. Mr. Chair- life of the demo program spent at collections about the areas of lesser population, man, I rise to speak on the motion to instruct sites. This revenue will address maintenance and we did recognize that in these conferees for the Interior Appropriations Bill. backlogs at several of America's historical lo- standards, to get grants into the small- Earlier this summer, I offered my general sup- cations. er communities across this country. port of H.R. 2466. H.R. 2466 appropriates a One of America's greatest treasures is it Mr. Speaker, I yield back the balance total of $14.1 billion in FY 2000 for Interior Ap- cultural gifts provided to our nation by the di- of my time. propriations. It is an overall fair and balanced verse American melting pot. This bill begins H9282 CONGRESSIONAL RECORD — HOUSE October 4, 1999 continues our efforts at preservation and edu- RECESS Brown (OH) Green (TX) McHugh Bryant Green (WI) McInnis cation by providing $26 million to the Smithso- The SPEAKER pro tempore. Pursu- Burr Greenwood McIntosh nian and $3.5 million to our National Gallery. ant to clause 12 of rule I, the Chair de- Burton Gutierrez McIntyre In addition Mr. Chairman this bill address Buyer Gutknecht McKeon clares the House in recess until ap- Callahan Hall (OH) McNulty America's commitment to the Native American proximately 6 p.m. today. Calvert Hall (TX) Meehan population. American Indian program in- Accordingly (at 5 o’clock and 50 min- Camp Hansen Meek (FL) creases include an additional $28.7 million for utes p.m.), the House stood in recess Campbell Hastings (FL) Menendez the Office of Special Trustee to begin to fix the Canady Hastings (WA) Metcalf until approximately 6 p.m.) Cannon Hayes Mica long-standing problems with the management f Capps Hayworth Millender- of Indian trust funds. It also provides an addi- Capuano Hefley McDonald tional $13 million for operation of Indian b Cardin Herger Miller (FL) 1800 Carson Hill (IN) Miller, Gary schools and Tribal Community Colleges. Castle Hill (MT) Miller, George Mr. Chairman, I would like to address my AFTER RECESS Chabot Hilleary Minge colleagues concerning the Department of En- The recess having expired, the House Chambliss Hilliard Mink ergy's Oil/Gas R&D Program. This program Clay Hinchey Moakley was called to order by the Speaker pro Clayton Hinojosa Mollohan oversees some 600 active research and de- tempore (Mr. PEASE) at 6 p.m. Clement Hobson Moore velopment projects. Many of these projects Clyburn Hoeffel Moran (KS) f are high risk and long range in scope and Coble Hoekstra Moran (VA) Coburn Holden Morella many are beyond the capabilities of the pri- ANNOUNCEMENT BY THE SPEAKER Collins Holt Murtha vate sector. Without the government's commit- PRO TEMPORE Combest Hooley Myrick ment to sharing the risk it would be impossible Condit Horn Nadler for private companies to invest. The SPEAKER pro tempore. Pursu- Conyers Hostettler Napolitano ant to clause 8 of rule XX, the Chair Cook Houghton Nethercutt This program is the catalyst for the govern- will now put the question on each mo- Cooksey Hoyer Ney ment's partnership with private industry. An in- Costello Hulshof Northup tion to suspend the rules and motion to vestment in Fossil Energy R&D is truly an in- Cox Hunter Norwood instruct conferees on which further Coyne Hutchinson Nussle vestment in America's future. This program proceedings were postponed earlier Cramer Hyde Oberstar has become the convenient whipping post today in the order in which that mo- Crane Inslee Obey when it is clear that this program is necessary Crowley Isakson Olver tion was entertained. to protect America's energy security. Cubin Istook Ortiz Votes will be taken in the following Cummings Jackson (IL) Ose I am also disappointed with the funding of order: Cunningham Jackson-Lee Owens the arts and humanities. I do appreciate the Danner (TX) Oxley House Resolution 181, by the yeas and fact that the Committee tagged $98,000,000 Davis (FL) Jefferson Packard nays; Davis (IL) Jenkins Pallone for the National Endowment for the arts. Obvi- H.R. 1451, by the yeas and nays; Davis (VA) John Pascrell ously, this amount of funding is a vast im- Deal Johnson (CT) Pastor Motion to instruct conferees on H.R. provement over the $0 recommended prior to DeFazio Johnson, E. B. Paul 2684, by the yeas and nays; and Committee recommendation. However, I still DeGette Johnson, Sam Payne Motion to instruct conferees on H.R. Delahunt Jones (NC) Pease find the recommendation insufficient. The Ad- 2466, by the yeas and nays. DeLauro Jones (OH) Pelosi ministration requested $136,000,000, a full DeLay Kanjorski Peterson (MN) The Chair will reduce to 5 minutes $38,000,000 more than the Appropriations rec- DeMint Kaptur Peterson (PA) the time for any electronic vote after Deutsch Kasich Petri ommendation. This number is unsatisfactory the first such vote in this series. Diaz-Balart Kelly Phelps given the important of the arts. The NEA re- Dickey Kildee Pickering mains the single largest source of funding for f Dicks Kilpatrick Pickett the nonprofit arts in the United States, and this Dingell Kind (WI) Pitts CONDEMNING KIDNAPPING AND Dixon King (NY) Pombo agency provides quality programs for families MURDER BY THE REVOLU- Doggett Kingston Pomeroy and children. Insufficient funding to the NEA Dooley Kleczka Porter TIONARY ARMED FORCES OF CO- results in collateral damage to praiseworthy Doolittle Klink Portman LOMBIA (FARC) OF THREE Dreier Knollenberg Price (NC) arts, as well as to theaters such as the Alley UNITED STATES CITIZENS Duncan Kolbe Pryce (OH) Theater in Houston, Texas. Dunn Kucinich Quinn The Committee also underfunds the Na- The SPEAKER pro tempore. The Edwards Kuykendall Radanovich pending business is the question of sus- Ehlers LaFalce Rahall tional Endowment for Humanities at Ehrlich LaHood Ramstad $96,800,000. At $25,200,000 below the Ad- pending the rules and agreeing to the Emerson Lampson Rangel ministration's request, the agency cannot con- resolution, House Resolution 181. Engel Lantos Regula tinue to support education, research, docu- The Clerk read the title of the resolu- English Largent Reyes Eshoo Larson Reynolds ment and artifact preservation, and public tion. Evans Latham Riley service to the humanities. The SPEAKER pro tempore. The Everett LaTourette Rivers I encourage my colleague to support H.R. question is on the motion offered by Ewing Lazio Rodriguez the gentleman from Nebraska (Mr. BE- Fattah Leach Roemer 2466 a balanced appropriations bill for Amer- Filner Lee Rogan ica's treasure. REUTER) that the House suspend the Fletcher Levin Rogers Mr. Speaker, I yield back the balance rules and agree to the resolution, Foley Lewis (CA) Rohrabacher House Resolution 181, on which the Forbes Lewis (GA) Ros-Lehtinen of my time. Ford Lewis (KY) Rothman The SPEAKER pro tempore. Without yeas and nays are ordered. Fossella Linder Roukema objection, the previous question is or- The vote was taken by electronic de- Frank (MA) Lipinski Roybal-Allard dered on the motion to instruct. vice, and there were—yeas 413, nays 0, Franks (NJ) LoBiondo Royce not voting 20, as follows: Frelinghuysen Lofgren Rush There was no objection. Frost Lowey Ryan (WI) The SPEAKER pro tempore. The [Roll No. 470] Gallegly Lucas (KY) Ryun (KS) question is on the motion to instruct YEAS—413 Ganske Lucas (OK) Sabo Gejdenson Luther Salmon offered by the gentleman from Wash- Abercrombie Barr Bishop Gekas Maloney (CT) Sanchez ington (Mr. DICKS). Ackerman Barrett (NE) Blagojevich Gephardt Maloney (NY) Sanders The question was taken. Aderholt Barrett (WI) Blunt Gibbons Manzullo Sandlin Allen Bartlett Boehlert Gilchrest Markey Sanford Mr. REGULA. Mr. Speaker, on that I Andrews Barton Boehner Gillmor Martinez Sawyer demand the yeas and nays. Archer Bass Bonilla Gilman Mascara Saxton The yeas and nays were ordered. Armey Bateman Bonior Gonzalez Matsui Schaffer Bachus Becerra Bono Goode McCarthy (MO) Schakowsky The SPEAKER pro tempore. Pursu- Baird Bentsen Borski Goodling McCarthy (NY) Scott ant to clause 8 of rule XX and the Baker Bereuter Boswell Gordon McCollum Sensenbrenner Chair’s prior announcement, further Baldacci Berry Boucher Goss McCrery Serrano Baldwin Biggert Boyd proceedings on this motion will be Graham McDermott Sessions Ballenger Bilbray Brady (PA) Granger McGovern Shadegg postponed. Barcia Bilirakis Brady (TX) October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9283 Shaw Stupak Walden [Roll No. 471] Peterson (PA) Schakowsky Thompson (CA) Shays Sununu Walsh Petri Scott Thompson (MS) Sherman Sweeney Wamp YEAS—411 Phelps Sensenbrenner Thornberry Sherwood Tancredo Waters Pickering Serrano Thune Abercrombie Dixon Kelly Shimkus Tanner Watkins Pickett Sessions Thurman Ackerman Doggett Kildee Shows Tauscher Watt (NC) Pitts Shadegg Tiahrt Aderholt Dooley Kilpatrick Shuster Taylor (MS) Watts (OK) Pombo Shaw Tierney Allen Doolittle Kind (WI) Simpson Terry Waxman Pomeroy Shays Toomey Andrews Dreier King (NY) Sisisky Thomas Weiner Porter Sherman Traficant Skeen Thompson (CA) Weldon (FL) Archer Duncan Kingston Portman Sherwood Turner Skelton Thompson (MS) Weldon (PA) Armey Dunn Kleczka Price (NC) Shimkus Udall (CO) Slaughter Thornberry Weller Bachus Edwards Klink Pryce (OH) Shows Udall (NM) Smith (MI) Thune Wexler Baird Ehlers Knollenberg Quinn Shuster Upton Smith (NJ) Thurman Weygand Baker Ehrlich Kolbe Radanovich Simpson Velazquez Smith (TX) Tiahrt Whitfield Baldacci Emerson Kucinich Rahall Sisisky Vento Smith (WA) Tierney Wicker Baldwin Engel Kuykendall Ramstad Skeen Visclosky Snyder Toomey Wilson Ballenger English LaFalce Rangel Skelton Vitter Souder Traficant Wise Barcia Eshoo LaHood Regula Slaughter Walden Spence Turner Wolf Barr Evans Lampson Reyes Smith (MI) Walsh Spratt Udall (CO) Woolsey Barrett (NE) Everett Lantos Reynolds Smith (NJ) Wamp Stabenow Udall (NM) Wu Barrett (WI) Ewing Largent Riley Smith (TX) Waters Stark Upton Wynn Bartlett Fattah Larson Rivers Smith (WA) Watkins Stearns Velazquez Young (AK) Barton Filner Latham Rodriguez Snyder Watt (NC) Stenholm Vento Young (FL) Bass Fletcher LaTourette Roemer Souder Watts (OK) Strickland Visclosky Bateman Foley Lazio Rogan Spence Waxman Stump Vitter Becerra Forbes Leach Rogers Spratt Weiner Bentsen Ford Lee Rohrabacher Stabenow Weldon (FL) NOT VOTING—20 Bereuter Fossella Levin Ros-Lehtinen Stark Weldon (PA) Berry Frank (MA) Lewis (CA) Berkley Etheridge Neal Rothman Stearns Weller Biggert Franks (NJ) Lewis (GA) Berman Farr Scarborough Roukema Stenholm Wexler Bilbray Frelinghuysen Lewis (KY) Bliley Fowler Talent Roybal-Allard Strickland Weygand Bilirakis Frost Linder Blumenauer Goodlatte Tauzin Royce Stump Whitfield Bishop Gallegly Lipinski Brown (FL) Kennedy Taylor (NC) Rush Stupak Wicker Blagojevich Ganske LoBiondo Chenoweth-Hage McKinney Towns Ryan (WI) Sununu Wilson Blunt Gejdenson Lofgren Doyle Meeks (NY) Ryun (KS) Sweeney Wise Boehlert Gekas Lowey Sabo Tancredo Wolf Boehner Gephardt Lucas (KY) Salmon Tanner Woolsey b 1823 Bonilla Gibbons Lucas (OK) Sanders Tauscher Wu Bonior Gilchrest Luther Sandlin Tauzin Wynn So (two-thirds having voted in favor Bono Gillmor Maloney (CT) Sawyer Taylor (MS) Young (AK) thereof) the rules were suspended and Borski Gilman Maloney (NY) Saxton Terry Young (FL) Boswell Gonzalez Manzullo Schaffer Thomas the resolution was agreed to. Boucher Goode Markey The result of the vote was announced Boyd Goodlatte Martinez NAYS—2 as above recorded. Brady (PA) Goodling Mascara Paul Sanford Brady (TX) Gordon Matsui A motion to reconsider was laid on Brown (OH) Goss McCarthy (MO) NOT VOTING—20 the table. Bryant Graham McCarthy (NY) Berkley Doyle Neal Burr Granger McCollum Stated for: Berman Etheridge Sanchez Burton Green (TX) McCrery Bliley Farr Scarborough Mrs. FOWLER. Mr. Speaker, on rollcall No. Buyer Green (WI) McDermott Blumenauer Fowler Talent 470, I missed the vote due to medical rea- Callahan Greenwood McGovern Brown (FL) Kennedy Taylor (NC) Camp Gutierrez McHugh sons. Had I been present, I would have voted Calvert McKinney Towns Campbell Gutknecht McInnis ``yes.'' Chenoweth-Hage Meeks (NY) Canady Hall (OH) McIntosh Cannon Hall (TX) McIntyre b f Capps Hansen McKeon 1832 Capuano Hastings (FL) McNulty So (two-thirds having voted in favor Cardin Hastings (WA) Meehan ANNOUNCEMENT BY THE SPEAKER Carson Hayes Meek (FL) thereof) the rules were suspended and PRO TEMPORE Castle Hayworth Menendez the bill, as amended, was passed. Chabot Hefley Metcalf The result of the vote was announced The SPEAKER pro tempore (Mr. Chambliss Herger Mica as above recorded. PEASE). Pursuant to clause 8 of rule Clay Hill (IN) Millender- Clayton Hill (MT) McDonald A motion to reconsider was laid on XX, the Chair announces that it will Clement Hilleary Miller (FL) the table. reduce to a minimum of 5 minutes the Clyburn Hilliard Miller, Gary Stated for: period of time within which a vote by Coble Hinchey Miller, George Mrs. FOWLER. Mr. Speaker, on rollcall No. electronic device may be taken on each Coburn Hinojosa Minge Collins Hobson Mink 471, I missed the vote due to medical rea- additional motion on which the Chair Combest Hoeffel Moakley sons. Had I been present, I would have voted has postponed further proceedings. Condit Hoekstra Mollohan ``yes.'' Conyers Holden Moore Cook Holt Moran (KS) f f Cooksey Hooley Moran (VA) Costello Horn Morella PERSONAL EXPLANATION Cox Hostettler Murtha ABRAHAM LINCOLN BICENTENNIAL Coyne Houghton Myrick Mr. KENNEDY of Rhode Island. Mr. Speak- COMMISSION ACT Cramer Hoyer Nadler er, on rollcalls No. 470 and 471, I was un- Crane Hulshof Napolitano avoidably detained. Had I been present, I The SPEAKER pro tempore. The Crowley Hunter Nethercutt pending business is the question of sus- Cubin Hutchinson Ney would have voted ``yea.'' pending the rules and passing the bill, Cummings Hyde Northup f H.R. 1451, as amended. Cunningham Inslee Norwood Danner Isakson Nussle APPOINTMENT OF CONFEREES ON The Clerk read the title of the bill. Davis (FL) Istook Oberstar The SPEAKER pro tempore. The Davis (IL) Jackson (IL) Obey H.R. 2684, DEPARTMENTS OF VET- question is on the motion offered by Davis (VA) Jackson-Lee Olver ERANS AFFAIRS AND HOUSING Deal (TX) Ortiz AND URBAN DEVELOPMENT, AND the gentlewoman from Illinois (Mrs. DeFazio Jefferson Ose BIGGERT) that the House suspend the DeGette Jenkins Owens INDEPENDENT AGENCIES APPRO- rules and pass the bill, H.R. 1451, as Delahunt John Oxley PRIATIONS ACT, 2000 amended, on which the yeas and nays DeLauro Johnson (CT) Packard DeLay Johnson, E. B. Pallone MOTION TO INSTRUCT CONFEREES OFFERED BY are ordered. DeMint Johnson, Sam Pascrell MR. MOLLOHAN This will be a 5-minute vote. Deutsch Jones (NC) Pastor The SPEAKER pro tempore (Mr. The vote was taken by electronic de- Diaz-Balart Jones (OH) Payne PEASE). The pending business is the Dickey Kanjorski Pease vice, and there were—yeas 411, nays 2, Dicks Kaptur Pelosi question of agreeing to the motion to not voting 20, as follows: Dingell Kasich Peterson (MN) instruct on the bill (H.R. 2684) making H9284 CONGRESSIONAL RECORD — HOUSE October 4, 1999 appropriations for the Departments of Peterson (PA) Schakowsky Thurman Mrs. MEEK of Florida, and Messrs. Phelps Scott Tierney Veterans Affairs and Housing and Pickering Sensenbrenner Traficant PRICE of North Carolina, CRAMER and Urban Development, and for sundry Pickett Serrano Udall (CO) OBEY. independent agencies, boards, commis- Pomeroy Shaw Udall (NM) There was no objection. sions, corporations, and offices for the Porter Sherman Vela´ zquez Portman Shows Vento f fiscal year ending September 30, 2000, Price (NC) Sisisky Visclosky and for other purposes, offered by the Quinn Skeen Walsh APPOINTMENT OF CONFEREES ON gentleman from West Virginia (Mr. Rahall Skelton Wamp H.R. 2466, DEPARTMENT OF THE Rangel Slaughter Waters INTERIOR AND RELATED AGEN- MOLLOHAN), on which the yeas and Regula Smith (MI) Watkins nays were ordered. Reyes Smith (NJ) Watt (NC) CIES APPROPRIATIONS ACT, 2000 Reynolds Smith (TX) Watts (OK) The Clerk read the title of the bill. MOTION TO INSTRUCT OFFERED BY MR. DICKS The SPEAKER pro tempore. The Riley Smith (WA) Waxman Rivers Snyder Weiner The SPEAKER pro tempore. The question is on the motion to instruct Rodriguez Spence Weldon (FL) pending business is the question of offered by the gentleman from West Rogan Spratt Weldon (PA) agreeing to the motion to instruct on Virginia (Mr. MOLLOHAN). Rogers Stabenow Weller Ros-Lehtinen Stark Wexler the bill (H.R. 2466) making appropria- This will be a 5-minute vote. Rothman Stenholm Weygand tions for the Department of the Inte- The vote was taken by electronic de- Roukema Strickland Whitfield rior and related agencies for the fiscal vice, and there were—yeas 306, nays Roybal-Allard Stump Wicker year ending September 30, 2000, and for 113, not voting 14, as follows: Rush Stupak Wilson Sabo Talent Wise other purposes, offered by the gen- [Roll No. 472] Salmon Tanner Wolf tleman from Washington (Mr. DICKS), YEAS—306 Sanchez Tauscher Woolsey on which the yeas and nays were or- Sanders Taylor (MS) Wu Abercrombie Edwards Kind (WI) Sandlin Thomas Wynn dered. Ackerman Ehlers Kleczka Sawyer Thompson (CA) Young (AK) The Clerk read the title of the bill. Aderholt Emerson Klink Saxton Thompson (MS) Allen Engel Knollenberg The SPEAKER pro tempore. The Andrews English Kolbe NAYS—113 question is on the motion to instruct Bachus Eshoo Kucinich Archer Green (WI) Peterson (MN) offered by the gentleman from Wash- Baird Evans Kuykendall Armey Gutknecht Petri ington (Mr. DICKS). Baker Everett LaFalce Barr Hayes Pitts This will be a 5-minute vote. Baldacci Ewing Lampson Barrett (NE) Hefley Pombo Baldwin Fattah Lantos Barton Hill (IN) Pryce (OH) The vote was taken by electronic de- Ballenger Filner Larson Bilirakis Hill (MT) Radanovich vice, and there were—yeas 218, nays Barcia Fletcher LaTourette Boehner Hilleary Ramstad 199, not voting 16, as follows: Barrett (WI) Foley Lazio Bonilla Hoekstra Roemer Bartlett Forbes Leach Bryant Hostettler Rohrabacher [Roll No. 473] Bass Ford Lee Burr Hulshof Royce YEAS—218 Bateman Fowler Levin Burton Hunter Ryan (WI) Abercrombie Evans Lazio Becerra Frank (MA) Lewis (CA) Buyer Hutchinson Ryun (KS) Ackerman Fattah Leach Bentsen Franks (NJ) Lewis (GA) Camp Hyde Sanford Allen Filner Lee Bereuter Frelinghuysen Lewis (KY) Campbell Istook Schaffer Andrews Foley Levin Berkley Frost Lipinski Cannon Johnson, Sam Sessions Baird Forbes Lewis (GA) Berry Gallegly LoBiondo Castle Jones (NC) Shadegg Baldacci Ford Lipinski Biggert Ganske Lofgren Chabot Kasich Shays Baldwin Fowler LoBiondo Bilbray Gejdenson Lowey Chambliss King (NY) Sherwood Barcia Frank (MA) Lofgren Bishop Gekas Lucas (KY) Coble Kingston Shimkus Barrett (WI) Franks (NJ) Lowey Blagojevich Gephardt Lucas (OK) Coburn LaHood Shuster Bass Frelinghuysen Luther Blunt Gibbons Luther Collins Largent Simpson Becerra Frost Maloney (CT) Boehlert Gilchrest Maloney (CT) Combest Latham Souder Bentsen Gejdenson Maloney (NY) Bonior Gillmor Maloney (NY) Condit Linder Stearns Berkley Gephardt Markey Bono Gilman Markey Cox Manzullo Sununu Biggert Gilman Martinez Borski Gonzalez Martinez Crane McInnis Sweeney Bilbray Gonzalez Mascara Boswell Gordon Mascara Cubin McIntosh Tancredo Bishop Gordon Matsui Boucher Goss Matsui Cunningham McKeon Tauzin Blagojevich Green (TX) McCarthy (MO) Boyd Graham McCarthy (MO) DeLay Metcalf Terry Boehlert Greenwood McCarthy (NY) Brady (PA) Granger McCarthy (NY) DeMint Mica Thornberry Bonior Gutierrez McDermott Brady (TX) Green (TX) McCollum Dickey Miller (FL) Thune Borski Hall (OH) McGovern Brown (OH) Greenwood McCrery Doolittle Moran (KS) Tiahrt Boswell Hastings (FL) McHugh Callahan Gutierrez McDermott Duncan Myrick Toomey Boucher Hill (IN) McIntyre Calvert Hall (OH) McGovern Dunn Nussle Turner Boyd Hilliard McNulty Canady Hall (TX) McHugh Ehrlich Ose Upton Brady (PA) Hinchey Meehan Capps Hansen McIntyre Fossella Oxley Vitter Brown (OH) Hinojosa Meek (FL) Capuano Hastings (FL) McNulty Goode Packard Walden Capps Hoeffel Menendez Cardin Hastings (WA) Meehan Goodlatte Paul Young (FL) Capuano Holden Millender- Carson Hayworth Meek (FL) Goodling Pease Clay Herger Menendez Cardin Holt McDonald Clayton Hilliard Millender- NOT VOTING—14 Carson Hooley Miller, George Clement Hinchey McDonald Castle Horn Minge Berman Doyle Neal Clyburn Hinojosa Miller, Gary Clay Houghton Mink Bliley Etheridge Scarborough Conyers Hobson Miller, George Clayton Hoyer Moakley Blumenauer Farr Taylor (NC) Cook Hoeffel Minge Clement Inslee Mollohan Brown (FL) McKinney Towns Cooksey Holden Mink Clyburn Jackson (IL) Moore Chenoweth-Hage Meeks (NY) Costello Holt Moakley Conyers Jackson-Lee Moran (VA) Coyne Hooley Mollohan b 1841 Costello (TX) Morella Cramer Horn Moore Coyne Jefferson Murtha Crowley Houghton Moran (VA) Messrs. KASICH, PACKARD, and Cramer Johnson (CT) Nadler Cummings Hoyer Morella BARTON of Texas changed their vote Crowley Johnson, E. B. Napolitano Danner Inslee Murtha Cummings Jones (OH) Oberstar Davis (FL) Isakson Nadler from ‘‘yea’’ to ‘‘nay.’’ Danner Kanjorski Obey Davis (IL) Jackson (IL) Napolitano So the motion was agreed to. Davis (FL) Kaptur Olver Davis (VA) Jackson-Lee Nethercutt The result of the vote was announced Davis (IL) Kelly Ortiz Deal (TX) Ney as above recorded. Davis (VA) Kennedy Owens DeFazio Jefferson Northup DeFazio Kildee Pallone DeGette Jenkins Norwood A motion to reconsider was laid on DeGette Kilpatrick Pascrell Delahunt John Oberstar the table. Delahunt Kind (WI) Pastor DeLauro Johnson (CT) Obey The SPEAKER pro tempore. Without DeLauro Kleczka Payne Deutsch Johnson, E. B. Olver Deutsch Klink Pelosi Diaz-Balart Jones (OH) Ortiz objection, the Chair appoints the fol- Dicks Kucinich Peterson (MN) Dicks Kanjorski Owens lowing conferees: Messrs. WALSH, Dixon Kuykendall Phelps Dingell Kaptur Pallone DELAY, HOBSON, KNOLLENBERG, Doggett LaFalce Pickett Dooley LaHood Pomeroy Dixon Kelly Pascrell FRELINGHUYSEN, WICKER, Mrs. Doggett Kennedy Pastor Edwards Lampson Porter Dooley Kildee Payne NORTHUP, Messrs. SUNUNU, YOUNG of Engel Lantos Price (NC) Dreier Kilpatrick Pelosi Florida, and MOLLOHAN, Ms. KAPTUR, Eshoo Larson Quinn October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9285 Rahall Shays Udall (NM) The result of the vote was announced uary 6, 1999, and under a previous order Ramstad Sherman Upton Rangel Sisisky Velazquez as above recorded. of the House, the following Members Reyes Slaughter Vento A motion to reconsider was laid on will be recognized for 5 minutes each. Rivers Smith (NJ) Visclosky the table. Rodriguez Smith (WA) Waters f f Roemer Snyder Watt (NC) Rothman Spratt Waxman RECESS The SPEAKER pro tempore. Under a Roukema Stabenow Weiner previous order of the House, the gen- Roybal-Allard Stark Wexler The SPEAKER pro tempore (Mr. tleman from Illinois (Mr. LIPINSKI) is Rush Strickland Weygand PEASE). Pursuant to clause 12 of rule I, Sabo Stupak Wise the Chair declares the House in recess recognized for 5 minutes. Sanchez Tauscher Wolf (Mr. LIPINSKI addressed the House. Sanders Thompson (CA) Woolsey subject to the call of the Chair. Sawyer Thompson (MS) Wu Accordingly (at 6 o’clock and 50 min- His remarks will appear hereafter in Schakowsky Thurman Wynn utes p.m.), the House stood in recess the Extensions of Remarks.) Scott Tierney subject to the call of the Chair. Serrano Udall (CO) f f NAYS—199 b 2015 Aderholt Goodling Portman LOCAL ACCESS TO SATELLITE Archer Goss Pryce (OH) AFTER RECESS Armey Graham Radanovich RECEPTION Bachus Granger Regula The recess having expired, the House The SPEAKER pro tempore. Under a Baker Green (WI) Reynolds was called to order by the Speaker pro Ballenger Gutknecht Riley previous order of the House, the gen- tempore (Mr. PEASE) at 8 o’clock and 15 Barr Hall (TX) Rogan tleman from Colorado (Mr. MCINNIS) is minutes p.m. Barrett (NE) Hansen Rogers recognized for 5 minutes. Bartlett Hastings (WA) Rohrabacher f Barton Hayes Ros-Lehtinen Mr. MCINNIS. Mr. Speaker, as my Bateman Hayworth Royce APPOINTMENT OF CONFEREES ON colleagues know, my district is a rural Bereuter Hefley Ryan (WI) H.R. 2466, DEPARTMENT OF THE Berry Herger Ryun (KS) district in the State of Colorado, the Bilirakis Hill (MT) Salmon INTERIOR AND RELATED AGEN- Third Congressional District of Colo- Blunt Hilleary Sandlin CIES APPROPRIATIONS ACT, 2000 rado. That congressional district actu- Boehner Hobson Sanford ally is geographically larger than the Bonilla Hoekstra Saxton The SPEAKER pro tempore. Without Bono Hostettler Schaffer objection, the Chair appoints the fol- State of Florida. Brady (TX) Hulshof Sensenbrenner lowing conferees: I can tell my colleagues, it is very Bryant Hunter Sessions Messrs. REGULA, KOLBE, SKEEN, TAY- important out there in the rural areas Burr Hutchinson Shadegg Burton Hyde Shaw LOR of North Carolina, NETHERCUTT, of Colorado, as it is through most of Buyer Isakson Sherwood WAMP, KINGSTON, PETERSON of Pennsyl- the rural areas in the United States, Callahan Istook Shimkus vania, YOUNG of Florida, DICKS, MUR- that we have TV reception. We have be- Calvert Jenkins Shows THA, MORAN of Virginia, CRAMER, HIN- Camp John Shuster come very dependent of late upon sat- Campbell Johnson, Sam Simpson CHEY, and Mr. OBEY. ellite reception. As many of my col- Canady Jones (NC) Skeen There was no objection. leagues know, for the last 11 or so Cannon Kasich Skelton f years, local access has been banned Chabot King (NY) Smith (MI) Chambliss Kingston Smith (TX) APPOINTMENT AS MEMBERS OF through satellite. Coble Knollenberg Souder BOARD OF DIRECTORS OF OF- Well, we are about to change that. Coburn Kolbe Spence We passed a bill out of the House. The Collins Largent Stearns FICE OF COMPLIANCE Senate has passed a bill. I have good Combest Latham Stenholm The SPEAKER pro tempore. Without Condit LaTourette Stump news tonight for those of my col- objection, and pursuant to Section 301 Cook Lewis (CA) Sununu leagues who have constituents who use Cooksey Lewis (KY) Sweeney of Public Law 104–1, the Chair an- satellite service for local access. Cox Linder Talent nounces on behalf of the Speaker and Things are about to change. Crane Lucas (KY) Tancredo Minority Leader of the House of Rep- Cubin Lucas (OK) Tanner The conference committee I think is Cunningham Manzullo Tauzin resentatives and the majority and mi- Deal McCollum Taylor (MS) nority leaders of the United States making good progress. I hope that, in DeLay McCrery Terry Senate their joint appointment of each the next 3 to 4 weeks, the satellite DeMint McInnis Thomas users, including many of my constitu- Diaz-Balart McIntosh Thornberry of the following individuals to a 5-year Dickey McKeon Thune term to the board of directors to the ents in the State of Colorado, will once Doolittle Metcalf Tiahrt Office of Compliance: again have an opportunity for local ac- Dreier Mica Toomey Mr. Alan V. Friedman, California; cess. Duncan Miller (FL) Traficant Dunn Miller, Gary Turner Ms. Susan S. Robfogel, New York; EXHIBIT AT BROOKLYN MUSEUM OF ART Ms. Barbara Childs Wallace, Mis- Ehlers Moran (KS) Vitter Mr. MCINNIS. The second point I Ehrlich Myrick Walden sissippi. wish to address this evening, Mr. Emerson Nethercutt Walsh There was no objection. English Ney Wamp Speaker, is the art exhibit in New York Everett Northup Watkins f City, the Brooklyn Art Museum. I Ewing Norwood Watts (OK) made some comments about that last Fletcher Nussle Weldon (FL) FURTHER MESSAGE FROM THE Fossella Ose Weldon (PA) SENATE week. I am amazed how over the week- Gallegly Packard Weller A further message from the Senate end the media has been very successful Ganske Paul Whitfield in tying the exhibit, and I will tell my Gekas Pease Wicker by Mr. Lundregan, one of its clerks, an- Gibbons Peterson (PA) Wilson nounced that the Senate agrees to the colleagues exactly what it is, a portrait Gilchrest Petri Young (AK) report of the Committee of Conference of the Virgin Mary with crap thrown Gillmor Pickering Young (FL) on the disagreeing votes of the two all over it, to be quite blunt with you. Goode Pitts They have made this controversy in Goodlatte Pombo Houses on the amendment of the Sen- New York City as if it is a controversy NOT VOTING—16 ate to the bill (H.R. 2084) ‘‘An Act mak- ing appropriations for the Department between the freedom of speech under Berman Doyle Oxley of Transportation and related agencies the Constitutional amendment and Bliley Etheridge Scarborough people who were offended by the art. Blumenauer Farr Taylor (NC) for the fiscal year ending September 30, Brown (FL) McKinney Towns 2000, and for other purposes.’’ That is not the controversy at all. Chenoweth-Hage Meeks (NY) f The controversy in New York City in Dingell Neal that museum is that the taxpayers of SPECIAL ORDERS the United States of America are being b 1850 The SPEAKER pro tempore. Under asked to pay for this art exhibit at the So the motion was agreed to. the Speaker’s announced policy of Jan- Brooklyn Museum. H9286 CONGRESSIONAL RECORD — HOUSE October 4, 1999 Now, do my colleagues think it is ap- COMMUNICATION FROM THE COM- entered into voluntarily, thus satis- propriate for someone who is a tax- MITTEE ON THE BUDGET: REVI- fying both sides. payer, who is a hard-working Amer- SIONS TO ALLOCATION FOR Only true competition assures that ican, who is a Catholic to go out and HOUSE COMMITTEE ON APPRO- the consumer gets the best deal at the take their taxpayer money to pay for a PRIATIONS PURSUANT TO HOUSE best price possible by putting pressure portrait to be exhibited of the Virgin REPORT 106–288 on the providers. Once one side is given Mary with crap thrown all over it? Of The SPEAKER pro tempore. Under a a legislative advantage in an artificial course it is not. It is as offensive to the previous order of the House, the gen- system, as it is in managed care, trying Catholics as it is displaying a Nazi to balance government-dictated advan- tleman from Ohio (Mr. KASICH) is rec- symbol by taxpayer dollars would be to ognized for 5 minutes. tages between patient and HMOs is im- the Jewish community, or as it would possible. The differences cannot be rec- Mr. KASICH. Mr. Speaker, pursuant to Sec. be of putting a portrait of Martin Lu- onciled by more government mandates, 314 of the Congressional Budget Act, I hereby ther King with crap thrown all over it which will only make the problem submit for printing in the CONGRESSIONAL to the black community. worse. Because we are trying to patch RECORD revisions to the allocation for the It is out of place. It is unjustified. up an unworkable system, the impasse House Committee on Appropriations pursuant And it is totally, totally inappropriate in Congress should not be a surprise. for the use of taxpayers’ dollars for to House Report 106±288 to reflect No one can take a back seat to me re- that kind of art. $8,699,000,000 in additional new budget au- garding the disdain I hold for the Now, that is not an issue of the first thority and $8,282,000,000 in additional out- HMO’s role in managed care. This en- amendment. Nobody has said that they lays for emergencies. This will increase the al- tire unnecessary level of corporatism cannot display that type of art, al- location to the House Committee on Appro- that rakes off profits and undermines though, frankly, I think they are some- priations to $551,899,000,000 in budget au- care is a creature of government inter- what sick in the mind when they do. thority and $590,760,000,000 in outlays for fis- ference in health care. These non-mar- But no one has said that they are cal year 2000. ket institutions and government could banned from displaying that type of As reported to the House, H.R. 1906, the have only gained control over medical art. conference report accompanying the bill mak- care through a collusion through orga- Instead, what we have said is they ing appropriations for Agriculture, Rural Devel- nized medicine, politicians, and the should not use taxpayers’ dollars to opment, Food and Drug Administration, and HMO profiteers in an effort to provide fund that kind of art. This museum, Related Agencies for fiscal year 2000, in- universal health care. No one suggests with a great deal of pride, had their cludes $8,699,000,000 in budget authority and first showing this weekend; and today that we should have universal food, $8,282,000,000 in outlays for emergencies. housing, TV, computer and automobile they announced with great excitement, These adjustments shall apply while the leg- and I hope it makes my liberal Demo- programs; and yet, many of the poor do islation is under consideration and shall take much better getting these services crats happy, they announced with effect upon final enactment of the legislation. great excitement how successful that through the marketplace as prices are Questions may be directed to Art Sauer or driven down through competition. show is. Jim Bates at x6±7270. Well, in their hearts, they know it is We all should become suspicious f wrong. They know it is wrong to do when it is declared we need a new Bill of Rights, such as a taxpayers’ bill of what they have done with taxpayer HEALTH CARE REFORM: TREAT rights, or now a patients’ bill of rights. dollars. And in the end, we will win. We THE CAUSE, NOT THE SYMPTOM will keep the rights under the First Why do more Members not ask why the The SPEAKER pro tempore. Under a Amendment and we will disallow tax- original Bill of Rights is not adequate previous order of the House, the gen- payer dollars from being used for that in protecting all rights and enabling tleman from Texas (Mr. PAUL) is recog- kind of art exhibit in New York City. the market to provide all services? If I hope my colleagues reconsider, but nized for 5 minutes. over the last 50 years we had had a lot I know that their egos probably will Mr. PAUL. Mr. Speaker, as an M.D. I more respect for property rights, vol- not. So I hope that all my colleagues know that when I advise on medical untary contracts, State jurisdiction, and their constituents remember that legislation that I may be tempted to and respect for free markets, we would they do not have to and they should allow my emotional experience as a not have the mess we are facing today not be forced to pay with taxpayer dol- physician to influence my views. But, in providing medical care. lars an art exhibit such as the one dis- nevertheless, I am acting the role as The power of special interests influ- playing the Virgin Mary with crap legislator and politician. encing government policy has brought thrown all over it. Our country is The M.D. degree grants no wisdom as us to this managed-care monster. If we greater than that, and our country to the correct solution to our managed- pursued a course of more government stands for a lot more than that. care mess. The most efficient manner management in an effort to balance f to deliver medical services, as it is things, we are destined to make the with all goods and services, is deter- system much worse. If government REPORT ON RESOLUTION PRO- mined by the degree the market is al- mismanagement in an area that the VIDING FOR CONSIDERATION OF lowed to operate. Economic principles Government should not be managing at H.R. 764, CHILD ABUSE PREVEN- determine efficiencies of markets, even all is the problem, another level of bu- TION AND ENFORCEMENT ACT the medical care market, not our emo- reaucracy, no matter how well in- OF 1999 tional experiences dealing with man- tended, cannot be helpful. The law of Mr. DREIER, from the Committee on aged care. unintended consequences will prevail Rules, submitted a privileged report Contrary to the claims of many advo- and the principle of government con- (Rept. No. 106–363) on the resolution (H. cates of increased government regula- trol over providing a service will be Res. 321) providing for consideration of tion of health care, the problems with further entrenched in the Nation’s psy- the bill (H.R. 764) to reduce the inci- the health care system do not rep- che. The choice in actuality is govern- dence of child abuse and neglect, and resent market failure. Rather, they ment-provided medical care and its in- for other purposes, which was referred represent the failure of government evitable mismanagement or medical to the House Calendar and ordered to policies which have destroyed the care provided by a market economy. be printed. health care market. Partial government involvement is f In today’s system, it appears on the not possible. It inevitably leads to The SPEAKER pro tempore. Under a surface that the interest of the patient total government control. Plans for all previous order of the House, the gentle- is in conflict with the rights of the in- the so-called patients’ bill of rights are woman from California (Ms. WATERS) is surance companies and the Health 100 percent endorsement of a principle recognized for 5 minutes. Maintenance Organizations. In a free of government management and will (Ms. WATERS addressed the House. market, this cannot happen. Every- greatly expand government involve- Her remarks will appear hereafter in one’s rights are equal and agreements ment even if the intention is to limit the Extensions of Remarks.) on delivering services of any kind are government management of the health October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9287 care system to the extent necessary to HMOs make mistakes and their budgets are sue, and juries make awards that qualify as curtail the abuses of the HMO. limited however, doesn't justify introducing the ``cruel and unusual punishment'' for some who The patients’ bill of rights concept is notion that politicians are better able to make were barely involved in the care of the patient based on the same principles that have these decisions than the HMOs. Forcing now suing. The welfare ethic of ``something for given us the mess we have today. Doc- HMOs and insurance companies to do as the nothing'' developed over the past 30 to 40 tors are unhappy. HMOs are being at- politicians say regardless of the insurance pol- years has played a role in this serious prob- tacked for the wrong reasons. And the icy agreed upon will lead to higher costs, less lem. This has allowed judges and juries to patients have become a political foot- availability of services and calls for another sympathize with unfortunate outcomes, not re- ball over which all sides demagogue. round of government intervention. lated to malpractice and to place the responsi- The problems started early on when For anyone understanding economics, the bility on those most able to pay rather than on the medical profession, combined with results are predictable: Quality of medical care the ones most responsible. This distorted view the tax code provisions making it more will decline, services will be hard to find, and of dispensing justice must someday be ad- advantageous for individuals to obtain the three groups, patients, doctors and HMOs dressed or it will continue to contribute to the first-dollar health care coverage from will blame each other for the problems, pitting deterioration of medical care. Difficult medical third parties rather than pay for health patients against HMOs and government, doc- cases will not be undertaken if outcome is the care services out of their own pockets, tors against the HMOs, the HMOs against the only determining factor in deciding lawsuits. influenced the insurance industry into patient, the HMOs against the doctor and the Federal legislation prohibiting state tort law re- paying for medical services instead of result will be the destruction of the cherished form cannot be the answer. Certainly contrac- sticking with the insurance principle of doctor-patient relationship. That's where we tual arrangements between patients and doc- paying for major illnesses and acci- are today and unless we recognize the nature tors allowing specified damage clauses and dents for which actuarial estimates of the problem Congress will make things agreeing on arbitration panels would be a big could be made. worse. More government meddling surely will help. State-level ``loser pays'' laws, which dis- A younger, healthier and growing popu- not help. courage frivolous and nuisance lawsuits, lation was easily able to afford the fees re- Of course, in a truly free market, HMOs and would also be a help. quired to generously care for the sick. Doc- pre-paid care could and would existÐthere In addition to a welfare mentality many have tors, patients and insurance companies all would be no prohibition against it. The Kaiser developed a lottery jackpot mentality and hope loved the benefits until the generous third- system was not exactly a creature of the gov- for a big win through a ``lucky'' lawsuit. Fraud- party payment system was discovered to be ernment as is the current unnatural HMO-gov- ulent lawsuits against insurance companies closer to a Ponzi scheme than true insurance. ernment-created chaos we have today. The now are an epidemic, with individuals feigning The elderly started living longer, and medical current HMO mess is a result of our govern- injuries in order to receive compensation. To care became more sophisticated, demands in- ment interference through the ERISA laws, tax find moral solutions to our problems in a na- creased because benefits were generous and laws, labor laws, and the incentive by many in tion devoid of moral standards is difficult. But insurance costs were moderate until the de- this country to socialize medicine ``American the litigation epidemic could be ended if we mographics changed with fewer young people style'', that is the inclusion of a corporate level accepted the principle of the right of contract. working to accommodate a growing elderly of management to rake off profits while drain- Doctors and hospitals could sign agreements populationÐjust as we see the problem devel- ing care from the patients. The more govern- with patients to settle complaints before they oping with Social Security. At the same time ment assumed the role of paying for services happen. Limits could be set and arbitration governments at all levels became much more the more pressure there has been to managed boards could be agreed upon prior to the fact. involved in mandating health care for more care. Limiting liability to actual negligence was once and more groups. The contest now, unfortunately, is not be- automatically accepted by our society and only Even with the distortions introduced by the tween free market health care and national- recently has this changed to receiving huge tax code, the markets could have still sorted ized health care but rather between those who awards for pain and suffering, emotional dis- this all out, but in the 1960s government en- believe they speak for the patient and those tress and huge punitive damages unrelated to tered the process and applied post office prin- believing they must protect the rights of cor- actual malpractice or negligence. Legalizing ciples to the delivery of medical care with pre- porations to manage their affairs as prudently contracts between patients and doctors and dictable results. The more the government got as possible. Since the system is artificial there hospitals would be a big help in keeping down involved the greater the distortion. Initially is no right side of this argument and only polit- the defensive medical costs that fuel the legal there was little resistance since payments ical forces between the special interests are at cost of medical care. were generous and services were rarely re- work. This is the fundamental reason why a Because the market in medicine has been stricted. Doctors like being paid adequately for resolution that is fair to both sides has been grossly distorted by government and artificially services than in the past were done at dis- so difficult. Only the free market protects the managed care, it is the only industry where count or for free. Medical centers, always will- rights of all persons involved and it is only this computer technology adds to the cost of the ing to receive charity patients for teaching pur- system that can provide the best care for the service instead of lowering it as it does in poses in the past liked this newfound largesse greatest number. Equality in medical care every other industry. Managed care cannot by being paid by the government for their services can be achieved only by lowering work. Government management of the com- services. This in itself added huge costs to the standards for everyone. Veterans hospital and puter industry was not required to produce nation's medical bill and the incentive for pa- Medicaid patients have notoriously suffered great services at great prices for the masses tients to economize was eroded. Stories of from poor care compared to private patients, of people. Whether it is services in the com- emergency room abuse are notorious since yet, rather than debating introducing consumer puter industry or health care all services are ``no one can be turned away.'' control and competition into those programs, best delivered in the economy ruled by market Artificial and generous payments of any we're debating how fast to move toward a sys- forces, voluntary contracts and the absence of service, especially medical, produces a well- tem where the quality of medicine for every- government interference. known cycle. The increased benefits at little or one will be achieved at the lowest standards. Mixing the concept of rights with the delivery no cost to the patient leads to an increase in Since the problem with our medical system of services is dangerous. The whole notion demand and removes the incentive to econo- has not been correctly identified in Wash- that patient's ``rights'' can be enhanced by mize. Higher demands raises prices for doctor ington the odds of any benefits coming from more edicts by the federal government is pre- fees, labs, and hospitals; and as long as the the current debates are remote. It looks like posterous. Providing free medication to one payments are high the patients and doctors we will make things worse by politicians be- segment of the population for political gain don't complain. Then it is discovered the insur- lieving they can manage care better than the without mentioning the cost is passed on to ance companies, HMOs, and government HMO's when both sides are incapable of such another segment is dishonest. Besides, it only can't afford to pay the bills and demand price a feat. compounds the problem, further separating controls. Thus, third-party payments leads to Excessive litigation has significantly contrib- medical services from any market force and rationing of care; limiting choice of doctors, uted to the ongoing medical care crisis. yielding to the force of the tax man and the deciding on lab tests, length of stay in the Greedy trial lawyers are certainly part of prob- bureaucrat. No place in history have we seen hospital, and choosing the particular disease lem but there is more to it than that. Our legis- medical care standards improve with national- and conditions that can be treated as HMOs lative bodies throughout the country are great- izing its delivery system. Yet, the only debate and the government, who are the payers, start ly influenced by trial lawyers and this has here in Washington is how fast should we pro- making key medical decisions. Because been significant. But nevertheless people do ceed with the government takeover. People H9288 CONGRESSIONAL RECORD — HOUSE October 4, 1999 have no more right to medical care than they We should have more faith in freedom and enormous entity that most people have a right to steal your car because they more fear of the politician and bureaucrat who thought, how in the world could you are in need of it. If there was no evidence that think all can be made well by simply passing build something with a price tag of $31 freedom did not enhance everyone's well a Patient's Bill of Rights. million? I think most of us would like being I could understand the desire to help to build stadiums today for $31 million. b 2030 others through coercive means. But delivering Mr. Speaker, this is just a simple medical care through government coercion f tribute to all those hardworking souls means not only diminishing the quality of care, CONGRATULATIONS TO HOUSTON that made the Astros games so much it undermines the principles of liberty. Fortu- ASTROS AS THEY BID FARE- fun and made the Astrodome the nately, a system that strives to provide max- WELL TO THE ASTRODOME, THE Eighth Wonder of the World where so imum freedom for its citizens, also supports EIGHTH WONDER OF THE WORLD many people enjoyed the opportunity the highest achievable standard of living for to be there, not only for baseball but so The SPEAKER pro tempore (Mr. the greatest number, and that includes the many other activities and conventions PEASE). Under a previous order of the best medical care. and meetings. We are just grateful for Instead of the continual demagoguery of the House, the gentlewoman from Texas the facility, and I guess what you issue for political benefits on both sides of the (Ms. JACKSON-LEE) is recognized for 5 would say is, it is off into the sunset. debate, we ought to consider getting rid of the minutes. But do not worry, the Astrodome will laws that created this medical management Ms. JACKSON-LEE of Texas. Mr. be there for others to enjoy for many crisis. Speaker, we have very serious matters years to go as we move downtown to The ERISA law requiring businesses to pro- to attend to in the United States Con- the new Astros stadium called Enron vide particular programs for their employees gress, but I thought with all the joy Field located in my district, the 18th should be repealed. The tax codes should that we experienced in Texas in the Congressional District. Hats off to the give equal tax treatment to everyone whether Eighth Wonder of the World yesterday, Astros, congratulations, and I will see working for a large corporation, small busi- the Astrodome in Houston, Texas, that you in the World Series. ness, or is self employed. Standards should I wanted to share the excitement, the be set by insurance companies, doctors, pa- history with my colleagues. f tients, and HMOs working out differences I want to pay special tribute to the through voluntary contracts. For years it was Astros team that overcame all kinds of injuries and trials and tribulations to TRIBUTE TO FIRST RESPONDERS, known that some insurance policies excluded THE NATION’S FIREFIGHTERS certain care and this was known up front and win their division. Then I would like to was considered an acceptable provision since pay tribute to Larry Dierker who suf- The SPEAKER pro tempore. Under a it allowed certain patients to receive discounts. fered a debilitating illness early on in previous order of the House, the gen- The federal government should defer to state the season, yet he came back to lead tleman from Michigan (Mr. SMITH) is governments to deal with the litigation crisis his team to victory and I might say, recognized for 5 minutes. and the need for contract legislation between this might be the year that the Astros Mr. SMITH of Michigan. Mr. Speak- patients and medical providers. Health care go straight on into the World Series. er, back in 1992, Congress passed legis- providers should be free to combine their ef- This is the final sunset on the Astro- lation to allow and establish a national forts to negotiate effectively with HMOs and dome. Born in 1965, noted as the Eighth memorial for fallen firefighters. Yes- insurance companies without running afoul of Wonder of the World, the largest indoor terday up in Emmitsburg, Maryland, federal anti-trust lawsÐor being subject to stadium. We call it the ‘‘mosquito-rid- we had such a ceremony. This past regulation by the National Labor Relations den-free’’ stadium in Houston, Texas. year, 95 firefighters in the United Board (NLRB). Congress should also remove No sun, no heat, no rain, but good base- States lost their lives in the line of all federally-imposed roadblocks to making ball and good fun. We have enjoyed the duty. I think this Congress, this Na- pharmaceuticals available to physicians and 35 years that we have had the pleasure tion, owes these individuals, the Amer- patients. Government regulations are a major to utilize the Astrodome and all of the icans that have fallen in the line of reason why many Americans find it difficult to hard workers who have made the pleas- duty before them and certainly every afford prescription medicines. It is time to end ure of the fans their first priority. first responder in this country, a debt the days when Americans suffer because the We appreciate Drayton McLane who of gratitude, a vote of thanks. Pro- Food and Drug Administration (FDA) pre- came in and bought the Astros and tecting public safety and public prop- vented them from getting access to medicines made sure that they stayed in Houston. erty is a brave calling. We certainly that where available and affordable in other I want to say to all the old-timers, should as a Congress thank those indi- parts of the world! though I will not call them that, those viduals for the great job they did. Yes- The most important thing Congress can do who had season tickets for 35 years, we terday up in Emmitsburg it was a day is to get market forces operating immediately thank you, too, for you were com- of remembrance but it was also a day by making Medical Savings Accounts (MSAs) mitted, you were loyal, and you were of celebration, because these individ- generously available to everyone desiring one. strong. Through the ups and downs of uals contributed so much in the spirit Patient motivation to save and shop would be our Astros, you stood fast. All the joy of honor and duty. I am a strong be- a major force to reduce cost, as physicians that was given to the young people, the liever that everyone should be a sup- would once again negotiate fees downward children who would come to the base- porter of their community, should try with patientsÐunlike today where the govern- ball game and enjoy the time with in some way to make their individual ment reimbursement is never too high and their parents. communities a little bit better by con- hospital and MD bills are always at maximum Baseball tickets traditionally have tributing, by being in public service, by levels allowed. MSAs would help satisfy the been the most reasonable tickets of all being on the fund-raising committee, American's people's desire to control their own sports in America. It is America’s pas- contributing an effort to help others health care and provide incentives for con- time, yes, along with so many other when they need help. sumers to take more responsibility for their sports like basketball and soccer now It seems to me that cynicism has just care. and football, but one thing about base- spread too far across this country and There is nothing wrong with charity hospitals ball, you could always see family mem- there are too many that now consider and possibly the churches once again pro- bers coming together with their young duty and honor to be just words, relics viding care for the needy rather than through children. I am reminded of the time of the past. But these men and women, government paid programs which only maxi- that I would go with my aunt and our first responders, our police, and mizes costs. States can continue to introduce uncle. It was a very special time to go firemen especially in yesterday’s dedi- competition by allowing various trained individ- to a baseball game. cation, they believed in duty, they be- uals to provide the services that once were So my hat is off to the Astros and the lieved in commitment, they believed in only provided by licensed MDs. We don't have Astro family, to Houston and all of community. And certainly these quali- to continue down the path of socialized med- those, including Judge Roy Hofheinz, ties in first responders across the Na- ical care, especially in America where free the mayor of the City of Houston who tion deserve more support from this markets have provided so much for so many. had the vision in 1965 to build this Congress. October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9289 Now, we call them first responders There are many deserving people who district office staff in Greenville and because, and I will give a couple of ex- have helped North Carolina in the Norlina, many of them affected by the amples. When we turned on our tele- aftermath of Hurricane Floyd. I want hurricane themselves but who put the vision last spring to the terrifying situ- to thank President Clinton for adding welfare of others first. These public ation at Columbine High School, who $20.3 million in low-income energy as- servants have worked long and hard did we see on that television set? It sistance funds to his original extended hours to help clean up the communities was the first responders that got there relief package of $528 million. Thank and find food and shelter for the needy, first. The firefighters were there first. you, Mr. President. I wish to thank my and worked long hours to keep North Whether it is wildfires or earthquakes colleagues, Representatives from the Carolina afloat when it looked as or tornadoes or fires of unimaginable neighboring States, who have banned though it was sinking. danger and stress, or when it is a be- together to support the victims of this I am especially thankful for the deep- loved kitten going up a tree or when disaster. A special thank you to the di- spirited North Carolina people who you need help for a fund-raising in the rector of FEMA, Mr. Witt; and to our have shared with me in letters and community, it is these firefighters that governor, Mr. James Hunt, of North phone calls and private visits their are there, they are willing to make the Carolina and their staffs for working willingness to share with their neigh- difference, they are willing to give around the clock to rescue and relieve bors. Some folks have said they look their time and the effort. North Carolina residents. forward to rebuilding their commu- We have got 32,000 fire departments Some 52,000 citizens have called nities with hard work and the coopera- in the United States. We have got 103 FEMA now seeking assistance, and tion of others. Even a disaster of this million first responders. Eighty per- Governor Hunt has had to deal with magnitude will not hold North Caro- cent of those first responders are vol- many more. Thank you, Mr. Witt and lina back. Again, I sincerely thank all for so unteers, volunteers that go and risk Governor Hunt, for your dedication to their lives to protect lives and safety much outpouring of goods, donated those in need. food, clothes, contributions and, most and support their community. I think I wish to take a minute to thank the of all, the volunteerism of time they embody the beliefs of the founders Red Cross and the Salvation Army for through the local community churches, of our country who were deeply com- their special help. The Red Cross their congregations in North Carolina mitted to the idea that the individual opened many shelters. The Salvation had an obligation to the community, and every other State in the United Army provided mobile kitchens. And States. All have been terrific. I have that our country needed its domestic we appreciate the efforts of FEMA to defenders, our firefighters, our first re- never been so proud of my State’s peo- provide meals ready to eat, ice, blan- ple or to be an American as now during sponders, every bit as much as it need- kets, water and emergency generators. ed a national defense. this time of crisis. We also appreciate the hundreds of in- Most of all, I want to thank all who Our thanks certainly should go out dividuals in local communities, neigh- not only to these firefighters but their have helped, for giving us hope to re- bors and citizens who have helped and loved ones who experienced the tre- build North Carolina, places like are helping out continuously. And we mendous effort, the sacrifice that these Princeville, Tarboro, Kinston, Golds- appreciate the outpouring of support firefighters have made for their com- boro, Pinetops and Greenville back and resources from across the Nation. munities. Stories where firefighters into the great places they were. Thank Truckloads from Baltimore, busloads made the difference are in almost you all. from Washington, D.C.; students from every home and every community. Yet much more help is needed and North Carolina colleges, churches from They are certainly in my home where support. That is why, Mr. Speaker, I far and wide, citizens of every hue, the firefighters came to my farm and intend to join with Members of Con- every stripe, every background, all saved not only property but the lives of gress from other impacted States to a lot of my cattle on that farm. As far Americans, helping out. try to send a legislative package for I know of heroic rescue efforts of peo- as I am concerned, they are the cham- further relief to the President for sign- ple, farm animals and pets conducted pions we can never fully thank, and ing. As a part of that package, we need by neighbors, local fire departments as speeches like this speech tonight or to update the laws so that small farm- the gentleman from Michigan (Mr. speeches up in Emmitsburg never are ers and small businesspersons can be SMITH) just mentioned, state police of- going to be adequate enough to thank treated on an equal footing with other ficers and their staffs. I wish to com- those individuals that made that kind families. We will also need more re- mend them all for their dedicated serv- of sacrifice. sources, and that will also be a part of If there is any lesson that we can ice. the legislative package. A ray of sunshine was seen in North take, Mr. Speaker, as Americans from Tomorrow, we will consider a resolu- those in our communities that con- Carolina today. Today, October 4, 1999, tion offering our colleagues an oppor- tribute so much, to make sure that we schools reopened for thousands of tunity to go on record as willing to also make an effort to their memory to North Carolina students. This is a big help and provide the necessary re- try to do our duty in helping others, in step forward in the long, painful at- sources to make a difference. The peo- helping our community, in trying to do tempt to return to normalcy after Hur- ple of North Carolina are resilient, and something to make our communities ricane Floyd. Tarboro High School in we will bounce back from the situa- better and help the lives of the people devastated Tarboro opened school tion. But we will need the help of all that we know a little better, that is today and about 60 percent of the stu- Americans. The winds will go, the rain will go, what we should do. dents looked forward to attending the rivers will crest, the cleanup will f school. I am grateful to all who have made the small routine tasks like at- begin, and the restoration and rebuild- NORTH CAROLINA RECOVERS tending school become a reality after ing will take place. The spirit of North FROM HURRICANE FLOYD so many days of fear and flooding. I am Carolina will return, Mr. Speaker, with The SPEAKER pro tempore. Under a very grateful for those North Carolina your help and the help of our Col- previous order of the House, the gentle- children of our great Nation who leagues. woman from North Carolina (Mrs. strived hard to reestablish their daily f CLAYTON) is recognized for 5 minutes. routines and attend school today, per- b 2045 Mrs. CLAYTON. Among all the haps under continuing family hard- death, destruction and despair that has ships. THE IMPORTANCE OF INCREASING been visited upon the people of North I am very thankful for the county FUNDING FOR HIV/AIDS RE- Carolina as a result of Hurricane school teachers, principals, and main- SEARCH, TREATMENT AND PRE- Floyd, there are many bright spots. tenance workers that made reopening VENTION IN MINORITY COMMU- This evening, I would like to acknowl- schools in North Carolina one of their NITIES edge some of those who have given of top priorities. I am appreciative of the The SPEAKER pro tempore (Mr. themselves and their resources to this State emergency workers who worked PEASE). Under the Speaker’s an- vital cause. with Federal agencies, FEMA, and my nounced policy of January 6, 1999, the H9290 CONGRESSIONAL RECORD — HOUSE October 4, 1999 gentlewoman from the Virgin Islands the CBC is trying its very best to tar- The Office of Minority Health must (Mrs. CHRISTENSEN) is recognized for 30 get the funds where the real need is. be funded. $5 million or more must be minutes as the designee of the minor- Mr. Speaker, these dollars will build appropriated for demonstration ity leader. upon the success of the 156 million re- projects to ensure that minority sen- Mrs. CHRISTENSEN. Mr. Speaker, I quested for HIV/AIDS prevention in mi- iors understand how to navigate the have often said on previous occasions nority communities in fiscal year 1999. complicated health system. Clearly, when I have come to the floor that one We thank the Congress for that alloca- Mr. Speaker, clearly my colleagues in of the greatest challenges facing this tion, but it is not enough. Although the Congress, the time has come for us Nation is closing the gap in health care welcome, it is not nearly enough to to act. Epidemiological data is there. between our white population and our combat the devastating effects of the All we need is a thrust by this Congress communities of color. It is this that AIDS epidemic in our community. Af- to free the proportion of African Amer- the Congressional Black Caucus and rican Americans and other minorities icans who suffer now in the United the Health Brain Trust would address continue to suffer dramatically higher States three times in proportion to Af- through its HIV state of emergency be- rates of disease and death, long-term rican Americans in the population. cause, you see, HIV/AIDS, although it rates of illnesses from treatable dis- Of the 48,266 AIDS cases reported in is very important to the welfare of our eases than other segments of the gen- 1998, African Americans accounted for communities, is only the tip of the ice- eral population; again, I quote, putting a very high and alarming statistic. berg. the money where the real need is so Forty-five percent of the total cases, 40 The underlying problem is really the that it will overcome the disparities in percent of the cases in men, 62 percent two-tiered health care delivery system our health system. of the cases in women, 62 percent of the that does not address the barriers to Our Nation spends over $7 billion for cases in children. So the Americans re- health but exists for African Ameri- HIV treatment and prevention and con- ported with AIDS through December cans, Hispanics, Asian/Pacific Island- trol; but listen to this, Mr. Speaker: 1998, 30 percent were black and 18 per- ers, Native Americans, and Native Ha- but only $156 million is specifically tar- cent were Hispanic Latino. waiians and Alaskans. Although the geted to minority communities. I re- White House and the Department have peat that. We spend over $7 billion in Mr. Speaker and to the Congress, the been listening and have begun to re- this country for HIV treatment and time to act is now. spond to the call of the caucus to ac- prevention and control, but only $156 Mrs. CHRISTENSEN. Mr. Speaker, I tion, Mr. Speaker, we still have a long million is specifically targeted to mi- want to thank the gentlewoman from way to go, primarily because this body, nority communities which now account Florida (Mrs. MEEK) for her work both the Congress, has not become fully en- for more than 48 percent of those in- in her home State and in the Nation, gaged in the process. fected by the disease. That is a mere 2 not only HIV/AIDS, but other impor- That is why we are here this evening, percent of impact. Surely steps must tant issues of health care for African my colleagues and I, to raise the level be taken and effective measures must Americans and other people of color of awareness to the disparities in be put into place to ensure that re- and also for doing the annual legisla- health care, to provide information on sources follow the trend of the disease tive conference of the caucus remind- the breadth of the gaps and to enlist across all segments of the U.S. popu- ing us that AIDS knows no age barriers our colleagues’ assistance and support lation. and that seniors are also affected by for our efforts to have health care and That is why my colleague, the gen- this dread disease. community development dollars be ap- tlewoman from the Virgin Islands, Mr. Speaker, I yield to the gentleman plied to this very grave problem which called this special order. Man’s inhu- from the Seventh Congressional Dis- threatens the promise of this Nation in manity to man is based on the color of trict of Illinois (Mr. DAVIS). the next century. one’s skin is untrue. Man’s inhumanity Mr. DAVIS of Illinois. Mr. Speaker, I Mr. Speaker, I am joined here by sev- to man is not based on the color of rise today to commend my colleague eral of my colleagues, and I would like one’s skin, and any kind of treatment from the Virgin Islands for, first of all, to begin by yielding to the gentle- in this country cannot ignore the fact organizing this important special order woman from the 17th Congressional that we are all in this situation to- to discuss the importance of increasing District of Florida (Mrs. MEEK). gether. A minimum of $349 million funding for HIV/AIDS research, treat- Mrs. MEEK of Florida. I thank my should be appropriated in fiscal year ment and prevention in minority com- colleague, and I am pleased to join 2000 to address this health emergency munities. Her performance has been with the gentlewoman from the Virgin in communities of color. This is a stellar as she has led the Congressional Islands. She has nobly shown in her en- health emergency. Black Caucus Brain Trust and as she deavor as chairlady of the Congres- I want to thank the rest of my col- continues to lead us towards finding a sional Black Caucus’ Health Task leagues here, but I want to end by say- way to make sure that there is equity Force that she has the unique ability ing, we cannot continue to suffer these in health care services and treatment to mobilize and to organize and push us dramatic increases and this higher rate for all of America. forward into the new millennium. It is of mortality from death and disease a time for such leadership, as the gen- and long-term rates of illnesses from I have joined with my colleagues in tlewoman from the Virgin Islands has diseases that are treatable. These dis- the Congressional Black Caucus in urg- shown us, and I am thankful for her eases are treatable, and we cannot con- ing a minimum of $349 million in HIV/ leadership. She is calling us here today tinue this disfunction different from AIDS to address the pending health cri- to push very strongly for the full fund- other segments of the population. As sis in communities of color. Today we ing of the Congressional Black Caucus’ we prepare now our wonderful Nation are experiencing vast economic pros- emergency public health initiative on to enter the new millennium, this neg- perity. These are said to be the best of HIV/AIDS for the fiscal year 2000. ative health status must not continue, economic times since the 1970’s. Unfor- Mr. Speaker, we cannot talk enough must not continue, and we cannot con- tunately, as our prosperity has in- about this initiative; it is so needed. If tinue to ignore it. creased, so too have our disparities in we do not take care of the health care Man’s inhumanity to man, I spoke of health care. needs of the minorities, the health care before, but we must cease because of It is, to quote a phrase from Dickens, needs of the majority will certainly be the color of one’s skin. These diseases, the best of times and the worst of under strain, as it already is. The $349 they are no respecter of persons. So we times. Economic prosperity is up, but million the Congressional Black Cau- must spend the amount of money it so too is the number of uninsured in cus has requested is targeted propor- takes to be sure it is treated. The Sec- America, rising from 43 million to a tionately to African Americans, His- retary of Health and Human Services total of 44 million today. In commu- panics, Latinos, Asian/Pacific Islanders must begin to implement the rec- nities of color we see vast disparities and Native American communities ommendations stemming from the In- and gaps in health care. African Ameri- based on epidemiological data released stitution of Medicine’s body of cancer cans represent 13 percent of the popu- by the Center of Disease Control. So studies in communities of color. lation but account for 49 percent of October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9291 AIDS deaths and 48 percent of AIDS centers are where most of the people of must raise the awareness of this devas- cases in 1998. One in 50 African Amer- color, the communities that we are tation domestically. ican men and one in 160 African Amer- talking about this evening, receive With African Americans making up ican women are infected with HIV. In their care; and I want to thank the 13 percent of the U.S. population and 1997, 45 percent of the AIDS cases diag- gentleman from Illinois (Mr. DAVIS) for Hispanics making up 11 percent of the nosed that year were among African his hard work and seeing that these U.S. population, these percentages sig- Americans as compared to 33 percent health centers are adequately funded nal an alarming and inhumane quan- among whites. AIDS is the leading to provide those services. dary for all Americans. We, the Mem- cause of death for all United States Next, Mr. Speaker, I yield to my col- bers of Congress, are in a position to males between the ages of 25 and 44 and league from the 37th District of Cali- impact the lives of America’s families for African American males between fornia (Ms. MILLENDER-MCDONALD). struggling to lead healthy, productive the ages of 15 and 44. b 2100 lives. We can serve an integral role in These are valuable years not only in educating parents, teens, and members the lives of these individuals but for all Ms. MILLENDER-MCDONALD. Mr. of our communities on HIV, how it is of America. When we do not act to pro- Speaker, let me first thank the gentle- transmitted, what treatment options vide for research, treatment, education woman from the Virgin Islands (Mrs. exist for those who are living with HIV, and prevention strategies, America CHRISTENSEN) for her steadfast com- the need to obtain HIV testing, and the loses. America loses young, vibrant mitment and leadership to this very clarification of rampant myths associ- taxpayers. America loses great minds critical, but important, issue in the Af- ated with the disease that for so long and workers. If we do not address this rican American community, the Latino has been exclusively associated with epidemic, it can have dramatic con- community, the Asian community, and homosexual white males. sequences on our economy and our all communities of color. She has not Now, HIV, as I have just read to you, ability to compete globally. only shown leadership in this area, but is devastating domestically, but this While deaths from HIV/AIDS diseases in all areas on health issues as they re- disease is also devastating Africa by have been reduced over the last 3 years late to people of color. She has brought large numbers. Presently, there are due to advances in drug therapies, we about an inclusion, and that is evident, nearly 23 million adults and children have not seen a dramatic reduction in of the 39 African American Members of living with HIV/AIDS on that great communities of color. The Centers For Congress who have joined forces with continent. According to UNESCO, Disease Control reported that the AIDS her in this fight to raise the issue of AIDS is now Africa’s leading cause of death rate dropped 30 percent for funding in our community. death. Please hear me, Mr. Speaker, whites, the majority of whom had ac- African Americans and other minori- and those in the outer communities. It cess to new drug therapies, but found ties continue to suffer a drastically is the leading cause of death here do- only 10 percent for African Americans higher rate of death and disease and mestically among African American and 16 percent for all Hispanics. It is no longer term rates of illnesses from women ages 25 to 44, and it is the lead- doubt that the $156 million provided by treatable diseases than other segments ing cause of death on the continent of the Congress last year has assisted in of the U.S. population. As our Nation Africa. our efforts; however, more resources prepares to enter the new millennium, With prevalence rates reaching 25 are needed. this negative health status must not percent of all adults in some countries, In Chicago we have witnessed a rise continue to be ignored. the epidemic is decimating the pool of in the number of HIV cases. For exam- As the Nation spends over $7 billion skilled workers, managers, and profes- ple, reported cases of HIV/AIDS among for HIV–AIDS treatment, prevention sionals who make up the human cap- African Americans in Chicago in- and control, only $156 million is tar- ital to grow Africa’s democracies and creased from 46 percent in 1990 to 68 geted to address HIV–AIDS in commu- economies. percent in 1997. AIDS is the major nities of color, a mere 2 percent. Surely While the HIV/AIDS disease con- cause of death for African American steps must be taken and effective tinues to devastate women domesti- men in Chicago ages 15 to 24, the sec- measures put in place to ensure that cally and throughout Africa, and find- ond leading cause of death for Chi- resources follow the trend of the dis- ing a cure seems far into the future, we cago’s African American men ages 5 to ease across all segments of this popu- cannot afford to give up. The Congres- 34, and the third leading cause of death lation. We are asking for a minimum of sional Black Caucus will not give up. for African Americans in Chicago $349 million to appropriate in fiscal We are calling on all Americans of males aged 35 to 44. year 2000 to address this health emer- good will not to give up. We are calling In addition, the proportion of AIDS gency in communities of color. on our African sisters and brothers not cases in Chicago occurring among Mr. Speaker, I started an AIDS walk to give up. women tripled from 7 percent in 1998 to in the Southern California area be- There are many things that we can 22 percent in 1997. African American cause of the devastation of this disease, do as world citizens to help address the women represent about 39 percent of both domestically, and, now, inter- myriad problems associated with the the Chicago’s women, and they account nationally, in Africa, Brazil, Asia and HIV/AIDS epidemic. Education pro- for almost 70 percent of the cumulative Latin America. grams in the workplace, schools, and AIDS cases among women in that city. In looking at it from the domestic churches can help create new attitudes This is truly an emergency, and it side of things, according to the Centers toward gender and AIDS transmission. warrants the attention and resources for Disease Control, as of June 1997, 32.4 Women’s health services that include of the Federal Government. As we head percent of all males age 13 and older treatment, testing and counseling, pre- into the new millennium, it is essential are African Americans, and 14.8 percent vention and support services, can that we increase not only aid but also are Hispanic. Of all females age 13 and greatly empower women as they com- education and information. It is essen- older, 24.2 percent are Caucasians, 58.4 bat this disease while caring for their tial that we provide resources so that percent are African Americans, and 16.4 children. people can understand transmission percent are Latinos or Hispanics. Of all Mr. Speaker, we must support the and be educated which becomes a real children under the age of 13 years old, cause of a comprehensive program for factor in reducing the advent and onset 60.8 percent are African Americans and African American, Latino and Asian of this terrible illness. 19.5 percent are Hispanic. women and the entire minority popu- Mrs. CHRISTENSEN. Mr. Speaker, I You can see this very devastating lation in testing, education in schools want to thank the gentleman from Illi- disease, Mr. Speaker, has impacted the and the workplace, peer education, and nois for his support on the Health minority women and children tremen- counseling. Brain Trust of the Congressional Black dously, with this being the leading Research is also essential if we are to Caucus and for his work especially cause of death among African Amer- conquer this disease. We want to en- with the community health centers ican women ages 25 to 44, right in those courage more investment in scientific across this Nation. As my colleagues reproductive years. We can ill afford to research that will make tests for ear- know, Mr. Speaker, community health let this continue, Mr. Speaker. We lier detection simple and affordable, H9292 CONGRESSIONAL RECORD — HOUSE October 4, 1999 develop new technologies for preven- It has been noted, Mr. Speaker, but I are homeless, single parents. Many of tion, and promote women’s health think it is important to note again, them are without a spouse or family rights and human rights vis-a-vis HIV/ 48,266 cases were reported in 1998, and, situation. So the $349 million that we AIDS and related issues. for your ears, African Americans ac- are seeking is to be able to assure the Mr. Speaker, I am calling tonight on counted for 45 percent of total cases; 40 funding of the minority health office. all of us to join forces with the Mem- percent of cases in men, 62 percent of It is to ensure outreach. bers of the Congressional Black Cau- cases in women, and 62 percent of cases I would simply say, Mr. Speaker, cus, led by the gentlewoman from the in children. that we have an uphill battle, but the Virgin Islands (Mrs. CHRISTENSEN) to Mr. Speaker, 62 percent of our chil- battle must be one that is joined by all not only address this critical dev- dren are HIV infected and probably of my colleagues, frankly confronting astating disease but help us in the more affected. I have worked in my the crisis of HIV/AIDS and dealing with funding to try and find a cure. community on the HIV question for a that population in a way that said if Mrs. CHRISTENSEN. Mr. Speaker, I number of years, remembering my visit not now, then when? thank the gentlewoman, and I also to the United States Congress in 1990 I believe the time is now, Mr. Speak- want to thank you because you have with my mayor to support the passage er, to fight the fight and win the bat- been a leader on the issue of HIV/AIDS of the Ryan White treatment legisla- tle; and I am delighted, not delighted before I got to the Congress, not only tion, when Houston, Texas, the fourth to be here tonight to fight this battle, for the Nation, but what I understand largest city in the Nation, was then because it is not a delight, but I am has been called the most diverse dis- 13th on the list in the United States of certainly in it for the fight, in order to trict or one of the most diverse dis- America of HIV cases. ensure that we save more lives. tricts in the country. Having started So this problem or this issue has I thank the gentlewoman for yielding the annual AIDS walk that is now been growing and it has been devel- me this time and joining with us by being replicated across the country, I oping and it has, yes, been spreading. giving us the opportunity to partici- want to thank you for that. I thank As with the crisis now in New York pate in this special order. City with St. Louis encephalitis, or you for joining us this evening. b 2115 Next I would like to yield, Mr. whatever else this virus may be called, Speaker, to my colleague the gentle- HIV/AIDS does not stop at the border Mrs. CHRISTENSEN. Mr. Speaker, woman from the 18th Congressional of any State or city. let me just close by thanking my col- District of Texas (Ms. JACKSON-LEE). So I have seen in the City of Houston leagues who have joined us here this Ms. JACKSON-LEE of Texas. Mr. this growth mushroom. In fact, a few evening. Speaker, I thank the gentlewoman weeks ago I held a grant meeting with I will say in closing that Dr. Harold from the Virgin Islands (Mrs. many of my minority HIV organiza- Freeman, a world-renowned expert on CHRISTENSEN) for her leadership, and I tions. Part of the emphasis was the cancer, told us at our spring Brain thank her for organizing this special outreach to explain to them that they Trust that although we had been fight- order. I particularly am gratified for should be dutiful and studious in seek- ing the war on cancer, on which he is the opportunity to join my colleagues ing grants to help educate our commu- an expert, we had perhaps been fighting on a message to the American people of nities. What I was overwhelmed with the wrong kind of war, and that the the enormity of the crisis of HIV/AIDS was the enormous challenge, again, kind of war we need to be fighting to be in the minority community. that these groups were facing, the successful against cancer, heart dis- In particular let me also emphasize numbers of cases that they were hav- ease, diabetes, and HIV-AIDs, and all of that, albeit we are here on the floor of ing, and the amount of money that the diseases that are causing the dis- the House and we may sound as if we they needed. parities in communities of color, needs are working studiously to secure the This whole situation with women in to be more of a guerilla war, a hand-to- passage or secure the funding, I hope their childbearing stages, twenty-five hand type of combat against these dis- our tone does not in any way diminish to 44 being HIV infected. It is a direct eases within our neighborhoods. the enormity of the problem and the link to our children being born with That is what we are here asking for, crisis and the urgency. this deadly disease. In many instances, for the resources to be brought to our I would like to additionally thank the treatment or the outreach would be communities, this evening. We ask for the gentlewoman from the Virgin Is- the door or the divide that would pro- the support of our colleagues for the lands (Mrs. CHRISTENSEN) for her lead- tect that woman during her child- CBC initiative, and the $349 million ership on the Health Brain Trust here bearing stages becoming susceptible to that will be needed to bring these re- in the Congressional Black Caucus. HIV/AIDS and, therefore, carrying it to sources to this community. Among the many issues she discussed, her child. More information, more Mr. Speaker, last month the United States there was a great focus on HIV/AIDS, treatment, more access to information, Commission on Civil Rights issued its report as well as many other health issues in more education. entitled: ``The Health Care Challenge: Ac- the African American community. But Of Americans reported with AIDS knowledging Disparity, Confronting Discrimina- the emphasis is not only the African through December 1998, 37 percent were tion and Ensuring Equality.'' American community, but the empha- black and 18 percent Hispanic. In 1998, We in the CBC have long said that health sis is also on the enormous, again I use the annual AIDS incidence rate among care is the new civil rights battlefield, and we that term, because they are so exten- African American adults in adoles- have approached it accordingly. sive, disparities in healthcare for the cence was eight times that of whites. Let me quote in part from the report. Al- minority community. African American women accounted for though there was a dissenting view, the report Dr. King wrote a book some years 70 percent of all reported cases of HIV states quite clearly and without dispute that ago that said, ‘‘If not now, then when?’’ infection among all women in 1998. equal access to quality health care is a civil I would offer to say that the reason Mr. Speaker, let me share with you right. And that despite the many initiatives, why we are here on the floor of the why this may be a more difficult chal- and programs implemented at the Federal, House is to ask that same question: If lenge than most would like to think. State and local levels, the disparities in health not now, when? How many more have The difficulty of the challenge is to say care for women, the poor and people of color to die? How many more statistical hor- that it is outreach, it is making sure will not be alleviated unless civil rights con- ror stories do we have to hear about that we reach individuals who are in- cerns are integrated into these initiatives and HIV/AIDS before we can have the timidated by institutions, by medical programs. United States Congress consider the facilities, by hospitals, who are intimi- The report cites access to health care, in- $349 million that is being supported by dated as to what would happen to them cluding preventive and necessary treatment as the Congressional Black Caucus at the if they report they have HIV/AIDS, the most obvious determinant of health status, leadership of the gentlewoman from that they would be fired or not have and cites barriers: to include health care fi- the Virgin Islands (Mrs. CHRISTENSEN) the opportunity for seeking care be- nancing, particularly the ability to obtain health in asking for this money to help us in cause they were afraid of what may insurance, language, cultural misunder- this crisis of HIV/AIDS? happen to them. Many of these women standing, lack of available services in some October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9293 geographical areas, and in some cases lack of particularly minority and poor womenÐhave to be talking about this kind of virus transportation to those services. been excluded from clinical trials for decades. that is affecting just the gay commu- Behaviors, and the need to accept individual Again in their transmittal letter the Commis- nity. responsibility for one's health has often been sion states: another focus of the Office of Sec- We now find that is not the case. It is cited as an important determinant, but the in- retary, OCR and minority health should be the a communicable disease that will af- vestigation done by the Commission clearly lack of medical research by and about minori- fect all persons that are subjected or shows that although behaviors such as smok- ties. HHS must take the lead in enforcing the exposed to this virus in the workplace, ing, diet, alcohol, and others can be correlated mandated inclusion of females and minorities in the health facilities, anywhere that to poor health status, they only account for a in health related research both as participants persons can be exposed to this virus. modest portion of health disparities which exist in and recipients of Federal funds for re- Mr. Speaker, we now plead for this across age, sex and race and ethnic cat- search. money to follow where it is. We know egories. The CBC, under the leadership of Jesse that we have had reductions, and we What is often not taken into account is the Jackson, Jr., is supporting the creation of a are always pleased about having reduc- social and economic environment in which center of disparity health research which tions in any kind of communicable dis- personal choice is limited by opportunities. I would elevate the current Office of Minority ease. We have seen almost a wipe-out am referring to issues such as low income, the Health to center status. of diphtheria and all the various vi- unavailability of nutritious foods, and lack of This is an important measure to achieving ruses and bacterial communicable dis- knowledge about healthy behaviors. diversity which is important in both research eases we have had in the past. Hope- So while we help those most affected to un- and researchers. fully we will speak of this disease as derstand more about healthy behaviors and Lastly, the CBC initiative is about making re- one of the past, but we cannot ignore make the appropriate lifestyle changes, it is sources available to our communities so that the education that must taken to pre- the work of this Congress to improve the edu- they themselves can be the agents of the nec- vent this devastating virus. cational and housing environment, and to essary change and improvement in our health With our young people and our youth bring the economic growth being experienced status. groups, they must understand what by most of America to our more rural and eth- The Commission states that ``to be effective causes the exposure and how to prevent nic communities. in reducing disparities and improving condi- that exposure. Far too many people are What are some of the other changes that tions for women and people of color, they dying of AIDS. Even though it is much the Commission recommends be implemented must be implemented at the community level, less than what it was some years ago, to meet this important challenge? Not surpris- particularly in conjunction with community any death from this virus is too many, ingly they go to the heart of the congressional based organizations. because it means that someone has ig- black caucus initiative. f nored or not known what exposes them One of the disparities the Commission found to this deadly virus. THE NORWOOD-DINGELL BILL is that although there is an effort to eliminate People are living longer, which is OFFERS REAL HMO REFORM racial and ethnic health disparities, I quoteÐ costing more for care, and we are al- there has not been any systematic effort by The SPEAKER pro tempore (Mr. ways pleased to have good results, but the steering committee at the Department of COOKSEY). Under the Speaker’s an- nothing surpasses preventing diseases Health and Human Services or Office of Civil nounced policy of January 6, 1999, the of this sort. For that reason, I hope we Rights to monitor or report on the Depart- gentleman from New Jersey (Mr. would give real attention to educating ment's progress. PALLONE) is recognized for 30 minutes especially our younger people. This is precisely what the funding of the of- as the designee of the minority leader. We are finding that our older women fices of minority health within the agencies Mr. PALLONE. Mr. Speaker, I yield in heterosexual relationships have an would address. It would give these offices a to the gentlewoman from the Virgin Is- increase in the incidence of the HIV- line item budget, and build into the system a lands (Mrs. CHRISTENSEN). AIDs virus because of loneliness, all process whereby minority interests and exper- THE HIV-AIDS CRISIS IN THE AFRICAN-AMERICAN kinds of other activities that would tise would be brought to bear in decision and COMMUNITY lead them to be exposed to this virus. policy making within the Department. Mrs. CHRISTENSEN. Mr. Speaker, I That must be given attention. No mat- The Commission stated in its transmittal let- really appreciate the gentleman’s gen- ter what the profile of the individual ter to the President and leaders of Congress erosity. might be or might seem to be, caution that the offices of women and minority health Mr. Speaker, I yield to the gentle- is advised. throughout HHS should take a more proactive woman from Texas, Ms. EDDIE BERNICE We have gone a long way in attempt- role in the incorporation of these populations' JOHNSON. ing to keep people alive with the var- health issues in HHS. Treated as peripheral, Ms. EDDIE BERNICE JOHNSON of ious drugs that are very, very costly, these offices are forced to operate under the Texas. Mr. Speaker, I thank the gentle- and causing them to live longer lives. constraints of extremely limited budgets. HHS woman from the Virgin Islands (Mrs. But nothing yet has come along for us must recognize the potential impact of these CHRISTENSEN) and the gentleman from to see the real end to this deadly virus. offices and increase funding accordingly. New Jersey (Mr. PALLONE) for yielding. The best thing we can do is prevent it. This we feel is critical to creating the inter- Mr. Speaker, I join the Members here We find that the persons who are the nal changes and departmental culture that is representing the Black Caucus, and I most sometimes uneducated are the necessary to effect the change which must be plead for more attention and funding ones who least believe that they can be achieved in the health of people of color. to be given for prevention and treat- exposed to this virus, and they are the The report cites the importance of physician ment of the HIV virus and the AIDS ones who are becoming more exposed diversity and cultural competence in the deliv- disease. all the time. No one, absolutely no one, ery of health services. It found that within the Mr. Speaker, somehow I think that is safe when they take part in any ac- context of patient care it is necessary to open back in 1980, 1981, and 1982, when many tivity that exposes them to this virus, up medical knowledge to include multicultural of the leaders from the gay community no matter what. and gender perspectives to health, health were speaking out against this virus, I am eternally grateful for the lead- care, and patient-provider interaction. It further that much of the other parts of the ers in the gay community for con- states that a major finding of their research is community simply ignored it because tinuing to talk about this virus, and that clearly more minorities are needed as they thought it was just a disease of not allowing the rest of us to forget it health care professionals. the gay and lesbian population. just because they had a larger inci- The current appropriations committee report Even at that time, I knew a virus did dence. That incidence has gone down indicates a reduction in funding below the not know the sexual practices of peo- tremendously in that community, but President's request for programs that would ple, and I felt it was a communicable the leadership continues almost to make this happen. These funds need to be re- disease that had the capacity of infect- come from the concentration of their instated and I ask the House's support in ing almost anyone. That has proven to community. doing so. be true. Back in 1980 and 1981, when we I am grateful for them continuing to The Commission also stated that their re- were having meetings at home, I was bring forth the leadership in educating search indicated that minorities and womenÐ getting warnings that it was dangerous the people, but there is an element H9294 CONGRESSIONAL RECORD — HOUSE October 4, 1999 missing. When people think it is only is one reason why we have such a grave Our struggle against AIDS and the in the gay community, they simply situation today. While we have ad- AIDS epidemic is far from over. Our ef- think they are over and above this ex- vanced in that respect, we cannot rest forts now are extremely important to posure. This is the myth we must on our laurels because the problem still the future of each and every citizen of break down. This is a virus that abso- exists and it is growing stronger with the country. Every concerned indi- lutely anyone can be exposed to. It every passing day, especially with re- vidual needs to take an active role in only takes one exposure, so the edu- gard to people of color. the fight against AIDS. We must wake cation must go forth in all commu- For example, African-Americans up, and we must make a concerted ef- nities, young and old, heterosexual or make up only 12 percent of the popu- fort at both the Federal and grassroots not. We must not stop educating, be- lation, but account for 45 percent of all level if we are truly determined to de- cause that is the only thing that is reported HIV–AIDS cases. African- feat the AIDS crisis. going to prevent this virus. It is costly, American women account for 56 per- Mr. PALLONE. Mr. Speaker, I want- the treatment is very costly, the suf- cent of women living with HIV–AIDS, ed to spend some time tonight, because fering is costly. We must really focus and to me, the most sobering statistic, this is the week when managed care re- on prevention and not just paying for African-American children account for form, HMO reform, will come to the the illness. 58 percent of children living with the floor for the first time. I just wanted to I want to thank the leadership of the disease. spend about 15 or 20 minutes talking gentlewoman from the Virgin Islands The bottom line, Mr. Speaker, is that about why the Patients’ Bill of Rights, (Mrs. CHRISTENSEN). As an M.D., she is we are dying, and something must be the bipartisan Norwood-Dingell bill, is fully aware of all of the factors in- done. The Clinton administration has the right measure, and why every ef- volved, and I appreciate the leadership worked with the Congressional Black fort that may be made by the Repub- that she has brought forth. Caucus to address the disproportionate lican leadership over the next few days Mrs. CHRISTENSEN. I thank the burden of AIDS in racial minorities by to try to stop the Norwood-Dingell bi- gentlewoman from Texas (Ms. EDDIE funding money to those communities partisan bill, either by substituting BERNICE JOHNSON). I want to thank her most affected. Together, we fought a some other kind of HMO so-called re- for her leadership as a health care pro- hard battle with the majority party to form or by attaching other amend- fessional, as well as Vice-Chair of the secure an additional $156 million on ments or poison pills that are unre- caucus. targeted initiatives to address racial lated and sort of mess up, if you will, Mr. Speaker, I yield to the gentleman and ethnic minorities. A local Newark the clean HMO reform that is nec- group fighting against AIDS with from New Jersey (Mr. PAYNE). essary, why those things should not be Mr. PAYNE. Mr. Speaker, first of all, drama is Special Audiences, which re- passed, and why we should simply pass let me thank the gentleman from New cently received one of these grants. the Norwood-Dingell bill by the end of This increase in funding is a good Jersey (Mr. PALLONE) for yielding. this week. I commend the gentlewoman from start, but it is simply not enough. I do not want to take away from the Right now AIDS is the leading cause of the Virgin Islands (Mrs. CHRISTENSEN) fact that the Republican leadership has for her perseverance, and the persist- death of African-American males be- finally allowed this legislation to come tween the ages of 25 and 44, the leading ence and leadership she has shown by to the floor, but I am very afraid that cause of death. This is unacceptable. being a physician, and we are so happy the Committee on Rules will report out Our young black men represent our fu- to have her. a procedure that will make it very dif- But I also would like to add that we ture, and this terrible disease is killing ficult for the bill to finally pass with- them off. are in good company, because the out having poison pill or other dam- In order to address the AIDS issue ef- Speaker pro tempore tonight is also a aging amendments added that ulti- fectively, we need to tackle the prob- person who has done work on river mately will make it difficult for the lem at all levels. First, we need to in- Patients’ Bill of Rights to move to the blindness, and has donated his time crease awareness of the disease. The and effort and resources to try to help Senate, to move to conference between difference in response from my first the two Houses, and ultimately be people who are much worse off in an- hearing on AIDS to this forum tonight other part of the world. I commend him signed by the President. is like the difference between night and A word of warning to the Republican for his work. day. The awareness of the disease has leadership. This is a bill, the Norwood- Mr. Speaker, we are in a crisis. The increased dramatically, and that is a Dingell bill, the Patients’ Bill of issue of HIV and AIDS in this country good indication that people want to be Rights, that almost every American is one of the most serious problems we helped. supports overwhelmingly. It is at the must grapple with. Since the AIDS epi- Secondly, we have to educate people top of any priority list for what this demic began in 1981, more than 640,000 on the dangers of this disease. This Congress and this House of Representa- Americans have been diagnosed with means everyone. AIDS is a killer that tives should be doing in this session. I the disease, and more than 385,000 men, affects every segment of our population think it would be a tragedy if the Re- women, and children have lost their and every age group, from children to publican leadership persists and con- lives. elderly adults. Without properly edu- tinues to persist in its efforts to try to I have been at the forefront of fight- cating people, we will find ourselves in stall this bill, damage this bill, and ing against AIDS since the 1980s, when a much worse situation down the road make it so this bill does not ultimately it was not quite as acceptable to talk than we are today. become law. in public about this dread disease. In Finally, we must encourage better b 1989, when I was first elected to Con- treatment and health care for those 2130 gress, I called a congressional hearing who have the disease. The dispropor- I just want to say very briefly, Mr. in my district of Newark, New Jersey, tionate number of AIDS cases in the Speaker, because I have mentioned it to sound the alarm on the epidemic African-American population is not so many other times on the floor of the that everyone was ignoring. due to the lack of medical technology House of Representatives, the reason In 1991, I introduced the abandoned or advancements. Rather, it points to the Patients’ Bill of Rights is a good infants bill, which was approved in the the limitations that African-Americans bill and such an important bill basi- House. This was a bill to protect aban- face in access to health care. The medi- cally can be summed up in two points; doned infants, some of whom were in- cines and treatments are out there. and that is that the American people fected with HIV virus, and for other They are effective, but we do not have are sick and tired of the fact that when programs to assist them. I was out- access to them. That is wrong. they have an HMO, too many times de- raged at the lack of attention being Let me conclude by saying there is a cisions about what kind of medical paid to this disease, a disease that was common bond between all of these care they will get is a decision that is and still is killing people every day in strategies. They are all contingent on made by the insurance company, by every community. increasing the Federal funding, and en- the HMO, and not the physician and This past reluctance to address the suring that these funds are targeted to not the patient. That is point number problem that was staring us in the face the population that needs it the most. one. October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9295 Point number two is that if an HMO care premiums to skyrocket. That is basically cannot be sued under the Nor- denies a particular operation, a par- simply not true. If we look at last wood-Dingell bill. And I would defy ticular length of stay in the hospital, week’s Washington Post, September 28, anyone to say that that is the case, or some other care that a patient or there was an article that surveyed that an employer can be sued effec- physician feels is necessary, then that HMO members in Texas, where there is tively. patient should be able to take an ap- a very good patient protection law that I wanted to mention one last thing peal to an independent outside review has been in place for the last 2 years. about the poison pills, and then I would board that is not controlled by the That survey showed dramatically that like to yield to the gentlewoman from HMO and, ultimately, to the courts if in Texas they could not find one exam- Texas, because she is representing the the patient does not have sufficient re- ple where the Texas patient protection State of Texas. And she knows first- dress. Right now, under the current law forced Texas HMOs to raise their hand how this law has worked so effec- Federal law, that is not possible be- premiums or provide unneeded and ex- tively in her home State of Texas, and cause most of the HMOs define what is pensive medical services. The Texas this is a law I use over and over again medically necessary, what kind of care law, which has been on the books for 2 as an example of why we need the Fed- an individual will receive themselves. years, shows that costs do not go up be- eral laws. So I would like to hear her And if an individual wants to take an cause good patient protections are pro- speak on the subject. appeal, they limit that appeal to an in- vided. Let me just say, though, that the In addition, we are told by the insur- ternal review that is basically con- other thing that we are going to see ance companies that costs are going to trolled by the HMO itself. over the next few days here in the So the individual cannot sue. If an go up because there will be a lot more House is an effort by the Republican individual is denied the proper care, suits and that will cost people more leadership to load down the Patients’ they cannot take it to a higher court, money and their premiums will have to Bill of Rights, the Norwood-Dingell to a court of law, because under the go up. Well, the 2-year Texas law that bill, with what I call poison pills. I say allows HMOs to be sued for their neg- Federal law, ERISA preempts the State they are poison because they do not ligent medical decisions has prompted law and makes it impossible to go to really believe that these are good almost no litigation. Only five lawsuits court if an individual’s employer is in a things. But they think if they pass out of the four million Texans in HMOs self-insured plan, which covers about 50 them and add them to the Patients’ in the last 2 years, five lawsuits, which percent of Americans, who get their Bill of Rights that, ultimately, that is really negligible. will defeat the bill. They cannot defeat health insurance through their em- It is really interesting to see the ar- the bill on its merits because they ployer, who is self-insured, and those guments that the insurance companies know that that will not work, so they people cannot sue in a court of law. use. The other one they are using, and We want to change that. The bipar- try to add some poison pills. they are trying to tell every Member of Basically, what they are trying to do, tisan Norwood-Dingell bill would Congress not to vote for the Patients’ and this is the same stuff we have had change that. It would say that medical Bill of Rights, not to vote for the Nor- in previous years, a few days ago the decisions, what kind of care an indi- wood-Dingell legislation, is this myth GOP leadership announced its inten- vidual gets has to be made by the phy- that employers would be subject to tion to consider a number of provisions sician and the patient, not by the lawsuits simply because they offer it claims will expand access to health HMO. The definition of what is medi- health benefits to their employees insurance along with managed care. cally necessary is essentially decided under ERISA. What they are saying is, by the physicians, the health care pro- if we let the patient protection bill Again, this is a ruse. There is no effort fessionals. pass, employers will be sued and they here to really expand access for the un- And, secondly, if an individual is de- will drop health insurance for their em- insured. It is just that they have no nied care that that individual and their ployees because they do not want to be other way to counter the growing mo- physician thinks they need, under the sued. mentum behind the Norwood-Dingell Patients’ Bill of Rights, the bipartisan Well, that is simply not true. Senior bill. But based on the statement re- bill, what happens is that that patient attorneys in the employee benefits de- leased by the gentleman from Illinois has the right to an external review by partment in the health law department (Mr. HASTERT), the Speaker of the an independent review board not con- at some of the major law firms, and I House, we can expect to see the fol- trolled by the HMO. And, failing that, will cite a particular one here from lowing poison pills: The worst of them they can go to court and can sue in a Gardener, Carton and Douglas, which are: Medical Savings Accounts, Associ- court of law. basically did a legal analysis of the ated Health Plans, or MEWAs, and Now, those are the basic reasons this Norwood-Dingell bill, claim that this is Health Marts. is a good bill. There are a lot of other simply not correct. Section 302 of the All three of these measures would reasons. We provide for emergency Norwood-Dingell bill specifically pre- fragment the health care market by di- services, we provide access to specialty cludes any cause of action against an viding the healthy from the sick. This care, we provide protection for women employer or other plan sponsor unless fragmentation will drive up costs in and children. There are a lot of other the employer or plan sponsor exercises the traditional market, making it specific provisions that I could talk discretionary authority to make a de- more difficult for those most in need of about, but I think there is an over- cision on a claim for covered benefits health insurance to get it. As a result, whelming consensus that this is a good that results in personal injury or these measures would exacerbate the bill. This is a bill that almost every wrongful death. problem of making insurance acces- Democrat will support and enough Re- So the other HMO myth is that an sible to more people. publicans on the other side of the aisle employer’s decision to provide health And that is not all they do. MSAs will join us against their own Repub- insurance for employees would be con- take money out of the treasury that lican leadership in support of this bill. sidered an exercise of discretionary au- could be used more effectively to in- But there have been a lot of false- thority. Well, again, that is simply not crease access to health insurance hoods being spread by the insurance in- true. The Norwood-Dingell bill explic- through tax benefits. The Health Marts dustry over the last few days and the itly excludes from being construed as and the MEWAs would weaken patient last few weeks and will continue until the exercise of discretionary authority protections by exempting even more Wednesday and Thursday when this bill decisions to, one, include or exclude people from State consumer protection comes to the floor, and I wanted to ad- from the health plan any specific ben- and benefit laws. dress two of them because I think they efit; two, any decision to provide extra- There is no doubt about what is going are particularly damaging if people be- contractual benefits; and, three, any on here with the Republican leader- lieve them. And they are simply not decision not to consider the provisions ship. The opponents of the Norwood- true. of a benefit while internal or external Dingell bill are cloaking their fear of One is the suggestion that the pa- review is being conducted. the bill’s strength in a transparent cos- tient protection legislation, the Nor- What this means is that we precluded tume. They are trying to add these poi- wood-Dingell bill, would cause health all these employer suits. The employer son pills to kill the bill. We should not H9296 CONGRESSIONAL RECORD — HOUSE October 4, 1999 allow it, and I do not think my col- I was just talking to a physician who ERISA where the corporation, their leagues will. stands in the Speaker’s chair, if I employer, is self-insured. Mr. Speaker, I yield to the gentle- might share, that if there is liability If we do not pass a Federal law, all of woman from Texas (Ms. JACKSON-LEE). on a physician who makes a medical the things that Texas, California, and Ms. JACKSON-LEE of Texas. Mr. decision, the only thing we are saying New Jersey and other States will do Speaker, I could not help but listen to about the HMOs is if they make a med- are still only going to apply to a mi- the gentleman as he was making both ical decision, if that medical decision nority of the people that have health an eloquent but very common-sense ex- does not bear the kind of fruit that it insurance. So it is crucial, even though planation of what we are finally get- should, then that harmed or injured we know that States are making ting a chance to do this week in the person should be allowed to sue. That progress, and even though we have seen United States Congress. First, let me has been going on in the State of Texas some of the courts now intervene, Illi- applaud the gentleman from New Jer- now for 2 years. There have been no nois last week intervened and is allow- sey for years of constant persistence representation that there has been ing people to sue the HMO under cer- about the crumbling and, unfortu- abuse. I can assure my colleagues in a tain circumstances, and the Supreme nately, weakened health care system in very active court system, as a former Court of the United States is taking up America. municipal court judge, there has not a case, even with all that, the bottom I was just talking with my good been any run on the courthouse, I tell line is that most people still do not friend the Speaker, and I think none of the gentleman from New Jersey, be- have sufficient patient protections be- us have come to this Congress with any cause of that legislation. cause of that ERISA Federal preemp- great adversarial posture with HMOs. I So I would just simply say, if I might tion. remember being a member of the Hous- share just another point that I think It is important to pass Federal legis- ton City Council and advocating get- the gentleman mentioned in terms of a lation. And we are going to be watch- ting rid of fraud and being more effi- poison pill, that we tragically just ing the Republican leadership to make cient with health care. So none of us heard that 44.3 percent of Americans do sure when the rule comes out tomor- have brought any unnecessary baggage not have access to health insurance. row or the next day, that they do not of some predestined opposition to what We know that we have, as Henry Sim- screw this up so that we cannot pass a HMOs stand for. I think what we are mons has said, President of the Na- clean Patients’ Bill of Rights. committed to in the United States tional Coalition on Health Care, that I want to thank the gentlewoman Congress and what the gentleman’s this report of uninsured Americans is again for so many times when she has work has shown over the years, and alarming and represents a national dis- been down on the floor with me and what the Norwood-Dingell bill shows, grace. We know we cannot fix every- others in our health care task force is that we are committed to good thing with this. And I might say to the making the case for the Patients’ Bill health care for Americans, the kind of gentleman that Texas, alarmingly so of Rights. It is coming up, but we are health care that Americans pay for. and embarrassingly so, is number one going to have to keep out a watchful I would say to our insurance compa- in the number of uninsured individuals, eye. nies, and I will respond to the State of but we do know that with this bipar- f Texas because it is a model, but shame, tisan effort of a Patients’ Bill of b 2145 shame, shame. The interesting thing Rights, I am supporting the Norwood- about the State of Texas, and might I Dingell bill, we can address the crisis ‘‘SEPARATION OF CHURCH AND applaud my colleagues, both Repub- that many of our friends and our con- STATE’’ licans and Democrats alike in the stituents are facing in terms of denied The SPEAKER pro tempore (Mr. House and Senate in Texas, it was a health care because HMOs are COOKSEY). Under the Speaker’s an- collaborative effort. It was a work in superceding the professional advice of nounced policy of January 6, 1999, the progress. It was all the entities regu- physicians who have a one-on-one rela- gentleman from Pennsylvania (Mr. lated by the State of Texas who got to- tionship with patients. PITTS) is recognized for 60 minutes as gether and sacrificed individual special I think we have to stop the hypocrisy the designee of the majority leader. interests for the greater good. in the patient’s examination room. We Mr. PITTS. Mr. Speaker, tonight sev- I might add, and I do not think I am must give back health care to the pa- eral of us are gathered here in the hall misspeaking, that all of the known tient and the physician and the health of the House in a legislative body that physicians in the United States Con- professional. We must stop this intru- represents the freedom that we know gress, or at least in the House, let me sion. And I know the gentleman knows and love in America to discuss what not stretch myself to the other body, I of this, because we have had hearings our Founding Fathers believed about believe, are on one of the bills. And I and heard many tragic stories. the First Amendment, about the issue think most of them, if they are duly So I would say to the gentleman that of religious liberty, about the freedom cosponsoring, are on the Norwood-Din- I hope this is the week that is, and that of religion, about the interaction of re- gell bill. I think Americans need to is that we can successfully come to- ligion in public life. We are talking to- know that. All of the trained medical gether in a bipartisan manner to stand night about the First Amendment, not professionals who are Members of the on the side of good health care for all the Second Amendment, not the Tenth United States Congress are on the Nor- Americans by passing the Norwood- Amendment, the 16th, not the 26th, the wood-Dingell bill, or at least cospon- Dingell bill, the Patients’ Bill of First Amendment, without which our soring it and maybe sponsoring an- Rights. And I thank the gentleman Constitution would not have been rati- other entity. That says something. again for his leadership, and I continue fied. What we should know about the to look forward to working with him. I Mr. Speaker, there has been a lot Texas bill is, one, to all those who believe at the end of the week, hope- said by people of all political stripes might be listening, our health system fully, when the cookies crumble, we and ideologies about the role of reli- has not collapsed. Many of my col- will stand on the side of victory for gion in public life and the extent to leagues may be aware of the Texas that bill. which the two should intersect, if at Medical Center, one of the most re- Mr. PALLONE. Mr. Speaker, I want all. nowned medical centers in the whole to thank the gentlewoman. I wanted to Lately, with the increased discussion Nation. Perhaps Members have heard say one more thing, because I know we of issues like opportunity scholarships of M.D. Anderson or of St. Luke’s. are out of time. Even though Texas and for children to attend religious edu- Many of our trauma centers, the Her- my home State of New Jersey, and now cational institutions, about Govern- mann Hospital, developed life flight. we read California, have all passed ment contracting with faith-based in- We have seen no diminishment of good patient protection laws, I do not stitutions, and even about the debate health care for Texans because of the want any of our colleagues to think on the Ten Commandments being post- passage of legislation that would allow that we do not need the Federal law. ed on public property, we have heard access to any emergency room or that These State laws still do not apply to the phrase ‘‘separation of church and would allow the suing of an HMO. 50 percent of the people that are under state’’ time and time again. October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9297 Joining me tonight to examine this with the other Founders, that the only use his phrase to prohibit the free exer- phrase, as well as the issue of public re- thing the First Amendment prohibited cise of religion, whether by students ligious expression and what our First was the Federal establishment of a na- who want to express their faith, or by Amendment rights entail, are several tional denomination. He explained this judges who want to show their belief in Members from across this great Na- to fellow signer of the Declaration of the Ten Commandments, or by ceme- tion. I am pleased to be joined tonight Independence Benjamin Rush, telling teries who wish to display a cross, or by the gentleman from Colorado (Mr. him: ‘‘The Constitution secured the by so many other public religious ex- TANCREDO), the gentleman from North freedom of religion. The clergy had a pressions. Carolina (Mr. HAYES), the gentleman very favorite hope of obtaining an es- Jefferson’s phrase that so long meant from Tennessee (Mr. WAMP), and the tablishment of a particular form of that the Federal Government would gentleman from Alabama (Mr. Christianity through the United not prohibit public religious expres- ADERHOLT). Each of these Members will States, especially the Episcopalians sions or activities is now used to do ex- examine the words and the intent of and the Congregationalists. Our coun- actly the opposite of what Jefferson in- our Founding Fathers. trymen believe that any portion of tended. Rather than freedom of reli- I would like to begin by examining power confided to me will be exerted in gion, they now want freedom from reli- the words and works of one of our most opposition to these schemes. And they gion. Ironic, is it not? quoted Founders, Thomas Jefferson, believe rightly.’’ Earlier generations long understood who actually coined the phrase ‘‘sepa- Jefferson committed himself as Jefferson’s intent for this phrase. And ration of church and state’’ but in a President to pursuing what he believed unlike today’s courts, which only pub- way much different than what present to be the purpose of the First Amend- lished Jefferson’s eight-word ‘‘separa- day lore seems to suggest. ment, not allowing any denomination tion’’ phrase and earlier courts pub- ‘‘Separation of church and state’’ is to become the Federal or national reli- lished Jefferson’s full letter, if Jeffer- the phrase which today seems to guide gion, as had been the case in Britain son’s separation phrase is to be used the debates in this chamber over public and France and Italy and other nations today, let its context be clearly given religious expressions. While Thomas of that day. as in previous years. Jefferson popularized that phrase, most In fact, at the time of the writing of Additionally, earlier generations al- of those who so quickly invoke Thomas the Constitution, 8 of the 13 colonies ways viewed Jefferson’s ‘‘separation’’ Jefferson and his phrase seem to know had state churches. But Jefferson had phrase as no more than it actually was, almost nothing of the circumstances no intention of allowing the Federal a line from a personal, private letter which led to his use of that phrase or Government to limit, to restrict, to written to a specific constituent group. even of Jefferson’s own meaning for the regulate, or to interfere with public re- There is probably no other instance in American history where eight words phrase ‘‘separation of church and ligious practices. state.’’ Therefore, in his short and polite spoken by a single individual in a pri- Interestingly enough, the same Mem- reply to the Danbury Baptists on Janu- vate letter, words now clearly divorced bers in this chamber who have been ary 1, 1802, he assured them that they from their context, have become the using Jefferson’s phrase to oppose the need not fear, the free exercise of reli- sole basis for a national policy. constitutionally guaranteed free exer- One further note should be made gion will never be interfered with by cise of religion have also been com- about the First Amendment and the the Federal Government. He explained: plaining that this body should do more ‘‘separation of church and state’’ ‘‘Believing with you that man owes ac- with education, and I am starting to phrase. The CONGRESSIONAL RECORDS count to none other for his faith or his agree with them. Those who use this from June 7 to September 25, 1789, in worship than to God, I contemplate phrase certainly do need some more the 1st Congress record the months of with sovereign reverence that act of education about the origin and the discussions and the entire official de- the whole American people which de- meaning of this phrase. bates of the 90 Founding Fathers who The phrase ‘‘separation of church and clared that their Federal legislature framed the First Amendment. And by state’’ appeared in an exchange of let- should ‘make no law respecting an es- the way, contrary to popular mis- ters between President Thomas Jeffer- tablishment of religion or prohibiting conception, Jefferson was not one of son and the Baptist Association of the free exercise thereof,’ thus building those who framed the First Amend- Danbury, Connecticut. The election of a wall of separation between church ment, nor its religion clause. He was President Jefferson, America’s first and state.’’ not even in America at the time. He anti-Federalist President, elated many Jefferson’s understanding of the wall was serving overseas as an American Baptists of that day since that denomi- of separation between church and state diplomat and did not arrive back in nation was, by and large, strongly anti- was that it would keep the Federal America to become George Washing- Federalist. Government from inhibiting religious ton’s Secretary of State until the From the early settlement of Rhode expression. This is a fact he repeated in month after the Bill of Rights was Island in the 1630s to the time of the numerous other declarations during his completed. Federal Constitution in the 1780s, the presidency. Nonetheless, when examining the Baptists often found themselves suf- For example, in his second inaugural records, during the congressional de- fering from the centralization of power. address, he said: ‘‘In matters of reli- bates of those who actually were here And now having a President who advo- gion, I have considered that its free ex- and who actually did frame the First cated clear limits on the centralization ercise is placed by the Constitution Amendment, not one single one of the of government powers, the Danbury independent of the powers of the Fed- 90 framers of the Constitution’s reli- Baptists wrote Jefferson on November eral Government.’’ gion clause ever mentioned the phrase 7, 1801, congratulating him but also ex- In a letter to Judge Samuel Miller, ‘‘separation of church and state.’’ pressing their grave concern over the Jefferson wrote: ‘‘I consider the Fed- If this had been their intent for the entire concept of the First Amend- eral Government as prohibited by the First Amendment, as is so frequently ment. Constitution from intermeddling with asserted today, then at least one of That the Constitution even contained religious exercises.’’ those 90 would have mentioned that a guarantee for the free exercise of re- Jefferson’s phrase on ‘‘separation of phrase. Not one did. ligion suggested to the Danbury Bap- church and state’’ was used to declare Today the phrase ‘‘separation of tists that the right to religious expres- his dual conviction that the Federal church and state’’ is used to accom- sion had become a government-given Government should neither establish a plish something the author of the rather than a God-given, or inalienable national denomination nor hinder its phrase never intended. That phrase right. They feared that the Govern- free exercise of religion. Yet, is it not found nowhere in the Constitution is ment might some day believe that it interesting that today the Federal now used to prohibit what is actually had constitutional authority to regu- Government, specifically the Federal guaranteed by the Constitution, the late the free exercise of religion. courts, now use Jefferson’s ‘‘separa- free exercise of religion. Jefferson understood their concern. tion’’ phrase for a purpose exactly op- It is time to go back to what the It was also his own. He believed, along posite of what he intended? They now Constitution actually says rather than H9298 CONGRESSIONAL RECORD — HOUSE October 4, 1999 to what some opponents of religion In Pennsylvania, because a pros- spite the first amendment’s explicit wish that it said. ecuting attorney mentioned seven guarantee for the free exercise of reli- Mr. Speaker, I yield to the gentleman words from the Bible in the courtroom, gion. This is ridiculous. It has gone too from Alabama (Mr. ADERHOLT). a statement which lasted actually less far, Mr. Speaker. Mr. ADERHOLT. Mr. Speaker, I than 5 seconds, a jury sentence was It appears that every conceivable ef- thank the gentleman for yielding to overturned for a man convicted of bru- fort is being made to hide religion as if me. I think he makes some very excel- tally clubbing a 71-year-old woman to it were something sinister and per- lent points on his discussion about sep- death. nicious, to banish it from the public aration of church and state, and I In Ohio, courts ruled that it was un- view as if it were monstrous and dia- would like to expound on that just a constitutional for a board of education bolic, to punish those who publicly pur- bit. to use or refer to the word ‘‘God’’ in its sue it as if they were sinister threats In several measures recently debated official writings. to our society, to put them under house within this chamber, the topic of pro- In California, a judge told a public arrest and demand that they not prac- tecting traditional religious expres- cemetery that it was unconstitutional tice their beliefs outside their home or sions was made. In each case opponents to have a planter in the shape of a places of worship. were quick to claim that such protec- cross, for if someone were to view that This body should not aid and should tions would violate the First Amend- cross, it could cause emotional distress not abet the hostility against people of ment’s separation of church and state. and thus constitute an injury-in-fact. faith and against traditional expres- Interestingly, the First Amendment’s In Omaha, Nebraska, a student was sions of faith, and no Member of this religion clause states: ‘‘Congress shall prohibited from reading his Bible si- body should be party to confusing the make no law respecting and establish- lently during free time or even to open clear, self-evident wording of the Con- ment of reference list or prohibiting his Bible at school. stitution or misleading the American the free exercise thereof.’’ b 2200 public by claiming the first amend- Despite what many claim, the phrase ment says something that it does not. ‘‘separation of church and state’’ ap- In Alaska, schools were prohibited The first amendment says only that pears nowhere in the Constitution. In from using the word ‘‘Christmas’’ at ‘‘Congress shall make no law respect- fact, one judge recently commented: school, from exchanging Christmas ing establishment of religion or prohib- ‘‘So much has been written in recent cards or presents, or from displaying iting the free exercise thereof.’’ It says years to a wall of separation between anything with the word ‘‘Christmas’’ nothing about separation of church and church and state that one would al- on it because it contained the word state. We should get back to upholding most think at times that it would be ‘‘Christ.’’ what the Constitution actually says, found somewhere in our Constitution.’’ In Missouri, Oklahoma, New Mexico not upholding what some people wish And Supreme Court Justice Potter and Illinois, courts told cities that that it said. It is time for reliance on Stewart also observed: ‘‘The metaphor when they compose their city seals, the separation rhetoric to diminish and of the ‘wall of separation’ is a phrase seals with numerous symbols that rep- for reliance on actual constitutional nowhere to be found in the Constitu- resent the diverse aspects of the com- wording to increase. tion.’’ munity, such as industry, commerce, Now, of course, none of us in this And current Chief Justice William history and schools, that not even one Chamber desire that we pick one par- Rehnquist also noted: ‘‘The greatest in- of those symbols can acknowledge the ticular denomination to be chosen for jury of the ‘wall’ notion is its mis- presence of religion within the commu- the United States. However, this Na- chievous diversion from the actual in- nity, even if the name of the city is re- tion was founded on Judeo-Christian tentions of the drafters of the Bill of ligious, or if the city was founded for a principles and that is just a part of our Rights. The ’wall of separation between religious purpose. history. And at the same time all of us church and state’ is a metaphor based In South Dakota, a judge ruled that a in this Chamber, every Member of this on bad history. It should be frankly kindergarten class may not even ask body, and I think every Member of this and explicitly abandoned.’’ the question of whose birthday is cele- country, welcomes with open arms peo- The phrase ‘‘separation of church and brated at Christmas. ple of all faiths into these United state’’ was given in a private letter in In Texas, a high ranking official from States. 1802 from President Thomas Jefferson the national drug czar’s office who reg- Mr. PITTS. I want to thank the gen- to the Baptists of Danbury, Con- ularly conducts public school anti-drug tleman from Alabama for highlighting necticut, to reassure them that their rallies was prohibited from doing so be- the magnitude, the nature of the prob- free exercise of religion would never be cause even though he was an anti-drug lem in this country. As he mentioned, infringed on by the Federal Govern- expert, he was also a minister and thus the court case in Pennsylvania, I re- ment. was disqualified from delivering his member very well a few years ago. It Now that phrase means exactly the secular anti-drug message. was in the Supreme Court chamber opposite of what Jefferson intended. In In Oregon, it was ruled that it is un- where this lawyer, referred to a paint- fact, the phrase ‘‘separation of church constitutional for a war memorial to ing which was behind the justices on and state’’ has recently become a Fed- be erected in the shape of a cross. the wall, a painting of the Ten Com- eral hunting license against traditional In Michigan, courts said that if a stu- mandments and he said, ‘‘As the Bible religion in this country. dent prays over his lunch, it is uncon- says, ‘Thou shall not kill’ ’’ and then he For example, in Texas a judge struck stitutional for him to pray aloud. went on with his arguments. And for down a song which was sung during a Although States imprint thousands making that statement, that convic- voluntary extracurricular institute ac- of special-order custom license plates, tion of that murderer who murdered tivity because the Congress had pro- which I am sure everyone has seen that elderly person was overturned. moted values such as honesty, truth, driving down the highway, for indi- Mr. Speaker, I yield to the gentleman courage, and faith in the form of a vidual citizens each year, the State of from Colorado (Mr. TANCREDO). prayer. Oregon refused to print the word Mr. TANCREDO. Mr. Speaker, we are In Virginia, a student told to write ‘‘PRAY,’’ the State of Virginia refused gathered here tonight, my colleagues her autobiography in her English class to print ‘‘GOD 4 US,’’ and the State of and I, to destroy a number of myths, was forced to change her own life story Utah refused to print ‘‘THANK GOD,’’ myths that abound in this country, because in her autobiography she had claiming that such customized license myths that have done enormous dam- talked about how important religion plates which were of course made at age to the framework of the Constitu- was in her life. the request of the individual pur- tion and to the moral fabric of the Na- In Minnesota, it was ruled that even chasing them, violated the ‘‘separation tion, as a matter of fact. when artwork is a historical classic, it of church and state.’’ In recent debates in this Chamber may not be predominantly displayed in There are scores of other examples. over the juvenile justice bill, the bill of schools if it depicts something reli- They are all based on a nonconstitu- the display of the Ten Commandments, gious. tional phrase. And all of this occurs de- and the resolution for a day of prayer October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9299 and fasting, the topic of religion was amendment occurring from June 7 to Mr. WAMP. I thank the gentleman raised. In each case, Members of this September 25, 1789. Over those months, for yielding. Chamber who are opponents of such re- 90 Founding Fathers in the first Con- Mr. Speaker, as I listened to the de- ligious expressions arose to decry the gress debated and produced the first bate this summer over religious liberty measures, claiming that for Congress amendment. Those records make one issues, I was struck by a remark made to support such measures was a viola- thing very clear: In months of recorded by a Member opposing the free exercise tion of the first amendment’s religious decisions over the first amendment, of religion. One amendment to the ju- clause. not one single one of the 90 Founding venile justice bill here in the House Their arguments reflect a major mis- Fathers who framed the Constitution’s forbids discriminating against people understanding of the first amendment. religious clause ever mentioned the of faith involved in juvenile rehabilita- Much of this misunderstanding centers phrase ‘‘separation of church and tion programs. An usual objection was around the often used, and often state.’’ It does seem that if this had made against that amendment, and I abused, phrase ‘‘separation of church been their intent, that at least one of quote: and state.’’ So often have we been told them would have said something about ‘‘The amendment seeks to incor- that separation of church and state is it. Not one did. Not even one. porate religion into our justice system. the mandate of the first amendment So, then, what was their intent? Both of these entities have distinct that polls now show a majority of Again, the congressional records make places in our society and are not to be Americans believe this phrase actually it clear. In fact, James Madison’s pro- combined.’’ That is amazing. They believe that if appears in the first amendment. It does posed wording speaks volumes about intent. James Madison recommended we forbid discrimination against people not. In fact, not only does this phrase of faith, it somehow unconstitutionally ‘‘separation of church and state’’ ap- that the first amendment say, ‘‘The civil rights of one shall not be abridged incorporates religion into society. Un- pear nowhere in the first amendment, fortunately, it appears that many in it appears nowhere in the Constitution. on account of religious belief or wor- ship, nor shall any national religion be today’s legal system agree that it is What the first amendment does say appropriate to discriminate against about religion actually is very short established.’’ Madison, like the others, wanted to faith. and self-explanatory. The first amend- For example, in Florida, during a ment simply states, and I quote, ‘‘Con- make sure that the Federal Congress could not establish a national religion. murder trial of a man for the brutal gress shall make no law respecting an Notice, too, how subsequent discus- slaying of a 4-year-old child, the judge establishment of religion or prohib- sions confirm this. For example, the ordered the courthouse copy of the Ten iting the free exercise thereof.’’ congressional records for August 15, Commandments to be covered for fear Those words are not difficult to un- that if the jurors saw the command derstand. They are, in fact, plain 1789 report: ‘‘Mr. Peter Sylvester of New York ‘‘Do not kill,’’ they would be prejudiced English. Nevertheless, some Members feared the first amendment might be against the defendant. among us and some members of the thought to have a tendency to abolish In Pennsylvania, because a pros- court have placed some strange and ob- religion altogether. The state seemed ecuting attorney mentioned seven scure meanings on these very plain to entertain an opinion that it enabled words from the Bible in the courtroom, words. For example, how can the Congress to establish a national reli- a statement that lasted less than 5 sec- phrase ‘‘Congress shall make no law’’ gion. Mr. Madison thought if the word onds over the course of a multiday be interpreted to mean that an indi- ‘national’ was inserted before ‘reli- trial, the jury’s sentence of a man con- vidual student cannot offer a gradua- gion,’ it would point the amendment victed of brutally clubbing a 71-year- tion prayer? That is, how does ‘‘stu- directly to the object it was intended old woman to death was overturned. In Nebraska, a man convicted for the dent’’ mean the same thing as ‘‘Con- to prevent.’’ gress’’? Or how does ‘‘saying a prayer’’ The records are clear. The purpose of repeated sexual assault and mean the same thing as ‘‘making a the first amendment was only to pre- sodomization of a 13-year-old child had law?’’ Yet this is what a number of op- vent the establishment of a national his sentence overturned because a Bible verse had been mentioned in the ponents of public religious expression denomination by the Federal Congress. courtroom. now claim the first amendment pro- The first amendment was never in- hibits. That is incredible. Despite the DNA tended to stifle public religious expres- evidence and the eyewitness testimony Similarly, apparently coming under sion, nor was it intended to prevent the prohibition that ‘‘Congress shall used to convict a murderer and a child this body from encouraging religion in molester, the mere mention of a reli- make no law’’ is a city council’s deci- general. Only in recent years has the sion about what goes on its city seal, gious passage was so egregious that it meaning of the first amendment begun caused the physical evidence to be set or a judge’s decision to post the Ten to change in the hands of activists who Commandments, or the display of a aside and the sentences to be over- are intolerant of public religious ex- turned. The mention of religion in a cross within a local community ceme- pressions. tery, or participation in a faith-based public civil setting is apparently more It is unfortunate that some Members dangerous than the threat posed by drug rehabilitation program in an of this body have decided to adopt this inner city. It is absurd to claim that convicted murderers and child molest- new religion ‘‘hostile-meaning’’ for the ers. the word ‘‘Congress’’ in the first first amendment. No Member of this What is the root of this doctrine that amendment now means individual stu- body should be part of obfuscating the is so hostile to religion? According to dents, local communities, school clear, self-evident wording of the Con- the left wing in this country, the doc- boards, or city councils. stitution or misleading the American trine finds its roots, and I quote, ‘‘in Have we really lost our ability to un- public by claiming the first amend- the major precepts that our Nation was derstand simple words? Will our con- ment says something it does not. We founded on the separation of church stitutional interpretation be guided by should stick with what the first and state.’’ a phrase which appears nowhere in the amendment actually says rather than b Constitution? Yet those who wish to what the constitutional revisionists 2215 rewrite the first amendment also tell wish that it had said. Tonight, Mr. Speaker, we are ad- us that the phrase ‘‘separation of Mr. PITTS. I thank the gentleman dressing the origin, the meaning and church and state’’ reflects the intent of from Colorado for that quote from the the abuse of the phrase ‘‘separation of those who framed the first amendment. committee action as the first amend- church and state,’’ and just as it is To know if this is true, all we need to ment went through its drafts. That easy to show that our opponents across do is check the congressional records, truly is very enlightening to consider the aisle are wrong about their use of readily accessible to us in this very what the framers said as they did the that phrase, it is equally to show how building, or to citizens in their public committee debate in drafting the first wrong they are about their claim that libraries. amendment. the exclusion of religion from civil jus- We can read the entire debate sur- Mr. Speaker, I yield to the gentleman tice is a major precept on which our rounding the framing of the first from Tennessee (Mr. WAMP). Nation was founded. H9300 CONGRESSIONAL RECORD — HOUSE October 4, 1999 Consider, for example, the words of as a Member of this body for a decade, night. As I listen, this is not about set- James Wilson, an original Justice of a Member of the other body for two ting the RECORD straight, this is about the U.S. Supreme Court, the founder of decades, declared ‘‘Our system of oath re-confirming what the RECORD really the first system of legal education in in all our courts by which we hold lib- says. America and a signer of both the Con- erty and property and all our rights are This body is properly called the Peo- stitution and the Declaration. Justice founded on a religious belief.’’ ple’s House, and since it is elected by Wilson declared, quote: And in 1854 our own House Com- the people, it offers a fairly good cross- ‘‘Human authority must ultimately mittee on the Judiciary declared, section of America. Our Members come rest its authority upon the authority of quote: from every conceivable professional that law which is devine. Far from ‘‘Laws will not have permanence or background, from numerous ethnic being rivals or enemies, religion and power without the sanction of religious groups, from rural, suburban and urban law are twin sisters, friends and mu- sentiment without a firm belief that areas, and we hold views from conserv- tual assistants. Indeed these two there is a power above us that will re- ative to ultra-liberal and everything in sciences run into each other. It is pre- ward our virtues and punish our vices.’’ between. posterous to separate them from each And Chancellor James Kent, a father We seem to represent a cross-section other.’’ of American jurisprudence, a famous of America on everything except reli- Clearly, Constitution signer and judge, a legal instructor, taught that gious faith. In fact, on that subject it original Supreme Court Justice James an oath was a religious solemnity and seems that some Members of this body Wilson strongly disagreed with today’s that to administer an oath was to call demand that we misrepresent the views left wing, and Constitution signer in the aid of religion. of American people. We have heard James McHenry also disagreed with Constitution signer George Wash- them in a number of our debates in re- him. He declared, quote: ington also declared that a courtroom cent weeks objecting to any acknowl- ‘‘The holy scriptures can alone se- oath was inherently religious. As he edgment of God and even objecting to cure to our courts of justice and con- explained, quote: permitting citizens to choose faith- stitutions of government purity, sta- ‘‘Where is the security for property, based programs. bility and usefulness. In vain, without for reputation, for life if the sense of Ironically, our longstanding con- the bible, we increase penal laws and religious obligation deserts the oath stitutional guarantee for a freedom of draw entrenchments around our insti- which are the instruments of investiga- religion has been twisted by some in tutions.’’ tion in courts of justice?’’ this body into a demand for a freedom Additional proof that there was no There are substantial legal authori- from religion. These Members demand intent to exclude religious influences ties, original signers of the Constitu- that this body represent itself in its from civil justice is actually provided tion, original Justices of the Supreme practical policy as being atheistic, as by the history of the Supreme Court. Court, founders of early law schools, excluding all mention of God. The ri- There were six justices of the original authors of early legal text, and they all diculous nature of this demand was ex- Supreme Court; three of them had agree that religion was not to be sepa- posed over a century ago by Princeton signed the Constitution, and another rated from civil justice. University President Charles Hodge. He one of them had authored the Fed- The claim made by those across the explained, and I quote: eralist Papers. So it is safe to assume aisle that the exclusion of religious in- ‘‘Over the process of time thousands that those on the original court knew fluences from the civil arena is one of have come from among us from many what was constitutional. the Nation’s founding principles is no religious faiths. All are welcomed, all According to the records of the U.S. more true than their claim that the are admitted to equal rights and privi- Supreme Court, a regular practice of First Amendment says that there is a leges. All are allowed to acquire prop- these original justices was to have a separation of church and state. The erty and to vote in every election, minister come into the courtroom, First Amendment simply says, and I made eligible to hold all offices and in- offer a prayer over the jury before it quote: vested with equal influence in all pub- retired for its deliberation. Religion in ‘‘Congress shall make no law respect- lic affairs. All are allowed to worship the courtroom and by our Founding ing an establishment of religion or pro- as they please or not to worship at all Fathers. But I thought that our col- hibiting the free exercise thereof.’’ if they see fit. No man is molested for leagues across the aisle said that the The First Amendment says that we his religion or his want of religion. No exclusion of religion from civil justice in Congress cannot pass a law to estab- man is required to profess any form of was one of our founding principles. lish a national religion or to prohibit faith or to join any religious associa- Well, perhaps the signers of the Con- religious expression, but the First tion. More than this cannot reasonably stitution just did not understand the Amendment says nothing about separa- be demanded. More, however, is de- Constitution. tion of church and state, and there is manded. The infidel demands that the No, to the contrary. The problem is also nothing in the Constitution or in government should be conducted on the that today some people do not under- early American records which requires principle that Christianity is false. The stand the Constitution. legal justice to be hostile to or to ex- atheist demands that it should be con- One final piece of irrefutable evi- clude religious influences. ducted on the assumption that there is dence proving that our legal system So to oppose a measure that pro- no God. The sufficient answer to all never intended to exclude religious in- hibits discrimination against people of this is that it cannot possibly be done. fluences is the oath taken in the court- faith and to claim that such an anti- The demands of those who require that room. Some today argue that the oath discriminatory measure would violate religion should be ignored in our laws has nothing to do with religion, but the Constitution is not only a travesty are not only unreasonable, but they are those who gave us our Constitution dis- of history and of the Constitution, but in the highest degree unjust and tyran- agree. For example, Constitution sign- of the very justice system which some nical.’’ er Rufus King declared: people claim they are protecting. Even though a century has passed ‘‘By the oath which our laws pre- I thank the gentleman from Pennsyl- since Charles Hodge delivered this scribe, we appeal to the supreme being vania for bringing us together to shed speech, many in this chamber are still so to deal with us hereafter as we ob- light on a fundamental liberty in our making the same unjust and tyrannical serve the obligation of our oaths.’’ Republic, the freedom of religion. demands. Although national studies And Justice James Iredell, placed on Mr. PITTS. Mr. Speaker, I thank the consistently show that only 6 to 7 per- the Supreme Court by President gentleman from Tennessee for that ex- cent of Americans have no belief in George Washington, similarly noted an cellent explanation and now yield to God, critics among us want to cater oath is considered a solemn appeal to the gentleman from North Carolina solely to the 6 or 7 percent and to sac- the supreme being for the truth of (Mr. HAYES). rifice the beliefs of the 93 percent at what is being said by a person. Mr. HAYES. Mr. Speaker, I thank the feet of the 7. It should not be done. And Daniel Webster, the great de- the gentleman from Pennsylvania for During our debates on allowing indi- fender of the Constitution who served putting this special order together to- vidual States to choose whether or not October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9301 they wish to display the Ten Com- ‘‘All of us have observed frequent in- mary role that religion played in pub- mandments, many in this body ob- stances of a superintending Providence lic life and in private life, yet without jected to those voluntary displays ar- in our favor, and have we now forgot- the establishment of one particular de- guing that our policies should reflect ten that powerful friend, or do we nomination. the religion-free beliefs of the 6 or 7 imagine we no longer need his assist- So, my friends, as we continue to percent who do not believe in God. For- ance? Without his convincing aid we consider the many policies that lie be- tunately, this body chose otherwise, shall succeed in this political building fore us, like Charitable Choice, like Op- and during our debates on encouraging no better than the builders of Babel, portunity Scholarships for children a day so that people who wished could and we ourselves shall become a re- who go to religious schools, like gov- join together across the Nation to proach and byword down to future ernment contracting with faith-based humble themselves, fast and cor- ages.’’ institutions, even the posting of the porately pray for national reconcili- Very simply, it was never intended Ten Commandments on public prop- ation, again many in this body ob- and never envisioned that this body erty, let us do so with the true inten- jected to that, wishing to see our pol- should pursue its policies with the tion of the framers in mind. That in- icy reflect solely the anti-religious practical denial of the existence of tention was to allow religion both to wishes of those in this Nation who do God. Yet this is what many in the body flourish and to inform public life, yet not believe in God. Again, fortunately are demanding. We heard their criti- still without naming a particular na- the majority of this body chose other- cism during discussion on the Ten tional or Federal religion or denomina- wise, even though we fell short of the Commandments bill, on the resolution tion. That is fully possible. Instead of necessary two-thirds margin for ap- calling for a day of humiliation, prayer shutting it out and denying even the proval. and reconciliation and on the juvenile purely practical solution that it offers, Although we continually hear that justice bill; and not only did they criti- let us not be afraid of the good that re- with government-funded medical care cize these measures, they even had the ligion can and does bring to public life. there should be citizen choice when it shameless gall to tell us that the Con- Indeed, it has helped to build a great comes to allowing similar citizen stitution demanded that we show fa- Nation. choice in selecting social service pro- voritism toward nonreligion. They told f grams or criminal rehabilitation pro- us that the First Amendment mandate grams or educational programs, Mem- on separation of church and state could LEAVE OF ABSENCE bers of this body insist that faith-based not be satisfied if we passed policies By unanimous consent, leave of ab- programs must be excluded from their which acknowledge God. sence was granted to: choices. Interesting. We encourage par- b 2230 Ms. MCKINNEY (at the request of Mr. ticipation in religion-free programs, GEPHARDT) for today through the end but we penalize involvement in faith- It is time for those critics to reread of business on October 6 on account of based programs. This is simply another the Constitution which they swore to a death in the family. example of catering to extremists. uphold. Nowhere does the First Amend- Mrs. FOWLER (at the request of Mr. Frankly, despite what some Members ment, or, for that matter, any part of ARMEY) for today until 6:30 p.m. on ac- of the body may claim, we are not re- the Constitution, mention anything count of medical reasons. quired to conduct government as if God about a separation of church and state, Mrs. CHENOWETH-HAGE (at the re- did not exist. In the first official speech but it does guarantee in its own words quest of Mr. ARMEY) for today until 7:00 ever delivered by President George the free exercise of religion. Yet some p.m. on account of her wedding. Washington, he urged us to seek poli- in this body would deny citizens rights f cies which openly acknowledge God. He which do appear in the Constitution be- explained, and I quote: cause of a phrase which does not. SPECIAL ORDERS GRANTED ‘‘It would be peculiarly improper to It is time for this body to get back to By unanimous consent, permission to omit in this first official act my fer- upholding the actual wording of the address the House, following the legis- vent supplications to that almighty Constitution, rather than the wording lative program and any special orders being who rules over the universe. No of revisionists who would reread our heretofore entered, was granted to: people can be bound to acknowledge Constitution. (The following Members (at the re- and adore the invisible hand which con- Mr. PITTS. Mr. Speaker, I would like quest of Mrs. CHRISTENSEN) to revise ducts the affairs of men more than to thank the gentleman from North and extend their remarks and include those of the United States. We ought to Carolina for his very informative com- extraneous material:) be no less persuaded that the pro- ments and for reminding us of the Mr. LIPINSKI, for 5 minutes, today. pitious, favorable smiles of heaven can quotes from our founders, Washington, Ms. WATERS, for 5 minutes, today. never be expected on a Nation that dis- Franklin and others. Mrs. CLAYTON, for 5 minutes, today. regards the eternal rules of order and I want to say a final thank you to all Ms. JACKSON-LEE of Texas, for 5 min- right which heaven itself has or- the participating Members tonight. It utes, today. dained.’’ has been a real inspiration to listen to (The following Members (at the re- And in his farewell address 8 years each one of the Members as they quest of Mr. ISAKSON) to revise and ex- later, he reiterated his policy declar- shared the very words of our founding tend their remarks and include extra- ing, quote: documents and our Founding Fathers neous material:) ‘‘Of all the habits and dispositions regarding the First Amendment. Mr. MCINNIS, for 5 minutes, today. which lead to political prosperity, reli- As we have listened to these words, it Mr. KASICH, for 5 minutes, today. gion and morality are indispensable becomes crystal clear that, to the ex- Mr. SMITH of Michigan, for 5 minutes, supports. The mere politician ought to tent that the First Amendment ad- today and October 6. respect and cherish them. Can it be a dresses the interaction between public Mr. PAUL, for 5 minutes, today. good policy which does not equally in- life and religious belief, it is this: That f clude them?’’ the only thing the First Amendment Patrick Henry, one of the leading in- prohibited was the Federal establish- ENROLLED BILL SIGNED dividuals responsible for the Bill of ment of a national denomination. The Mr. THOMAS, from the Committee Rights similarly declared: freedom of religion, therefore, is to be on House Administration, reported ‘‘The great pillars of all government protected from encroachment by the that that committee had examined and and of social life are virtue, morality state, by the government, not the found truly enrolled a bill of the House and religion. This is the armor, my other way around. of the following title, which was there- friend, and this alone that renders us Mr. Speaker, the words of our found- upon signed by the Speaker: invincible.’’ ing fathers are many, from Wash- H.R. 2084. An act making appropriations Even Benjamin Franklin reminded ington, to Franklin, to Madison, to Jef- for the Department of Transportation and the delegates at the Constitutional ferson and others. Each one of these related agencies for the fiscal year ending Convention, quote: men was fully committed to the pri- September 30, 2000. and for other purposes. H9302 CONGRESSIONAL RECORD — HOUSE October 4, 1999 SENATE ENROLLED BILLS SIGNED 4633. A letter from the Deputy Assistant 503(a)(1)(A) (101 Stat. 468); jointly to the Administrator, Drug Enforcement Adminis- Committees on Appropriations and Govern- The SPEAKER announced his signa- tration, transmitting the Adminstration’s ment Reform. ture to enrolled bills of the Senate of final rule—Schedules of Controlled Sub- 4646. A letter from the Commission of the the following titles: stances: Placement of Zaleplon Into Sched- Federal Government to Combat the Pro- S. 323. An act to redesignate the Black ule IV [DEA–182F] received September 24, liferation of Weapons of Mass Destruction, Canyon of the Gunnison National Monument 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the transmitting the report of the Commission as a national park and establish the Gunni- Committee on Commerce. to Assess the Organization of the Federal son Gorge National Conservation Area, and 4634. A letter from the Director, Office of Government to Combat the Proliferation of for other purposes. Congressional Affairs, Nuclear Regulatory Weapons of Mass Destruction; jointly to the S. 1606. An act to extend for 9 additional Commission, transmitting the Commission’s Committees on International Relations and months the period for which chapter 12 of final rule—Industry Codes and Standards; Armed Services. title 11, United States Code, is reenacted. Amended Requirements (RIN: 3150–AE26) re- 4647. A letter from the Acting Director, De- ceived September 28, 1999, pursuant to 5 fense Security Cooperation Agency, Depart- f U.S.C. 801(a)(1)(A); to the Committee on ment of Defense, transmitting a report au- BILL PRESENTED TO THE Commerce. thorizing the transfer of up to $100M in de- PRESIDENT 4635. A letter from the Assistant Secretary fense articles and services to the Govern- for Legislative Affairs, Department of State, ment of Bosnia-Herzegovina; jointly to the Mr. THOMAS, from the Committee transmitting the President’s Memorandum Committees on International Relations and on House Administration, reported of Justification regarding the drawdown of Appropriations. that that committee did on the fol- defense articles and services for United Na- 4648. A letter from the Deputy Executive lowing date present to the President, tions Interim Administration in Kosovo, pur- Secretary to the Secretary, Department of for his approval, a bill of the House of suant to 22 U.S.C. 2411; to the Committee on Health and Human Services, transmitting International Relations. the Service’s final rule—Medicare Program; the following title: 4636. A letter from the Director, Office of Revision of the Procedures for Requesting On September 30, 1999: Procurement and Property Management, De- Execeptions to Cost Limits for Skilled Nurs- H.R. 2981. To extend energy conservation partment of Agriculture, transmitting the ing Facilities and Elimination of Reclassi- programs under the Energy Policy and Con- Department’s final rule—Agriculture Acqui- fications [HCFA–1883–F] (RIN: 0938–AI80) re- servation Act through March 31, 2000. sition Regulation: Part 413 Reorganization: ceived August 9, 1999, pursuant to 5 U.S.C. f Simplified Acquisition Procedures [AGAR 801(a)(1)(A); jointly to the Committees on Case 96–05] (RIN: 0599–AA04) received August Ways and Means and Commerce. ADJOURNMENT 27, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to f Mr. PITTS. Mr. Speaker, I move that the Committee on Government Reform. 4637. A letter from the Acting Director, REPORTS OF COMMITTEES ON the House do now adjourn. United States Information Agency, trans- PUBLIC BILLS AND RESOLUTIONS The motion was agreed to; accord- mitting the 1999 Integrity Act Report To The ingly (at 10 o’clock and 34 minutes Under clause 2 of rule XIII, reports of President and Congress; to the Committee on committees were delivered to the Clerk p.m.), under its previous order, the Government Reform. House adjourned until tomorrow, Tues- 4638. A letter from the Assistant Secretary for printing and reference to the proper day, October 5, 1999, at 9 a.m., for for Fish and Wildlife and Parks, Department calendar, as follows: morning hour debates. of the Interior, transmitting a draft bill ‘‘To Mr. YOUNG of Alaska: Committee on Re- amend the Act establishing Big Thicket Na- sources. H.R. 20. A bill to authorize the Sec- f tional Preserve’’; to the Committee on Re- retary of the Interior to construct and oper- EXECUTIVE COMMUNICATIONS, sources. ate a visitor center for the Upper Delaware 4639. A letter from the Deputy Assistant Scenic and Recreational River on land owned ETC. Attorney General, Office of Policy Develop- by the State of New York (Rept. 106–361). Re- Under clause 8 of rule XII, executive ment, Department of Justice, transmitting ferred to the Committee of the Whole House communications were taken from the the Department’s final rule—Civil Monetary on the State of the Union. Speaker’s table and referred as follows: Penalties Inflation Adjustment [AG Order Mr. YOUNG of Alaska: Committee on Re- No. 2249–99] (RIN: 1105–AA48) received August sources. H.R. 1665. A bill to allow the Na- 4628. A letter from the Congressional Re- 30, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to tional Park Service to acquire certain land view Coordinator, Animal and Plant Health the Committee on the Judiciary. for addition to the Wilderness Battlefield in Inspection Service, Department of Agri- 4640. A letter from the Assistant Secretary Virginia, as previously authorized by law, by culture, transmitting the Department’s final for Legislative Affairs, Department of State, purchase or exchange as well as by donation; rule—Veterinary Services User Fees; Import transmitting the Department’s final rule— with an amendment (Rept. 106–362). Referred of Entry Services at Ports [Docket No. 98– Technical Corrections to Regulations Re- to the Committee of the Whole House on the 006–2] received September 24, 1999, pursuant garding the Issuance of Immigrant and Non- State of the Union. to 5 U.S.C. 801(a)(1)(A); to the Committee on immigrant Visas [Public Notice 2980] (RIN: Ms. PRYCE of Ohio: Committee on Rules. Agriculture. 1400–AB03) received September 24, 1999, pur- House Resolution 321. Resolution providing 4629. A letter from the Under Secretary of suant to 5 U.S.C. 801(a)(1)(A); to the Com- for consideration of the bill (H.R. 764) to re- Defense, Department of Defense, transmit- mittee on the Judiciary. duce the incidence of child abuse and ne- ting a Plan to Ensure Visibility of In-Transit 4641. A letter from the Legion of Valor of glect, and for other purposes (Rept. 106–363). End Items and Secondary Items; to the Com- the United States of America, Inc., transmit- Referred to the House Calendar. mittee on Armed Services. ting a copy of the Legion’s annual audit as of f 4630. A letter from the Legislative and Reg- April 30, 1999, pursuant to 36 U.S.C. 1101(28) ulatory Activities Division, Comptroller of and 1103; to the Committee on the Judiciary. TIME LIMITATION OF REFERRED the Currency, Administrator of National 4642. A letter from the Deputy General BILL Banks, transmitting the Department’s final Counsel, Small Business Administration, Pursuant to clause 5 of rule X the fol- rule—Guidelines Establishing Year 2000 transmitting the Administration’s final Standards for Safety and Soundness for Na- rule—Pre-Disaster Mitigation Loans—re- lowing action was taken by the Speak- tional Bank Transfer Agents and Broker- ceived September 21, 1999, pursuant to 5 er: Dealers [Docket No. 99–12] (RIN: 1557–AB73) U.S.C. 801(a)(1)(A); to the Committee on [Omitted from the Record of October 1, 1999] received September 29, 1999, pursuant to 5 Small Business. H.R. 1788. Referral to the Committee on U.S.C. 801(a)(1)(A); to the Committee on 4643. A letter from the Secretary of Labor, Government Reform extended for a period Banking and Financial Services. transmitting the quarterly reports on the ex- ending not later than October 6, 1999. 4631. A letter from the Chairman, Federal penditure and need for worker adjustment f Deposit Insurance Corporation, transmitting assistance training funds under the Trade a copy of the Corporation’s Annual Report Act of 1974, pursuant to 19 U.S.C. 2296(a)(2); PUBLIC BILLS AND RESOLUTIONS for calendar year 1998, pursuant to 12 U.S.C. to the Committee on Ways and Means. Under clause 2 of rule XII, public 1827(a); to the Committee on Banking and Fi- 4644. A letter from the Executive Office of bills and resolutions of the following nancial Services. the President, transmitting a proposal to 4632. A letter from the Managing Director, amend the U.S. textile and apparel rules of titles were introduced and severally re- Federal Housing Finance Board, transmit- origin; to the Committee on Ways and ferred, as follows: ting the Board’s final rule—Availability of Means. By Mr. YOUNG of Alaska: Unplublished Information [No. 99–42] (RIN: 4645. A letter from the Secretary of Health H.R. 3002. A bill to provide for the contin- 3069–AA81) received September 3, 1999, pursu- and Human Services, transmitting a report ued preparation of certain useful reports ant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agency Drug-Free Workplace Plans, pur- concerning public lands, Native Americans, on Banking and Financial Services. suant to Public Law 100–71, section fisheries, wildlife, insular areas, and other October 4, 1999 CONGRESSIONAL RECORD — HOUSE H9303

natural resources-related matters, and to re- Speaker, in each case for consideration of H.R. 1274: Mrs. MEEKS of New York, and peal provisions of law regarding terminated such provisions as fall within the jurisdic- Mr. FALEOMAVAEGA. reporting requirements concerning such tion of the committee concerned. H.R. 1310: Mr. NUSSLE, Mr. SHAW, Mr. matters; to the Committee on Resources. By Mr. FRANKS of New Jersey (for UPTON, Mr. ABERCROMBIE, Mrs. MORELLA, Ms. By Mr. WELDON of Pennsylvania (for himself, Mrs. CLAYTON, Mrs. KELLY, NORTON, Mr. HASTINGS of Florida, Mr. FIL- himself and Mr. GONZALEZ): Mrs. ROUKEMA, Mr. GILMAN, Mr. NER, Mrs. NAPOLITANO. Mr. TANCREDO, Ms. H.R. 3003. A bill to amend title XVIII of the FRELINGHUYSEN, Mr. LOBIONDO, Mr. ROS-LEHTINEN, Ms. STABENOW, Mr. THOMPSON Social Security Act to designate certified di- SMITH of New Jersey, Mr. SAXTON, of California, Mr. PICKETT, Mr. ISAKSON, Mr. abetes educators recognized by the National Mr. PAYNE, Mr. ROTHMAN, Mr. HOEKSTRA, Ms. VELAZQUEZ, Mr. KENNEDY of Certification Board of Diabetes Educators as PASCRELL, Mr. PALLONE, Mr. MENEN- Rhode Island, Mr. UNDERWOOD, Mr. MAR- certified providers for purposes of outpatient DEZ, Mr. BURR of North Carolina, Mr. TINEZ, Mr. DIXON, Mr. LEWIS of Georgia, Mr. diabetes education services under part B of WATT of North Carolina, Mr. GONZALEZ, and Mr. COX. the Medicare Program; to the Committee on BALLENGER, Mr. MCINTYRE, Mr. H.R. 1311: Mr. WEINER, Mr. NUSSLE, Mr. Commerce, and in addition to the Committee ETHERIDGE, Mr. HASTINGS of Florida, BOUCHER, Ms. LOFGREN, Mr. CANADY, of Flor- on Ways and Means, for a period to be subse- Mr. HINCHEY, Mrs. FOWLER, Mr. ida, Mr. LEWIS of Kentucky MS. PELOSI, Mrs. quently determined by the Speaker, in each JONES of North Carolina, Mr. COBLE, CLAYTON, Mr. SANDERS, Mr. DIXON, Mr. LEWIS case for consideration of such provisions as and Mr. HAYES): of Georgia, and Mr. RYAN of Wisconsin. fall within the jurisdiction of the committee H. Res. 322. A resolution expressing the H.R. 1320: Ms. STABENOW. concerned. sense of the House of Representatives in H.R. 1334: Mr. EWING. By Mr. BROWN of Ohio (for himself, sympathy for the victims of Hurricane H.R. 1337: Mr. WATTS of Oklahoma. Mr. WAXMAN, Mr. STARK, Mr. FROST, Floyd, which struck numerous communities H.R. 1355: Mr. LEWIS of Georgia. Mr. FRANK of Massachusetts, and Mr. along the East Coast between September 14 H.R. 1387: Mr. PHELPS, Mr. MCHUGH, Mr. BRADY of Pennsylvania): and 17, 1999; to the Committee on Transpor- PETRI, Mr. LAFALCE, Mr. GOODE, Mr. STUPAK, H.R. 3004. A bill to amend title XVIII of the tation and Infrastructure. Mr. FRANK of Massachusetts, and Mr. GOR- Social Security Act to permit a Medicare f DON. beneficiary enrolled in a Medicare+Choice H.R. 1443: Mr. KILDEE. plan to elect to receive covered skilled nurs- MEMORIALS H.R. 1452: Mr. LIPINSKI. H.R. 1454: Mr. BROWN of Ohio. ing facility services at the skilled nursing fa- Under clause 3 of rule XII, memorials cility in which the beneficiary or spouse re- H.R. 1456: Mr. CALLAHAN. sides or which is part of the continuing care were presented and referred as follows: H.R. 1541: Mr. TOOMEY. retirement community in which the bene- 253. The SPEAKER presented a memorial H.R. 1579: Mr. WOOLSEY, Mr. MASCARA, Mr. ficiary resides; to the Committee on Ways of the Legislature of the State of California, SIMPSON, Mrs. MEEK of Florida, Mr. BATE- and Means, and in addition to the Committee relative to Assembly Joint Resolution No. 21 MAN, Mrs. BIGGERT, Mr. HINOJOSA, Mr. GARY on Commerce, for a period to be subse- memorializing the President and Congress to MILLER of California, Ms. CARSON, Mr. quently determined by the Speaker, in each reject and condemn any suggestions that OWENS, Ms. MCKINNEY, and Mr. COLLINS. case for consideration of such provisions as sexual relations between children and adults, H.R. 1598: Mr. SAXTON. fall within the jurisdiction of the committee except for those that may be legal in the var- H.R. 1648: Mr. HILL of Indiana. concerned. ious states under statutes pertaining to mar- H.R. 1650: Mr. DEFAZIO. H.R. 1657: Mr. LUTHER. By Mr. CAMPBELL: riage, are anything but abusive, destructive, H.R. 3005. A bill to establish an Inde- exploitive, reprehensible, and punishable by H.R. 1879: Mr. CAPUANO. pendent Counsel Commission; to the Com- law; to the Committee on Education and the H.R. 1917: Mr. HOSTETTLER and Mr. mittee on the Judiciary. Workforce. DEFAZIO. H.R. 1926: Mr. MARTINEZ. By Ms. ESHOO: 254. Also, a memorial of the Legislature of H.R. 1954: Mr. BLUNT and Mr. MORAN of Vir- H.R. 3006. A bill to establish a program to the State of California, relative to Assembly ginia. help States expand the existing education Joint Resolution No. 18 memorializing the H.R. 2055: Ms. EDDIE BERNICE JOHNSON of system to include at least 1 year of early President and Congress of the United States Texas and Mr. LIPINSKI. education preceding the year a child enters to enact legislation expanding Medicare ben- H.R. 2060: Mr. FRANK of Massachusetts, Mr. kindergarten; to the Committee on Edu- efits to include the cost of prescription BROWN of Ohio, and Mr. DOYLE. cation and the Workforce. drugs; jointly to the Committees on Com- H.R. 2138: Mr. BRADY of Pennsylvania. By Mr. MEEHAN (for himself and Mr. merce and Ways and Means. H.R. 2162: Mr. SPRATT. HANSEN): f H.R. 2200: Mr. ENGLISH. H.R. 3007. A bill to require the sale and ad- H.R. 2241: Mr. REYNOLDS, Mr. GONZALEZ, vertisement of cigarettes on the Internet to ADDITIONAL SPONSORS Mr. SAXTON, and Mr. ALLEN. meet the warning requirements of the Fed- Under clause 7 of rule XII, sponsors H.R. 2308: Mr. HINOJOSA. eral Cigarette Labeling and Advertising Act; H.R. 2337: Mr. CRANE. to the Committee on Commerce. were added to public bills and resolu- tions as follows: H.R. 2344: Mr. SNYDER and Mr. MORAN of By Mr. OWENS: Virginia. H.R. 3008. A bill to amend the Elementary H.R. 142: Mr. KING. H.R. 2429: Mr. DOOLITTLE. and Secondary Education Act of 1965 to pro- H.R. 148: Mr. PICKETT and Mr. DEFAZIO. H.R. 2463: Mr. SPRATT. vide up-to-date school library media re- H.R. 274: Mr. GUTIERREZ, Mr. CUNNINGHAM, H.R. 2512: Mr. UNDERWOOD. sources and well-trained, professionally cer- Mr. PETRI, Mr. THOMPSON of California, and H.R. 2528: Mr. EVERETT, Mr. PETERSON of tified school library media specialists for el- Mr. GEJDENSON. Minnesota, Mr. OXLEY, Mr. VITTER, and Mr. ementary schools and secondary schools, and H.R. 354: Mr. REYNOLDS. BASS. for other purposes; to the Committee on H.R. 371: Mr. TALENT. H.R. 2538: Mr. COSTELLO. Education and the Workforce. H.R. 563: Mr. INSLEE. H.R. 2576: Mr. PETERSON of Pennsylvania. By Mr. ROEMER (for himself, Mr. H.R. 566: Mr. SANDERS. H.R. 2607: Mr. SENSENBRENNER, Mr. GOR- CLEMENT, Mr. GONZALEZ, Mr. HILL of H.R. 583: Mr. FROST and Ms. RIVERS. DON, Mr. CALVERT, Mr. KUYKENDALL, Mr. Indiana, Mr. LAMPSON, Mrs. MALONEY H.R. 628: Mr. COLLINS. BOEHLERT, Mr. WELDON of Florida, Mr. LUCAS of New York, and Mr. MALONEY of H.R. 670: Mr. BARRETT of Wisconsin, Mr. of Oklahoma, Mr. COOK, Mr. SMITH of Texas, Connecticut): KLINK, Mr. MURTHA, Mr. TURNER, Mr. REYES, Ms. STABENOW, and Mr. LAMPSON. H.R. 3009. A bill to authorize the Secretary Mr. FORD, and Mr. FROST. H.R. 2620: Mr. KIND, Mr. PRICE of North of Education to make grants to State and H.R. 685: Mr. BOSWELL. Carolina, Mr. WEYGAND, and Mr. DEUTSCH. local educational agencies to support pro- H.R. 732: Mr. UDALL of New Mexico. H.R. 2631: Mr. GONZALEZ and Mrs. grams that promote a variety of educational H.R. 750: Mr. OLVER and Ms. DELAURO. NAPOLITANO. opportunities, options, and choices in public H.R. 773: Mr. BERRY. H.R. 2697: Mr. ETHERIDGE. schools; to the Committee on Education and H.R. 802: Mr. HALL of Texas, Mrs. MCCAR- H.R. 2749: Mr. CANADY of Florida and Mr. the Workforce. THY of New York, Mr. RODRIGUEZ, and Mr. SHAW. By Mr. SHAYS (for himself, Ms. ROEMER. H.R. 2807: Mrs. MALONEY of New York. DELAURO, Mr. GEJDENSON, Mr. H.R. 920: Mr. CONYERS. H.R. 2809: Mr. MALONEY of Connecticut. LARSON, and Mr. MALONEY of Con- H.R. 1015: Mr. BOEHLERT. H.R. 2865: Mr. OWENS and Ms. PELOSI. necticut): H.R. 1071: Mr. KIND. H.R. 2888: Mr. EWING and Mr. RUSH. H.R. 3010. A bill to amend titles XVIII and H.R. 1122: Mr. BLAGOJEVICH, Mr. PRICE of H.R. 2894: Ms. DUNN and Mr. STUMP. XIX of the Social Security Act to ensure North Carolina, and Mr. SCHAFFER. H.R. 2895: Mr. GEPHARDT, Mr. SWEENEY, Mr. that individuals enjoy the right to be free H.R. 1187: Mr. WHITFIELD. STUPAK, and Ms. DANNER. from restraint, and for other purposes; to the H.R. 1194: Mr. KUCINICH, Mr. UDALL of Colo- H.R. 2919: Mr. SHERWOOD. Committee on Commerce, and in addition to rado, and Mrs. JOHNSON of Connecticut. H.R. 2925: Ms. DANNER, Mr. OSE, Mr. TRAFI- the Committee on Ways and Means, for a pe- H.R. 1239: Mrs. CLAYTON, Mr. WATT of CANT, Mr. LATOURETTE, Mr. COOKSEY, Mr. riod to be subsequently determined by the North Carolina, and Mr. GEPHARDT. YOUNG of Florida, and Mrs. KELLY. H9304 CONGRESSIONAL RECORD — HOUSE October 4, 1999

H.R. 2980: Mr. DELAURO. H. Con. Res. 139: Mr. KIND, Mr. DOYLE, and H. Res. 298: Ms. ESHOO, Ms. RIVERS, Mr. H.R. 2985: Mr. NETHERCUTT. Ms. RIVERS. FARR of California, Ms. MCKINNEY, Mr. H.R. 2990: Mr. BAKER, Mr. HOSTETTLER, Mr. H. Res. 115: Mr. BILIRAKIS. THOMPSON of Mississippi, and Mr. FRANK of GOSS, Mr. COOK, Mr. KUYKENDALL, Mrs. H. Res. 224: Mr. SIMPSON. Massachusetts. BIGGERT, Mr. HERGER, Mr. ENGLISH, and Mr. H. Res. 269: Mr. WICKER. GARY MILLER of California. H. Res. 303: Mr. SESSIONS, Mr. COLLINS, Mr. H. Res. 278: Mr. BARTON of Texas, Ms. H.R. 2998: Ms. ROS-LEHTINEN. GOODLING, Mr. ARMEY, Mr. SMITH of New Jer- PRYCE of Ohio, Mr. GEKAS, Ms. EDDIE BER- H. Con. Res. 39: Mr. LAMPSON. sey, Mrs. MYRICK, Mr. RYAN of Wisconsin, H. Con. Res. 51: Mr. ROHRABACHER. NICE JOHNSON of Texas, Mr. FALEOMAVAEGA, Mr. KOLBE, Mr. SCHAFFER, Mr. JENKINS, and H. Con. Res. 111: Mr. KENNEDY of Rhode Is- Mrs. MORELLA, Mr. RODRIGUEZ, and Mr. land and Mr. OWENS. OXLEY. Mr. HILL of Montana. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, MONDAY, OCTOBER 4, 1999 No. 132 Senate The Senate met at 12:01 p.m. and was WELCOME BACK speak up to 10 minutes each and the called to order by the President pro Mr. VOINOVICH. Mr. President, first time to be equally divided between the tempore [Mr. THURMOND]. of all, all of us welcome back our Chap- two leaders or their designees. lain, Lloyd Ogilvie. We are thankful to The Senator from Ohio. PRAYER (The remarks of Mr. VOINOVICH per- Almighty God that the Holy Spirit in- taining to the introduction of S.J. Res. The Chaplain, Dr. Lloyd John spired the medical providers so that he 35 are located in today’s RECORD under Ogilvie, offered the following prayer: could be back with us to continue to ‘‘Statements on Introduced Bills and Gracious Father, Source of all the inspire us and keep our feet to the blessings, of life, You have made us Joint Resolutions.’’) ground and our eyes to the heavens. Mr. VOINOVICH. I suggest the ab- rich spiritually. As we begin this new f week, we realize that You have placed sence of a quorum. The PRESIDING OFFICER. The in our spiritual bank account, abun- SCHEDULE clerk will call the roll. dant deposits for the work of this Mr. VOINOVICH. Today the Senate The bill clerk proceeded to call the week. You assure us of Your ever- will be in a period of morning business roll. lasting, loving kindness. You give us until 12:30 p.m. Following morning Mr. ROBERTS. Mr. President, I ask the gift of faith to trust You for ex- business, the Senate will begin consid- unanimous consent that the order for actly what we will need each hour of eration of the Federal Aviation Admin- the quorum call be rescinded. the busy week ahead. You promise to istration reform bill. By previous con- The PRESIDING OFFICER. Without go before us, preparing people and cir- sent, the Senate will also begin debate objection, it is so ordered. cumstances so we can accomplish our on three judicial nominations with Mr. ROBERTS. Mr. President, I un- work without stress or strain. You votes scheduled to occur on those derstand that Senators are permitted guide us when we ask You for help. You nominations at 2:15 p.m. on Tuesday in to speak 10 minutes now and we are in give us gifts of wisdom, discernment a stacked sequence. Also by previous morning business. knowledge of Your will, prophetic consent, the Senate will conduct a roll- The PRESIDING OFFICER. The Sen- speech, and hopeful vision. Help us to call vote at 5:30 today on the adoption ator is correct. draw on the constantly replenished of the Transportation appropriations f spiritual reserves You provide. Bless conference report. Following that vote, the Senators this week with great trust TRIBUTE TO JAMES THOMAS Senators can also expect votes with re- ‘‘TONY’’ ANDERSON in You, great blessings from You, and spect to the FAA bill. For the remain- great effectiveness for You. You are der of the week, the Senate will con- Mr. ROBERTS. Mr. President, those our Lord and Savior. Amen. tinue debate on the FAA reform bill, of us who are privileged to serve in the The PRESIDENT pro tempore. We complete action on the Labor-HHS bill, Senate are also privileged to become are glad to have the Chaplain back and consider nominations and con- associated with a great many people with us. ference reports that are available for who also serve our Nation’s Capitol f action. and, in turn, better enable us to meet I thank my colleagues for their at- our responsibilities. PLEDGE OF ALLEGIANCE They also serve the true ‘‘owners’’ of tention. The Honorable GEORGE this Capitol Building, the many men, VOINOVICH, a Senator from the State f women, and children who visit this of Ohio, led the Pledge of Allegiance, RESERVATION OF LEADER TIME very historic place to see firsthand as follows: ‘‘their’’ Capitol, their symbol of Amer- The PRESIDING OFFICER. Under ica, and the freedoms that we all enjoy. I pledge allegiance to the Flag of the the previous order, the leadership time United States of America, and to the Repub- Despite the fact they do a good job, lic for which it stands, one nation under God, is reserved. they are mostly unsung. I am talking indivisible, with liberty and justice for all. f about the 1,600 employees of the Sen- f ate. If you count our fine U.S. Capitol MORNING BUSINESS Police force, that number goes over RECOGNITION OF THE ACTING The PRESIDING OFFICER. Under 2,000. MAJORITY LEADER the previous order, there will now be a Today, I rise to pay tribute to one The PRESIDING OFFICER (Mr. ROB- period for the transaction of morning such employee, former Hill staffer, ERTS). The Senator from Ohio is recog- business not to extend beyond the hour James Thomas ‘‘Tony’’ Anderson, who nized. of 12:30 with Senators permitted to passed away this past August.

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

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VerDate 30-SEP-99 02:02 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.000 pfrm01 PsN: S04PT1 S11824 CONGRESSIONAL RECORD — SENATE October 4, 1999 For the past 5 years, the Senate’s ap- in the city. He loved the city and the Committee on Commerce, Science, and pointment desk, just one floor from Senate dearly. He truly enjoyed people, Transportation, with amendments; as this Chamber, was where Tony always made them feel welcome, and if they follows: greeted people with a smile and made had a moment, he made their visit to (The parts of the bill intended to be them feel very special. In this tribute our Capitol special with all of his sto- stricken are shown in boldface brack- to him, I also speak for his coworkers ries and experiences. ets and the parts of the bill intended to and friends, Joy Ogdon, Christine I am not sure when he told me who be inserted are shown in italic.) Catucci, and Laura Williams. he was. As I indicated, we were friends S. 82 Mr. President, I first met Tony An- when I worked for Senator Frank Carl- Be it enacted by the Senate and House of Rep- derson when I worked for Kansas Sen- son a long time ago. For me and for resentatives of the United States of America in ator Frank Carlson and was a good most who have worked here as pages, Congress assembled, friend with his mother, Margaret, who interns, employees, and staffers—and, SECTION 1. SHORT TITLE; TABLE OF SECTIONS. was a long-time and valued member of yes, also as Members of Congress—each (a) SHORT TITLE.—This Act may be cited as the Carlson staff. experience, each person and, yes, even the ‘‘Air Transportation Improvement Act’’. Like many of our dedicated employ- the places, are like a special collage (b) TABLE OF SECTIONS.—The table of sec- ees, Mr. Anderson was never far from etched in your memory. tions for this Act is as follows: Capitol Hill. He was born in the old I can’t remember exactly when it Sec. 1. Short title; table of sections. Providence Hospital at Third and E was, but I know I was coming from the Sec. 2. Amendments to title 49, United States Code. Streets N.E., and Tony got his training Hart Building; I decided not to take early and from some of the best. While the elevator to get to the first floor but TITLE I—AUTHORIZATIONS still in high school, and later in col- to take the old stairs that I used when Sec. 101. Federal Aviation Administration lege, he worked in various capacities I was an intern for Senator Frank Carl- operations. Sec. 102. Air navigation facilities and equip- for many Senators; the list reads simi- son; they lead to the Senate Foreign ment. lar to a Who’s Who of the Senate dur- Relations Committee room. Well, I Sec. 103. Airport planning and development ing those years. I am talking about turned right and was hurrying on my and noise compatibility plan- Senator Russell Long, Senator way, glancing at those ever-present ap- ning and programs. Leverett Saltonstall, Senator John pointment cards, when I heard Tony: Sec. 104. Reprogramming notification re- Kennedy, Senator George Murphy, and Hey, Pat, remember me? I’m Tony Ander- quirement. Senator Frank Carlson. son, Margaret Anderson’s son. Sec. 105. Airport security program. He graduated from Anacostia High Sec. 106. Automated surface observation sys- And there he was, with a bow tie and tem stations. School and later attended Federal City a smile, the same smile and always College, Montgomery College, and later TITLE II—AIRPORT IMPROVEMENT pleasant demeanor that made him spe- PROGRAM AMENDMENTS the University of the District of Co- cial to his family, coworkers, and lumbia. Sec. 201. Removal of the cap on discre- friends—not to mention everyone he tionary fund. James Thomas Anderson was also ever served and helped, from the Queen Sec. 202. Innovative use of airport grant Brother Bernard, junior Profess mem- of England to John Q. Public, visitor to funds. ber of the Order of St. Francis, a Holy our Nation’s Capitol. Sec. 203. Matching share. Order within the Episcopal Church, lo- Mr. Anderson died at the age of 57. Sec. 204. Increase in apportionment for noise cated at Little Portion Monastery in He is survived by his sister, Karen An- compatibility planning and pro- New York. His chosen service within grams. derson Cramer of Ocean Pines, MD. He Sec. 205. Technical amendments. the Order of St. Francis was commen- was preceded in death by his parents, surate with his strong support of Sec. 206. Report on efforts to implement ca- James and Margaret Anderson, and Ed- pacity enhancements. human and animal rights. Upon his re- ward Brodniak, his life partner of 32 Sec. 207. Prioritization of discretionary turn from the monastery, he worked years. projects. for the Architect of the National Ca- Tony, thanks and godspeed. Sec. 208. Public notice before grant assur- thedral. Mr. President, I suggest the absence ance requirement waived. Mr. Anderson’s life took a turn from of a quorum. Sec. 209. Definition of public aircraft. Washington as a result of being a wait- The PRESIDING OFFICER. The Sec. 210. Terminal development costs. er at the old Carroll Arms Hotel Res- Sec. 211. Airfield pavement conditions. clerk will call the roll. Sec. 212. Discretionary grants. taurant, where his interest in wines led The bill clerk proceeded to call the him to a successful career that took TITLE III—AMENDMENTS TO AVIATION roll. LAW him to the vineyards of Italy, France, Mr. GORTON. Mr. President, I ask Sec. 301. Severable services contracts for pe- Germany, and Spain. With his knowl- unanimous consent that the order for edge of wine and cheeses, he helped to riods crossing fiscal years. the quorum call be rescinded. øSec. 302. Foreign carriers eligible for waiv- open the Capitol Hill Wine and Cheese The PRESIDING OFFICER (Mr. ROB- er under Airport Noise and Ca- Shop, one of the first business suc- ERTS). Without objection, it is so or- pacity Act.¿ cesses that led to the revitalization of dered. Sec. 302. Limited transportation of certain air- Capitol Hill. f craft. He later became the sommelier at Sec. 303. Government and industry con- the Watergate Terrace, the Four Sea- CONCLUSION OF MORNING sortia. sons, Jean Louis at the Watergate, and BUSINESS Sec. 304. Implementation of Article 83 Bis of then to the Hay Adams Hotel. Mr. An- the Chicago Convention. The PRESIDING OFFICER. Morning Sec. 305. Foreign aviation services author- derson was instrumental in getting the business is closed. ity. Four Seasons’ wine and beverage pro- f Sec. 306. Flexibility to perform criminal his- gram started. tory record checks; technical Tony Anderson then returned to the AIR TRANSPORTATION amendments to Pilot Records Capitol, working in the Senate Res- IMPROVEMENT ACT Improvement Act. taurant and Banquet Department. He The PRESIDING OFFICER. Under Sec. 307. Extension of Aviation Insurance could tell many accounts of serving the previous order, the Senate will pro- Program. First Ladies, visiting dignitaries, and ceed to the consideration of the Air Sec. 308. Technical corrections to civil pen- alty provisions. even a luncheon for the Queen of Eng- Transportation Improvement Act, Sec. 309. Criminal penalty for pilots oper- land. No one did it better or with more which the clerk will report by title. ating in air transportation elegance and propriety than Tony. The legislative clerk read as follows: without an airman’s certificate. Mr. Anderson left the Senate Res- A bill (S. 82) to authorize appropriations Sec. 310. Nondiscriminatory interline inter- taurant, and for the past 5 years served for the Federal Aviation Administration, and connection requirements. on the Senate Appointments Desk. In for other purposes. TITLE IV—MISCELLANEOUS that capacity, he was a natural. Tony The Senate proceeded to consider the Sec. 401. Oversight of FAA response to year Anderson was born in the city, grew up bill which had been reported from the 2000 problem.

VerDate 30-SEP-99 02:02 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0655 E:\CR\FM\G04OC6.005 pfrm01 PsN: S04PT1 October 4, 1999 CONGRESSIONAL RECORD — SENATE S11825 Sec. 402. Cargo collision avoidance systems Sec. 506. Slot exemptions for nonstop re- ‘‘(B) $74,700,000 for engineering, develop- deadline. gional jet service. ment, test, and evaluation: terminal pro- Sec. 403. Runway safety areas; precision ap- Sec. 507. Exemptions to perimeter rule at grams; proach path indicators. Ronald Reagan Washington Na- ‘‘(C) $108,000,000 for engineering, develop- Sec. 404. Airplane emergency locators. tional Airport. ment, test, and evaluation: landing and navi- Sec. 405. Counterfeit aircraft parts. Sec. 508. Additional slot exemptions at Chi- gational aids; Sec. 406. FAA may fine unruly passengers. cago O’Hare International Air- ‘‘(D) $17,790,000 for engineering, develop- Sec. 407. Higher standards for handicapped port. ment, test, and evaluation: research, test, access. Sec. 509. Consumer notification of e-ticket and evaluation equipment and facilities pro- Sec. 408. Conveyances of United States Gov- expiration dates. grams; ernment land. Sec. 510. Regional air service incentive op- ‘‘(E) $391,358,300 for air traffic control fa- Sec. 409. Flight operations quality assurance tions. cilities and equipment: en route programs; Sec. 511. GAO study of air transportation rules. ‘‘(F) $492,315,500 for air traffic control fa- needs. Sec. 410. Wide area augmentation system. cilities and equipment: terminal programs; Sec. 411. Regulation of Alaska air guides. TITLE VI—NATIONAL PARK ‘‘(G) $38,764,400 for air traffic control facili- Sec. 412. Application of FAA regulations. OVERFLIGHTS ties and equipment: flight services programs; Sec. 413. Human factors program. Sec. 601. Findings. ‘‘(H) $50,500,000 for air traffic control facili- Sec. 414. Independent validation of FAA Sec. 602. Air tour management plans for na- ties and equipment: other ATC facilities pro- costs and allocations. tional parks. grams; Sec. 415. Whistleblower protection for FAA Sec. 603. Advisory group. ‘‘(I) $162,400,000 for non-ATC facilities and employees. Sec. 604. Overflight fee report. Sec. 605. Prohibition of commercial air equipment programs; Sec. 416. Report on modernization of oceanic ‘‘(J) $14,500,000 for training and equipment ATC system. tours over the Rocky Mountain National Park. facilities programs; Sec. 417. Report on air transportation over- ‘‘(K) $280,800,000 for mission support pro- TITLE VII—TITLE 49 TECHNICAL sight system. grams; CORRECTIONS Sec. 418. Recycling of EIS. ‘‘(L) $235,210,000 for personnel and related Sec. 419. Protection of employees providing Sec. 701. Restatement of 49 U.S.C. 106(g). expenses; and air safety information. Sec. 702. Restatement of 49 U.S.C. 44909. ‘‘(2) $2,189,000,000 for fiscal year 2000.’’. Sec. 420. Improvements to air navigation fa- SEC. 2. AMENDMENTS TO TITLE 49, UNITED (b) CONTINUATION OF ILS INVENTORY PRO- STATES CODE. cilities. GRAM.—Section 44502(a)(4)(B) is amended— Sec. 421. Denial of airport access to certain Except as otherwise expressly provided, (1) by striking ‘‘fiscal years 1995 and 1996’’ whenever in this Act an amendment or re- air carriers. and inserting ‘‘fiscal years 1999 and 2000’’; peal is expressed in terms of an amendment Sec. 422. Tourism. and to, or a repeal of, a section or other provi- Sec. 423. Equivalency of FAA and EU safety (2) by striking ‘‘acquisition,’’ and inserting sion, the reference shall be considered to be standards. ‘‘acquisition under new or existing con- made to a section or other provision of title Sec. 424. Sense of the Senate on property tracts,’’. 49, United States Code. taxes on public-use airports. (c) LIFE-CYCLE COST ESTIMATES.—The Ad- Sec. 425. Federal Aviation Administration TITLE I—AUTHORIZATIONS ministrator of the Federal Aviation Admin- Personnel Management Sys- SEC. 101. FEDERAL AVIATION ADMINISTRATION istration shall establish life-cycle cost esti- tem. OPERATIONS. mates for any air traffic control moderniza- Sec. 426. Aircraft and aviation component (a) IN GENERAL.—Section 106(k) is amended tion project the total life-cycle costs of repair and maintenance advi- to read as follows: which equal or exceed $50,000,000. ‘‘(k) AUTHORIZATION OF APPROPRIATIONS sory panel. SEC. 103. AIRPORT PLANNING AND DEVELOP- øSec. 427. Report on enhanced domestic air- FOR OPERATIONS.— MENT AND NOISE COMPATIBILITY line competition.¿ ‘‘(1) IN GENERAL.—There are authorized to PLANNING AND PROGRAMS. Sec. 427. Authority to sell aircraft and aircraft be appropriated to the Secretary of Trans- (a) EXTENSION AND AUTHORIZATION.—Sec- parts for use in responding to oil portation for operations of the Administra- tion 48103 is amended by striking spills. tion $5,631,000,000 for fiscal year 1999 and ‘‘$1,205,000,000 for the 6-month period begin- Sec. 428. Aircraft situational display data. $5,784,000,000 for fiscal year 2000. Of the ning October 1, 1998.’’ and inserting Sec. 429. To express the sense of the Senate amounts authorized to be appropriated for ‘‘$2,410,000,000 for fiscal years ending before concerning a bilateral agree- fiscal year 1999, not more than $9,100,000 shall October 1, 1999, and $4,885,000,000 for fiscal ment between the United be used to support air safety efforts through years ending before October 1, 2000.’’. States and the United Kingdom payment of United States membership obli- (b) PROJECT GRANT AUTHORITY.—Section regarding Charlotte-London gations, to be paid as soon as practicable. 47104(c) is amended by striking ‘‘March 31, route. ‘‘(2) AUTHORIZED EXPENDITURES.—Of the 1999,’’ and inserting ‘‘September 30, 2000,’’. Sec. 430. To express the sense of the Senate amounts appropriated under paragraph (1) SEC. 104. REPROGRAMMING NOTIFICATION RE- concerning a bilateral agree- $450,000 may be used for wildlife hazard miti- QUIREMENT. ment between the United gation measures and management of the Before reprogramming any amounts appro- States and the United Kingdom wildlife strike database of the Federal Avia- priated under section 106(k), 48101(a), or 48103 regarding Cleveland-London tion Administration. of title 49, United States Code, for which no- route. ‘‘(3) UNIVERSITY CONSORTIUM.—There are tification of the Committees on Appropria- Sec. 431. Allocation of Trust Fund funding. authorized to be appropriated not more than tions of the Senate and the House of Rep- Sec. 432. Taos Pueblo and Blue Lakes Wil- $9,100,000 for the 3 fiscal year period begin- resentatives is required, the Secretary of derness Area demonstration ning with fiscal year 1999 to support a uni- Transportation shall submit a written expla- project. versity consortium established to provide an nation of the proposed reprogramming to the Sec. 433. Airline marketing disclosure. air safety and security management certifi- Committee on Commerce, Science, and Sec. 434. Certain air traffic control towers. cate program, working cooperatively with Transportation of the Senate and the Com- Sec. 435. Compensation under the Death on the Federal Aviation Administration and mittee on Transportation and Infrastructure the High Seas Act. United States air carriers. Funds authorized of the House of Representatives. Sec. 436. FAA study of breathing hoods. under this paragraph— SEC. 105. AIRPORT SECURITY PROGRAM. ‘‘(A) may not be used for the construction Sec. 437. FAA study of alternative power (a) IN GENERAL.—Chapter 471 (as amended sources for flight data recorders of a building or other facility; and by section 202(a) of this Act) is amended by and cockpit voice recorders. ‘‘(B) shall be awarded on the basis of open adding at the end thereof the following new Sec. 438. Passenger facility fee letters of intent. competition.’’. section: (b) COORDINATION.—The authority granted Sec. 439. Elimination of HAZMAT enforcement ‘‘§ 47136. Airport security program backlog. the Secretary under section 41720 of title 49, ‘‘(a) GENERAL AUTHORITY.—To improve se- Sec. 440. FAA evaluation of long-term capital United States Code, does not affect the Sec- curity at public airports in the United leasing. retary’s authority under any other provision of law. States, the Secretary of Transportation shall TITLE V—AVIATION COMPETITION SEC. 102. AIR NAVIGATION FACILITIES AND carry out not less than 1 project to test and PROMOTION EQUIPMENT. evaluate innovative airport security systems Sec. 501. Purpose. (a) IN GENERAL.—Section 48101(a) is amend- and related technology. Sec. 502. Establishment of small community ed by striking paragraphs (1) and (2) and in- ‘‘(b) PRIORITY.—In carrying out this sec- aviation development program. serting the following: tion, the Secretary shall give the highest Sec. 503. Community-carrier air service pro- ‘‘(1) for fiscal year 1999— priority to a request from an eligible sponsor gram. ‘‘(A) $222,800,000 for engineering, develop- for a grant to undertake a project that— Sec. 504. Authorization of appropriations. ment, test, and evaluation: en route pro- ‘‘(1) evaluates and tests the benefits of in- Sec. 505. Marketing practices. grams; novative airport security systems or related

VerDate 30-SEP-99 02:02 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.001 pfrm01 PsN: S04PT1 S11826 CONGRESSIONAL RECORD — SENATE October 4, 1999

technology, including explosives detection financing technique’ includes methods of fi- (f) GRANT ELIGIBILITY FOR PRIVATE RE- systems, for the purpose of improving air- nancing projects that the Secretary deter- LIEVER AIRPORTS.—Section 47102(17)(B) is port and aircraft physical security and ac- mines may be beneficial to airport develop- amended by— cess control; and ment, including— (1) striking ‘‘or’’ at the end of clause (i) ‘‘(2) provides testing and evaluation of air- ‘‘(1) payment of interest; and redesignating clause (ii) as clause (iii); port security systems and technology in an ‘‘(2) commercial bond insurance and other and operational, øtest bed¿ testbed environment. credit enhancement associated with airport (2) inserting after clause (i) the following: ‘‘(c) MATCHING SHARE.—Notwithstanding bonds for eligible airport development; and ‘‘(ii) a privately-owned airport that, as a section 47109, the United States Govern- ‘‘(3) flexible non-Federal matching require- reliever airport, received Federal aid for air- ment’s share of allowable project costs for a ments.’’. port development prior to October 9, 1996, project under this section is 100 percent. (b) CONFORMING AMENDMENT.—The chapter but only if the Administrator issues revised ‘‘(d) TERMS AND CONDITIONS.—The Sec- analysis for chapter 471 is amended by in- administrative guidance after July 1, 1998, retary may establish such terms and condi- serting after the item relating to section for the designation of reliever airports; or’’. tions as the Secretary determines appro- 47134 the following: (g) RELIEVER AIRPORTS NOT ELIGIBLE FOR priate for carrying out a project under this ‘‘47135. Innovative financing techniques.’’. LETTERS OF INTENT.—Section 47110(e)(1) is amended by striking ‘‘or reliever’’. section, including terms and conditions re- SEC. 203. MATCHING SHARE. (h) PASSENGER FACILITY FEE WAIVER FOR lating to the form and content of a proposal Section 47109(a)(2) is amended by inserting CERTAIN CLASS OF CARRIERS.—Section for a project, project assurances, and sched- ‘‘not more than’’ before ‘‘90 percent’’. ule of payments. 40117(e)(2) is amended— SEC. 204. INCREASE IN APPORTIONMENT FOR ‘‘(e) ELIGIBLE SPONSOR DEFINED.—In this (1) by striking ‘‘and’’ after the semicolon NOISE COMPATIBILITY PLANNING in subparagraph (B); section, the term ‘eligible sponsor’ means a AND PROGRAMS. (2) by striking ‘‘payment.’’ in subpara- nonprofit corporation composed of a consor- Section 47117(e)(1)(A) is amended by strik- graph (C) and inserting ‘‘payment; øand’’;¿ tium of public and private persons, including ing ‘‘31’’ each time it appears and sub- ø and a sponsor of a primary airport, with the nec- stituting¿ inserting ‘‘35’’. essary engineering and technical expertise to (3) by adding at the end thereof the fol- SEC. 205. TECHNICAL AMENDMENTS. successfully conduct the testing and evalua- lowing: (a) USE OF APPORTIONMENTS FOR ALASKA, tion of airport and aircraft related security ‘‘(D) in Alaska aboard an aircraft having a PUERTO RICO, AND HAWAII.—Section systems. seating capacity of less than 20 øpas- 47114(d)(3) is amended to read as follows: ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— sengers.’’.¿ passengers; and ‘‘(3) An amount apportioned under para- Of the amounts made available to the Sec- ‘‘(E) on flights, including flight segments, be- graph (2) of this subsection for airports in retary under section 47115 in a fiscal year, tween 2 or more points in Hawaii.’’. Alaska, Hawaii, or Puerto Rico may be made the Secretary shall make available not less (i) PASSENGER FACILITY FEE WAIVER FOR available by the Secretary for any public air- than $5,000,000 for the purpose of carrying CERTAIN CLASS OF CARRIERS OR FOR SERVICE port in those respective jurisdictions.’’. out this section.’’. TO AIRPORTS IN ISOLATED COMMUNITIES.—Sec- (b) SUPPLEMENTAL APPORTIONMENT FOR (b) CONFORMING AMENDMENT.—The chapter tion 40117(i) is amended— ALASKA.—Section 47114(e) is amended— analysis for such chapter (as amended by (1) by striking ‘‘and’’ at the end of para- (1) by striking ‘‘ALTERNATIVE’’ in the sub- section 202(b) of this Act) is amended by in- graph (1); section caption and inserting ‘‘SUPPLE- serting after the item relating to section (2) by striking ‘‘transportation.’’ in para- MENTAL’’; 47135 the following: graph (2)(D) and inserting ‘‘transportation; (2) in paragraph (1) by— and’’; and ‘‘47136. Airport security program.’’. (A) striking ‘‘Instead of apportioning (3) by adding at the end thereof the fol- SEC. 106. AUTOMATED SURFACE OBSERVATION amounts for airports in Alaska under’’ and lowing: SYSTEM STATIONS. inserting ‘‘Notwithstanding’’; and ‘‘(3) may permit a public agency to request The Administrator of the Federal Aviation (B) striking ‘‘those airports’’ and inserting that collection of a passenger facility fee be Administration shall not terminate human ‘‘airports in Alaska’’; and waived for— weather observers for Automated Surface (3) striking paragraph (3) and inserting the ‘‘(A) passengers enplaned by any class of Observation System stations until— following: air carrier or foreign air carrier if the num- (1) the Secretary of Transportation deter- ‘‘(3) An amount apportioned under this ber of passengers enplaned by the carriers in mines that the System provides consistent subsection may be used for any public air- the class constitutes not more than one per- reporting of changing meteorological condi- port in Alaska.’’. cent of the total number of passengers en- tions and notifies the Congress in writing of (c) REPEAL OF APPORTIONMENT LIMITATION planed annually at the airport at which the that determination; and ON COMMERCIAL SERVICE AIRPORTS IN ALAS- fee is imposed; or (2) 60 days have passed since the report was KA.—Section 47117 is amended by striking ‘‘(B) passengers enplaned on a flight to an submitted to the Congress. subsection (f) and redesignating subsections airport— TITLE II—AIRPORT IMPROVEMENT (g) and (h) as subsections (f) and (g), respec- ‘‘(i) that has fewer than 2,500 passenger PROGRAM AMENDMENTS tively. boardings each year and receives scheduled (d) DISCRETIONARY FUND DEFINITION.— SEC. 201. REMOVAL OF THE CAP ON DISCRE- passenger service; or TIONARY FUND. (1) Section 47115 is amended— ‘‘(ii) in a community which has a popu- Section 47115(g) is amended by striking (A) by striking ‘‘25’’ in subsection (a) and lation of less than 10,000 and is not connected paragraph (4). inserting ‘‘12.5’’; and by a land highway or vehicular way to the (B) by striking the second sentence in sub- land-connected National Highway System SEC. 202. INNOVATIVE USE OF AIRPORT GRANT section (b). FUNDS. within a State.’’. (2) Section 47116 is amended— (a) CODIFICATION AND IMPROVEMENT OF 1996 (j) USE OF THE WORD ‘‘GIFT’’ AND PRIORITY (A) by striking ‘‘75’’ in subsection (a) and PROGRAM.—Subchapter I of chapter 471 is FOR AIRPORTS IN SURPLUS PROPERTY DIS- inserting ‘‘87.5’’; amended by adding at the end thereof the POSAL.— (B) by redesignating paragraphs (1) and (2) following: (1) Section 47151 is amended— in subsection (b) as subparagraphs (A) and (A) by striking ‘‘give’’ in subsection (a) and ‘‘§ 47135. Innovative financing techniques (B), respectively, and inserting before sub- inserting ‘‘convey to’’; ‘‘(a) IN GENERAL.—The Secretary of Trans- paragraph (A), as so redesignated, the fol- (B) by striking ‘‘gift’’ in subsection (a)(2) portation is authorized to carry out a dem- lowing: and inserting ‘‘conveyance’’; onstration program under which the Sec- ‘‘(1) one-seventh for grants for projects at (C) by striking ‘‘giving’’ in subsection (b) retary may approve applications under this small hub airports (as defined in section and inserting ‘‘conveying’’; subchapter for not more than 20 projects for 41731 of this title); and (D) by striking ‘‘gift’’ in subsection (b) and which grants received under the subchapter ‘‘(2) the remaining amounts based on the inserting ‘‘conveyance’’; and may be used to implement innovative financ- following:’’. (E) by adding at the end thereof the fol- ing techniques. (e) CONTINUATION OF PROJECT FUNDING.— lowing: ‘‘(b) PURPOSE.—The purpose of the dem- Section 47108 is amended by adding at the ‘‘(d) PRIORITY FOR PUBLIC AIRPORTS.—Ex- onstration program shall be to provide infor- end thereof the following: cept for requests from another Federal agen- mation on the use of innovative financing ‘‘(e) CHANGE IN AIRPORT STATUS.—If the cy, a department, agency, or instrumentality techniques for airport development projects. status of a primary airport changes to a non- of the Executive Branch of the United States ‘‘(c) LIMITATION—In no case shall the im- primary airport at a time when a develop- Government shall give priority to a request plementation of an innovative financing ment project under a multiyear agreement by a public agency (as defined in section technique under this section be used in a under subsection (a) is not yet completed, 47102 of this title) for surplus property de- manner giving rise to a direct or indirect the project shall remain eligible for funding scribed in subsection (a) of this section for guarantee of any airport debt instrument by from discretionary funds under section 47115 use at a public airport.’’. the United States Government. of this title at the funding level and under (2) Section 47152 is amended— ‘‘(d) INNOVATIVE FINANCING TECHNIQUE DE- the terms provided by the agreement, sub- (A) by striking ‘‘gifts’’ in the section cap- FINED.—In this section, the term ‘innovative ject to the availability of funds.’’. tion and inserting ‘‘conveyances’’; and

VerDate 30-SEP-99 02:02 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.001 pfrm01 PsN: S04PT1 October 4, 1999 CONGRESSIONAL RECORD — SENATE S11827 (B) by striking ‘‘gift’’ in the first sentence ‘‘(11) runway and taxiway incursion preven- ministration on airfield pavement conditions and inserting ‘‘conveyance’’. tion devices, including integrated in-pavement for airports that are part of the national air (3) The chapter analysis for chapter 471 is lighting systems for runways and taxiways.’’. transportation system, including— amended by striking the item relating to (3) AIRPORT DEVELOPMENT DEFINED.—Section (1) improving the existing runway condi- section 47152 and inserting the following: 47102(3)(B)(ii) is amended by inserting ‘‘and in- tion information contained in the Airport ‘‘47152. Terms of conveyances.’’. cluding integrated in-pavement lighting systems Safety Data Program by reviewing and revis- for runways and taxiways and other runway ing rating criteria and providing increased (4) Section 47153(a) is amended— and taxiway incursion prevention devices’’ be- training for inspectors; (A) by striking ‘‘gift’’ in paragraph (1) and fore the semicolon at the end. (2) requiring such airports to submit pave- inserting ‘‘conveyance’’; ment condition index information as part of (B) by striking ‘‘given’’ in paragraph (1)(A) SEC. 206. REPORT ON EFFORTS TO IMPLEMENT CAPACITY ENHANCEMENTS. their airport master plan or as support in ap- and inserting ‘‘conveyed’’; and Within 9 months after the date of enact- plications for airport improvement grants; (C) by striking ‘‘gift’’ in paragraph (1)(B) ment of this Act, the Secretary of Transpor- and and inserting ‘‘conveyance’’. tation shall report to the Committee on (3) requiring all such airports to submit (k) MINIMUM APPORTIONMENT.—Section Commerce, Science, and Transportation of pavement condition index information on a 47114(c)(1)(B) is amended by adding at the end the Senate and the Committee on Transpor- regular basis and using this information to thereof the following: ‘‘For fiscal years begin- tation and Infrastructure of the House of create a pavement condition database that ning after fiscal year 1999, the preceding sen- Representatives on efforts by the Federal could be used in evaluating the cost-effec- tence shall be applied by substituting ‘$650,000’ Aviation Administration to implement ca- tiveness of project applications and fore- for ‘$500,000’.’’. pacity enhancements and improvements, casting anticipated pavement needs. ƒ(k) APPORTIONMENT FOR CARGO ONLY AIR- both technical and procedural, such as preci- (b) REPORT TO CONGRESS.—The Adminis- PORTS.—Section 47114(c)(2)(A) is amended by sion runway monitoring systems, and the striking ‘‘2.5 percent’’ and inserting ‘‘3 per- trator shall transmit a report, containing an time frame for implementation of such en- evaluation of such options, to the Senate cent’’.≈ hancements and improvements. Committee on Commerce, Science, and (l) APPORTIONMENT FOR CARGO ONLY AIR- SEC. 207. PRIORITIZATION OF DISCRETIONARY Transportation and the House of Representa- PORTS.— PROJECTS. (1) Section 47114(c)(2)(A) is amended by strik- tives Committee on Transportation and In- Section 47120 is amended by— ing ‘‘2.5 percent’’ and inserting ‘‘3 percent’’. frastructure not later than 12 months after (1) inserting ‘‘(a) IN GENERAL.—’’ before (2) Section 47114(c)(2) is further amended by the date of enactment of this Act. ‘‘In’’; and striking subparagraph (C) and redesignating SEC. 212. DISCRETIONARY GRANTS. (2) adding at the end thereof the following: subparagraph (D) as subparagraph (C). Notwithstanding any limitation on the ‘‘(b) DISCRETIONARY FUNDING TO BE USED (m) TEMPORARY AIR SERVICE INTERRUP- amount of funds that may be expended for FOR HIGHER PRIORITY PROJECTS.—The Ad- TIONS.—Section 47114(c)(1) is amended by add- grants for noise abatement, if any funds ministrator of the Federal Aviation Admin- ing at the end thereof the following: made available under section 48103 of title 49, istration shall discourage airport sponsors ‘‘(C) The Secretary may, notwithstanding sub- United States Code, remain available at the and airports from using entitlement funds paragraph (A), apportion to an airport sponsor end of the fiscal year for which those funds for lower priority projects by giving lower in a fiscal year an amount equal to the amount were made available, and are not allocated priority to discretionary projects submitted apportioned to that sponsor in the previous fis- under section 47115 of that title, or under any by airport sponsors and airports that have cal year if the Secretary finds that— other provision relating to the awarding of used entitlement funds for projects that have ‘‘(i) passenger boardings at the airport fell discretionary grants from unobligated funds a lower priority than the projects for which below 10,000 in the calendar year used to cal- made available under section 48103 of that discretionary funds are being requested.’’. culate the apportionment; title, the Secretary of Transportation may ‘‘(ii) the airport had at least 10,000 passenger SEC. 208. PUBLIC NOTICE BEFORE GRANT ASSUR- use those funds to make discretionary grants ANCE REQUIREMENT WAIVED. boardings in the calendar year prior to the cal- for noise abatement activities. (a) IN GENERAL.—Notwithstanding any endar year used to calculate apportionments to other provision of law to the contrary, the TITLE III—AMENDMENTS TO AVIATION airport sponsors in a fiscal year; and Secretary of Transportation may not waive LAW ‘‘(iii) the cause of the shortfall in passenger any assurance required under section 47107 of boardings was a temporary but significant inter- SEC. 301. SEVERABLE SERVICES CONTRACTS FOR title 49, United States Code, that requires PERIODS CROSSING FISCAL YEARS. ruption in service by an air carrier to that air- property to be used for aeronautical purposes port due to an employment action, natural dis- (a) Chapter 401 is amended by adding at the unless the Secretary provides notice to the aster, or other event unrelated to the demand end thereof the following: public not less than 30 days before issuing for air transportation at the affected airport.’’. ‘‘§ 40125. Severable services contracts for pe- any such waiver. Nothing in this section ø(l)¿ (n) FLEXIBILITY IN PAVEMENT DESIGN riods crossing fiscal years shall be construed to authorize the Secretary STANDARDS.—Section 47114(d) is amended by to issue a waiver of any assurance required ‘‘(a) IN GENERAL.—The Administrator of adding at the end thereof the following: the Federal Aviation Administration may ‘‘(4) The Secretary may permit the use of under that section. (b) EFFECTIVE DATE.—This section applies enter into a contract for procurement of sev- State highway specifications for airfield to any request filed on or after the date of erable services for a period that begins in pavement construction using funds made enactment of this Act. one fiscal year and ends in the next fiscal available under this subsection at nonpri- year if (without regard to any option to ex- mary airports with runways of 5,000 feet or SEC. 209. DEFINITION OF PUBLIC AIRCRAFT. Section 40102(a)(37)(B)(ii) is amended— tend the period of the contract) the contract shorter serving aircraft that do not exceed period does not exceed one year. 60,000 pounds gross weight, if the Secretary (1) by striking ‘‘or’’ at the end of subclause (I); ‘‘(b) OBLIGATION OF FUNDS.—Funds made determines that— available for a fiscal year may be obligated ‘‘(A) safety will not be negatively affected; (2) by striking the ‘‘States.’’ in subclause (II) and inserting ‘‘States; or’’; and for the total amount of a contract entered and into under the authority of subsection (a) of ‘‘(B) the life of the pavement will not be (3) by adding at the end thereof the fol- lowing: this section.’’. shorter than it would be if constructed using (b) CONFORMING AMENDMENT.—The chapter Administration standards. ‘‘(III) transporting persons aboard the air- craft if the aircraft is operated for the pur- analysis for chapter 401 is amended by add- An airport may not seek funds under this ing at the end thereof the following: subchapter for runway rehabilitation or re- pose of prisoner transport.’’. construction of any such airfield pavement SEC. 210. TERMINAL DEVELOPMENT COSTS. ‘‘40125. Severable services contracts for peri- constructed using State highway specifica- Section 40117 is amended by adding at the ods crossing fiscal years.’’. tions for a period of 10 years after construc- end thereof the following: øSEC. 302. FOREIGN CARRIERS ELIGIBLE FOR tion is completed.’’. ‘‘(j) SHELL OF TERMINAL BUILDING.—In WAIVER UNDER AIRPORT NOISE AND CAPACITY ACT. (o) ELIGIBILITY OF RUNWAY INCURSION PRE- order to enable additional air service by an VENTION DEVICES.— air carrier with less than 50 percent of the øThe first sentence of section 47528(b)(1) is (1) POLICY.—Section 47101(a)(11) is amended scheduled passenger traffic at an airport, the amended by inserting ‘‘or foreign air car- by inserting ‘‘(including integrated in-pavement Secretary may consider the shell of a ter- rier’’ after ‘‘air carrier’’ the first place it ap- lighting systems for runways and taxiways and minal building (including heating, ventila- pears and after ‘‘carrier’’ the first place it other runway and taxiway incursion prevention tion, and air conditioning) and aircraft fuel- appears.¿ devices)’’ after ‘‘activities’’. ing facilities adjacent to an airport terminal SEC. 302. LIMITED TRANSPORTATION OF CER- (2) MAXIMUM USE OF SAFETY FACILITIES.—Sec- building to be an eligible airport-related TAIN AIRCRAFT. tion 47101(f) is amended— project under subsection (a)(3)(E).’’. Section 47528(e) is amended by adding at the (A) by striking ‘‘and’’ at the end of paragraph SEC. 211. AIRFIELD PAVEMENT CONDITIONS. end thereof the following: (9); and (a) EVALUATION OF OPTIONS.—The Adminis- ‘‘(4) An air carrier operating Stage 2 aircraft (B) by striking ‘‘area.’’ in paragraph (10) and trator of the Federal Aviation Administra- under this subsection may transport Stage 2 air- inserting ‘‘area; and’’; and tion shall evaluate options for improving the craft to or from the 48 contiguous States on a (C) by adding at the end the following: quality of information available to the Ad- non-revenue basis in order to—

VerDate 30-SEP-99 02:02 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 6333 E:\CR\FM\A04OC6.001 pfrm01 PsN: S04PT1 S11828 CONGRESSIONAL RECORD — SENATE October 4, 1999 ‘‘(A) perform maintenance (including major ‘‘(A) air traffic control services; and tion to, and not concurrently with, any other alterations) or preventative maintenance on air- ‘‘(B) fees for production-certification-related term of imprisonment imposed on the indi- craft operated, or to be operated, within the lim- service (as defined in Appendix C of part 187 of vidual subject to the imprisonment.’’. itations of paragraph (2)(B); or title 14, Code of Federal Regulations) performed (b) CLERICAL AMENDMENT.—The chapter ‘‘(B) conduct operations within the limitations outside the United States.’’. analysis for chapter 463 is amended by add- of paragraph (2)(B).’’. SEC. 306. FLEXIBILITY TO PERFORM CRIMINAL ing at the end thereof the following: SEC. 303. GOVERNMENT AND INDUSTRY CON- HISTORY RECORD CHECKS; TECH- ‘‘46317. Criminal penalty for pilots operating SORTIA. NICAL AMENDMENTS TO PILOT in air transportation without RECORDS IMPROVEMENT ACT. Section 44903 is amended by adding at the an airman’s certificate.’’. end thereof the following: Section 44936 is amended— SEC. 310. NONDISCRIMINATORY INTERLINE OVERNMENT AND NDUSTRY ON (1) by striking ‘‘subparagraph (C))’’ in sub- ‘‘(f) G I C - INTERCONNECTION REQUIRE- SORTIA.—The Administrator may establish at section (a)(1)(B) and inserting ‘‘subparagraph MENTS. airports such consortia of government and (C), or in the case of passenger, baggage, or (a) IN GENERAL.—Subchapter I of chapter aviation industry representatives as the Ad- property screening at airports, the Adminis- 417 is amended by adding at the end thereof ministrator may designate to provide advice trator decides it is necessary to ensure air the following: on matters related to aviation security and transportation security)’’; ‘‘§ 41717. Interline agreements for domestic safety. Such consortia shall not be consid- (2) by striking ‘‘individual’’ in subsection transportation ered federal advisory committees for pur- (f)(1)(B)(ii) and inserting ‘‘individual’s per- poses of the Federal Advisory Committee formance as a pilot’’; and ‘‘(a) NONDISCRIMINATORY REQUIREMENTS.— Act (5 U.S.C. App.).’’. (3) by inserting ‘‘or from a foreign govern- If a major air carrier that provides air serv- SEC. 304. IMPLEMENTATION OF ARTICLE 83 BIS ment or entity that employed the indi- ice to an essential airport facility has any OF THE CHICAGO CONVENTION. vidual,’’ in subsection (f)(14)(B) after ‘‘ex- agreement involving ticketing, baggage and Section 44701 is amended— ists,’’. ground handling, and terminal and gate ac- cess with another carrier, it shall provide (1) by redesignating subsection (e) as sub- SEC. 307. EXTENSION OF AVIATION INSURANCE section (f); and PROGRAM. the same services to any requesting air car- (2) by inserting after subsection (d) the fol- Section 44310 is amended by striking rier that offers service to a community se- lowing: ‘‘March 31, 1999.’’ and inserting ‘‘December lected for participation in the program under ‘‘(e) BILATERAL EXCHANGES OF SAFETY 31, 2003.’’. section 41743 under similar terms and condi- OVERSIGHT RESPONSIBILITIES.— SEC. 308. TECHNICAL CORRECTIONS TO CIVIL tions and on a nondiscriminatory basis with- ‘‘(1) Notwithstanding the provisions of this PENALTY PROVISIONS. in 30 days after receiving the request, as long chapter, and pursuant to Article 83 bis of the Section 46301 is amended— as the requesting air carrier meets such safe- Convention on International Civil Aviation, (1) by striking ‘‘46302, 46303, or’’ in sub- ty, service, financial, and maintenance re- the Administrator may, by a bilateral agree- section (a)(1)(A); quirements, if any, as the Secretary may by ment with the aeronautical authorities of (2) by striking ‘‘an individual’’ the first regulation establish consistent with public another country, exchange with that country time it appears in subsection (d)(7)(A) and convenience and necessity. The Secretary all or part of their respective functions and inserting ‘‘a person’’; and must review any proposed agreement to de- duties with respect to aircraft described in (3) by inserting ‘‘or the Administrator’’ in termine if the requesting carrier meets oper- subparagraphs (A) and (B), under the fol- subsection (g) after ‘‘Secretary’’. ational requirements consistent with the lowing articles of the Convention: SEC. 309. CRIMINAL PENALTY FOR PILOTS OPER- rules, procedures, and policies of the major ‘‘(A) Article 12 (Rules of the Air). ATING IN AIR TRANSPORTATION carrier. This agreement may be terminated ‘‘(B) Article 31 (Certificates of Airworthi- WITHOUT AN AIRMAN’S CERTIFI- by either party in the event of failure to ness). CATE. meet the standards and conditions outlined ‘‘(C) Article 32a (Licenses of Personnel). (a) IN GENERAL.—Chapter 463 is amended in the øagreement.’’.¿ agreement. ‘‘(2) The agreement under paragraph (1) by adding at the end the following: ‘‘(b) DEFINITIONS.—In this section the term may apply to— ‘‘§ 46317. Criminal penalty for pilots oper- ‘essential airport facility’ means a large hub ‘‘(A) aircraft registered in the United ating in air transportation without an air- airport (as defined in section 41731(a)(3)) in States operated pursuant to an agreement man’s certificate the contiguous 48 States in which one carrier for the lease, charter, or interchange of the ‘‘(a) APPLICATION.—This section applies has more than 50 percent of such airport’s aircraft or any similar arrangement by an only to aircraft used to provide air transpor- total annual enplanements.’’. operator that has its principal place of busi- tation. (b) CLERICAL AMENDMENT.—The chapter ness, or, if it has no such place of business, ‘‘(b) GENERAL CRIMINAL PENALTY.—An indi- analysis for subchapter I of chapter 417 is its permanent residence, in another country; vidual shall be fined under title 18, impris- amended by adding at the end thereof the or oned for not more than 3 years, or both, if following: ‘‘(B) aircraft registered in a foreign coun- that individual— ‘‘41717. Interline agreements for domestic try operated under an agreement for the ‘‘(1) knowingly and willfully serves or at- transportation.’’. lease, charter, or interchange of the aircraft tempts to serve in any capacity as an airman or any similar arrangement by an operator TITLE IV—MISCELLANEOUS without an airman’s certificate authorizing that has its principal place of business, or, if SEC. 401. OVERSIGHT OF FAA RESPONSE TO YEAR the individual to serve in that capacity; or it has no such place of business, its perma- 2000 PROBLEM. nent residence, in the United States. ‘‘(2) knowingly and willfully employs for The Administrator of the Federal Aviation ‘‘(3) The Administrator relinquishes re- service or uses in any capacity as an airman Administration shall report to the Senate sponsibility with respect to the functions an individual who does not have an airman’s Committee on Commerce, Science, and and duties transferred by the Administrator certificate authorizing the individual to Transportation and the House Committee on as specified in the bilateral agreement, serve in that capacity. Transportation and Infrastructure every 3 ‘‘(c) CONTROLLED SUBSTANCE CRIMINAL PEN- under the Articles listed in paragraph (1) of months, in oral or written form, on elec- ALTY.— this subsection for United States-registered tronic data processing problems associated aircraft transferred abroad as described in ‘‘(1) In this subsection, the term ‘con- with the year 2000 within the Administra- subparagraph (A) of that paragraph, and ac- trolled substance’ has the same meaning tion. cepts responsibility with respect to the func- given that term in section 102 of the Com- SEC. 402. CARGO COLLISION AVOIDANCE SYS- tions and duties under those Articles for air- prehensive Drug Abuse Prevention and Con- TEMS DEADLINE. craft registered abroad that are transferred trol Act of 1970 (21 U.S.C. 802). (a) IN GENERAL.—The Administrator of the to the United States as described in subpara- ‘‘(2) An individual violating subsection (b) Federal Aviation Administration shall re- graph (B) of that paragraph. shall be fined under title 18, imprisoned for quire by regulation that, not later than De- ‘‘(4) The Administrator may, in the agree- not more than 5 years, or both, if the viola- cember 31, 2002, collision avoidance equip- ment under paragraph (1), predicate the tion is related to transporting a controlled ment be installed on each cargo aircraft with transfer of these functions and duties on any substance by aircraft or aiding or facili- a payload capacity of 15,000 kilograms or conditions the Administrator deems nec- tating a controlled substance violation and more. essary and prudent.’’. that transporting, aiding, or facilitating— (b) EXTENSION.—The Administrator may ‘‘(A) is punishable by death or imprison- SEC. 305. FOREIGN AVIATION SERVICES AUTHOR- extend the deadline imposed by subsection ITY. ment of more than 1 year under a Federal or (a) for not more than 2 years if the Adminis- øSection 45301 is amended by striking State law; or trator finds that the extension is needed to ‘‘government.’’ in subsection (a)(2) and in- ‘‘(B) is related to an act punishable by promote— serting ‘‘government or to any entity obtain- death or imprisonment for more than 1 year (1) a safe and orderly transition to the op- ing services outside the United States.’’.¿ under a Federal or State law related to a eration of a fleet of cargo aircraft equipped Section 45301(a)(2) is amended to read as fol- controlled substance (except a law related to with collision avoidance equipment; or lows: simple possession (as that term is used in (2) other safety or public interest objec- ‘‘(2) Services provided to a foreign government section 46306(c)) of a controlled substance). tives. or to any entity obtaining services outside the ‘‘(3) A term of imprisonment imposed (c) COLLISION AVOIDANCE EQUIPMENT.—For United States other than— under paragraph (2) shall be served in addi- purposes of this section, the term ‘‘collision

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avoidance equipment’’ means TCAS II equip- Administrator finds that the holder of the ‘‘(c) PROHIBITION ON EMPLOYMENT OF CON- ment (as defined by the Administrator), or certificate, or an individual who has a con- VICTED COUNTERFEIT PART DEALERS.—No per- any other similar system approved by the trolling or ownership interest in the holder— son subject to this chapter may employ any- Administration for collision avoidance pur- ‘‘(A) was convicted of a violation of a law one to perform a function related to the pro- poses. of the United States or of a State relating to curement, sale, production, or repair of a SEC. 403. RUNWAY SAFETY AREAS; PRECISION AP- the installation, production, repair, or sale part or material, or the installation of a part PROACH PATH INDICATORS. of a counterfeit or falsely-represented avia- into a civil aircraft, who has been convicted Within 6 months after the date of enact- tion part or material; or of a violation of any Federal or State law re- ment of this Act, the Administrator of the ‘‘(B) knowingly carried out or facilitated lating to the installation, production, repair, Federal Aviation Administration shall so- an activity punishable under such a law. or sale of a counterfeit or falsely-represented licit comments on the need for— ‘‘(2) NO AUTHORITY TO REVIEW VIOLATION.— aviation part or material.’’. (1) the improvement of runway safety In carrying out paragraph (1) of this sub- SEC. 406. FAA MAY FINE UNRULY PASSENGERS. areas; and section, the Administrator may not review (a) IN GENERAL.—Chapter 463 øis amended (2) the installation of precision approach whether a person violated such a law. by redesignating section 46316 as section path indicators. ‘‘(c) NOTICE REQUIREMENT.—Before the Ad- 46217, and by inserting after section 46317 the SEC. 404. AIRPLANE EMERGENCY LOCATORS. ministrator revokes a certificate under sub- following:¿ (as amended by section 309) is (a) REQUIREMENT.—Section 44712(b) is section (b), the Administrator shall— amended by adding at the end thereof the fol- amended to read as follows: ‘‘(1) advise the holder of the certificate of lowing: the reason for the revocation; and ‘‘(b) NONAPPLICATION.—Subsection (a) does ‘‘§ ø46316.¿ 46318. Interference with cabin or not apply to aircraft when used in— ‘‘(2) provide the holder of the certificate an flight crew ‘‘(1) scheduled flights by scheduled air car- opportunity to be heard on why the certifi- ‘‘(a) IN GENERAL.—An individual who inter- riers holding certificates issued by the Sec- cate should not be revoked. feres with the duties or responsibilities of retary of Transportation under subpart II of ‘‘(d) APPEAL.—The provisions of section the flight crew or cabin crew of a civil air- this part; 44710(d) apply to the appeal of a revocation craft, or who poses an imminent threat to ‘‘(2) training operations conducted entirely order under subsection (b). For the purpose the safety of the aircraft or other individuals within a 50-mile radius of the airport from of applying that section to such an appeal, on the aircraft, is liable to the United States which the training operations begin; ‘person’ shall be substituted for ‘individual’ Government for a civil penalty of not more ‘‘(3) flight operations related to the design each place it appears. than $10,000, which shall be paid to the Fed- and testing, manufacture, preparation, and ‘‘(e) AQUITTAL OR REVERSAL.— eral Aviation Administration and deposited delivery of aircraft; ‘‘(1) IN GENERAL.—The Administrator may in the account established by section ‘‘(4) showing compliance with regulations, not revoke, and the Board may not affirm a 45303(c). exhibition, or air racing; or revocation of, a certificate under subsection ‘‘(b) COMPROMISE AND SETOFF.— ‘‘(5) the aerial application of a substance (b)(1)(B) of this section if the holder of the ‘‘(1) The Secretary of Transportation or for an agricultural purpose.’’. certificate, or the individual, is acquitted of the Administrator may compromise the (b) COMPLIANCE.—Section 44712 is amended all charges related to the violation. amount of a civil penalty imposed under sub- by redesignating subsection (c) as subsection ‘‘(2) REISSUANCE.—The Administrator may (d), and by inserting after subsection (b) the reissue a certificate revoked under sub- section (a). following: section (b) of this section to the former hold- ‘‘(2) The Government may deduct the amount of a civil penalty imposed or com- ‘‘(c) COMPLIANCE.—An aircraft is deemed to er if— meet the requirement of subsection (a) if it ‘‘(A) the former holder otherwise satisfies promised under this section from amounts it is equipped with an emergency locator trans- the requirements of this chapter for the cer- owes the individual liable for the penalty.’’. ONFORMING CHANGE.—The chapter mitter that transmits on the 121.5/243 mega- tificate; (b) C analysis for chapter 463 is amended by strik- hertz frequency or the 406 megahertz fre- ‘‘(B) the former holder, or individual, is ac- ing the item relating to section 46316 and in- quency, or with other equipment approved quitted of all charges related to the violation serting after the item relating to section by the Secretary for meeting the require- on which the revocation was based; or 46315 the following: ment of subsection (a).’’. ‘‘(C) the conviction of the former holder, or (c) EFFECTIVE DATE; REGULATIONS.— individual, of the violation on which the rev- ‘‘46316. Interference with cabin or flight (1) REGULATIONS.—The Secretary of Trans- ocation was based is reversed. crew. portation shall promulgate regulations ‘‘(f) WAIVER.—The Administrator may ‘‘46317. General criminal penalty when spe- under section 44712(b) of title 49, United waive revocation of a certificate under sub- cific penalty not provided.’’. States Code, as amended by this section not section (b) of this section if— SEC. 407. HIGHER STANDARDS FOR HANDI- later than January 1, 2002. ‘‘(1) a law enforcement official of the CAPPED ACCESS. (2) EFFECTIVE DATE.—The amendments United States Government, or of a State (a) ESTABLISHMENT OF HIGHER INTER- made by this section shall take effect on (with respect to violations of State law), re- NATIONAL STANDARDS.—The Secretary of January 1, 2002. quests a waiver; or Transportation shall work with appropriate SEC. 405. COUNTERFEIT AIRCRAFT PARTS. ‘‘(2) the waiver will facilitate law enforce- international organizations and the aviation (a) DENIAL; REVOCATION; AMENDMENT OF ment efforts. authorities of other nations to bring about CERTIFICATE.— ‘‘(g) AMENDMENT OF CERTIFICATE.—If the their establishment of higher standards for (1) IN GENERAL.—Chapter 447 is amended by holder of a certificate issued under this chap- accommodating handicapped passengers in adding at the end thereof the following: ter is other than an individual and the Ad- air transportation, particularly with respect to foreign air carriers that code-share with ‘‘§ 44725. Denial and revocation of certificate ministrator finds that— domestic air carriers. for counterfeit parts violations ‘‘(1) an individual who had a controlling or ownership interest in the holder committed (b) INVESTIGATION OF ALL COMPLAINTS RE- ‘‘(a) DENIAL OF CERTIFICATE.— a violation of a law for the violation of QUIRED.—Section 41705 is amended by— ‘‘(1) IN GENERAL.—Except as provided in which a certificate may be revoked under (1) inserting ‘‘(a) IN GENERAL.—’’ before ‘‘In paragraph (2) of this subsection and sub- this section, or knowingly carried out or fa- providing’’; section (e)(2) of this section, the Adminis- cilitated an activity punishable under such a (2) striking ‘‘carrier’’ and inserting ‘‘carrier, trator may not issue a certificate under this law; and including any foreign air carrier doing business chapter to any person— ‘‘(2) the holder satisfies the requirements in the United States,’’; and ƒafter ‘‘In providing ‘‘(A) convicted of a violation of a law of the for the certificate without regard to that in- air transportation, an air carrier’’; and≈ United States or of a State relating to the dividual, (3) adding at the end thereof the following: installation, production, repair, or sale of a then the Administrator may amend the cer- ‘‘(b) EACH ACT CONSTITUTES SEPARATE OF- counterfeit or falsely-represented aviation tificate to impose a limitation that the cer- FENSE.—Each separate act of discrimination part or material; or tificate will not be valid if that individual prohibited by subsection (a) constitutes a sepa- ‘‘(B) subject to a controlling or ownership has a controlling or ownership interest in rate violation of that subsection. interest of an individual convicted of such a the holder. A decision by the Administrator ‘‘(c) INVESTIGATION OF COMPLAINTS.— violation. ‘‘(1) IN GENERAL.—The Secretary or a person under this subsection is not reviewable by ‘‘(2) EXCEPTION.—Notwithstanding para- designated by the Secretary within the Office of the Board.’’. graph (1), the Administrator may issue a cer- Civil Rights shall investigate each complaint of (2) CONFORMING AMENDMENT.—The chapter tificate under this chapter to a person de- a violation of subsection (a). analysis for chapter 447 is amended by add- scribed in paragraph (1) if issuance of the ‘‘(2) PUBLICATION OF DATA.—The Secretary or ing at the end thereof the following: certificate will facilitate law enforcement ef- a person designated by the Secretary within the forts. ‘‘44725. Denial and revocation of certificate Office of Civil Rights shall publish disability-re- ‘‘(b) REVOCATION OF CERTIFICATE.— for counterfeit parts viola- lated complaint data in a manner comparable to ‘‘(1) IN GENERAL.—Except as provided in tions’’. other consumer complaint data. subsections (f) and (g) of this section, the Ad- (b) PROHIBITION ON EMPLOYMENT.—Section ‘‘(3) EMPLOYMENT.—The Secretary is author- ministrator shall issue an order revoking a 44711 is amended by adding at the end thereof ized to employ personnel necessary to enforce certificate issued under this chapter if the the following: this section.

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‘‘(4) REVIEW AND REPORT.—The Secretary or a United States Government owning or con- ministration, or the Administrator of the person designated by the Secretary within the trolling land or airspace to convey a prop- General Services Administration, may con- Office of Civil Rights shall regularly review all erty interest in the land or airspace to the vey to the Iditarod Area School District complaints received by air carriers alleging dis- public agency sponsoring the project or own- without reimbursement all right, title, and crimination on the basis of disability, and report ing or controlling the airport when nec- interest in 12 acres of property at Lake annually to Congress on the results of such re- essary to carry out a project under this sub- Minchumina, Alaska, identified by the Ad- view. chapter at a public airport, to operate a pub- ministrator of the Federal Aviation Admin- ‘‘(5) TECHNICAL ASSISTANT.—Not later than lic airport, or for the future development of istration, including the structures known as 180 days after enactment of the Air Transpor- an airport under the national plan of inte- housing units 100 through 105 and as utility tation and Improvement Act, the Secretary grated airport systems; and building 301. shall— ‘‘(B) may request the head of such a de- SEC. 409. FLIGHT OPERATIONS QUALITY ASSUR- ‘‘(A) implement a plan, in consultation with partment, agency, or instrumentality to con- ANCE RULES. the Department of Justice, United States Archi- vey a property interest in the land or air- Not later than 90 days after the date of en- tectural and Transportation Barriers Compli- space to such a public agency for a use that actment of this Act, the Administrator shall ance Board, and the National Council on Dis- will complement, facilitate, or augment air- issue a notice of proposed rulemaking to de- ability, to provide technical assistance to air port development, including the develop- velop procedures to protect air carriers and carriers and individuals with disabilities in un- ment of additional revenue from both avia- their employees from civil enforcement ac- derstanding the rights and responsibilities of ø tion and nonaviation sources. tion under the program known as Flight Op- this section; and ‘‘(2) RESPONSE TO REQUEST FOR CERTAIN ‘‘(B) ensure the availability and provision of erations Quality Assurance.¿ enforcement ac- CONVEYANCES.—Within 4 months after receiv- tions for violations of the Federal Aviation Reg- appropriate technical assistance manuals to in- ing a request from the Secretary under para- dividuals and entities with rights or duties ulations other than criminal or deliberate acts graph (1), the head of the department, agen- that are reported or discovered as a result of under this section.’’. cy, or instrumentality shall— ø(b)¿ (c) INCREASED CIVIL PENALTIES.—Sec- voluntary reporting programs, such as the ‘‘(A) decide whether the requested convey- tion 46301(a) is amended by— Flight Operations Quality Assurance Program ance is consistent with the needs of the de- (1) inserting ‘‘41705,’’ after ‘‘41704,’’ in para- and the Aviation Safety Action Program. Not partment, agency, or instrumentality; graph (1)(A); and later than 1 year after the last day of the pe- ‘‘(B) notify the Secretary of the decision; (2) adding at the end thereof the following: riod for public comment provided for in the and ø‘‘(7) Unless an air carrier that violates notice of proposed rulemaking, the Adminis- ‘‘(C) make the requested conveyance if— section 41705 with respect to an individual trator shall issue a final rule establishing ‘‘(i) the requested conveyance is consistent provides that individual a credit or voucher those procedures. with the needs of the department, agency, or for the purchase of a ticket on that air car- SEC. 410. WIDE AREA AUGMENTATION SYSTEM. instrumentality; rier or any affiliated air carrier in an (a) PLAN.—The Administrator shall iden- ‘‘(ii) the Attorney General approves the amount (determined by the Secretary) of— tify or develop a plan to implement WAAS to conveyance; and ø‘‘(A) not less than $500 and not more than provide navigation and landing approach ca- ‘‘(iii) the conveyance can be made without $2,500 for the first violation; or pabilities for civilian use and make a deter- cost to the United States Government. ø‘‘(B) not less than $2,500 and not more mination as to whether a backup system is ‘‘(3) REVERSION.—Except as provided in than $5,000 for any subsequent violation, necessary. Until the Administrator deter- subsection (b), a conveyance under this sub- then that air carrier is liable to the United mines that WAAS is the sole means of navi- section may only be made on the condition States Government for a civil penalty, deter- gation, the Administration shall continue to that the property interest conveyed reverts mined by the Secretary, of not more than 100 develop and maintain a backup system. to the Government, at the option of the Sec- percent of the amount of the credit or vouch- (b) REPORT.—Within 6 months after the retary, to the extent it is not developed for er so determined. For purposes of this para- date of enactment of this Act, the Adminis- an airport purpose or used consistently with graph, each act of discrimination prohibited trator shall— the conveyance.’’. by section 41705 constitutes a separate viola- (b) RELEASE OF CERTAIN CONDITIONS.—Sec- (1) report to the Senate Committee on tion of that section.’’.¿ tion 47125 is amended— Commerce, Science, and Transportation and ‘‘(7) VIOLATION OF SECTION 41705.— (1) by redesignating subsection (b) as sub- the House of Representatives Committee on ‘‘(A) CREDIT; VOUCHER; CIVIL PENALTY.— Un- Transportation and Infrastructure, on the less an individual accepts a credit or voucher section (c); and (2) by inserting the following after sub- plan developed under subsection (a); for the purchase of a ticket on an air carrier or (2) submit a timetable for implementing any affiliated air carrier for a violation of sub- section (a): ‘‘(b) RELEASE OF CERTAIN CONDITIONS.—The WAAS; and section (a) in an amount (determined by the Secretary may grant a release from any (3) make a determination as to whether Secretary) of— WAAS will ultimately become a primary or ‘‘(i) not less than $500 and not more than term, condition, reservation, or restriction contained in any conveyance executed under sole means of navigation and landing ap- $2,500 for the first violation; or proach capabilities. ‘‘(ii) not less than $2,500 and not more than this section, section 16 of the Federal Air- (c) WAAS DEFINED.—For purposes of this $5,000 for any subsequent violation, port Act, section 23 of the Airport and Air- then that air carrier is liable to the United way Development Act of 1970, or section 516 section, the term ‘‘WAAS’’ means wide area States Government for a civil penalty, deter- of the Airport and Airway Improvement Act augmentation system. mined by the Secretary, of not more than 100 of 1982, to facilitate the development of addi- (d) FUNDING AUTHORIZATION.—There are au- percent of the amount of the credit or voucher tional revenue from aeronautical and non- thorized to be appropriated to the Secretary so determined. aeronautical sources if the Secretary— of Transportation such sums as may be nec- ‘‘(B) REMEDY NOT EXCLUSIVE.—Nothing in ‘‘(1) determines that the property is no essary to carry out this section. subparagraph (A) precludes or affects the right longer needed for aeronautical purposes; SEC. 411. REGULATION OF ALASKA AIR GUIDES. of persons with disabilities to file private rights ‘‘(2) determines that the property will be The Administrator shall reissue the notice of action under section 41705 or to limit claims used solely to generate revenue for the pub- to operators originally published in the Fed- for compensatory or punitive damages asserted lic airport; eral Register on January 2, 1998, which ad- in such cases. ‘‘(3) provides preliminary notice to the vised Alaska guide pilots of the applicability ‘‘(C) ATTORNEY’S FEES.—In addition to the head of the department, agency, or instru- of part 135 of title 14, Code of Federal Regu- penalty provided by subparagraph (A), an indi- mentality that conveyed the property inter- lations, to guide pilot operations. In reissu- vidual who— est at least 30 days before executing the re- ing the notice, the Administrator shall pro- ‘‘(i) brings a civil action against an air carrier lease; vide for not less than 60 days of public com- to enforce this section; and ‘‘(4) provides notice to the public of the re- ment on the Federal Aviation Administra- ‘‘(ii) who is awarded damages by the court in quested release; tion action. If, notwithstanding the public which the action is brought, ‘‘(5) includes in the release a written jus- comments, the Administrator decides to pro- may be awarded reasonable attorneys’ fees and tification for the release of the property; and ceed with the action, the Administrator costs of litigation reasonably incurred in bring- ‘‘(6) determines that release of the prop- shall publish in the Federal Register a notice ing the action if the court deems it appro- erty will advance civil aviation in the United justifying the Administrator’s decision and priate.’’. States.’’. providing at least 90 days for compliance. SEC. 408. CONVEYANCES OF UNITED STATES GOV- (c) EFFECTIVE DATE.—Section 47125(b) of ERNMENT LAND. title 49, United States Code, as added by sub- øSEC. 412. APPLICATION OF FAA REGULATIONS.¿ (a) IN GENERAL.—Section 47125(a) is amend- section (b) of this section, applies to prop- SEC. 412. ALASKA RURAL AVIATION IMPROVE- ed to read as follows: erty interests conveyed before, on, or after MENT. ‘‘(a) CONVEYANCES TO PUBLIC AGENCIES.— the date of enactment of this Act. øSection 40113¿ (a) APPLICATION OF FAA ‘‘(1) REQUEST FOR CONVEYANCE.—Except as (d) IDITAROD AREA SCHOOL DISTRICT.—Not- REGULATIONS.—Section 40113 is amended by provided in subsection (b) of this section, the withstanding any other provision of law (in- adding at the end thereof the following: Secretary of Transportation— cluding section 47125 of title 49, United ‘‘(f) APPLICATION OF CERTAIN REGULATIONS ‘‘(A) shall request the head of the depart- States Code, as amended by this section), the TO ALASKA.—In amending title 14, Code of ment, agency, or instrumentality of the Administrator of the Federal Aviation Ad- Federal Regulations, in a manner affecting

VerDate 30-SEP-99 02:48 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.001 pfrm01 PsN: S04PT1 October 4, 1999 CONGRESSIONAL RECORD — SENATE S11831 intrastate aviation in Alaska, the Adminis- tives of the aviation industry, shall establish tor General. Appropriate statistical tests trator of the Federal Aviation Administra- a process to assess human factors training as shall be performed to assess relationships be- tion shall consider the extent to which Alas- part of accident and incident investigations. tween costs in the various cost pools and ac- ka is not served by transportation modes ‘‘(d) TEST PROGRAM.—The Administrator tivities and services to which the costs are other than aviation, and shall establish such shall establish a test program in cooperation attributed by the Federal Aviation Adminis- regulatory distinctions as the Administrator with United States air carriers to use model tration. considers appropriate.’’. Jeppesen approach plates or other similar (b) DEADLINE.—The independent analyses (b) AVIATION CLOSED CIRCUIT TELEVISION.— tools to improve nonprecision landing ap- described in this section shall be completed The Administrator of the Federal Aviation Ad- proaches for aircraft. no later than 270 days after the contracts are ministration, in consultation with commercial ‘‘(e) ADVANCED QUALIFICATION PROGRAM awarded to the outside independent contrac- and general aviation pilots, shall install closed DEFINED.—For purposes of this section, the tors. The Inspector General shall submit a circuit weather surveillance equipment at not term ‘advanced qualification program’ final report combining the analyses done by fewer that 15 rural airports in Alaska and pro- means an alternative method for qualifying, its staff with those of the outside inde- vide for the dissemination of information de- training, certifying, and ensuring the com- pendent contractors to the Secretary of rived from such equipment to pilots for pre- petency of flight crews and other commer- Transportation, the Administrator, the Com- flight planning purposes and en route purposes, cial aviation operations personnel subject to mittee on Commerce, Science, and Transpor- including through the dissemination of such in- the training and evaluation requirements of tation of the Senate, and the Committee on formation to pilots by flight service stations. Parts 121 and 135 of title 14, Code of Federal Transportation and Infrastructure of the There are authorized to be appropriated Regulations.’’. House of Representatives. The final report $2,000,000 for the purposes of this subsection. (b) AUTOMATION AND ASSOCIATED TRAIN- shall be submitted by the Inspector General (c) MIKE-IN-HAND WEATHER OBSERVATION.— ING.—The Administrator shall complete the not later than 300 days after the award of The Administrator of the Federal Aviation Ad- Administration’s updating of training prac- contracts. ministration and the Assistant Administrator of tices for flight deck automation and associ- (c) FUNDING.—There are authorized to be the National Weather Service, in consultation ated training requirements within 12 months appropriated such sums as may be necessary with the National Transportation Safety Board after the date of enactment of this Act. for the cost of the contracted audit services and the Governor of the State of Alaska, shall (c) CONFORMING AMENDMENT.—The chapter authorized by this section. develop and implement a ‘‘mike-in-hand’’ analysis for chapter 445 is amended by add- SEC. 415. WHISTLEBLOWER PROTECTION FOR weather observation program in Alaska under ing at the end thereof the following: FAA EMPLOYEES. which Federal Aviation Administration employ- ‘‘44516. Human factors program.’’. Section 347(b)(1) of Public Law 104–50 (49 ees, National Weather Service employees, other SEC. 414. INDEPENDENT VALIDATION OF FAA U.S.C. 106, note) is amended by striking Federal or State employees sited at an airport, COSTS AND ALLOCATIONS. ‘‘protection;’’ and inserting ‘‘protection, in- or persons contracted specifically for such pur- (a) INDEPENDENT ASSESSMENT.— cluding the provisions for investigations and pose (including part-time contract employees (1) INITIATION.—Not later than 90 days after enforcement as provided in chapter 12 of title who are not sited at such airport), will provide the date of enactment of this Act, the In- 5, United States Code;’’. near-real time aviation weather information via spector General of the Department of Trans- SEC. 416. REPORT ON MODERNIZATION OF OCE- radio and otherwise to pilots who request such portation shall initiate the analyses de- ANIC ATC SYSTEM. information. scribed in paragraph (2). In conducting the The Administrator of the Federal Aviation (d) RURAL IFR COMPLIANCE.—There are au- analyses, the Inspector General shall ensure Administration shall report to the Congress thorized to be appropriated $4,000,000 to the Ad- that the analyses are carried out by 1 or on plans to modernize the oceanic air traffic ministrator for runway lighting and weather re- more entities that are independent of the control system, including a budget for the porting systems at remote airports in Alaska to Federal Aviation Administration. The In- program, a determination of the require- implement the CAPSTONE project. spector General may use the staff and re- ments for modernization, and, if necessary, a SEC. 413. HUMAN FACTORS PROGRAM. sources of the Inspector General or may con- proposal to fund the program. (a) IN GENERAL.—Chapter 445 is amended tract with independent entities to conduct SEC. 417. REPORT ON AIR TRANSPORTATION by adding at the end thereof the following: the analyses. OVERSIGHT SYSTEM. ‘‘§ 44516. Human factors program (2) ASSESSMENT OF ADEQUACY AND ACCURACY Beginning in 2000, the Administrator of the ‘‘(a) OVERSIGHT COMMITTEE.—The Adminis- OF FAA COST DATA AND ATTRIBUTIONS.—To en- Federal Aviation Administration shall re- trator of the Federal Aviation Administra- sure that the method for capturing and dis- port biannually to the Congress on the air tion shall establish an advanced qualifica- tributing the overall costs of the Federal transportation oversight system program an- tion program oversight committee to advise Aviation Administration is appropriate and nounced by the Administration on May 13, the Administrator on the development and reasonable, the Inspector General shall con- 1998, in detail on the training of inspectors, execution of Advanced Qualification Pro- duct an assessment that includes the fol- the number of inspectors using the system, grams for air carriers under this section, and lowing: air carriers subject to the system, and the to encourage their adoption and implemen- (A)(i) Validation of Federal Aviation Ad- budget for the system. tation. ministration cost input data, including an SEC. 418. RECYCLING OF EIS. ‘‘(b) HUMAN FACTORS TRAINING.— audit of the reliability of Federal Aviation Notwithstanding any other provision of ‘‘(1) AIR TRAFFIC CONTROLLERS.—The Ad- Administration source documents and the law to the contrary, the Secretary of Trans- ministrator shall— integrity and reliability of the Federal Avia- portation may authorize the use, in whole or ‘‘(A) address the problems and concerns tion Administration’s data collection proc- in part, of a completed environmental as- raised by the National Research Council in ess. sessment or environmental impact study for its report ‘The Future of Air Traffic Control’ (ii) An assessment of the reliability of the a new airport construction project on the air on air traffic control automation; and Federal Aviation Administration’s system operations area, that is substantially similar ‘‘(B) respond to the recommendations made for tracking assets. in nature to one previously constructed pur- by the National Research Council. (iii) An assessment of the reasonableness of suant to the completed environmental as- ‘‘(2) PILOTS AND FLIGHT CREWS.—The Ad- the Federal Aviation Administration’s bases sessment or environmental impact study in ministrator shall work with the aviation in- for establishing asset values and deprecia- order to avoid unnecessary duplication of ex- dustry to develop specific training curricula, tion rates. pense and effort, and any such authorized within 12 months after the date of enactment (iv) An assessment of the Federal Aviation use shall meet all requirements of Federal of the Air Transportation Improvement Act, Administration’s system of internal controls law for the completion of such an assessment to address critical safety problems, including for ensuring the consistency and reliability or study. problems of pilots— of reported data to begin immediately after SEC. 419. PROTECTION OF EMPLOYEES PRO- ‘‘(A) in recovering from loss of control of full operational capability of the cost ac- VIDING AIR SAFETY INFORMATION. the aircraft, including handling unusual atti- counting system. (a) GENERAL RULE.—Chapter 421 is amend- tudes and mechanical malfunctions; (B) A review and validation of the Federal ed by adding at the end the following new ‘‘(B) in deviating from standard operating Aviation Administration’s definition of the subchapter: procedures, including inappropriate re- services to which the Federal Aviation Ad- ‘‘SUBCHAPTER III—WHISTLEBLOWER sponses to emergencies and hazardous weath- ministration ultimately attributes its costs, PROTECTION PROGRAM er; and the methods used to identify direct costs ‘‘(C) in awareness of altitude and location associated with the services. ‘‘§ 42121. Protection of employees providing relative to terrain to prevent controlled (C) An assessment and validation of the air safety information flight into terrain; and general cost pools used by the Federal Avia- ‘‘(a) DISCRIMINATION AGAINST AIRLINE EM- ‘‘(D) in landing and approaches, including tion Administration, including the rationale PLOYEES.—No air carrier or contractor or nonprecision approaches and go-around pro- for and reliability of the bases on which the subcontractor of an air carrier may dis- cedures. Federal Aviation Administration proposes to charge an employee of the air carrier or the ‘‘(c) ACCIDENT INVESTIGATIONS.—The Ad- allocate costs of services to users and the in- contractor or subcontractor of an air carrier ministrator, working with the National tegrity of the cost pools as well as any other or otherwise discriminate against any such Transportation Safety Board and representa- factors considered important by the Inspec- employee with respect to compensation,

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terms, conditions, or privileges of employ- ‘‘(iv) EFFECT OF FILING.—The filing of ob- the order an amount equal to the aggregate ment because the employee (or any person jections under clause (iii) shall not operate amount of all costs and expenses (including acting pursuant to a request of the em- to stay any reinstatement remedy contained attorney and expert witness fees) reasonably ployee)— in the preliminary order. incurred by the complainant (as determined ‘‘(1) provided, caused to be provided, or is ‘‘(v) HEARINGS.—Hearings conducted pursu- by the Secretary of Labor) for, or in connec- about to provide or cause to be provided to ant to a request made under clause (iii) shall tion with, the bringing of the complaint that the Federal Government information relat- be conducted øexpeditiously.¿ expeditiously resulted in the issuance of the order. ing to any violation or alleged violation of and governed by the Federal Rules of Civil Pro- ‘‘(4) FRIVOLOUS COMPLAINTS.—Rule 11 of the any order, regulation, or standard of the cedure. If a hearing is not requested during Federal Rules of Civil Procedure applies to any Federal Aviation Administration or any the 30-day period prescribed in clause (iii), complaint brought under this section that the other provision of Federal law relating to air the preliminary order shall be deemed a final Secretary finds to be frivolous or to have been carrier safety under this subtitle or any order that is not subject to judicial review. brought in bad faith. other law of the United States; ‘‘(B) REQUIREMENTS.— ‘‘ø(4)¿ (5) REVIEW.— ‘‘(2) has filed, caused to be filed, or is about ‘‘(i) REQUIRED SHOWING BY COMPLAINANT.— ‘‘(A) APPEAL TO COURT OF APPEALS.— to file or cause to be filed a proceeding relat- The Secretary of Labor shall dismiss a com- ‘‘(i) IN GENERAL.—Not later than 60 days ing to any violation or alleged violation of plaint filed under this subsection and shall after a final order is issued under paragraph any order, regulation, or standard of the not conduct an investigation otherwise re- (3), a person adversely affected or aggrieved Federal Aviation Administration or any quired under subparagraph (A) unless the by that order may obtain review of the order other provision of Federal law relating to air complainant makes a prima facie showing in the United States court of appeals for the carrier safety under this subtitle or any that any behavior described in paragraphs (1) circuit in which the violation allegedly oc- other law of the United States; through (4) of subsection (a) was a contrib- curred or the circuit in which the complain- ‘‘(3) testified or will testify in such a pro- uting factor in the unfavorable personnel ac- ant resided on the date of that violation. ceeding; or tion alleged in the complaint. ‘‘(ii) REQUIREMENTS FOR JUDICIAL REVIEW.— ‘‘(4) assisted or participated or is about to ‘‘(ii) SHOWING BY EMPLOYER.—Notwith- A review conducted under this paragraph assist or participate in such a proceeding. standing a finding by the Secretary that the shall be conducted in accordance with chap- complainant has made the showing required ‘‘(b) DEPARTMENT OF LABOR COMPLAINT ter 7 of title 5. The commencement of pro- under clause (i), no investigation otherwise ceedings under this subparagraph shall not, PROCEDURE.— required under subparagraph (A) shall be ‘‘(1) FILING AND NOTIFICATION.— unless ordered by the court, operate as a conducted if the employer demonstrates, by stay of the order that is the subject of the re- ‘‘(A) IN GENERAL.—In accordance with this clear and convincing evidence, that the em- paragraph, a person may file (or have a per- view. ployer would have taken the same unfavor- ‘‘(B) LIMITATION ON COLLATERAL ATTACK.— son file on behalf of that person) a complaint able personnel action in the absence of that with the Secretary of Labor if that person An order referred to in subparagraph (A) behavior. shall not be subject to judicial review in any believes that an air carrier or contractor or ‘‘(iii) CRITERIA FOR DETERMINATION BY SEC- subcontractor of an air carrier discharged or criminal or other civil proceeding. RETARY.—The Secretary may determine that ‘‘ø(5)¿ (6) ENFORCEMENT OF ORDER BY SEC- otherwise discriminated against that person a violation of subsection (a) has occurred in violation of subsection (a). RETARY OF LABOR.— only if the complainant demonstrates that ‘‘(A) IN GENERAL.—If an air carrier, con- ‘‘(B) REQUIREMENTS FOR FILING COM- any behavior described in paragraphs (1) PLAINTS.—A complaint referred to in sub- tractor, or subcontractor named in an order through (4) of subsection (a) was a contrib- issued under paragraph (3) fails to comply paragraph (A) may be filed not later than 90 uting factor in the unfavorable personnel ac- days after an alleged violation occurs. The with the order, the Secretary of Labor may tion alleged in the complaint. file a civil action in the United States dis- complaint shall state the alleged violation. ‘‘(iv) PROHIBITION.—Relief may not be or- ‘‘(C) NOTIFICATION.—Upon receipt of a com- trict court for the district in which the vio- dered under subparagraph (A) if the em- lation occurred to enforce that order. plaint submitted under subparagraph (A), ployer demonstrates by clear and convincing ‘‘(B) RELIEF.—In any action brought under the Secretary of Labor shall notify the air evidence that the employer would have this paragraph, the district court shall have carrier, contractor, or subcontractor named taken the same unfavorable personnel action jurisdiction to grant any appropriate form of in the complaint and the Administrator of in the absence of that behavior. relief, including injunctive relief and com- the Federal Aviation Administration of the— ‘‘(3) FINAL ORDER.— pensatory damages. ‘‘(i) filing of the complaint; ‘‘(A) DEADLINE FOR ISSUANCE; SETTLEMENT ‘‘ø(6)¿ (7) ENFORCEMENT OF ORDER BY PAR- ‘‘(ii) allegations contained in the com- AGREEMENTS.— TIES.— plaint; ‘‘(i) IN GENERAL.—Not later than 120 days ‘‘(A) COMMENCEMENT OF ACTION.—A person ‘‘(iii) substance of evidence supporting the after conclusion of a hearing under para- on whose behalf an order is issued under complaint; and graph (2), the Secretary of Labor shall issue ‘‘(iv) opportunities that are afforded to the a final order that— paragraph (3) may commence a civil action air carrier, contractor, or subcontractor ‘‘(I) provides relief in accordance with this against the air carrier, contractor, or sub- under paragraph (2). paragraph; or contractor named in the order to require compliance with the order. The appropriate ‘‘(2) INVESTIGATION; PRELIMINARY ORDER.— ‘‘(II) denies the complaint. United States district court shall have juris- ‘‘(A) IN GENERAL.— ‘‘(ii) SETTLEMENT AGREEMENT.—At any ‘‘(i) INVESTIGATION.—Not later than 60 days time before issuance of a final order under diction, without regard to the amount in after receipt of a complaint filed under para- this paragraph, a proceeding under this sub- controversy or the citizenship of the parties, graph (1) and after affording the person section may be terminated on the basis of a to enforce the order. named in the complaint an opportunity to settlement agreement entered into by the ‘‘(B) ATTORNEY FEES.—In issuing any final submit to the Secretary of Labor a written Secretary of Labor, the complainant, and the order under this paragraph, the court may response to the complaint and an oppor- air carrier, contractor, or subcontractor al- award costs of litigation (including reason- tunity to meet with a representative of the leged to have committed the violation. able attorney and expert witness fees) to any Secretary to present statements from wit- ‘‘(B) REMEDY.—If, in response to a com- party if the court determines that the nesses, the Secretary of Labor shall conduct plaint filed under paragraph (1), the Sec- awarding of those costs is appropriate. ‘‘(c) MANDAMUS.—Any nondiscretionary an investigation and determine whether retary of Labor determines that a violation duty imposed by this section shall be en- there is reasonable cause to believe that the of subsection (a) has occurred, the Secretary forceable in a mandamus proceeding brought complaint has merit and notify in writing of Labor shall order the air carrier, con- under section 1361 of title 28. the complainant and the person alleged to tractor, or subcontractor that the Secretary ‘‘(d) NONAPPLICABILITY TO DELIBERATE VIO- have committed a violation of subsection (a) of Labor determines to have committed the LATIONS.—Subsection (a) shall not apply with of the Secretary’s findings. violation to— respect to an employee of an air carrier, or ‘‘(ii) ORDER.—Except as provided in sub- ‘‘(i) take action to abate the violation; contractor or subcontractor of an air carrier paragraph (B), if the Secretary of Labor con- ‘‘(ii) reinstate the complainant to the who, acting without direction from the air cludes that there is reasonable cause to be- former position of the complainant and en- carrier (or an agent, contractor, or subcon- lieve that a violation of subsection (a) has sure the payment of compensation (including tractor of the air carrier), deliberately occurred, the Secretary shall accompany the back pay) and the restoration of terms, con- causes a violation of any requirement relat- findings referred to in clause (i) with a pre- ditions, and privileges associated with the ing to air carrier safety under this subtitle liminary order providing the relief pre- employment; and or any other law of the øUnited States.’’.¿ scribed under paragraph (3)(B). ‘‘(iii) provide compensatory damages to United States. ‘‘(iii) OBJECTIONS.—Not later than 30 days the complainant. ‘‘(e) CONTRACTOR DEFINED.—In this section, after the date of notification of findings ‘‘(C) COSTS OF COMPLAINT.—If the Secretary the term ‘contractor’ means a company that per- under this paragraph, the person alleged to of Labor issues a final order that provides for forms safety-sensitive functions by contract for have committed the violation or the com- relief in accordance with this paragraph, the an air carrier.’’. plainant may file objections to the findings Secretary of Labor, at the request of the (b) CONFORMING AMENDMENT.—The chapter or preliminary order and request a hearing complainant, shall assess against the air car- analysis for chapter 421 is amended by add- on the record. rier, contractor, or subcontractor named in ing at the end the following:

VerDate 30-SEP-99 02:02 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.002 pfrm01 PsN: S04PT1 October 4, 1999 CONGRESSIONAL RECORD — SENATE S11833 ‘‘SUBCHAPTER III—WHISTLEBLOWER the District of Columbia, generating a total lish an Intergovernmental Task Force for PROTECTION PROGRAM tourism-related annual payroll of International Visitor Assistance (hereafter ‘‘42121. Protection of employees providing air $127,900,000,000. in this subsection referred to as the ‘‘Task safety information.’’. (C) The industry has become the Nation’s Force’’). (c) CIVIL PENALTY.—Section 46301(a)(1)(A) third-largest retail sales industry, gener- (2) DUTIES.—The Task Force shall is amended by striking ‘‘subchapter II of ating a total of $489,000,000,000 in total ex- examine— chapter 421,’’ and inserting ‘‘subchapter II or penditures. (A) signage at facilities in the United III of chapter 421,’’. (D) The industry generated $71,700,000,000 States, including airports, seaports, land SEC. 420. IMPROVEMENTS TO AIR NAVIGATION in tax revenues for Federal, State, and local border crossings, highways, and bus, train, FACILITIES. governments; and other public transit stations, and shall Section 44502(a) is amended by adding at (3) the more than $98,000,000,000 spent by identify existing inadequacies and suggest the end thereof the following: foreign visitors in the United States in 1997 solutions for such inadequacies, such as the ‘‘(5) The Administrator may improve real generated a trade services surplus of more adoption of uniform standards on inter- property leased for air navigation facilities than $26,000,000,000; national signage for use throughout the without regard to the costs of the improve- (4) the private sector, States, and cities United States in order to facilitate inter- ments in relation to the cost of the lease if— currently spend more than $1,000,000,000 an- national visitors’ travel in the United ‘‘(A) the improvements primarily benefit nually to promote particular destinations States; the government; within the United States to international (B) the availability of multilingual travel ‘‘(B) are essential for mission accomplish- visitors; and tourism information and means of dis- ment; and (5) because other nations are spending hun- seminating, at no or minimal cost to the ‘‘(C) the government’s interest in the im- dreds of millions of dollars annually to pro- Government, of such information; and provements is protected.’’. mote the visits of international tourists to (C) facilitating the establishment of a toll- SEC. 421. DENIAL OF AIRPORT ACCESS TO CER- their countries, the United States will miss free, private-sector operated, telephone num- TAIN AIR CARRIERS. a major marketing opportunity if it fails to ber, staffed by multilingual operators, to Section 47107 is amended by adding at the aggressively compete for an increased share provide assistance to international tourists end thereof the following: of international tourism expenditures as coping with an emergency. ‘‘(q) DENIAL OF ACCESS.— they continue to increase over the next dec- (3) MEMBERSHIP.—The Task Force shall be ‘‘(1) EFFECT OF DENIAL.—If an owner or op- ade; composed of the following members: erator of an airport described in paragraph (6) a well-funded, well-coordinated inter- (A) The Secretary of Commerce. (2) denies access to an air carrier described national marketing effort—combined with (B) The Secretary of State. in paragraph (3), that denial shall not be con- additional public and private sector efforts— (C) The Secretary of Transportation. sidered to be unreasonable or unjust dis- would help small and large businesses, as (D) The Chair of the Board of Directors of crimination or a violation of this section. well as State and local governments, share the United States National Tourism Organi- ‘‘(2) AIRPORTS TO WHICH SUBSECTION AP- in the anticipated phenomenal growth of the zation. PLIES.—An airport is described in this para- international travel and tourism market in (E) Such other representatives of other graph if it— the 21st century; Federal agencies and private-sector entities ‘‘(A) is designated as a reliever airport by (7) by making permanent the successful as may be determined to be appropriate to the Administrator of the Federal Aviation visa waiver pilot program, Congress can fa- the mission of the Task Force by the Chair- Administration; cilitate the increased flow of international man. ‘‘(B) does not have an operating certificate visitors to the United States; (4) CHAIRMAN.—The Secretary of Commerce issued under part 139 of title 14, Code of Fed- (8) Congress can increase the opportunities shall be Chairman of the Task Force. The eral Regulations (or any subsequent similar for attracting international visitors and en- Task Force shall meet at least twice each regulations); and hancing their stay in the United States by— year. Each member of the Task Force shall ‘‘(C) is located within a 35-mile radius of an (A) improving international signage at air- furnish necessary assistance to the Task airport that has— ports, seaports, land border crossings, high- Force. ‘‘(i) at least 0.05 percent of the total annual ways, and bus, train, and other public transit (5) REPORT.—Not later than 18 months boardings in the United States; and stations in the United States; after the date of the enactment of this Act, ‘‘(ii) current gate capacity to handle the (B) increasing the availability of multi- the Chairman of the Task Force shall submit demands of a public charter operation. lingual tourist information; and to the President and to Congress a report on ‘‘(3) AIR CARRIERS DESCRIBED.—An air car- (C) creating a toll-free, private-sector oper- the results of the review, including proposed rier is described in this paragraph if it con- ated, telephone number, staffed by multi- amendments to existing laws or regulations ducts operations as a public charter under lingual operators, to provide assistance to as may be appropriate to implement such part 380 of title 14, Code of Federal Regula- international tourists coping with an emer- recommendations. tions (or any subsequent similar regulations) gency; (d) TRAVEL AND TOURISM INDUSTRY SAT- with aircraft that is designed to carry more (9) by establishing a satellite system of ac- ELLITE SYSTEM OF ACCOUNTING.— than 9 passengers per flight. counting for travel and tourism, the Sec- (1) IN GENERAL.—The Secretary of Com- ‘‘(4) DEFINITIONS.—In this subsection: retary of Commerce could provide Congress merce shall complete, as soon as may be ‘‘(A) AIR CARRIER; AIR TRANSPORTATION; and the President with objective, thorough practicable, a satellite system of accounting AIRCRAFT; AIRPORT.—The terms ‘air carrier’, data that would help policymakers more ac- for the travel and tourism industry. ‘air transportation’, ‘aircraft’, and ‘airport’ curately gauge the size and scope of the do- (2) FUNDING.—To the extent any costs or have the meanings given those terms in sec- mestic travel and tourism industry and its expenditures are incurred under this sub- tion 40102 of this title. significant impact on the health of the Na- section, they shall be covered to the extent ‘‘(B) PUBLIC CHARTER.—The term ‘public tion’s economy; and funds are available to the Department of charter’ means charter air transportation for (10) having established the United States Commerce for such purpose. which the general public is provided in ad- National Tourism Organization under the (e) AUTHORIZATION OF APPROPRIATIONS.— vance a schedule containing the departure United States National Tourism Organiza- (1) AUTHORIZATION.—Subject to paragraph location, departure time, and arrival loca- tion Act of 1996 (22 U.S.C. 2141 et seq.) to in- (2), there are authorized to be appropriated tion of the flights.’’. crease the United States share of the inter- such sums as may be necessary for the pur- SEC. 422. TOURISM. national tourism market by developing a na- pose of funding international promotional (a) FINDINGS.—Congress finds that— tional travel and tourism strategy, Congress activities by the United States National (1) through an effective public-private should support a long-term marketing effort Tourism Organization to help brand, posi- partnership, Federal, State, and local gov- and other important regulatory reform ini- tion, and promote the United States as the ernments and the travel and tourism indus- tiatives to promote increased travel to the premiere travel and tourism destination in try can successfully market the United United States for the benefit of every sector the world. States as the premiere international tourist of the economy. (2) RESTRICTIONS ON USE OF FUNDS.—None destination in the world; (b) PURPOSES.—The purposes of this section of the funds appropriated under paragraph (1) (2) in 1997, the travel and tourism industry are to provide international visitor initia- may be used for purposes other than mar- made a substantial contribution to the tives and an international marketing pro- keting, research, outreach, or any other ac- health of the Nation’s economy, as follows: gram to enable the United States travel and tivity designed to promote the United States (A) The industry is one of the Nation’s tourism industry and every level of govern- as the premiere travel and tourism destina- largest employers, directly employing ment to benefit from a successful effort to tion in the world, except that the general 7,000,000 Americans, throughout every region make the United States the premiere travel and administrative expenses of operating the of the country, heavily concentrated among destination in the world. United States National Tourism Organiza- small businesses, and indirectly employing (c) INTERNATIONAL VISITOR ASSISTANCE tion shall be borne by the private sector an additional 9,200,000 Americans, for a total TASK FORCE.— through such means as the Board of Direc- of 16,200,000 jobs. (1) ESTABLISHMENT.—Not later than 9 tors of the Organization shall determine. (B) The industry ranks as the first, second, months after the date of enactment of this (3) REPORT TO CONGRESS.—Not later than or third largest employer in 32 States and Act, the Secretary of Commerce shall estab- March 30 of each year in which funds are

VerDate 30-SEP-99 02:02 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.002 pfrm01 PsN: S04PT1 S11834 CONGRESSIONAL RECORD — SENATE October 4, 1999 made available under subsection (a), the Sec- to the Board under any law, rule, or regula- needed in order to better utilize Federal retary shall submit to the Committee on tion as of March 31, 1996.’’. Aviation Administration resources, the Ad- Commerce of the House of Representatives SEC 426. AIRCRAFT AND AVIATION COMPONENT ministrator may— and the Committee on Commerce, Science, REPAIR AND MAINTENANCE ADVI- (1) require United States air carriers to and Transportation of the Senate a detailed SORY PANEL. submit the information described in sub- report setting forth— (a) ESTABLISHMENT OF PANEL.—The Admin- section (d) with respect to their use of con- (A) the manner in which appropriated istrator of the Federal Aviation tract and noncontract aircraft and aviation funds were expended; Administration— component repair facilities located in the (B) changes in the United States market (1) shall establish an Aircraft Repair and United States; and share of international tourism in general and Maintenance Advisory Panel to review issues (2) obtain information from such stations as measured against specific countries and related to the use and oversight of aircraft about work performed for foreign air car- regions; and aviation component repair and mainte- riers. (C) an analysis of the impact of inter- nance facilities located within, or outside of, (f) FAA TO MAKE INFORMATION AVAILABLE national tourism on the United States econ- the United States; and TO PUBLIC.—The Administrator shall make omy, including, as specifically as prac- (2) may seek the advice of the panel on any any information received under subsection ticable, an analysis of the impact of expendi- issue related to methods to improve the safe- (d) or (e) available to the public. tures made pursuant to this section; ty of domestic or foreign contract aircraft (g) TERMINATION.—The panel established (D) an analysis of the impact of inter- and aviation component repair facilities. under subsection (a) shall terminate on the national tourism on the United States trade (b) MEMBERSHIP.—The panel shall consist earlier of— balance and, as specifically as practicable, of— (1) the date that is 2 years after the date of an analysis of the impact on the trade bal- (1) 8 members, appointed by the Adminis- enactment of this Act; or ance of expenditures made pursuant to this trator as follows: (2) December 31, 2000. section; and (A) 3 representatives of labor organizations (h) ANNUAL REPORT TO CONGRESS.—The Ad- (E) an analysis of other relevant economic representing aviation mechanics; ministrator shall report annually to the Con- impacts as a result of expenditures made (B) 1 representative of cargo air carriers; gress on the number and location of air agen- pursuant to this section. (C) 1 representative of passenger air car- cy certificates that were revoked, suspended, riers; or not renewed during the preceding year. SEC. 423. EQUIVALENCY OF FAA AND EU SAFETY (i) DEFINITIONS.—Any term used in this STANDARDS. (D) 1 representative of aircraft and avia- tion component repair stations; section that is defined in subtitle VII of title The Administrator of the Federal Aviation (E) 1 representative of aircraft manufac- 49, United States Code, has the meaning Administration shall determine whether the turers; and given that term in that subtitle. Administration’s safety regulations are (F) 1 representative of the aviation indus- øSEC. 427. REPORT ON ENHANCED DOMESTIC equivalent to the safety standards set forth try not described in the preceding subpara- AIRLINE COMPETITION. in European Union Directive 89/336EEC. If graphs; ø(a) FINDINGS.—The Congress makes the the Administrator determines that the (2) 1 representative from the Department following findings: standards are equivalent, the Administrator of Transportation, designated by the Sec- ø(1) There has been a reduction in the level shall work with the Secretary of Commerce retary of Transportation; of competition in the domestic airline busi- to gain acceptance of that determination (3) 1 representative from the Department ness brought about by mergers, consolida- pursuant to the Mutual Recognition Agree- of State, designated by the Secretary of tions, and proposed domestic alliances. ment between the United States and the Eu- State; and ø(2) Foreign citizens and foreign air car- ropean Union of May 18, 1998, in order to en- (4) 1 representative from the Federal Avia- riers may be willing to invest in existing or sure that aviation products approved by the tion Administration, designated by the Ad- start-up airlines if they are permitted to ac- Administration are acceptable under that ministrator. quire a larger equity share of a United Directive. (c) RESPONSIBILITIES.—The panel shall— States airline. SEC. 424. SENSE OF THE SENATE ON PROPERTY (1) determine how much aircraft and avia- ø(b) STUDY.—The Secretary of Transpor- TAXES ON PUBLIC-USE AIRPORTS. tion component repair work and what type tation, after consulting the appropriate Fed- It is the sense of the Senate that— of aircraft and aviation component repair eral agencies, shall study and report to the (1) property taxes on public-use airports work is being performed by aircraft and avia- Congress not later than June 30, 1999, on the should be assessed fairly and equitably, re- tion component repair stations located with- desirability and implications of— gardless of the location of the owner of the in, and outside of, the United States to bet- ø(1) decreasing the foreign ownership pro- airport; and ter understand and analyze methods to im- vision in section 40102(a)(15) of title 49, (2) the property tax recently assessed on prove the safety and oversight of such facili- United States Code, to 51 percent from 75 the City of The Dalles, Oregon, as the owner ties; and percent; and and operator of the Columbia Gorge Re- (2) provide advice and counsel to the Ad- ø(2) changing the definition of air carrier gional/The Dalles Municipal Airport, located ministrator with respect to aircraft and in section 40102(a)(2) of such title by sub- in the State of Washington, should be re- aviation component repair work performed stituting ‘‘a company whose principal place pealed. by those stations, staffing needs, and any of business is in the United States’’ for ‘‘a SEC. 425. FEDERAL AVIATION ADMINISTRATION safety issues associated with that work. citizen of the United States’’.¿ PERSONNEL MANAGEMENT SYSTEM. (d) FAA TO REQUEST INFORMATION FROM SEC. 427. AUTHORITY TO SELL AIRCRAFT AND (a) APPLICABILITY OF MERIT SYSTEMS PRO- FOREIGN AIRCRAFT REPAIR STATIONS.— AIRCRAFT PARTS FOR USE IN RE- TECTION BOARD PROVISIONS.—Section 347(b) (1) COLLECTION OF INFORMATION.—The Ad- SPONDING TO OIL SPILLS. of the Department of Transportation and Re- ministrator shall by regulation request air- (a) AUTHORITY.— (1) Notwithstanding section 202 of the Federal lated Agencies Appropriations Act, 1996 (109 craft and aviation component repair stations Property and Administrative Services Act of 1949 Stat. 460) is amended— located outside the United States to submit (40 U.S.C. 483) and subject to subsections (b) (1) by striking ‘‘and’’ at the end of para- such information as the Administrator may and (c), the Secretary of Defense may, during graph (6); require in order to assess safety issues and the period beginning March 1, 1999, and ending (2) by striking the period at the end of enforcement actions with respect to the on September 30, 2002, sell aircraft and aircraft paragraph (7) and inserting a semicolon and work performed at those stations on aircraft parts referred to in paragraph (2) to a person or ‘‘and’’; and used by United States air carriers. entity that contracts to deliver oil dispersants by (3) by adding at the end thereof the fol- (2) DRUG AND ALCOHOL TESTING INFORMA- air in order to disperse oil spills, and that has lowing: TION.—Included in the information the Ad- been approved by the Secretary of the Depart- ‘‘(8) sections 1204, 1211–1218, 1221, and 7701– ministrator requests under paragraph (1) ment in which the Coast Guard is operating, for 7703, relating to the Merit Systems Protec- shall be information on the existence and ad- the delivery of oil dispersants by air in order to tion Board.’’. ministration of employee drug and alcohol disperse oil spills. (b) APPEALS TO MERIT SYSTEMS PROTECTION testing programs in place at such stations, if (2) The aircraft and aircraft parts that may be BOARD.—Section 347(c) of the Department of applicable. sold under paragraph (1) are aircraft and air- Transportation and Related Agencies Appro- (3) DESCRIPTION OF WORK DONE.—Included in craft parts of the Department of Defense that priations Act, 1996 is amended to read as fol- the information the Administrator requests lows: are determined by the Secretary to be— under paragraph (1) shall be information on (A) excess to the needs of the Department; ‘‘(c) APPEALS TO MERIT SYSTEMS PROTEC- the amount and type of aircraft and aviation (B) acceptable for commercial sale; and TION BOARD.—Under the new personnel man- component repair work performed at those (C) with respect to aircraft, 10 years old or agement system developed and implemented stations on aircraft registered in the United older. under subsection (a), an employee of the Fed- States. (b) CONDITIONS OF SALE.—Aircraft and air- eral Aviation Administration may submit an (e) FAA TO REQUEST INFORMATION ABOUT craft parts sold under subsection (a)— appeal to the Merit Systems Protection DOMESTIC AIRCRAFT REPAIR STATIONS.—If the (1) may be used only for oil spill spotting, ob- Board and may seek judicial review of any Administrator determines that information servation, and dispersant delivery; and resulting final orders or decisions of the on the volume of the use of domestic aircraft (2) may not be flown outside of or removed Board from any action that was appealable and aviation component repair stations is from the United States except for the purpose of

VerDate 30-SEP-99 02:02 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 6333 E:\CR\FM\A04OC6.002 pfrm01 PsN: S04PT1 October 4, 1999 CONGRESSIONAL RECORD — SENATE S11835 fulfilling an international agreement to assist in (2) the person agree to block selectively viable, competitive service for the Charlotte- oil spill dispersing efforts, or for other purposes the aircraft registration numbers of any air- London (Gatwick) route; and that are jointly approved by the Secretary of craft owner or operator upon the Adminis- (3) ensure that the rights of the Govern- Defense and the Secretary of Transportation. tration’s request. ment of the United States and citizens and (c) CERTIFICATION OF PERSONS AND ENTITIES.— (b) EXISTING MEMORANDA TO BE CON- air carriers of the United States are enforced The Secretary of Defense may sell aircraft and FORMED.—The Administrator shall conform under the Bermuda II Agreement before aircraft parts to a person or entity under sub- any memoranda of agreement, in effect on seeking to renegotiate a broader bilateral section (a) only if the Secretary of Transpor- the date of enactment of this Act, between agreement to establish additional rights for tation certifies to the Secretary of Defense, in the Administration and a person under air carriers of the United States and foreign writing, before the sale, that the person or enti- which that person obtains such data to in- air carriers of the United Kingdom. ty is capable of meeting the terms and condi- corporate the requirements of subsection (a) SEC. 430. TO EXPRESS THE SENSE OF THE SEN- tions of a contract to deliver oil spill dispersants within 30 days after that date. ATE CONCERNING A BILATERAL by air. SEC. 429. TO EXPRESS THE SENSE OF THE SEN- AGREEMENT BETWEEN THE UNITED (d) REGULATIONS.— ATE CONCERNING A BILATERAL STATES AND THE UNITED KINGDOM (1) As soon as practicable after the date of en- AGREEMENT BETWEEN THE UNITED REGARDING CLEVELAND-LONDON ROUTE. actment of this Act, the Secretary of Defense STATES AND THE UNITED KINGDOM (a) DEFINITIONS.—In this section: shall, in consultation with the Secretary of REGARDING CHARLOTTE-LONDON (1) AIR CARRIER.—The term ‘‘air carrier’’ Transportation and the Administrator of Gen- ROUTE. (a) DEFINITIONS.—In this section: has the meaning given that term in section eral Services, prescribe regulations relating to 40102 of title 49, United States Code. the sale of aircraft and aircraft parts under this (1) AIR CARRIER.—The term ‘‘air carrier’’ (2) AIRCRAFT.—The term ‘‘aircraft’’ has the section. has the meaning given that term in section 40102 of title 49, United States Code. meaning given that term in section 40102 of (2) The regulations shall— title 49, United States Code. (A) ensure that the sale of the aircraft and (2) BERMUDA II AGREEMENT.—The term (3) AIR TRANSPORTATION.—The term ‘‘air aircraft parts is made at a fair market value as ‘‘Bermuda II Agreement’’ means the Agree- transportation’’ has the meaning given that determined by the Secretary of Defense, and, to ment Between the United States of America and United Kingdom of Great Britain and term in section 40102 of title 49, United the extent practicable, on a competitive basis; States Code. (B) require a certification by the purchaser Northern Ireland Concerning Air Services, (4) BERMUDA II AGREEMENT.—The term that the aircraft and aircraft parts will be used signed at Bermuda on July 23, 1977 (TIAS ‘‘Bermuda II Agreement’’ means the Agree- in subsection (b); 8641). ment Between the United States of America (C) establish appropriate means of verifying (3) CHARLOTTE-LONDON (GATWICK) ROUTE.— and United Kingdom of Great Britain and and enforcing the use of the aircraft and air- The term ‘‘Charlotte-London (Gatwick) Northern Ireland Concerning Air Services, craft parts by the purchaser and other end-users route’’ means the route between Charlotte, signed at Bermuda on July 23, 1977 (TIAS in accordance with the conditions set forth in North Carolina, and the Gatwick Airport in 8641). subsection (b) or pursuant to sub- section (e); London, England. (5) CLEVELAND-LONDON (GATWICK) ROUTE.— and (4) FOREIGN AIR CARRIER.—The term ‘‘for- The term ‘‘Cleveland-London (Gatwick) (D) ensure, to the maximum extent prac- eign air carrier’’ has the meaning given that route’’ means the route between Cleveland, ticable, that the Secretary of Defense consults term in section 40102 of title 49, United Ohio, and the Gatwick Airport in London, with the Administrator of General Services and States Code. England. with the heads of appropriate departments and (5) SECRETARY.—The term ‘‘Secretary’’ (6) FOREIGN AIR CARRIER.—The term ‘‘for- agencies of the Federal Government regarding means the Secretary of Transportation. eign air carrier’’ has the meaning given that alternative requirements for such aircraft and (b) FINDINGS.—Congress finds that— (1) under the Bermuda II Agreement, the term in section 40102 of title 49, United aircraft parts before the sale of such aircraft States Code. and aircraft parts under this section. United States has a right to designate an air (7) SECRETARY.—The term ‘‘Secretary’’ (e) ADDITIONAL TERMS AND CONDITIONS.—The carrier of the United States to serve the means the Secretary of Transportation. Secretary of Defense may require such other Charlotte-London (Gatwick) route; (8) SLOT.—The term ‘‘slot’’ means a res- (2) the Secretary awarded the Charlotte- terms and conditions in connection with each ervation for an instrument flight rule take- London (Gatwick) route to US Airways on sale of aircraft and aircraft parts under this sec- off or landing by an air carrier of an aircraft September 12, 1997, and on May 7, 1998, US tion as the Secretary considers appropriate for in air transportation. Airways announced plans to launch nonstop such sale. Such terms and conditions shall meet (b) FINDINGS.—Congress finds that— the requirements of regulations prescribed under service in competition with the monopoly (1) under the Bermuda II Agreement, the subsection (d). held by British Airways on the route and to United States has a right to designate an air (f) REPORT.—Not later than March 31, 2002, provide convenient single-carrier one-stop carrier of the United States to serve the the Secretary of Defense shall submit to the service to the United Kingdom from dozens Cleveland-London (Gatwick) route; Committee on Armed Services of the Senate and of cities in North Carolina and South Caro- (2)(A) on December 3, 1996, the Secretary the Committee on National Security of the lina and the surrounding region; awarded the Cleveland-London (Gatwick) House of Representatives a report on the Sec- (3) US Airways was forced to cancel service route to Continental Airlines; retary’s exercise of authority under this section. for the Charlotte-London (Gatwick) route for (B) on June 15, 1998, Continental Airlines The report shall set forth— the summer of 1998 and the following winter announced plans to launch nonstop service (1) the number and types of aircraft sold because the Government of the United King- on that route on February 19, 1999, and to under the authority, and the terms and condi- dom refused to provide commercially viable provide single-carrier one-stop service be- tions under which the aircraft were sold; access to Gatwick Airport; tween London, England (from Gatwick Air- (2) the persons or entities to which the air- (4) British Airways continues to operate port) and dozens of cities in Ohio and the craft were sold; and monopoly service on the Charlotte-London surrounding region; and (3) an accounting of the current use of the (Gatwick) route and recently upgraded the (C) on August 4, 1998, the Secretary ten- aircraft sold. aircraft for that route to B–777 aircraft; tatively renewed the authority of Conti- (g) CONSTRUCTION.—Nothing in this section (5) British Airways had been awarded an nental Airlines to carry out the nonstop may be construed as affecting the authority of additional monopoly route between London service referred to in subparagraph (B) and the Administrator of the Federal Aviation Ad- England and Denver, Colorado, resulting in a selected Cleveland, Ohio, as a new gateway ministration under any other provision of law. total of 10 monopoly routes operated by Brit- under the Bermuda II Agreement; (h) PROCEEDS FROM SALE.—The net proceeds ish Airways between the United Kingdom (3) unless the Government of the United of any amounts received by the Secretary of De- and points in the United States; Kingdom provides Continental Airlines com- fense from the sale of aircraft and aircraft parts (6) monopoly service results in higher fares mercially viable access to Gatwick Airport, under this section shall be covered into the gen- to passengers; and Continental Airlines will not be able to ini- eral fund of the Treasury as miscellaneous re- (7) US Airways is prepared, and officials of tiate service on the Cleveland-London ceipts. the air carrier are eager, to initiate competi- (Gatwick) route; and SEC. 428. AIRCRAFT SITUATIONAL DISPLAY DATA. tive air service on the Charlotte-London (4) Continental Airlines is prepared to ini- (a) IN GENERAL.—A memorandum of agree- (Gatwick) route as soon as the Government tiate competitive air service on the Cleve- ment between the Administrator of the Fed- of the United Kingdom provides commer- land-London (Gatwick) route when the Gov- eral Aviation Administration and any person cially viable access to the Gatwick Airport. ernment of the United Kingdom provides directly that obtains aircraft situational dis- (c) SENSE OF THE SENATE.—It is the sense commercially viable access to the Gatwick play data from the Administration shall re- of the Senate that the Secretary should— Airport. quire that— (1) act vigorously to ensure the enforce- (c) SENSE OF THE SENATE.—It is the sense (1) the person demonstrate to the satisfac- ment of the rights of the United States of the Senate that the Secretary should— tion of the Administrator that such person is under the Bermuda II Agreement; (1) act vigorously to ensure the enforce- capable of selectively blocking the display of (2) intensify efforts to obtain the necessary ment of the rights of the United States any aircraft-situation-display-to-industry assurances from the Government of the under the Bermuda II Agreement; derived data related to any identified air- United Kingdom to allow an air carrier of (2) intensify efforts to obtain the necessary craft registration number; and the United States to operate commercially assurances from the Government of the

VerDate 30-SEP-99 02:48 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.002 pfrm01 PsN: S04PT1 S11836 CONGRESSIONAL RECORD — SENATE October 4, 1999 United Kingdom to allow an air carrier of the Secretary of Transportation shall pro- SEC. 438. PASSENGER FACILITY FEE LETTERS OF the United States to operate commercially mulgate final regulations to provide for im- INTENT. viable, competitive service for the Cleveland- proved oral and written disclosure to each The Secretary of Transportation may not re- London (Gatwick) route; and consumer of air transportation concerning quire an eligible agency (as defined in section (3) ensure that the rights of the Govern- the corporate name of the air carrier that 40117(a)(2) of title 49, United States Code), to ment of the United States and citizens and provides the air transportation purchased by impose a passenger facility fee (as defined in air carriers of the United States are enforced that consumer. In issuing the regulations section 40117(a)(4) of that title) in order to ob- under the Bermuda II Agreement before issued under this subsection, the Secretary tain a letter of intent under section 47110 of that seeking to renegotiate a broader bilateral shall take into account the proposed regula- title. agreement to establish additional rights for tions issued by the Secretary on January 17, SEC. 439. ELIMINATION OF HAZMAT ENFORCE- air carriers of the United States and foreign 1995, published at page 3359, volume 60, Fed- MENT BACKLOG. air carriers of the United Kingdom, including eral Register. (a) FINDINGS.—The Congress makes the fol- the right to commercially viable competitive SEC. 434. CERTAIN AIR TRAFFIC CONTROL TOW- lowing findings: slots at Gatwick Airport and Heathrow Air- ERS. (1) The transportation of hazardous materials port in London, England, for air carriers of Notwithstanding any other provision of continues to present a serious aviation safety the United States. law, regulation, intergovernmental circular problem which poses a potential threat to health and safety, and can result in evacuations, emer- SEC. 431. ALLOCATION OF TRUST FUND FUNDING. advisories or other process, or any judicial proceeding or ruling to the contrary, the gency landings, fires, injuries, and deaths. (a) DEFINITIONS.—In this section: Federal Aviation Administration shall use (2) Although the Federal Aviation Administra- (1) AIRPORT AND AIRWAY TRUST FUND.—The such funds as necessary to contract for the tion budget for hazardous materials inspection term ‘‘Airport and Airway Trust Fund’’ increased $10,500,000 in fiscal year 1998, the means the trust fund established under sec- operation of air traffic control towers, lo- cated in Salisbury, Maryland; Bozeman, General Accounting Office has reported that the tion 9502 of the Internal Revenue Code of backlog of hazardous materials enforcement 1986. Montana; and Boca Raton, Florida: Provided, That the Federal Aviation Administration cases has increased from 6 to 18 months. (2) SECRETARY.—The term ‘‘Secretary’’ (b) ELIMINATION OF HAZARDOUS MATERIALS means the Secretary of Transportation. has made a prior determination of eligibility for such towers to be included in the con- ENFORCEMENT BACKLOG.—The Administrator of (3) STATE.—The term ‘‘State’’ means each tract tower program. the Federal Aviation Administration shall— of the States, the District of Columbia, and (1) make the elimination of the backlog in the Commonwealth of Puerto Rico. SEC. 435. COMPENSATION UNDER THE DEATH ON THE HIGH SEAS ACT. hazardous materials enforcement cases a pri- (4) STATE DOLLAR CONTRIBUTION TO THE AIR- (a) IN GENERAL.—Section 2 of the Death on ority; PORT AND AIRWAY TRUST FUND.—The term the High Seas Act (46 U.S.C. App. 762) is (2) seek to eliminate the backlog within 6 ‘‘State dollar contribution to the Airport amended by— months after the date of enactment of this Act; and Airway Trust Fund’’, with respect to a and (1) inserting ‘‘(a) IN GENERAL.—’’ before State and fiscal year, means the amount of (3) make every effort to ensure that inspection ‘‘The recovery’’; and funds equal to the amounts transferred to and enforcement of hazardous materials laws (2) adding at the end thereof the following: the Airport and Airway Trust Fund under are carried out in a consistent manner among ‘‘(b) COMMERCIAL AVIATION.— section 9502 of the Internal Revenue Code of all geographic regions, and that appropriate ‘‘(1) IN GENERAL.—If the death was caused 1986 that are equivalent to the taxes de- during commercial aviation, additional com- fines and penalties are imposed in a timely man- scribed in section 9502(b) of the Internal Rev- pensation for nonpecuniary damages for ner for violations. enue Code of 1986 that are collected in that (c) INFORMATION REGARDING PROGRESS.—The wrongful death of a decedent is recoverable State. Administrator shall provide information to the in a total amount, for all beneficiaries of (b) REPORTING.— Committee on Commerce, Science, and Transpor- that decedent, that shall not exceed the (1) IN GENERAL.—As soon as practicable tation, on a quarterly basis beginning 3 months greater of the pecuniary loss sustained or a after the date of enactment of this Act, and after the date of enactment of this Act for a sum total of $750,000 from all defendants for annually thereafter, the Secretary of the year, on plans to eliminate the backlog and en- all claims. Punitive damages are not recov- Treasury shall report to the Secretary the forcement activities undertaken to carry out erable. amount equal to the amount of taxes col- subsection (b). ‘‘(2) INFLATION ADJUSTMENT.—The $750,000 lected in each State during the preceding fis- amount shall be adjusted, beginning in cal- SEC. 440. FAA EVALUATION OF LONG-TERM CAP- cal year that were transferred to the Airport ITAL LEASING. endar year 2000 by the increase, if any, in the and Airway Trust Fund. Nothwithstanding any other provision of law Consumer Price Index for all urban con- (2) REPORT BY SECRETARY.—Not later than to the contrary, the Administrator of the Fed- sumers for the prior year over the Consumer 90 days after the date of enactment of this eral Aviation Administration may establish a Price Index for all urban consumers for the Act, and annually thereafter, the Secretary pilot program for fiscal years 2001 through 2004 calendar year 1998. shall prepare and submit to Congress a re- to test and evaluate the benefits of long-term ‘‘(3) NONPECUNIARY DAMAGES.—For pur- port that provides, for each State, for the capital leasing contracts. The Administrator poses of this subsection, the term ‘nonpecu- preceding fiscal year— shall establish criteria for the program, but may niary damages’ means damages for loss of (A) the State dollar contribution to the enter into no more than 10 leasing contracts care, comfort, and companionship.’’. Airport and Airway Trust Fund; and under this section, each of which shall be for a (b) EFFECTIVE DATE.—The amendment period greater than 5 years, under which the (B) the amount of funds (from funds made made by subsection (a) applies to any death equipment or facility operates. The contracts to available under section 48103 of title 49, caused during commercial aviation occur- be evaluated may include requirements related United States Code) that were made avail- ring after July 16, 1996. able to the State (including any political to oceanic air traffic control, air-to-ground SEC. 436. FAA STUDY OF BREATHING HOODS. subdivision thereof) under chapter 471 of radio communications, and air traffic control The Administrator shall study whether title 49, United States Code. tower construction. breathing hoods currently available for use by SEC. 432. TAOS PUEBLO AND BLUE LAKES WIL- flight crews when smoke is detected are ade- TITLE V—AVIATION COMPETITION DERNESS AREA DEMONSTRATION quate and report the results of that study to the PROMOTION PROJECT. Congress within 120 days after the date of en- SEC. 501. PURPOSE. Within 18 months after the date of enact- actment of this Act. The purpose of this title is to facilitate, ment of this Act, the Administrator of the through a 4-year pilot program, incentives Federal Aviation Administration shall work SEC. 437. FAA STUDY OF ALTERNATIVE POWER SOURCES FOR FLIGHT DATA RE- and projects that will help up to 40 commu- with the Taos Pueblo to study the feasibility CORDERS AND COCKPIT VOICE RE- nities or consortia of communities to im- of conducting a demonstration project to re- CORDERS. prove their access to the essential airport fa- quire all aircraft that fly over Taos Pueblo The Administrator of the Federal Aviation cilities of the national air transportation and the Blue Lakes Wilderness Area of Taos Administration shall study the need for an al- system through public-private partnerships Pueblo, New Mexico, to maintain a manda- ternative power source for on-board flight data and to identify and establish ways to over- tory minimum altitude of at least 5,000 feet recorders and cockpit voice recorders and shall come the unique policy, economic, geo- above ground level. report the results of that study to the Congress graphic, and marketplace factors that may SEC. 433. AIRLINE MARKETING DISCLOSURE. within 120 days after the date of enactment of inhibit the availability of quality, affordable (a) DEFINITIONS.—In this section: this Act. If, within that time, the Administrator air service to small communities. (1) AIR CARRIER.—The term ‘‘air carrier’’ determines, after consultation with the National SEC. 502. ESTABLISHMENT OF SMALL COMMU- has the meaning given that term in section Transportation Safety Board that the Board is NITY AVIATION DEVELOPMENT PRO- 40102 of title 49, United States Code. preparing recommendations with respect to this GRAM. (2) AIR TRANSPORTATION.—The term ‘‘air subject matter and will issue those recommenda- Section 102 is amended by adding at the transportation’’ has the meaning given that tions within a reasonable period of time, the Ad- end thereof the following: term in section 40102 of title 49, United ministrator shall report to the Congress the Ad- ‘‘(g) SMALL COMMUNITY AIR SERVICE DEVEL- States Code. ministrator’s comments on the Board’s rec- OPMENT PROGRAM.— (b) FINAL REGULATIONS.—Not later than 90 ommendations rather than conducting a sepa- ‘‘(1) ESTABLISHMENT.—The Secretary shall days after the date of enactment of this Act, rate study. establish a 4-year pilot aviation development

VerDate 30-SEP-99 02:02 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.002 pfrm01 PsN: S04PT1 October 4, 1999 CONGRESSIONAL RECORD — SENATE S11837 program to be administered by a program di- ‘‘(1) an assessment of potential daily pas- ‘‘(1) out of amounts authorized under sec- rector designated by the Secretary. senger traffic, revenues, and costs necessary tion 504 of the Air Transportation Improve- ‘‘(2) FUNCTIONS.—The program director for the carrier to offer the service; ment Act, provide financial assistance by shall— ‘‘(2) a forecast of the minimum percentage way of grants to small communities or con- ‘‘(A) function as a facilitator between of that traffic the carrier would require the sortia of small communities under section small communities and air carriers; community to garner in order for the carrier 41743 of up to $500,000 per year; and ‘‘(B) carry out section 41743 of this title; to start up and maintain the service; and ‘‘(2) take such other action as may be ap- ‘‘(C) carry out the airline service restora- ‘‘(3) the costs and benefits of providing jet propriate. tion program under sections 41744, 41745, and service by regional or other jet aircraft. ‘‘(c) OTHER ACTION.—Under the pilot pro- 41746 of this title; ‘‘(d) PROGRAM SUPPORT FUNCTION.—The gram established pursuant to subsection (a), ‘‘(D) ensure that the Bureau of Transpor- program director shall work with small com- the program director may facilitate service tation Statistics collects data on passenger munities and air carriers, taking into ac- by— information to assess the service needs of count their proposals and needs, to facilitate ‘‘(1) working with airports and air carriers small communities; the initiation of service. The program to ensure that appropriate facilities are ‘‘(E) work with and coordinate efforts with director— made available at essential airports; other Federal, State, and local agencies to ‘‘(1) may work with communities to de- ‘‘(2) collecting data on air carrier service increase the viability of service to small velop innovative means and incentives for to small communities; and communities and the creation of aviation de- the initiation of service; ‘‘(3) providing policy recommendations to velopment zones; and ‘‘(2) may obligate funds authorized under the Secretary to stimulate air service and ‘‘(F) provide policy recommendations to section 504 of the Air Transportation Im- competition to small communities. the Secretary and the Congress that will en- provement Act to carry out this section; ‘‘(d) ADDITIONAL ACTION.—Under the pilot sure that small communities have access to ‘‘(3) shall continue to work with both the program established pursuant to subsection quality, affordable air transportation serv- carriers and the communities to develop a (a), the Secretary shall work with air car- ices. combination of community incentives and riers providing service to participating com- carrier service levels that— ‘‘(3) REPORTS.—The program director shall munities and major air carriers serving large provide an annual report to the Secretary ‘‘(A) are acceptable to communities and hub airports (as defined in section 41731(a)(3)) and the Congress beginning in 2000 that— carriers; and to facilitate joint fare arrangements con- ‘‘(A) analyzes the availability of air trans- ‘‘(B) do not conflict with other Federal or sistent with normal industry practice. portation services in small communities, in- State programs to facilitate air transpor- tation to the communities; ‘‘§ 41745. Assistance to communities for serv- cluding, but not limited to, an assessment of ice the air fares charged for air transportation ‘‘(4) designate an airport in the program as an Air Service Development Zone and work ‘‘(a) IN GENERAL.—Financial assistance services in small communities compared to provided under section 41743 during any fis- air fares charged for air transportation serv- with the community on means to attract business to the area surrounding the airport, cal year as part of the pilot program estab- ices in larger metropolitan areas and an as- lished under section 41744(a) shall be imple- sessment of the levels of service, measured to develop land use options for the area, and provide data, working with the Department mented for not more than— by types of aircraft used, the availability of ‘‘(1) 4 communities within any State at seats, and scheduling of flights, provided to of Commerce and other agencies; ‘‘(5) take such other action under this any given time; and small communities; ‘‘(2) 40 communities in the entire program ‘‘(B) identifies the policy, economic, geo- chapter as may be appropriate. ‘‘(e) LIMITATIONS.— at any time. graphic and marketplace factors that inhibit ‘‘(1) COMMUNITY SUPPORT.—The program di- For purposes of this subsection, a consor- the availability of quality, affordable air rector may not provide financial assistance tium of communities shall be treated as a transportation services to small commu- under subsection (c)(2) to any community single community. nities; and unless the program director determines ‘‘(b) ELIGIBILITY.—In order to participate ‘‘(C) provides policy recommendations to that— in a pilot project under this subchapter, a address the policy, economic, geographic, ‘‘(A) a public-private partnership exists at State, community, or group of communities and marketplace factors inhibiting the avail- the community level to carry out the com- shall apply to the Secretary in such form ability of quality, affordable air transpor- munity’s proposal; and at such time, and shall supply such in- tation services to small communities.’’. ‘‘(B) the community will make a substan- formation, as the Secretary may require, and SEC. 503. COMMUNITY-CARRIER AIR SERVICE tial financial contribution that is appro- shall demonstrate to the satisfaction of the PROGRAM. priate for that community’s resources, but of Secretary that— (a) IN GENERAL.—Subchapter II of chapter ‘‘(1) the applicant has an identifiable need 417 is amended by adding at the end thereof not less than 25 percent of the cost of the for access, or improved access, to the na- the following: project in any event; ‘‘(C) the community has established an tional air transportation system that would ‘‘§ 41743. Air service program for small com- open process for soliciting air service pro- benefit the public; munities posals; and ‘‘(2) the pilot project will provide material ‘‘(a) COMMUNITIES PROGRAM.—Under advi- ‘‘(D) the community will accord similar benefits to a broad section of the travelling sory guidelines prescribed by the Secretary benefits to air carriers that are similarly sit- public, businesses, educational institutions, of Transportation, a small community or a uated. and other enterprises whose access to the na- consortia of small communities or a State ‘‘(2) AMOUNT.—The program director may tional air transportation system is limited; may develop an assessment of its air service not obligate more than ø$30,000,000¿ ‘‘(3) the pilot project will not impede com- requirements, in such form as the program $80,000,000 of the amounts authorized under petition; and director designated by the Secretary under 504 of the Air Transportation Improvement ‘‘(4) the applicant has established, or will section 102(g) may require, and submit the Act over the 4 years of the program. establish, public-private partnerships in con- assessment and service proposal to the pro- ‘‘(3) NUMBER OF PARTICIPANTS.—The pro- nection with the pilot project to facilitate gram director. gram established under subsection (a) shall service to the public. ‘‘(b) SELECTION OF PARTICIPANTS.—In se- ‘‘(c) COORDINATION WITH OTHER PROVISIONS lecting community programs for participa- not involve more than 40 communities or OF SUBCHAPTER.—The Secretary shall carry tion in the communities program under sub- consortia of communities. section (a), the program director shall apply ‘‘(f) REPORT.—The program director shall out the 4-year pilot program authorized by criteria, including geographical diversity report through the Secretary to the Congress this subchapter in such a manner as to com- and the presentation of unique cir- annually on the progress made under this plement action taken under the other provi- cumstances, that will demonstrate the feasi- section during the preceding year in expand- sions of this subchapter. To the extent the bility of the program. For purposes of this ing commercial aviation service to smaller Secretary determines to be appropriate, the subsection, the application of geographical communities. Secretary may adopt criteria for implemen- diversity criteria means criteria that— ‘‘§ 41744. Pilot program project authority tation of the 4-year pilot program that are ‘‘(1) will promote the development of a na- ‘‘(a) IN GENERAL.—The program director the same as, or similar to, the criteria devel- tional air transportation system; and designated by the Secretary of Transpor- oped under the preceding sections of this ‘‘(2) will involve the participation of com- tation under section 102(g)(1) shall establish subchapter for determining which airports munities in all regions of the country. a 4-year pilot program— are eligible under those sections. The Sec- ‘‘(c) CARRIERS PROGRAM.—The program di- ‘‘(1) to assist communities and States with retary shall also, to the extent possible, pro- rector shall invite part 121 air carriers and inadequate access to the national transpor- vide incentives where no direct, viable, and regional/commuter carriers (as such terms tation system to improve their access to feasible alternative service exists, taking are defined in section 41715(d) of this title) to that system; and into account geographical diversity and ap- offer service proposals in response to, or in ‘‘(2) to facilitate better air service link-ups propriate market definitions. conjunction with, community aircraft serv- to support the improved access. ‘‘(d) MAXIMIZATION OF PARTICIPATION.—The ice assessments submitted to the office ‘‘(b) PROJECT AUTHORITY.—Under the pilot Secretary shall structure the program estab- under subsection (a). A service proposal program established pursuant to subsection lished pursuant to section 41744(a) in a way under this paragraph shall include— (a), the program director may— designed to—

VerDate 30-SEP-99 02:02 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.003 pfrm01 PsN: S04PT1 S11838 CONGRESSIONAL RECORD — SENATE October 4, 1999 ‘‘(1) permit the participation of the max- gibility under the Federal Contract Tower ‘‘(5) exclusive dealing arrangements; and imum feasible number of communities and Program; and ‘‘(6) any other marketing practice that States over a 4-year period by limiting the ‘‘(4) approve for participation no more than may have the same effect. number of years of participation or other- 3 facilities willing to fund a pro rata share of ‘‘(c) REGULATIONS.—If the Secretary finds, wise; and construction costs for an air traffic control after conducting the review required by sub- ‘‘(2) obtain the greatest possible leverage tower so as to achieve, at a minimum, a 1:1 section (b), that marketing practices inhibit from the financial resources available to the benefit-to-cost ratio, as required for eligi- the availability of such service to such com- Secretary and the applicant by— bility under the Federal Contract Tower Pro- munities, then, after public notice and an op- ‘‘(A) progressively decreasing, on a project- gram, and for each of such facilities the Fed- portunity for comment, the Secretary by-project basis, any Federal financial incen- eral share of construction costs does not ex- øshall¿ may promulgate regulations that ad- tives provided under this chapter over the 4- ceed $1,000,000. dress the øproblem.’’.¿ problem, or take other year period; and ‘‘(c) REPORT.—One year before the pilot appropriate action. Nothing in this section ex- ‘‘(B) terminating as early as feasible Fed- program established under subsection (a) pands the authority or juridiction of the Sec- eral financial incentives for any project de- terminates, the Administrator shall report retary to promulgate regulations under the Fed- termined by the Secretary after its imple- to the Congress on the effectiveness of the eral Aviation Act or under any other Act.’’. mentation to be— program, with particular emphasis on the SEC. 506. SLOT EXEMPTIONS FOR NONSTOP RE- ‘‘(i) viable without further support under safety and economic benefits provided to GIONAL JET SERVICE. this subchapter; or program participants and the national air (a) IN GENERAL.—Subchapter I of chapter ‘‘(ii) failing to meet the purposes of this transportation system.’’. 417, as amended by section 310, is amended by chapter or criteria established by the Sec- (b) CONFORMING AMENDMENT.—The chapter adding at the end thereof the following: retary under the pilot program. analysis for subchapter II of chapter 417 is ‘‘§ 41718. Slot exemptions for nonstop re- ‘‘(e) SUCCESS BONUS.—If Federal financial amended by inserting after the item relating gional jet service. incentives to a community are terminated to section 41742 the following: N GENERAL.—Within 90 days after re- under subsection (d)(2)(B) because of the suc- ‘‘(a) I ‘‘41743. Air service program for small com- ceiving an application for an exemption to cess of the program in that community, then munities. that community may receive a one-time in- provide nonstop regional jet air service ‘‘41744. Pilot program project authority. between— centive grant to ensure the continued suc- ‘‘41745. Assistance to communities for serv- ‘‘(1) an airport with fewer than 2,000,000 an- cess of that program. ice. nual enplanements; and ‘‘(f) PROGRAM TO TERMINATE IN 4 YEARS.— ‘‘41746. Additional authority. ‘‘(2) a high density airport subject to the No new financial assistance may be provided ‘‘41747. Air traffic control services pilot pro- exemption authority under section 41714(a), under this subchapter for any fiscal year be- gram.’’. ginning more than 4 years after the date of the Secretary of Transportation shall grant (c) WAIVER OF LOCAL CONTRIBUTION.—Sec- or deny the exemption in accordance with es- enactment of the Air Transportation Im- tion 41736(b) is amended by inserting after provement Act. tablished principles of safety and the pro- paragraph (4) the following: motion of competition. ‘‘§ 41746. Additional authority ‘‘Paragraph (4) does not apply to any com- ‘‘(b) EXISTING SLOTS TAKEN INTO AC- ‘‘In carrying out this chapter, the munity approved for service under this sec- COUNT.—In deciding to grant or deny an ex- Secretary— tion during the period beginning October 1, emption under subsection (a), the Secretary ‘‘(1) may provide assistance to States and 1991, and ending December 31, 1997.’’. may take into consideration the slots and communities in the design and application (d) AUTHORIZATION OF APPROPRIATIONS.— slot exemptions already used by the appli- phase of any project under this chapter, and There are authorized to be appropriated to cant. oversee the implementation of any such the Secretary of Transportation such sums ‘‘(c) CONDITIONS.—The Secretary may grant project; as may be necessary to carry out section an exemption to an air carrier under sub- ‘‘(2) may assist States and communities in 41747 of title 49, United States Code. section (a)— putting together projects under this chapter SEC. 504. AUTHORIZATION OF APPROPRIATIONS. ‘‘(1) for a period of not less than 12 months; to utilize private sector resources, other øTo carry out sections 41743 through 41746 ‘‘(2) for a minimum of 2 daily roundtrip Federal resources, or a combination of public of title 49, United States Code, for the 4 fis- flights; and and private resources; cal-year period beginning with fiscal year ‘‘(3) for a maximum of 3 daily roundtrip ‘‘(3) may accord priority to service by jet 2000— flights. aircraft; ø(1) there are authorized to be appropriated ‘‘(d) CHANGE OF NONHUB, SMALL HUB, OR ‘‘(4) take such action as may be necessary to the Secretary of Transportation not more MEDIUM HUB AIRPORT; JET AIRCRAFT.—The to ensure that financial resources, facilities, than $10,000,000; and Secretary may, upon application made by an and administrative arrangements made ø(2) not more than $20,000,000 shall be made air carrier operating under an exemption under this chapter are used to carry out the available, if available, to the Secretary for granted under subsection (a)— purposes of title V of the Air Transportation obligation and expenditure out of the ac- ‘‘(1) authorize the air carrier or an affili- Improvement Act; and count established under section 45303(a) of ated air carrier to upgrade service under the ‘‘(5) shall work with the Federal Aviation title 49, United States Code. exemption to a larger jet aircraft; or Administration on airport and air traffic øTo the extent that amounts are not avail- ‘‘(2) authorize an air carrier operating control needs of communities in the pro- able in such account, there are authorized to under such an exemption to change the gram. be appropriated such sums as may be nec- nonhub airport or small hub airport for ‘‘§ 41747. Air traffic control services pilot pro- essary to provide the amount authorized to which the exemption was granted to provide gram be obligated under paragraph (2) to carry out the same service to a different airport that is ‘‘(a) IN GENERAL.—To further facilitate the those sections for that 4 fiscal-year period.¿ smaller than a large hub airport (as defined use of, and improve the safety at, small air- There are authorized to be appropriated to the in section 47134(d)(2)) if— ports, the Administrator of the Federal Secretary of Transportation $80,000,000 to carry ‘‘(A) the air carrier has been operating Aviation Administration shall establish a out sections 41743 through 41746 of title 49, under the exemption for a period of not less pilot program to contract for Level I air United States Code, for the 4 fiscal-year period than 12 months; and traffic control services at 20 facilities not el- beginning with fiscal year 2000. ‘‘(B) the air carrier can demonstrate igible for participation in the Federal Con- SEC. 505. MARKETING PRACTICES. unmitigatable losses. tract Tower Program. Section 41712 is amended by— ‘‘(e) FORFEITURE FOR MISUSE.—Any exemp- ‘‘(b) PROGRAM COMPONENTS.—In carrying (1) inserting ‘‘(a) IN GENERAL.—’’ before tion granted under subsection (a) shall be out the pilot program established under sub- ‘‘On’’; and terminated immediately by the Secretary if section (a), the Administrator may— (2) adding at the end thereof the following: the air carrier to which it was granted uses ‘‘(1) utilize current, actual, site-specific ‘‘(b) MARKETING PRACTICES THAT AD- the slot for any purpose other than the pur- data, forecast estimates, or airport system VERSELY AFFECT SERVICE TO SMALL OR ME- pose for which it was granted or in violation plan data provided by a facility owner or op- DIUM COMMUNITIES.—Within 180 days after of the conditions under which it was granted. erator; the date of enactment of the Air Transpor- ø‘‘(f) RESTORATION OF AIR SERVICE.—To the ‘‘(2) take into consideration unique avia- tation Improvement Act, the Secretary shall extent that— tion safety, weather, strategic national in- review the marketing practices of air car- ø‘‘(1) slots were withdrawn from an air car- terest, disaster relief, medical and other riers that may inhibit the availability of rier under section 41714(b); emergency management relief services, sta- quality, affordable air transportation serv- ø‘‘(2) the withdrawal of slots under that tus of regional airline service, and related ices to small and medium-sized commu- section resulted in a net loss of slots; and factors at the facility; nities, including— ø‘‘(3) the net loss of slots and slot exemp- ‘‘(3) approve for participation any facility ‘‘(1) marketing arrangements between air- tions resulting from the withdrawal had an willing to fund a pro rata share of the oper- lines and travel agents; adverse effect on service to nonhub airports ating costs used by the Federal Aviation Ad- ‘‘(2) code-sharing partnerships; and in other domestic markets, ministration to calculate, and, as necessary, ‘‘(3) computer reservation system displays; øthe Secretary shall give priority consider- a 1:1 benefit-to-cost ratio, as required for eli- ‘‘(4) gate arrangements at airports; ation to the request of any air carrier from

VerDate 30-SEP-99 02:02 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.003 pfrm01 PsN: S04PT1 October 4, 1999 CONGRESSIONAL RECORD — SENATE S11839 which slots were withdrawn under that sec- ‘‘(4) not result in meaningfully increased project that is the subject of a grant applica- tion for an equivalent number of slots at the travel delays. tion submitted to the Secretary of Transpor- airport where the slots were withdrawn. No ‘‘(b) WITHIN-PERIMETER EXEMPTIONS.—The tation under chapter 471 of title 49, United priority consideration shall be given under Secretary shall by order grant exemptions States Code, by the Metropolitan Wash- this subsection to an air carrier described in from the requirements of sections 49104(a)(5), ington Airports Authority, the Authority paragraph (1) when the net loss of slots and 49111(e), and 41714 of this title and subparts K shall be required to submit a written assur- slot exemptions is eliminated. and S of part 93 of title 14, Code of Federal ance that, for each such grant made to the ‘‘ø(g)¿ (f) PRIORITY TO NEW ENTRANTS AND Regulations, to commuter air carriers for Authority for fiscal year 2000 or any subse- LIMITED INCUMBENT CARRIERS.— service to airports with fewer than 2,000,000 quent fiscal year— ‘‘(1) IN GENERAL.—In granting slot exemp- annual enplanements within the perimeter (A) the Authority will make available for tions under this section the Secretary shall established for civil aircraft operations at that fiscal year funds for noise compatibility give priority consideration to an application Ronald Reagan Washington National Airport planning and programs that are eligible to from an air carrier that, as of July 1, 1998, under section 49109. The Secretary shall de- receive funding under chapter 471 of title 49, operated or held fewer than 20 slots or slot velop criteria for distributing slot exemp- United States Code, in an amount not less exemptions at the high density airport for tions for flights within the perimeter to such than 10 percent of the aggregate annual which it filed an exemption application. airports under this paragraph in a manner amount of financial assistance provided to consistent with the promotion of air trans- ‘‘(2) LIMITATION.—No priority may be given the Authority by the Secretary as grants under paragraph (1) to an air carrier that, at portation. under chapter 471 of title 49, United States ‘‘(c) LIMITATIONS.— the time of application, operates or holds 20 Code; and ‘‘(1) STAGE 3 AIRCRAFT REQUIRED.—An ex- or more slots and slot exemptions at the air- (B) the Authority will not divert funds emption may not be granted under this sec- from a high priority safety project in order port for which the exemption application is tion with respect to any aircraft that is not filed. to make funds available for noise compat- a Stage 3 aircraft (as defined by the Sec- ibility planning and programs. ‘‘(3) AFFILIATED CARRIERS.—The Secretary retary). shall treat all commuter air carriers that (2) WAIVER.—The Secretary of Transpor- ‘‘(2) GENERAL EXEMPTIONS.—The exemp- have cooperative agreements, including tation may waive the requirements of para- tions granted under subsections (a) and (b) graph (1) for any fiscal year for which the code-share agreements, with other air car- may not increase the number of operations riers equally for determining eligibility for Secretary determines that the Metropolitan at Ronald Reagan Washington National Air- Washington Airports Authority is in full exemptions under this section regardless of port in any 1-hour period during the hours the form of the corporate relationship be- compliance with applicable airport noise between 7:00 a.m. and 9:59 p.m. by more than compatibility planning and program require- tween the commuter air carrier and the ø2¿ 3 operations.’’. other air carrier. ments under part 150 of title 14, Code of Fed- ‘‘(3) ADDITIONAL EXEMPTIONS.—The Sec- eral Regulations. ‘‘ø(h)¿ (g) STAGE 3 AIRCRAFT REQUIRED.—An retary shall grant exemptions under sub- exemption may not be granted under this (3) SUNSET.—This subsection shall cease to sections (a) and (b) that— be in effect 5 years after the date of enact- section with respect to any aircraft that is ‘‘(A) will result in ø12¿ 24 additional daily not a Stage 3 aircraft (as defined by the Sec- ment of this Act, if on that date the Sec- air carrier slot exemptions at such airport retary of Transportation certifies that the retary). for long-haul service beyond the perimeter; ‘‘ø(i)¿ (h) REGIONAL JET DEFINED.—In this Metropolitan Washington Airports Author- ‘‘(B) will result in 12 additional daily com- ity has achieved full compliance with appli- section, the term ‘regional jet’ means a pas- muter slot exemptions at such airport; and cable noise compatibility planning and pro- senger, turbofan-powered aircraft carrying ‘‘(C) will not result in additional daily gram requirements under part 150 of title 14, not fewer than 30 and not more than 50 pas- commuter slot exemptions for service to any Code of Federal Regulations. sengers.’’. within-the-perimeter airport that is not ø (d) NOISE COMPATIBILITY PLANNING AND (b) CONFORMING AMENDMENTS.— smaller than a large hub airport (as defined (1) Section 40102 is amended by inserting PROGRAMS.—Section 47117(e) is amended by in section 47134(d)(2)).¿ has 2,000,000 or fewer adding at the end the following: after paragraph (28) the following: annual enplanements. ‘‘(28A) øLIMITED INCUMBENT AIR CARRIER.— ‘‘(3) The Secretary shall give priority in ‘‘(4) ASSESSMENT OF SAFETY, NOISE AND EN- making grants under paragraph (1)(A) to ap- The term¿ ‘limited incumbent air carrier’ VIRONMENTAL IMPACTS.—The Secretary shall has the meaning given that term in subpart plications for airport noise compatibility assess the impact of granting exemptions, in- planning and programs at and around air- S of part 93 of title 14, Code of Federal Regu- cluding the impacts of the additional slots lations, except that ‘20’ shall be substituted ports where operations increase under title V and flights at Ronald Reagan Washington of the Air Transportation Improvement Act for ‘12’ in sections 93.213(a)(5), 93.223(c)(3), National Airport provided under subsections and 93.225(h) as such sections were in effect and the amendments made by that title.’’. (a) and (b) on safety, noise levels and the en- (e) CONFORMING AMENDMENTS.— on August 1, 1998.’’. vironment within 90 days of the date of the (2) The chapter analysis for subchapter I of (1) Section 49111 is amended by striking enactment of this Act. The environmental subsection (e). chapter 417 is amended by adding at the end assessment shall be carried out in accord- thereof the following: (2) The chapter analysis for subchapter I of ance with parts 1500–1508 of title 40, Code of chapter 417, as amended by section 506(b) of ‘‘41718. Slot exemptions for nonstop regional Federal Regulations. Such environmental as- this Act, is amended by adding at the end jet service.’’. sessment shall include a public meeting. thereof the following: ‘‘(5) APPLICABILITY WITH EXEMPTION 5133.— SEC. 507. EXEMPTIONS TO PERIMETER RULE AT ‘‘41719. Special Rules for Ronald Reagan RONALD REAGAN WASHINGTON NA- Nothing in this section affects Exemption TIONAL AIRPORT. No. 5133, as from time-to-time amended and Washington National Airport.’’. (a) IN GENERAL.—Subchapter I of chapter øextended.’’.¿ extended. (f) REPORT.—Within 1 year after the date of 417, as amended by section 506, is amended by ‘‘(d) ADDITIONAL WITHIN-PERIMETER SLOT EX- enactment of this Act, and biannually there- adding at the end thereof the following: EMPTIONS AT RONALD REAGAN WASHINGTON NA- after, the Secretary shall certify to the United States Senate Committee on Com- ‘‘§ 41719. Special Rules for Ronald Reagan TIONAL AIRPORT.—The Secretary shall by order merce, Science, and Transportation, the Washington National Airport grant 12 slot exemptions from the requirements of sections 49104(a)(5), 49111(e), and 41714 of this United States House of Representatives ‘‘(a) BEYOND-PERIMETER EXEMPTIONS.—The title and subparts K and S of part 93 of title 14, Committee on Transportation and Infra- Secretary shall by order grant exemptions Code of Federal Regulations, to air carriers for structure, the Governments of Maryland, from the application of sections 49104(a)(5), flights to airports within the perimeter estab- Virginia, and West Virginia and the metro- 49109, 49111(e), and 41714 of this title to air lished for civil aircraft operations at Ronald politan planning organization for Wash- carriers to operate limited frequencies and Reagan Washington National Airport under sec- ington, D.C., that noise standards, air traffic aircraft on select routes between Ronald tion 49109. The Secretary shall develop criteria congestion, airport-related vehicular conges- Reagan Washington National Airport and do- for distributing slot exemptions for flights with- tion, safety standards, and adequate air serv- mestic hub airports of such carriers and ex- in the perimeter to such airports under this sub- ice to communities served by small hub air- emptions from the requirements of subparts section in a manner consistent with the pro- ports and medium hub airports within the K and S of part 93, Code of Federal Regula- motion of air transportation.’’. perimeter described in section 49109 of title tions, if the Secretary finds that the exemp- (b) OVERRIDE OF MWAA RESTRICTION.—Sec- 49, United States Code, have been main- tions will— tion 49104(a)(5) is amended by adding at the tained at appropriate levels. ‘‘(1) provide air transportation service with end thereof the following: SEC. 508. ADDITIONAL SLOT EXEMPTIONS AT CHI- domestic network benefits in areas beyond ‘‘(D) Subparagraph (C) does not apply to CAGO O’HARE INTERNATIONAL AIR- the perimeter described in that section; any increase in the number of instrument PORT. ‘‘(2) increase competition by new entrant air flight rule takeoffs and landings necessary to (a) IN GENERAL.—Subchapter I of chapter carriers or in multiple markets; implement exemptions granted by the Sec- 417, as amended by section 507, is amended by ‘‘(3) not reduce travel options for commu- retary under section 41719.’’. adding at the end thereof the following: nities served by small hub airports and me- (c) MWAA NOISE-RELATED GRANT ASSUR- ‘‘§ 41720. Special Rules for Chicago O’Hare dium hub airports within the perimeter de- ANCES.— International Airport scribed in section 49109 of title 49, United (1) IN GENERAL.—In addition to any condi- ‘‘(a) IN GENERAL.—The Secretary of Trans- States Code; and tion for approval of an airport development portation shall grant 30 slot exemptions over

VerDate 30-SEP-99 02:02 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.003 pfrm01 PsN: S04PT1 S11840 CONGRESSIONAL RECORD — SENATE October 4, 1999 a 3-year period beginning on the date of en- troduced, to commuter air carriers that mercial air tour operations over a national actment of the Air Transportation Improve- would purchase regional jet aircraft for use park or tribal lands except— ment Act at Chicago O’Hare International in serving those markets. ‘‘(A) in accordance with this section; Airport. (b) STUDY.—The Secretary of Transpor- ‘‘(B) in accordance with conditions and ‘‘(b) EQUIPMENT AND SERVICE REQUIRE- tation shall study the efficacy of a program limitations prescribed for that operator by MENTS.— of Federal loan guarantees for the purchase the Administrator; and ‘‘(1) STAGE 3 AIRCRAFT REQUIRED.—An ex- of regional jets by commuter air carriers. ‘‘(C) in accordance with any effective air emption may not be granted under this sec- The Secretary shall include in the study a tour management plan for that park or those tion with respect to any aircraft that is not review of options for funding, including al- tribal lands. a Stage 3 aircraft (as defined by the Sec- ternatives to Federal funding. In the study, ‘‘(2) APPLICATION FOR OPERATING AUTHOR- retary). the Secretary shall analyze— ITY.— ‘‘(2) SERVICE PROVIDED.—Of the exemptions (1) the need for such a program; ‘‘(A) APPLICATION REQUIRED.—Before com- granted under subsection (a)— (2) its potential benefit to small commu- mencing commercial air tour operations ‘‘(A) 18 shall be used only for service to un- nities; over a national park or tribal lands, a com- derserved markets, of which no fewer than 6 (3) the trade implications of such a pro- mercial air tour operator shall apply to the shall be designated as commuter slot exemp- gram; Administrator for authority to conduct the tions; and (4) market implications of such a program operations over that park or those tribal ‘‘(B) 12 shall be air carrier slot exemptions. for the sale of regional jets; lands. ‘‘(c) PROCEDURAL REQUIREMENTS.—Before (5) the types of markets that would benefit ‘‘(B) COMPETITIVE BIDDING FOR LIMITED CA- granting exemptions under subsection (a), the most from such a program; PACITY PARKS.—Whenever a commercial air the Secretary shall— (6) the competititve implications of such a tour management plan limits the number of ‘‘(1) conduct an environmental review, tak- program; and commercial air tour flights over a national ing noise into account, and determine that (7) the cost of such a program. park area during a specified time frame, the the granting of the exemptions will not (c) REPORT.—The Secretary shall submit a Administrator, in cooperation with the Di- cause a significant increase in noise; report of the results of the study to the Sen- rector, shall authorize commercial air tour ‘‘(2) determine whether capacity is avail- ate Committee on Commerce, Science, and operators to provide such service. The au- able and can be used safely and, if the Sec- Transportation and the House of Representa- thorization shall specify such terms and con- retary so determines then so certify; tives Committee on Transportation and In- ditions as the Administrator and the Direc- ‘‘(3) give 30 days notice to the public frastructure not later than 24 months after tor find necessary for management of com- through publication in the Federal Register the date of enactment of this Act. mercial air tour operations over the national park. The Administrator, in cooperation of the Secretary’s intent to grant the exemp- SEC. 511. GAO STUDY OF AIR TRANSPORTATION tions; and NEEDS. with the Director, shall develop an open competitive process for evaluating proposals ‘‘(4) consult with appropriate officers of The General Accounting Office shall con- from persons interested in providing com- the State and local government on any re- duct a study of the current state of the na- mercial air tour services over the national lated noise and environmental issues. tional airport network and its ability to park. In making a selection from among var- ‘‘(d) UNDERSERVED MARKET DEFINED.—In meet the air transportation needs of the ious proposals submitted, the Administrator, this section, the term ‘service to underserved United States over the next 15 years. The in cooperation with the Director, shall con- markets’ means passenger air transportation study shall include airports located in re- sider relevant factors, including— service to an airport that is a nonhub airport mote communities and reliever airports. In or a small hub airport (as defined in para- ‘‘(i) the safety record of the company or pi- assessing the effectiveness of the system the lots; graphs (4) and (5), respectively, of section Comptroller General may consider airport 41731(a)).’’. ‘‘(ii) any quiet aircraft technology pro- runway length of 5,500 feet or the equivalent posed for use; (b) STUDIES.— altitude-adjusted length, air traffic control ‘‘(iii) the experience in commercial air (1) 3-YEAR REPORT.—The Secretary shall facilities, and navigational aids. tour operations over other national parks or study and submit a report 3 years after the TITLE VI—NATIONAL PARKS scenic areas; first exemption granted under section OVERFLIGHTS ‘‘(iv) the financial capability of the com- 41720(a) of title 49, United States Code, is pany; first used on the impact of the additional SEC. 601. FINDINGS. ‘‘(v) any training programs for pilots; and slots on the safety, environment, noise, ac- The Congress finds that— ‘‘(vi) responsiveness to any criteria devel- cess to underserved markets, and competi- (1) the Federal Aviation Administration oped by the National Park Service or the af- tion at Chicago O’Hare International Air- has sole authority to control airspace over fected national park. port. the United States; (2) the Federal Aviation Administration ‘‘(C) NUMBER OF OPERATIONS AUTHORIZED.— (2) DOT STUDY IN 2000.—The Secretary of In determining the number of authorizations Transportation shall study community noise has the authority to preserve, protect, and enhance the environment by minimizing, to issue to provide commercial air tour serv- levels in the areas surrounding the 4 high- ice over a national park, the Administrator, density airports after the 100 percent Stage 3 mitigating, or preventing the adverse effects of aircraft overflights on the public and trib- in cooperation with the Director, shall take fleet requirements are in place, and compare into consideration the provisions of the air those levels with the levels in such areas be- al lands; (3) the National Park Service has the re- tour management plan, the number of exist- fore 1991. ing commercial air tour operators and cur- (c) CONFORMING AMENDMENT.—The chapter sponsibility of conserving the scenery and natural and historic objects and wildlife in rent level of service and equipment provided analysis for subchapter I of chapter 417, as by any such companies, and the financial vi- amended by section 507(b) of this Act, is national parks and of providing for the en- joyment of the national parks in ways that ability of each commercial air tour oper- amended by adding at the end thereof the ation. following: leave the national parks unimpaired for fu- ture generations; ‘‘(D) COOPERATION WITH NPS.—Before grant- ‘‘41720. Special Rules for Chicago O’Hare ing an application under this paragraph, the International Airport.’’. (4) the protection of tribal lands from air- craft overflights is consistent with pro- Administrator shall, in cooperation with the SEC. 509. CONSUMER NOTIFICATION OF E-TICKET tecting the public health and welfare and is Director, develop an air tour management EXPIRATION DATES. essential to the maintenance of the natural plan in accordance with subsection (b) and Section 41712, as amended by section 505 of and cultural resources of Indian tribes; implement such plan. this Act, is amended by adding at the end (5) the National Parks Overflights Working ‘‘(E) TIME LIMIT ON RESPONSE TO ATMP AP- thereof the following: Group, composed of general aviation, air PLICATIONS.—The Administrator shall act on ‘‘(d) E-TICKET EXPIRATION NOTICE.—It shall tour, environmental, and Native American any such application and issue a decision on be an unfair or deceptive practice under sub- representatives, recommended that the Con- the application not later than 24 months section (a) for any air carrier utilizing elec- gress enact legislation based on its con- after it is received or amended. tronically transmitted tickets to fail to no- sensus work product; and ‘‘(3) EXCEPTION.—Notwithstanding para- tify the purchaser of such a ticket of its ex- (6) this title reflects the recommendations graph (1), commercial air tour operators may piration date, if any.’’. made by that Group. conduct commercial air tour operations over SEC. 510. REGIONAL AIR SERVICE INCENTIVE OP- a national park under part 91 of the Federal TIONS. SEC. 602. AIR TOUR MANAGEMENT PLANS FOR Aviation Regulations (14 CFR 91.1 et seq.) NATIONAL PARKS. (a) PURPOSE.—The purpose of this section if— (a) IN GENERAL.—Chapter 401, as amended is to provide the Congress with an analysis ‘‘(A) such activity is permitted under part by section 301 of this Act, is amended by add- of means to improve service by jet aircraft 119 (14 CFR 119.1(e)(2)); ing at the end the following: to underserved markets by authorizing a re- ‘‘(B) the operator secures a letter of agree- view of different programs of Federal finan- ‘‘§ 40126. Overflights of national parks ment from the Administrator and the na- cial assistance, including loan guarantees ‘‘(a) IN GENERAL.— tional park superintendent for that national like those that would have been provided for ‘‘(1) GENERAL REQUIREMENTS.—A commer- park describing the conditions under which by section 2 of S. 1353, 105th Congress, as in- cial air tour operator may not conduct com- the flight operations will be conducted; and

VerDate 30-SEP-99 02:02 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.003 pfrm01 PsN: S04PT1 October 4, 1999 CONGRESSIONAL RECORD — SENATE S11841 ‘‘(C) the total number of operations under ‘‘(A) initiate at least one public meeting sure competition in the provision of com- this exception is limited to not more than 5 with interested parties to develop a commer- mercial air tours over that national park or flights in any 30-day period over a particular cial air tour management plan for the park; those tribal lands. park. ‘‘(B) publish the proposed plan in the Fed- ‘‘(B) SAFETY LIMITATION.—The Adminis- ‘‘(4) SPECIAL RULE FOR SAFETY REQUIRE- eral Register for notice and comment and trator may not grant interim operating au- MENTS.—Notwithstanding subsection (c), an make copies of the proposed plan available thority under subparagraph (A) if the Ad- existing commercial air tour operator shall, to the public; ministrator determines that it would create not later than 90 days after the date of en- ‘‘(C) comply with the regulations set forth a safety problem at that park or on tribal actment of the Air Transportation Improve- in sections 1501.3 and 1501.5 through 1501.8 of lands, or the Director determines that it ment Act, apply for operating authority title 40, Code of Federal Regulations (for pur- would create a noise problem at that park or under part 119, 121, or 135 of the Federal poses of complying with those regulations, on tribal lands. Aviation Regulations (14 CFR Pt. 119, 121, or the Federal Aviation Administration is the ‘‘(C) ATMP LIMITATION.—The Adminis- 135). A new entrant commercial air tour op- lead agency and the National Park Service is trator may grant interim operating author- erator shall apply for such authority before a cooperating agency); and ity under subparagraph (A) of this paragraph conducting commercial air tour operations ‘‘(D) solicit the participation of any Indian only if the air tour management plan for the over a national park or tribal lands. tribe whose tribal lands are, or may be, park or tribal lands to which the application ‘‘(b) AIR TOUR MANAGEMENT PLANS.— overflown by aircraft involved in commercial relates has not been developed within 24 ‘‘(1) ESTABLISHMENT OF ATMPS.— air tour operations over a national park or months after the date of enactment of the ‘‘(A) IN GENERAL.—The Administrator tribal lands, as a cooperating agency under Air Transportation Improvement Act. shall, in cooperation with the Director, es- the regulations referred to in paragraph ‘‘(d) DEFINITIONS.—In this section, the fol- tablish an air tour management plan for any (4)(C). lowing definitions apply: national park or tribal land for which such a ‘‘(5) AMENDMENTS.—Any amendment of an ‘‘(1) COMMERCIAL AIR TOUR.—The term plan is not already in effect whenever a per- air tour management plan shall be published ‘commercial air tour’ means any flight con- son applies for authority to operate a com- in the Federal Register for notice and com- ducted for compensation or hire in a powered mercial air tour over the park. The develop- ment. A request for amendment of an air aircraft where a purpose of the flight is ment of the air tour management plan is to tour management plan shall be made in such sightseeing. If the operator of a flight asserts be a cooperative undertaking between the form and manner as the Administrator may that the flight is not a commercial air tour, Federal Aviation Administration and the Na- prescribe. factors that can be considered by the Admin- tional Park Service. The air tour manage- ‘‘(c) INTERIM OPERATING AUTHORITY.— istrator in making a determination of ment plan shall be developed by means of a ‘‘(1) IN GENERAL.—Upon application for op- whether the flight is a commercial air tour, public process, and the agencies shall de- erating authority, the Administrator shall include, but are not limited to— velop information and analysis that explains grant interim operating authority under this ‘‘(A) whether there was a holding out to the conclusions that the agencies make in paragraph to a commercial air tour operator the public of willingness to conduct a sight- the application of the respective criteria. for a national park or tribal lands for which seeing flight for compensation or hire; Such explanations shall be included in the the operator is an existing commercial air ‘‘(B) whether a narrative was provided that Record of Decision and may be subject to ju- tour operator. referred to areas or points of interest on the dicial review. ‘‘(2) REQUIREMENTS AND LIMITATIONS.—In- surface; ‘‘(B) OBJECTIVE.—The objective of any air terim operating authority granted under this ‘‘(C) the area of operation; tour management plan shall be to develop subsection— ‘‘(D) the frequency of flights; acceptable and effective measures to miti- ‘‘(A) shall provide annual authorization ‘‘(E) the route of flight; gate or prevent the significant adverse im- only for the greater of— ‘‘(F) the inclusion of sightseeing flights as pacts, if any, of commercial air tours upon ‘‘(i) the number of flights used by the oper- part of any travel arrangement package; or the natural and cultural resources and vis- ator to provide such tours within the 12- ‘‘(G) whether the flight or flights in ques- itor experiences and tribal lands. month period prior to the date of enactment tion would or would not have been canceled ‘‘(2) ENVIRONMENTAL DETERMINATION.—In of the Air Transportation Improvement Act; based on poor visibility of the surface. establishing an air tour management plan or ‘‘(2) COMMERCIAL AIR TOUR OPERATOR.—The under this subsection, the Administrator and ‘‘(ii) the average number of flights per 12- term ‘commercial air tour operator’ means the Director shall each sign the environ- month period used by the operator to provide any person who conducts a commercial air mental decision document required by sec- such tours within the 36-month period prior tour. tion 102 of the National Environmental Pol- to such date of enactment, and, for seasonal ‘‘(3) EXISTING COMMERCIAL AIR TOUR OPER- icy Act of 1969 (42 U.S.C. 4332) which may in- operations, the number of flights so used ATOR.—The term ‘existing commercial air clude a finding of no significant impact, an during the season or seasons covered by that tour operator’ means a commercial air tour environmental assessment, or an environ- 12-month period; operator that was actively engaged in the mental impact statement, and the Record of ‘‘(B) may not provide for an increase in the business of providing commercial air tours Decision for the air tour management plan. number of operations conducted during any over a national park at any time during the ‘‘(3) CONTENTS.—An air tour management time period by the commercial air tour oper- 12-month period ending on the date of enact- plan for a national park— ator to which it is granted unless the in- ment of the Air Transportation Improve- ‘‘(A) may prohibit commercial air tour op- crease is agreed to by the Administrator and ment Act. erations in whole or in part; the Director; ‘‘(4) NEW ENTRANT COMMERCIAL AIR TOUR OP- ‘‘(B) may establish conditions for the con- ‘‘(C) shall be published in the Federal Reg- ERATOR.—The term ‘new entrant commercial duct of commercial air tour operations, in- ister to provide notice and opportunity for air tour operator’ means a commercial air cluding commercial air tour routes, max- comment; tour operator that— imum or minimum altitudes, time-of-day re- ‘‘(D) may be revoked by the Administrator ‘‘(A) applies for operating authority as a strictions, restrictions for particular events, for cause; commercial air tour operator for a national maximum number of flights per unit of time, ‘‘(E) shall terminate 180 days after the date park; and intrusions on privacy on tribal lands, and on which an air tour management plan is es- ‘‘(B) has not engaged in the business of mitigation of noise, visual, or other impacts; tablished for that park or those tribal lands; providing commercial air tours over that na- ‘‘(C) shall apply to all commercial air tours and tional park or those tribal lands in the 12- within 1⁄2 mile outside the boundary of a na- ‘‘(F) shall— month period preceding the application. tional park; ‘‘(i) promote protection of national park ‘‘(5) COMMERCIAL AIR TOUR OPERATIONS.— ‘‘(D) shall include incentives (such as pre- resources, visitor experiences, and tribal The term ‘commercial air tour operations’ ferred commercial air tour routes and alti- lands; means commercial air tour flight operations tudes, relief from caps and curfews) for the ‘‘(ii) promote safe operations of the com- conducted— adoption of quiet aircraft technology by mercial air tour; ‘‘(A) over a national park or within 1⁄2 mile commercial air tour operators conducting ‘‘(iii) promote the adoption of quiet tech- outside the boundary of any national park; commercial air tour operations at the park; nology, as appropriate; and ‘‘(B) below a minimum altitude, deter- ‘‘(E) shall provide for the initial allocation ‘‘(iv) allow for modifications of the oper- mined by the Administrator in cooperation of opportunities to conduct commercial air ation based on experience if the modification with the Director, above ground level (except tours if the plan includes a limitation on the improves protection of national park re- solely for purposes of takeoff or landing, or number of commercial air tour flights for sources and values and of tribal lands. necessary for safe operation of an aircraft as any time period; and ‘‘(3) NEW ENTRANT AIR TOUR OPERATORS.— determined under the rules and regulations ‘‘(F) shall justify and document the need ‘‘(A) IN GENERAL.—The Administrator, in of the Federal Aviation Administration re- for measures taken pursuant to subpara- cooperation with the Director, may grant in- quiring the pilot-in-command to take action graphs (A) through (E). terim operating authority under this para- to ensure the safe operation of the aircraft); ‘‘(4) PROCEDURE.—In establishing a com- graph to an air tour operator for a national and mercial air tour management plan for a na- park for which that operator is a new en- ‘‘(C) less than 1 mile laterally from any ge- tional park, the Administrator and the Di- trant air tour operator if the Administrator ographic feature within the park (unless rector shall— determines the authority is necessary to en- more than 1⁄2 mile outside the boundary).

VerDate 30-SEP-99 02:02 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.003 pfrm01 PsN: S04PT1 S11842 CONGRESSIONAL RECORD — SENATE October 4, 1999

‘‘(6) NATIONAL PARK.—The term ‘national tions to the Administrator and the (b) TECHNICAL CORRECTION.—The amend- park’ means any unit of the National Park Director— ment made by this section may not be con- System. (1) on the implementation of this title; strued as making a substantive change in ‘‘(7) TRIBAL LANDS.—The term ‘tribal lands’ (2) on the designation of appropriate and the language replaced. means ‘Indian country’, as defined by section feasible quiet aircraft technology standards SEC. 702. RESTATEMENT OF 49 U.S.C. 44909. 1151 of title 18, United States Code, that is for quiet aircraft technologies under devel- Section 44909(a)(2) is amended by striking within or abutting a national park. opment for commercial purposes, which will ‘‘shall’’ and inserting ‘‘should’’. ‘‘(8) ADMINISTRATOR.—The term ‘Adminis- receive preferential treatment in a given air The PRESIDING OFFICER. The Sen- trator’ means the Administrator of the Fed- tour management plan; ator from Washington is recognized. eral Aviation Administration. (3) on other measures that might be taken Mr. GORTON. Mr. President, this ‘‘(9) DIRECTOR.—The term ‘Director’ means to accommodate the interests of visitors to afternoon the Senate begins consider- the Director of the National Park Service.’’. national parks; and (b) EXEMPTIONS.— (4) on such other national park or tribal ation of a bill that will, if and when en- (1) GRAND CANYON.—Section 40126 of title lands-related safety, environmental, and air acted, affect the constituents of every 49, United States Code, as added by sub- touring issues as the Administrator and the single Member of this body. An effi- section (a), does not apply to— Director may request. cient air transportation system is crit- (A) the Grand Canyon National Park; or (d) COMPENSATION; SUPPORT; FACA.— ical not only to our commute home (B) Indian country within or abutting the (1) COMPENSATION AND TRAVEL.—Members every weekend but, on a larger scale, Grand Canyon National Park. of the advisory group who are not officers or to the functioning of a national and (2) LAKE MEAD.—A commercial air tour of the employees of the United States, while at- global economy. Grand Canyon that transits over or near the tending conferences or meetings of the group Lake Mead National Recreation Area en route The U.S. economy is becoming in- or otherwise engaged in its business, or while creasingly dependent upon a safe and to, or returning from, the Grand Canyon, with- serving away from their homes or regular out offering a deviation in flight path between places of business, each member may be al- efficient national air transportation its point of origin and the Grand Canyon, shall lowed travel expenses, including per diem in system. Without a sound aviation in- be considered, for purposes of paragraph (1), to lieu of subsistence, as authorized by section frastructure, the enormous flow of be exclusively a commercial air tour of the 5703 of title 5, United States Code, for per- goods and services across the nation Grand Canyon. sons in the Government service employed and over the oceans would slow to a ø(2)¿ (3) ALASKA.—The provisions of this intermittently. trickle. Unfortunately, the air traffic title and section 40126 of title 49, United (2) ADMINISTRATIVE SUPPORT.—The Federal delays experienced this past summer States Code, as added by subsection (a), do Aviation Administration and the National seem to be the first signs that the sys- not apply to any land or waters located in Park Service shall jointly furnish to the ad- Alaska. tem is reaching its limits. It is vital, visory group clerical and other assistance. therefore, that Congress acts now to ø(3)¿ (4) COMPLIANCE WITH OTHER REGULA- (3) NONAPPLICATION OF FACA.—Section 14 of TIONS.—For purposes of section 40126 of title the Federal Advisory Committee Act (5 keep this essential form of transpor- 49, United States Code— U.S.C. App.) does not apply to the advisory tation on a solid foundation. (A) regulations issued by the Secretary of group. S. 82, the Air Transportation Im- Transportation and the Administrator of the (e) REPORT.—The Administrator and the provement Act, would reauthorize the Federal Aviation Administration under sec- Director shall jointly report to the Congress programs of the Federal Aviation Ad- tion 3 of Public Law 100–91 (16 U.S.C. 1a–1, within 24 months after the date of enactment ministration (FAA), including the Air- note); and of this Act on the success of this title in pro- port Improvement Program (AIP), (B) commercial air tour operations carried viding incentives for quiet aircraft tech- which expired last Friday. The AIP out in compliance with the requirements of nology. provides federal grants to support the those regulations, SEC. 604. OVERFLIGHT FEE REPORT. shall be deemed to meet the requirements of capital needs of the nation’s commer- Not later than 180 days after the date of cial airports and general aviation fa- such section 40126. enactment of this Act, the Administrator of (c) CLERICAL AMENDMENT.—The table of the Federal Aviation Administration shall cilities. S. 82 establishes contract au- sections for chapter 401 is amended by adding transmit to Congress a report on the effects thority for the program. Without this at the end thereof the following: proposed overflight fees are likely to have on authority in place, the FAA cannot dis- ‘‘40126. Overflights of national parks.’’. the commercial air tour industry. The report tribute airport grants, regardless of SEC. 603. ADVISORY GROUP. shall include, but shall not be limited to— whether an AIP appropriation is in (a) ESTABLISHMENT.—Not later than 1 year (1) the viability of a tax credit for the com- place. It is imperative that airports re- after the date of enactment of this Act, the mercial air tour operators equal to the ceive the support that they need to op- Administrator of the Federal Aviation Ad- amount of the proposed fee charged by the ministration and the Director of the Na- erate both safely and efficiently. National Park Service; and In addition to grants for airport de- tional Park Service shall jointly establish an (2) the financial effects proposed offsets are advisory group to provide continuing advice velopment, S. 82 includes numerous likely to have on Federal Aviation Adminis- provisions designed to enhance avia- and counsel with respect to the operation of tration budgets and appropriations. commercial air tours over and near national tion safety, to improve competition parks. SEC. 605. PROHIBITION OF COMMERCIAL AIR TOURS OVER THE ROCKY MOUNTAIN and service in the aviation industry, (b) MEMBERSHIP.— NATIONAL PARK. and to address the issue of commercial (1) IN GENERAL.—The advisory group shall Effective beginning on the date of enact- be composed of— air tour flights over national parks. ment of this Act, no commercial air tour (A) a balanced group of — On behalf of the aviation leadership may be operated in the airspace over the (i) representatives of general aviation; of the Commerce Committee, I am of- Rocky Mountain National Park notwith- (ii) representatives of commercial air tour fering an amendment in the nature of a standing any other provision of this Act or operators; substitute to S. 82. This managers’ section 40126 of title 49, United States Code, (iii) representatives of environmental con- as added by this Act. amendment does not dramatically cerns; and change the provisions of the bill as it (iv) representatives of Indian tribes; TITLE VII—TITLE 49 TECHNICAL CORRECTIONS was reported. Rather, it makes tech- (B) a representative of the Federal Avia- nical changes and incorporates avia- SEC. 701. RESTATEMENT OF 49 U.S.C. 106(g). tion Administration; and tion-related provisions requested by (C) a representative of the National Park (a) IN GENERAL.—Section 106(g) is amended Service. by striking ‘‘40113(a), (c), and (d), 40114(a), many of our colleagues. The one nota- (2) EX-OFFICIO MEMBERS.—The Adminis- 40119, 44501(a) and (c), 44502(a)(1), (b) and (c), ble difference between the bill as re- trator and the Director shall serve as ex-offi- 44504, 44505, 44507, 44508, 44511–44513, 44701– ported and as modified by the man- cio members. 44716, 44718(c), 44721(a), 44901, 44902, 44903(a)– agers’ amendment, is that the new (3) CHAIRPERSON.—The representative of (c) and (e), 44906, 44912, 44935–44937, and version lengthens the term of the bill the Federal Aviation Administration and the 44938(a) and (b), chapter 451, sections 45302– so that authorizations would be pro- representative of the National Park Service 45304,’’ and inserting ‘‘40113(a), (c)–(e), vided through fiscal year 2002. shall serve alternating 1-year terms as chair- 40114(a), and 40119, and chapter 445 (except At this point, let me take a moment man of the advisory group, with the rep- sections 44501(b), 44502(a)(2)–(4), 44503, 44506, to summarize some of the major provi- resentative of the Federal Aviation Adminis- 44509, 44510, 44514, and 44515), chapter 447 (ex- cept sections 44717, 44718(a) and (b), 44719, sions of the substitute amendment: tration serving initially until the end of the Title I provides 3-year authorizations calendar year following the year in which 44720, 44721(b), 44722, and 44723), chapter 449 the advisory group is first appointed. (except sections 44903(d), 44904, 44905, 44907– for the AIP, the Facilities and Equip- (c) DUTIES.—The advisory group shall pro- 44911, 44913, 44915, and 44931–44934), chapter ment account (F&E), and the Oper- vide advice, information, and recommenda- 451, chapter 453, sections’’. ations account. [Unlike the reported

VerDate 30-SEP-99 02:02 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.003 pfrm01 PsN: S04PT1 October 4, 1999 CONGRESSIONAL RECORD — SENATE S11843 bill, S. 82 also includes an authoriza- in identifying potential problems be- ure the presence of my friend and col- tion for the FAA’s Research, Engineer- fore they cause accidents. league, the Senator from West Vir- ing and Development (RE&D) account.] Require the FAA to develop a plan to ginia. Senator ROCKEFELLER and I are Title II would amend various provi- implement the Wide Area Augmenta- often together on one cause or another. sions of the Airport Improvement Pro- tion System (WAAS), which enables The Senator is responsible for many of gram. Although the current allocation aircraft to use the Global Positioning the good things that are included in formulas for AIP monies would remain System for navigation. this bill, which is the result of a true essentially the same, there are a few Require the DOT Inspector General partnership. differences. For example, the set-aside to initiate an independent validation I yield the floor. for noise mitigation would increase and assessment of the FAA’s cost ac- Mr. ROCKEFELLER. I thank my dis- from 31 percent to 35 percent. Another counting system, which is currently tinguished colleague for those very change would increase from $500,000 to under development. generous comments. I feel no obliga- $650,000 the minimum amount of enti- Title V contains provisions intended tion to argue with him at this point. tlement funds that an eligible airport to promote aviation competition and He and I have been on the floor many receives each year. service. Key provisions include the fol- times before, sometimes successful, As recommended by the DOT Inspec- lowing: sometimes not. Today and tomorrow tor General, airports would be required A five-year pilot program would be we hope to be more successful. Always to use their entitlement funds for their created to help small communities at- I rely on the intelligence and the ar- highest priority projects before using tract improved air service. It is de- ticulation of the good Senator from the signed to facilitate incentives and them on lower priority projects. Title State of Washington. projects that will help communities II also includes numerous technical We are dealing with a new bill and a improve their air access to business amendments requested by the Adminis- substitute for it which will come up markets, through public-private part- tration. shortly. Ordinarily in these matters, nerships. Title II also establishes a five-year one doesn’t talk about either Senators The bill as approved by the Com- or staff or anybody else until every- pilot program to allow more airports to merce Committee also includes several thing is over. However, I think it would have the benefit of air traffic control provisions dealing with slot controls actually set a good tone for this debate services. This pilot program would be for high-density airports and the pe- if I thanked a few of my colleagues up- akin to the existing contract tower rimeter rule at Reagan National Air- front. One, it may put them in a better program. The difference being that an port. Although the managers’ amend- mood; two, it will discharge a duty airport would bear part of the costs of ment does not alter those provisions as a contract tower if it does not meet the they came out of committee, we will which I believe I have. I have been very frustrated by this benefit/cost ratio established for the soon offer an amendment to replace whole process because it has taken a regular program. them with a compromise redraft. That long time and I don’t like temporary Title III includes several technical amendment has been crafted to accom- extensions. We have had a history of and substantive amendments to cur- modate the concerns of several Sen- rent aviation law. The key provisions ators. short-term extensions. The FAA has would do the following: One notable difference is, the number suffered, the airports have suffered, my Give the FAA the authority to estab- of slot exemptions at Reagan National State has suffered, the Senator’s State lish consortia of government and avia- will be reduced from 48 to 24. Another has suffered, a lot of it during the tion industry representatives at indi- change is that the high density rule course of this past year. vidual airports to provide advice on will eventually cease to apply to all of My frustration spilled over as far as aviation security and safety. the slot control airports, with the ex- the junior Senator from West Virginia Give the FAA broader authority to ception of Reagan National. Before the is concerned a few weeks ago when I determine when a criminal history slot controls are eliminated, access to came to the Senate floor and poured record check is warranted for persons the airports will be broadened for re- out my frustrations about the whole performing security screening of pas- gional jet air service to smaller com- troubled state of our air traffic control sengers and cargo. munities and new infant airlines. system and the potential impact on our Reauthorize the ‘‘War Risk’’ aviation Title VI contains consensus legisla- national economy, as well as the im- insurance program and implement an tion developed by Chairman MCCAIN to pact on my State and a lot of other FAA suggestion to ensure timely pay- regulate the overflight of national things which I characterize as being ment of claims under the program. parks by air tour operators. fairly scary in terms of delays and con- Make it a crime for someone to pilot Title VII contains entirely technical gestion on what I consider to be an al- a commercial aircraft without a valid amendments to address recodification ready enormously overburdened sys- certificate. and other errors in title 49 of the tem. I am frightened about the pros- Title IV includes a wide variety of United States Code. pects for the future. What we will do provisions, all of which are intended to Title VIII contains new provisions today is by no means the end of what improve aviation safety, security, or that transfer the aeronautic charting we must do in the future. efficiency. Notable provisions would do activities of the National Oceano- Today I am feeling very good. It is the following: graphic and Atmospheric Administra- very good to be on the floor. We are on Require collision avoidance equip- tion to the FAA. the floor for a reason. We are on the ment to be installed on cargo aircraft. The passage of this bill is crucial. We floor introducing the Air Transpor- Require more aircraft to be equipped have a duty to the American people to tation Improvement Act of 1999, which with emergency locator transmitters. provide support to the national air we all know and love as the FAA and Prohibit anyone convicted of a crime transportation system. Air travel and AIP reauthorization act. involving bogus aviation parts from the aviation-related industries are a The chairman of the Commerce Com- working in the industry or obtaining a fundamental part of our social and eco- mittee, JOHN MCCAIN, and the ranking certificate from the FAA. nomic structure, and their response member, FRITZ HOLLINGS, have been Give the FAA authority to impose will continue to grow. The Congress working around the clock with Senator fines on unruly passengers. may play only one part in the overall GORTON and myself—the latter two Require the DOT to step up its en- workings of this system, but it is an es- being on the Aviation Subcommittee— forcement of laws and regulations re- sential part. to work out a number of long, lingering lated to the treatment of disabled pas- The Air Transportation Improvement conflicts, some of which still linger but sengers. Act gives an opportunity to renew most of which do not with respect to Require the FAA to accelerate its commitment to the future of this coun- this bill. rulemaking on a program under which try. I strongly urge my colleagues to The majority leader and the Demo- airlines and their crews share oper- support S. 82. cratic leader were both extremely help- ational information. This new source of Before we start the amendments and ful and were very personally involved, information may assist safety experts begin debate, I note with great pleas- showing their strong commitment to

VerDate 30-SEP-99 02:02 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.005 pfrm01 PsN: S04PT1 S11844 CONGRESSIONAL RECORD — SENATE October 4, 1999 aviation by finding time in a very busy airlines will be carrying more than 1 Let me share some of the highlights fall schedule. I do not know how long it billion passengers each year; that is up of the bill and the agreed-upon com- will last, but a potential 2 days is gen- more than 50 percent from the records mittee substitute, which I believe Sen- erous, and I respect and appreciate that were carried last year. The num- ator GORTON and I will want to intro- that. ber of aircraft in the air, on the duce momentarily. In terms of changes A whole host of other Senators have ground, moving about, will increase by in aviation law and policy and innova- constituents who care enormously 50 percent in the next decade. That can tive new programs, the package in- about this whole question from a vari- make you happy; that can also make cludes some of the following: an impor- ety of points of view—access to air you nervous. tant agreement worked out with the service, lack of access to air service, The regional fleet, which is some- majority to authorize an increase of noise, all kinds of other issues—and thing I care about enormously, because $500 million for the FAA’s Air Traffic have been willing to roll up their that is the connection in the whole hub Control Modernization Program. We sleeves and work very hard to find a and spoke system, a connection which are grateful for every $50 million, $100 compromise. I want to name some: is very important, will grow by more million, and $1 billion we can get our Senator SCHUMER; the Iowa Senators, than 40 percent. Worldwide, air cargo hands on. HARKIN and GRASSLEY; Senator WYDEN will more than triple. These are incred- Mr. President, $500 million is an in- from Oregon; the Virginia Senators, ible figures, projections of which the crease; it is more than it was, and we both ROBB and WARNER; the Illinois FAA and the industry can and should are glad. There is an emphasis on im- Senators, both DURBIN and FITZ- be very proud. proving air service to something we GERALD. Everyone has had to give a lit- Of course, there is a catch. We have call small communities, which I imag- tle, and it hasn’t been easy. I hope ev- to be able to handle this air traffic, and ine would be of interest to the Pre- eryone has also gotten a little, and, in we have to be able to handle it safely, siding Officer. That increase will take some cases, some have gotten quite a in order to realize this growth. By various forms such as an increase in lot. most accounts at the FAA and at air- the minimum Airport Improvement First, I extend my thanks to my col- ports across the Nation, we are simply Program entitlement from $500 million leagues and to the leadership for put- not ready to do this. In fact, we are to $650 million annually, a new $80 mil- ting the Senate in a situation for a fair having trouble staying on top of the lion pilot project to assist small com- debate. We have at least gone this far. system. With every year and every munities that are struggling to restore There is a lot of work to do, but first month that we allow ourselves to fall air service, and an immediate and, things first. As we begin Senate consid- further behind in our modernization ef- hopefully, lasting priority for new serv- eration of the FAA reauthorization fort, there are times when one wonders ice opportunities at the four slot-con- bill, I am optimistic we can proceed in will we ever catch up, will we ever un- trolled airports: O’Hare, LaGuardia, good order. I think we can do this in a derstand what it means to put into Kennedy, and Reagan National, and a couple of days. place a full infrastructure for an air ban on smoking on all international I tend to think at a fundamental traffic control system so we can take flights to and from the United States. level the cooperation and hard work I this doubling and tripling I have talked Here, actually, I give special thanks to have seen reflects a deep and abiding about before. the tireless efforts of Senator DURBIN. sense of responsibility on the part of That is why, as Senator GORTON indi- There is whistle-blower protection my colleagues, which they can hardly cated, it is so critical we in Congress for airline and FAA employees so none ignore in the first place, for the contin- hold up our end of the bargain by mak- will fear losing their jobs for pointing ued safety and efficiency of our avia- ing improvements where we can and out safety violations or concerns that tion system and the condition of our provide a system with some kind of are pertinent. This is an item Senator air traffic control system which is un- predictability. The FAA reauthoriza- KERREY from Nebraska has been known to most but ought to be feared tion bill is all about starting to chart preaching on for quite a while. There is by all. a course for growth, with a focus on in- a series of specific safety improve- We have a number of issues to debate creasing efficiency, improving cus- ments such as new runway incursion here, some of which, as I indicated, are tomer service, and facilitating com- technologies and stronger enforcement still in controversy. The vast major- petitive access, all the while staying of hazardous materials regulations, and ity—and I think my colleague will focused on strengthening our strong a significant new agreement on noise agree—have been fully worked out and safety record. and environmental issues arising from have been agreed to on all sides. ‘‘All This is a 4-year authorization bill. It aircraft that fly over our National sides’’ become very important words. will cost about $45 billion in total in Parks. In one case, we have an airport Not all, but a majority. aviation funding. That sounds like an in a National Park—only one, thank Aviation, as my ranking chairman enormous sum. It is, but it is not. It is heavens. This reflects several years of indicated, is a proven engine of eco- because it is. It isn’t because it will not very tough negotiations among Sen- nomic growth in this country. People do the job, but it will help us. It will ator MCCAIN, Senator BRYAN, and oth- don’t think of it that way. Similar to get us started on the right path. ers. universities, sometimes people think of Ours is an enormous and complex In addition, through the amendment them in different ways. It is an enor- aviation system. People don’t stop to process, I know we will be considering, mous economic engine. Each day, 2 think about it. They take it for grant- and hopefully taking action on, several million people travel on U.S. commer- ed. They did not take it for granted other very important provisions. For cial airlines and a quarter of million do when there was enormous traffic con- example, Senator GORTON and I will the same thing on smaller, private gestion to get to the Redskin Stadium offer a painstakingly negotiated agree- planes that transport people for busi- a couple of weeks ago, and they did ment among all parties for an overhaul ness. Sometimes they do it simply for take it for granted when there seemed of the slot rules at the four high-den- the sheer pleasure of flying. to be none yesterday. I wasn’t at either sity airports: Reagan National, Chi- Every day and night, U.S. airlines game so I have no idea. But people tend cago O’Hare, New York Kennedy, and carry more than 10 million packages to take for granted things which they LaGuardia. Under this deal, the slot and overnight letters. Every day, more use frequently. That is not something rules will be phased out over time— than 10 million Americans go to work we can afford to be doing in Congress. phased out over time—in New York and in aviation-related businesses. Ten mil- For now, let me note this $45 billion Chicago. This was a rather bold idea at lion Americans? Yes. That makes authorization includes roughly $10 bil- the time, put forward, actually, by the America among the largest manufac- lion for airports under the Airport Im- Secretary of Transportation last turing exporters of any enterprise. To provement Program, $24 billion for the spring. Most important, from my per- the great credit of the aviation indus- FAA’s nearly 50,000 employees and for spective, these changes offer us an op- try and the Federal Aviation Adminis- air traffic control operations, and $10 portunity to increase access to these tration, projected growth for aviation billion for air traffic equipment as part key airports. Once again, I am think- is unparalleled. Within 10 years, U.S. of the whole modernization effort. ing of the constituents of the State of

VerDate 30-SEP-99 02:02 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.009 pfrm01 PsN: S04PT1 October 4, 1999 CONGRESSIONAL RECORD — SENATE S11845 the Presiding Officer, and that is the ators—even after both chambers have monitoring of rail rolling stock. name of the game: Can you get into already passed their versions of the $250,000 is set aside for the University some of these larger airports? This will legislation. of Missouri-Rolla to work on advanced give an extra boost of service to small One would have thought with the composite materials for use in repair- communities and to new entrant air- windfall enjoyed by most states due to ing old railroad bridges. lines. the new budgetary scheme under As I have said previously, I do not Several of us, further, will join to- Transportation Equity Act for the 21st question that some—perhaps all—of gether to offer an amendment to pro- Century, there would have been less this research may be needed, but I do tect airline passenger rights—Senator project earmarking, but unfortunately question whether the specifically se- GORTON and I and others will do that— that was not the case. And, there al- lected universities are the best place to to hold the airlines’ feet to the fire on ways seems to be a ready list of towns, spend taxpayer dollars on those their promise to improve customer airports, universities, or research orga- projects. It is conceivable that there service and to reduce customer com- nizations that appropriators want to may be other, more experienced enti- plaints. This last summer, I thought, reward with more money to work on a ties, that could perform the research— was almost historic, not that it seemed transportation project. but we will never know because ear- to have enormous effect but it was a For example, many airports that marking ignores merit-based criteria. historic example of what happens when failed to be included when the House I vehemently object to the expendi- you get gridlock in the air. People were and Senate considered the transpor- ture of scarce transportation funds on held up. It was all during the summer tation funding legislation somehow projects that have not been subject to travel months. That period of time is managed to be included in the con- uniform, objective funding criteria. I going to keep growing as the conges- ference agreement. Some of the new further object to the expenditure of tion grows greater and greater. entrants on the airport funding pri- scarce transportation funds on unau- Another amendment Senator GORTON ority list are the Aurora Municipal thorized programs. and I will offer will propose incre- Airport in Illinois, the Upper Cum- Section 365 provides $500,000 in grants mental FAA management reform—that berland Regional Airport in Tennessee, to the Environmental Protection Agen- is something we feel very strongly the Abbeyville Airport in Alabama, and cy to develop a program that allows about—and an innovative financing the Eastern West Virginia Airport in employers in certain regions to receive piece for air traffic equipment. West Virginia. credits for reduced vehicle-miles-trav- Like some airports, transit projects Finally, I expect we will see some eled if that employer allows workers to that failed to make the cut when the amendments and debate related to air- telecommute. Section 365 was not in House and Senate considered their re- line competition. That will be con- the House-passed bill. Section 365 was spective funding bills also somehow troversial, the question of whether and not in the Senate-passed bill. There made the cut in the conference report. how we should strengthen Federal com- have been no hearings on the provision Further, the conferees deemed it nec- petition laws and policies as they apply in either the House or the Senate. I, for essary to provide specific recommenda- to the airline industry. one, believe that the airport and sur- In closing, obviously, there are other tions to allocate 65 percent of the dol- face transportation safety programs important provisions in this bill. I will lars set aside for the new jobs access could far better use that half a million not go through them in full. Suffice it and reverse grants program established dollars than the Environmental Pro- to say, Senator GORTON and I believe under TEA–21. And, yet the House tection Agency. this is a truly balanced package, an in- approprators had acknowledged in the I have asked the following question clusive FAA and AIP reauthorization House report accompanying the bill before and I will continue to on other package. There has been a lot of con- that this program was created ‘‘to appropriations bills. I ask my col- sulting, a lot of negotiating—an enor- make competitive grants.’’ If the fund- leagues, why are the appropriators so mous amount of negotiating. I think it ing is to be competitively awarded, reluctant to permit projects to be is a good bill. why did the conferees find the need to I am glad to join my colleague, Sen- provide a listing of 47 specific recipi- awarded based on a competitive and meritorious process that would be fair ator GORTON, in offering the committee ents? substitute today on behalf of ourselves, I have consistently fought Congres- for all the states and local commu- the chairman and ranking member, at sional earmarks that direct money to nities? I ask my colleagues, why are the appropriate time. I look forward to particular projects or recipients, be- the appropriators so quick to slip in the debate on it. lieving that such decisions are far bet- provisions creating brand new author- I thank the Presiding Officer. ter made through nationwide competi- izations. I suspect it is due to the fact ∑ Mr. MCCAIN. Madam President, I tive, merit-based guidelines and proce- they may doubt the merits and worth wish to express my strong opposition dures. I continue to find this practice of the very projects they are ear- to the conference agreement on H.R. an appalling waste of taxpayer dollars. marking and of the programs they are 2084, the Fiscal Year 2000 Transpor- Bill after bill, year after year, ear- authorizing. tation Appropriations Bill as recently marks continue to divert needed fed- I have only mentioned a few of the approved by the House and Senate con- eral resources away from more meri- examples of earmarks and special ferees. torious and deserving projects. It is projects contained in this measure and I recognize that there are very im- simply unconscionable that Congress I will not waste the time of the Senate portant provisions in the legislation, condones wasting so much of our tax- going over each and every earmark. sections that appropriate funds for pro- payers dollars by funneling funds to However, a detailed listing of the many grams vital to the safety of the trav- special interest projects while at the earmarked projects proposed in this eling public and our national transpor- same time, so many of our young men bill and committee report are available tation system over all. Yet despite that and women serving in the armed serv- from my office and can also be ob- necessary funding, the legislation once ices go underpaid and in some cases, tained from my website. again goes overboard on pork barrel are forced to accept food by Congress, Finally, I would like to express my spending. have been classic examples. grave concerns over a provision that It is extremely disappointing the Let me share with my colleagues would prevent certain very critical conferees chose to meld the enormous some of the university-related pork. motor carrier safety functions from number of listed projects that were $500,000 is provided for Crowder College being administered by the Federal earmarked in the House and Senate re- in Missouri for a truck driving center Highway Administration. Such a prohi- ports accompanying the transportation safety initiative. $875,000 is set aside bition could be of grave consequence to appropriations bill this year. Many ad- for the University of South Alabama to the road traveling public and is short- ditional projects were also included by begin a research project on rural vehic- sighted at best. the conferees. It seems that there is ular trauma victims. $250,000 is set Last year an attempt was made by never a dearth of special projects that aside for Montana State University at the House Appropriations Committee come to the attention of appropri- Bozeman to pilot real-time diagnostic to strip FHWA from its authority over

VerDate 30-SEP-99 02:02 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.011 pfrm01 PsN: S04PT1 S11846 CONGRESSIONAL RECORD — SENATE October 4, 1999 motor carrier safety matters. As Chair- standards, particularly for light of amendments as early and as prompt- man of the Senate Committee on Com- trucks, is especially important when ly as we possibly can so debate can be merce, Science, and Transportation, our nation is importing increasing carried forward. which has jurisdiction over most fed- amounts of oil every year. Second, as Senator ROCKEFELLER eral transportation safety policies, in- For the past four years, Congress has pointed out, there are two additional cluding motor carrier and passenger denied the American people access to amendments to this substitute amend- vehicle safety, I opposed this proposal, existing technologies that could save ment that can be put up whether or not in part because it had never been con- them thousands of dollars at the gas the substitute amendment has been sidered by the authorizing committees pump, technologies that the auto in- agreed to. One has to do with the air of jurisdiction. The provision was ulti- dustry could implement with no reduc- traffic control system and its mod- mately not enacted and I pledged that tion in safety, power, or performance. ernization. I would work to address motor carrier The House rider blocking consider- Senator ROCKEFELLER and I and safety concerns in this Congress. I have ation of improved CAFE standards was many others, as the Senator from West lived up to this commitment. attached to the DOT spending bill Virginia pointed out, have worked dili- At my request, the Inspector General without any hearings or debate. While gently in that connection, and we be- of the Department of Transportation I will not object to passage of this im- lieve that proposal now is not con- conducted a comprehensive analysis of portant appropriations measure today, troversial, though it is of vital impor- federal motor carrier safety activities. I want to state in the strongest terms tance and we hope it can be agreed to Serious safety gaps have been identi- my disappointment, shared by many of promptly. fied, and as such, the authorizing Com- my colleagues, that the statutory re- The other amendment, of course, is mittees of jurisdiction have been work- quirement to study ways to improve the amendment dealing with slots at ing to move legislation to improve fuel efficiency standards is being the four or five busiest airports in the motor carrier safety. The Commerce blocked. country. There may be some con- Committee held a hearing on my spe- We should lift this gag order and give troversy in connection with that cific safety proposal and we expect to the Department of Transportation the amendment. In any event, we hope that mark up that measure during the next opportunity to consider this important each of those amendments will be Executive session. Indeed, we are work- issue.∑ adopted relatively promptly. Members ing to move legislation through the The PRESIDING OFFICER. The Sen- are urged to bring their amendments to regular legislative process. ator from Washington. the floor or to speak to the managers In my opinion, it is very short-sight- Mr. GORTON. Mr. President, I now about concerns they have that may be ed and a serious jeopardy to public withdraw the committee amendments. solved relatively easily. safety if Congress shuts off funds for The committee amendments were Under the statement made earlier motor carrier safety activities within withdrawn. today when this session of the Senate the Department of Transportation. For AMENDMENT NO. 1891 began, it is at least possible there will example, under the conference agree- (Purpose: To authorize appropriations for be further votes on this bill today after ment, the Department would not be the Federal Aviation Administration, and the vote on the Transportation appro- permitted to access civil penalties for for other purposes) priations bill at 5:30 p.m. In any event, motor carrier safety violations. Ac- Mr. GORTON. Mr. President, I send a there certainly will be by tomorrow. I cording to DOT, ‘‘this provision would substitute amendment to the desk for yield the floor. effectively shut down our safety en- Senator MCCAIN, myself, and Senator The PRESIDING OFFICER. The dis- forcement program.’’ While I am aware ROCKEFELLER and ask for its imme- tinguished Senator from Illinois is rec- safety improvements are necessary and diate consideration. ognized. am working to accomplish those need- The PRESIDING OFFICER. The Mr. FITZGERALD. Mr. President, I ed improvements, stipping critical au- clerk will report the amendment. appreciate the comments of the man- thority is not in the interest of truck The bill clerk read as follows: ager of the bill and also the distin- guished Senator from West Virginia. safety. I would urge the President to The Senator from Washington [Mr. GOR- veto this legislation due to this unwise TON], for Mr. MCCAIN, for himself, Mr. GOR- One thing I want to make clear, con- and unsound provisions and permit the TON, and Mr. ROCKEFELLER, proposes an trary to the statement of the Senator authorization process to proceed re- amendment numbered 1891. from West Virginia, is that at least sponsibly.∑ Mr. GORTON. Mr. President, I ask this Senator from Illinois does not be- ∑ Mr. REED. Madam President, I rise unanimous consent that reading of the lieve he was involved in any of the ne- to address an issue of great importance amendment be dispensed with. gotiations, certainly not with respect for our Nation’s environment and eco- The PRESIDING OFFICER. Without to this last-minute attempt to entirely nomic security. objection, it is so ordered. lift the high density rule that has gov- Today the Senate will pass the fiscal (The text of the amendment is print- erned three of our Nation’s most year 2000 Transportation Appropria- ed in today’s RECORD under ‘‘Amend- crowded and congested airports since tions bill. In that bill, for the fifth year ments Submitted.’’) the late 1960s. in a row, is a House-passed rider that Mr. FITZGERALD addressed the Going back to the 1960s, the FAA has would block the Department of Trans- Chair. had a rule in effect that limits oper- portation from conducting a legisla- The PRESIDING OFFICER. Will the ations at Chicago O’Hare International tively-mandated study of Corporate Senator withhold for a moment. Airport to 155 operations an hour. The Average Fuel Economy Standards. The Senator from Washington. reason for that rule was that the air- The current CAFE standard for pas- Mr. GORTON. Mr. President, I ask port was at capacity and adding more senger cars is 27.5 miles per gallon, unanimous consent that the amend- operations per hour would add to while the standard for so-called ‘‘light ment be agreed to and considered as delays and jeopardize the safety of the trucks’’, including SUVs and minivans, original text for the purpose of further flying public. remains at just 20.7 miles per gallon. amendment. This original bill had an exemption Today, with SUVs and minivans ac- Mr. FITZGERALD. I object. for 30 new slots that the FAA could counting for almost half of all new cars The PRESIDING OFFICER. An objec- grant at O’Hare. I had misgivings sold in the United States, we need to tion is heard. about even those 30 exemptions for new give serious consideration to improving Mr. GORTON. Mr. President, we will flights at O’Hare, and I had been work- fuel economy standards for these vehi- take such measures as are necessary to ing with the chairman of the Com- cles. By doing so, we could cut harmful see whether or not the objection can be merce Committee on that issue, going air pollution, help curb global warm- withdrawn or we will simply go ahead back several months. But this was at ing, and reduce the amount of gasoline and debate the substitute amendment. the last minute. In fact, I read it in the we consume. The existing CAFE stand- Let me add three other matters. newspaper today that a deal had been ards save more than 3 million barrels First, we will attempt to get a unani- cut behind the scenes to go ahead and of oil every day. Improving these mous consent agreement on the filing lift the high density rule altogether.

VerDate 30-SEP-99 02:02 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.052 pfrm01 PsN: S04PT1 October 4, 1999 CONGRESSIONAL RECORD — SENATE S11847 I think that is a grave mistake that to Washington. We had a Taste of Chi- privilege of the floor during the Sen- could jeopardize the safety of our fly- cago party on the House side of the ate’s consideration of S. 82. ing public in the United States. I fly Capitol. It was a huge party. There The PRESIDING OFFICER. Without out of O’Hare International Airport were 500 people from Chicago willing to objection, it is so ordered. every week. In fact, I live 12 miles from celebrate the Taste of Chicago in Mr. FITZGERALD. I suggest the ab- it. As I grew up, that airport grew up. Washington. Unfortunately, the mayor sence of a quorum. It grew into the busiest airport in the of Chicago was stuck on the tarmac at The PRESIDING OFFICER. The world. Anybody who has been there O’Hare for 4 hours because of delays. It clerk will call the roll. this year knows that it is so crowded is too crowded and it is too congested. The legislative assistant proceeded and congested that there are constant Fortunately, thus far, the air traffic to call the roll. delays at O’Hare. In fact, a report that controllers have managed the traffic Mr. AKAKA. Mr. President, I ask came out earlier this year suggested and the delays there, and they have not unanimous consent that the order for there are more delays at O’Hare Inter- felt pressured into doing something un- the quorum call be rescinded. national Airport than at any other wise. But it is very possible that we Mr. FITZGERALD. Mr. President, I major airport in the country. could put so much pressure on those object. In 1995, when Congress considered air traffic controllers and those pilots The PRESIDING OFFICER. Objec- lifting the high density rule, the FAA that a mistake could be made and we tion is heard. commissioned a study to look into could jeopardize the safety of the fly- The clerk will continue to call the what would happen if they lifted the ing public. roll. high density rule. That study con- So I will be here to fight the lifting The legislative clerk continued to cluded it would be a great mistake to of those caps at O’Hare. We have to call the roll. lift the high density rule because it come up with some other solutions. I Mr. AKAKA. Mr. President, I ask would further add to delays at O’Hare do agree we want competition amongst unanimous consent that the order for and some of the Nation’s other slot- our airlines. Certainly with the situa- the quorum call be rescinded. controlled airports. tion at O’Hare, where you have two air- The PRESIDING OFFICER. Without When there are massive delays at lines, United and American, that con- objection, it is so ordered. O’Hare, it pressures the air traffic con- trol 80 percent of the slots, they don’t Mr. AKAKA. Mr. President, I am trollers to hurry up and get more want anybody else to cut into their pleased to rise in support of S. 82, the flights in the air to alleviate those monopoly there. Thus, they don’t want Air Transportation Improvement Act delays. Sometimes there are 100 flights any more air capacity outside of of 1999. This measure will enhance the waiting to take off at O’Hare Inter- O’Hare in Chicago. I understand that. safety and efficiency of our air trans- national Airport. Lifting the high den- That has created problems. I want to portation system. The residents of Ha- sity rule says that maybe sometimes work to solve those problems with the waii, a State that is perhaps more de- we will have 200 flights waiting to take Members of this body. But I do not pendent on air transportation than any off on the runways at O’Hare. With think we should do it in such a way other, stand to benefit significantly that kind of pressure on the air traffic that we cause more delays at O’Hare, from this legislation. controllers, certainly there is the pos- which puts more pressure on our air Today I want to speak to title VI of sibility to do something unwise and to traffic controllers, our pilots, and our the bill which addresses the issue of air make too many flights take off too whole infrastructure in aviation, and tour operations at national parks. close to each other, which could risk potentially jeopardizes the safety of Title VI establishes a comprehensive the lives of passengers in this country. the flying public. regulatory framework for controlling I am here to tell you that if one pas- air tour traffic in and near units of the senger dies in the United States be- Mr. President, thank you very much. Mr. ROCKEFELLER. I suggest the National Park System. The legislation cause this Congress, going along with absence of a quorum. requires the Federal Aviation Adminis- pressure from United and American The PRESIDING OFFICER (Mr. tration, in cooperation with the Na- Airlines, which already have 80 percent KYL). The clerk will call the roll. tional Park Service and with public of the market in Chicago O’Hare and The legislative assistant proceeded input from stakeholders, to develop an want more of it and are trying to block to call the roll. air tour management plan for parks the construction of a third airport in Mr. FITZGERALD. Mr. President, I currently or potentially affected by air Chicago because they do not want any- ask unanimous consent that the order tour flights. body else to have any of the market in for the quorum call be rescinded. Under this process, routes, altitudes, Chicago, if in responding to pressure The PRESIDING OFFICER. Without time restrictions, limitations on the from those airlines, we are going to add objection, it is so ordered. number of flights, and other operating so many more flights at O’Hare that we PRIVILEGE OF THE FLOOR parameters could be prescribed in order jeopardize the life of just one passenger to protect sensitive park resources as in this country, then we have made a Mr. FITZGERALD. Mr. President, I well as to enhance the safety of air horrible, grave mistake. ask unanimous consent that Stanley Thus, I will be here everyday this bill Bach of the Congressional Research tour operations. An air tour plan could is up, and I will fight doing that. I look Service be granted the privilege of the prohibit air tours at a park entirely, forward to working with the managers floor during the Senate’s consideration regulate air tours within half a mile of the bill to possibly address my con- of S. 82. outside the boundaries of a park, regu- cerns. The PRESIDING OFFICER. Without late air tour operations that impact I was elected, in part, on this issue, objection, it is so ordered. tribal lands, and offer incentives for and my predecessor, Carol Moseley- Mr. FITZGERALD. I suggest the ab- the adoption of quieter air technology. Braun, in fact, last year when there sence of a quorum. S. 82 also creates an advisory group was a proposal to add just 100 more The PRESIDING OFFICER. The comprising representatives of the FAA, slots at O’Hare, fought that. She clerk will call the roll. the Park Service, the aviation indus- thought she had an agreement to lower The legislative assistant proceeded try, the environmental community, that to 30 more slots that could be to call the roll. and tribes to provide advice, informa- sparingly granted by the FAA, if all Mr. FITZGERALD. Mr. President, I tion, and recommendations on over- sorts of certain criteria were met. ask unanimous consent that the order flight issues. Now it appears there is an effort on for the order for the quorum call be re- As embodied in the air tour manage- the part of those who have negotiated scinded. ment plan process, this bill treats over- this bill to run roughshod over all The PRESIDING OFFICER. Without flights issues on a park-by-park basis. those conversations with Senators objection, it is so ordered. Rather than a one-size-fits-all ap- from Illinois and go ahead and say the PRIVILEGE OF THE FLOOR proach, the legislation establishes a sky is the limit at O’Hare. Mr. FITZGERALD. Mr. President, I fair and rational mechanism through It is interesting; last week, Mayor ask unanimous consent that Evelyn which environmental and commercial Daley from Chicago was trying to fly Fortier of my office be granted the aviation needs can be addressed in the

VerDate 30-SEP-99 02:02 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.013 pfrm01 PsN: S04PT1 S11848 CONGRESSIONAL RECORD — SENATE October 4, 1999 context of the unique circumstances 1987, Congress’s initial, but ultimately The PRESIDING OFFICER (Mr. that exist at individual national parks. limited, attempt to come to grips with KYL). The clerk will call the roll. In other words, an air tour manage- the overflights issue. S. 82 will finish Mr. SMITH of New Hampshire. Mr. ment plan for Yosemite in California where the 1987 act left off, providing President, I ask unanimous consent may differ significantly from a plan for the FAA and Park Service with the that the order for the quorum call be the Florida Everglades, in order to policy guidance and procedural mecha- rescinded. take into account differences in ter- nisms that are essential to balancing The PRESIDING OFFICER. Without rain, weather, types of resources to be the needs of air tour operators against objection, it is so ordered. protected, and other factors. What is the imperative to preserve and protect Mr. SMITH of New Hampshire. Mr. important about this bill is that it es- our natural resources. President, I ask unanimous consent to tablishes a uniform procedure, with The overflights provisions of this bill speak as in morning business for not to common regulatory elements, that will are the consequence of good faith ef- exceed 15 minutes. address overflight issues on a con- forts on the part of many groups and The PRESIDING OFFICER. Without sistent basis across the nation, while individuals. They include members of objection, it is so ordered. allowing for local variations. the National Parks Overflights Work- f I am pleased that this procedural ap- ing Group. whose consensus rec- THE PANAMA CANAL proach, in addition to requirements for ommendations form the underpinnings meaningful public consultation and a of this legislation; representatives of Mr. SMITH of New Hampshire. Mr. mechanism for promoting dialogue aviation and environmental advocacy President, there are a lot of things among diverse stakeholders, mirrors organizations such as Helicopter Asso- going on in the world. Sometimes there key elements of legislation—the Na- ciation International, the U.S. Air is so much going on that we forget tional Parks Airspace Management Tour Association, the National Parks some of the more important things. Act, cosponsored by my colleagues and Conservation Association, and the What I would like to do is to remind Senator INOUYE and Senator FRIST— Wilderness Society; and, officials of the my colleagues and the American people that I promoted in several previous FAA and Park Service. that, as of today, there are 88 more Congresses. From the Park Service, in particular, days before the United States of Amer- Title VI also reflects the hard-won I recognize Jackie Lowey, Wes Henry, ica loses its right to the Panama consensus developed by the National Marv Jensen, Sheridan Steele, Ken Canal. Parks Overflights Working Group, a Czarnowski, and Dave Emmerson, all of It is also interesting to point out group comprising industry, environ- whom worked directly on this legisla- that these little flags on this chart—in mental, and tribal representatives, tion. And I would be remiss if I did not case someone may not know what they which worked for many months to recognize the unsung contributions of are—are Communist Chinese flags. So I hammer out critical details embodied Ann Choiniere of the Commerce Com- am going to place another one over Oc- in the pending measure. mittee staff and Steve Oppermann, for- tober 4 and note that in 88 days the Adoption of this bill is essential if we merly of my staff and more recently a Chinese Communists are going to have are to address effectively the detri- consultant to the Park Service, who control over both ends of the Panama mental impacts of air tour activities spent countless hours shaping the de- Canal. on the National Park System. Air tour- tails in this bill. It is amazing to me that in the Presi- ism has significantly increased in the However, title VI is, above all, the dential debates—not formal debates last decade, nowhere more so than at product of the energy and vision of my but in the discussions of Presidential high profile units such as Grand Can- friend and colleague from Arizona, politics—we did not even hear anything yon, Great Smoky Mountains, as well Senator MCCAIN. As the author of the about this. Yet here we are, the nation as Haleakala and Hawaii Volcanoes na- 1987 National Parks Overflights Act, that is probably the largest threat to tional parks in my own State. A major Senator MCCAIN was the first to recog- the United States of America is now 1994 Park Service study indicated that nize the adverse impacts of air tours on going to control the Panama Canal and nearly 100 parks experienced adverse national parks, and the first to call for not a whimper comes from this admin- park impacts. That number has as- a national policy to address this prob- istration. suredly risen since then. Such growth lem. Since then, he has been relentless So I am going to be on the floor of has inevitably conflicted with attempts in his quest to impel progress on this the Senate almost every day I can—at to preserve the natural qualities and subject. For his leadership in writing least every day that is a business day— values that characterize many national the overflights provisions of this bill, to remind the American people and the parks, in some instances seriously. and for his decade-long fight to pre- administration that we are now going While air tour operators often pro- serve natural quiet in our national to allow the Communist Chinese flag to vide important emergency services, en- parks, Senator MCCAIN deserves the be hoisted over that canal, which we hance park access for special popu- lasting appreciation of all those who once controlled, which we, unfortu- lations such as the handicapped and el- believe in maintaining the integrity of nately, gave away during the Carter derly, and offer an important source of the National Park System. administration. income for local economies—notably Mr. President, in conclusion, I am The Panama Canal Treaty requires tourism-dependent areas such as Ha- pleased to have been involved in devel- the U.S., by the date of December 31, waii—unregulated overflights have the oping legislation that promotes avia- 1999, to relinquish its bases in Panama. potential to harm park ecologies, harm tion safety, enhances the viability of The Panama Canal—a monument to wildlife, and impair visitor enjoyment legitimate air tour operations, and pro- American engineering, American con- of the park experience. Unrestricted air tects national parks from the most struction, American ingenuity—is tour operations can also pose a safety egregious visual and noise intrusions among the world’s most strategic wa- hazard to air and ground visitors alike. by air tour helicopters and other air- terways and remains critical to U.S. The tragic crash of an air tour on the craft. Left unchecked, air tour activi- trade and national security. Big Island of Hawaii last week which ties can undermine the very qualities In case anybody is interested, the killed nine people, is a stark reminder and resources that give value to a United States has invested $32 billion of the dangers inherent in air travel. park, resources that must be protected of taxpayer dollars in that canal since It is therefore vital that we develop a at all costs. I believe that title VI of its inception. It remains a critical ar- clear, consistent national policy on the pending measure reasonably and tery for our Navy and Merchant Ma- this issue, one that equitably and ra- prudently balances these sometimes rine, with an estimated 200 Navy pas- tionally prioritizes the respective in- opposing considerations, and I urge my sages a year going through that canal. terest of the aviation and environ- colleagues to support this legislation. On December 31, the Communist Chi- mental communities. Congress and the Thank you, Mr. President. I yield the nese flag will control both ends of that administration have struggled to de- floor. canal. velop such a policy since enactment of Mr. President, I suggest the absence Mr. President, 15 to 20 percent of the National Parks Overflights Act of of a quorum. total U.S. exports and imports transit

VerDate 30-SEP-99 02:09 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.006 pfrm01 PsN: S04PT1 October 4, 1999 CONGRESSIONAL RECORD — SENATE S11849 the canal, including approximately 40 flights a year. By the approaching lion. Not a whimper. Nobody is talking percent of all grain exports. deadline, we will also have given up in about it, let alone doing anything Before the canal was constructed, the Panama Rodman Naval Station, the about it. Nobody cares. Where is the voyage around Cape Horn required 4 or Fort Sherman Jungle Operations administration? 5 months. The Colombian Government Training Center, and other important In addition to concerns about Chi- was assessing differential duties which facilities. nese objectives in securing Balboa and made transisthmian travel prohibitive, The Clinton administration was sup- Cristobal ports, Panama is in the front even under ordinary circumstances. posed to be working towards negoti- lines of the U.S. fight against Traveling the United States from ating an arrangement with Panama narcoterrorism principally exported by coast to coast took 8 or 9 months and that would have allowed for a the FARC, revolutionary armed forces sometimes fighting Indians. That was counterdrug center, but even that op- of Colombia, in Colombia. A week after how long ago. Today, that canal saves tion has fallen apart. In September, the closure of Howard Air Force Base, 8,000 miles and 2 weeks over the Cape administration announced the collapse heavily armed FARC members were Horn route. of 2 years of talks on a multinational interviewed in full combat regalia on Public opinion in the United States counternarcotics center. Panamanian television, operating in towards construction of a canal was More than 2 decades ago, then-Chair- Panamanian territory. galvanized by the voyage of the battle- man of the Joint Chiefs of Staff, Admi- U.S. Southern Command Chief, Gen- ship U.S.S. Oregon from the Pacific ral Thomas Moorer warned the Senate eral Charles Wilhelm, testifying before around Cape Horn, joining Admiral Foreign Relations Committee that the the Senate Foreign Relations Com- Sampson’s fleet in battle against the U.S. withdrawal from Panama would mittee in June, said Panamanian secu- Spanish fleet of Cuba in 1898. The Or- occasion a dangerous vacuum that rity forces were undermanned and ill equipped to deal with growing threats egon arrived just in time to engage in could be filled by hostile interests. His from Colombian guerrilla incursions the last naval battle of the Spanish- comments were very prophetic. and drug traffickers. Colombia is the American War, the Battle of Santiago. In 1996, while China was illegally se- source of an estimated 80 percent of the In Teddy Roosevelt’s first message to creting millions of dollars through con- world’s supply of cocaine and the Congress, he described the canal as the duits into the Clinton reelection cof- source of 75 percent of heroin seized in path to a global destiny for the United fers, it is alleged that it was simulta- the United States. The FARC is known States and said: neously funneling cash to the Panama- nian politicians to ensure that Chinese to have ties to the Russian mafia. That No single great work which remains to be canal will be a great opportunity for undertaken on this continent is of such con- front companies would control the them. sequence to the American people [as the Panama Canal. Public opinion polls in Panama indi- Panama Canal]. When is America going to wake up? cate that between 70 and 80 percent of When are the American people going to In 1918, Teddy Roosevelt warned the Panamanian people support an on- wake up? against internationalism of the canal: going U.S. security presence in their .. . we will protect it, and we will not per- Hutchison Whampoa, a Hong Kong company controlled by Chinese country. Alternative sites for mit our enemies to use it in war. In time of counterdrug operations, the so-called peace, all nations shall use it alike, but in operatives, will lease the U.S.-built time of war our interest at once becomes port facilities at Balboa, which handle FOLs, or forward operating locations, dominant. ocean commerce on the Pacific side, are expected to cost hundreds of mil- lions of dollars for infrastructure build- There has been lots of talk about the and Cristobal, which handle commerce ing and fees. We have no assurance potential perils of Y2K, which is also on the Atlantic side. A Hong Kong that even if we build the infrastruc- going to take place on January 1 or at company will control—remember, Hong ture, we can stay in the designated the end of this year. For me, the com- Kong is now part of the PRC. Its chair- FOLs for any extended time. plete transfer of the Panama Canal by man is Li Ka-shing, who has close ties Another issue that must be raised is to the Chinese Communist leaders and December 31 is the biggest Y2K chal- that of the corrupt and unfair bidding a de facto working relationship with lenge facing America, and the clock is process surrounding the 25-year-plus the People’s Liberation Army. Li is a ticking. There is the countdown—88 leasing arrangement, with an option board member of the Chinese Govern- days until we lose not only the canal for another 25 years, with Hutchison but the access, coming in and out of ment’s primary investment entity, Whampoa. The then-U.S. Ambassador that canal. CITIC, China International Trust & In- to Panama, William Hughes, protested This August, President Clinton vestment Corporation, run by PLA this corrupt bidding process, and Amer- awarded former President Jimmy arms trafficker and smuggler Wang ican and Japanese firms lost out be- Carter the Presidential Medal of Free- Jun. That is the Hong Kong company cause of the stacked deck. No help dom. Now the Carter foreign policy leg- that will control this canal in 88 days. from the administration. acy, the giveaway of the Panama Canal Insight magazine published an article Ambassador Hughes came close to and normalized relations with the maintaining that Li serves as a middle- being declared persona non grata for Communist People’s Republic of China, man for PLA business operations, in- protesting the rigged deal 3 years ago. has come full circle with ominous con- cluding financing some of the con- It should be noted that Hughes is now sequences. troversial Hughes and Loral deals parroting the administration’s line on Panama City’s deputy mayor, which transferred weapons technology Panama and the PRC. President Clin- Augusto Diaz, states: to the PRC. He has also been an ally of ton then appointed Robert Pastor, ar- If Red China gets control of the canal, it Indonesia’s Riady family and the Lippo chitect of the 1977 canal surrender. He will get control of the government. . . . The Group, so deeply implicated in the ille- appointed him, and Pastor’s nomina- Panama Canal is essential to China . . . if gal Chinese/Clinton fundraising scan- tion was blocked by Foreign Relations they control the Panama Canal, they control dal. Committee Chairman JESSE HELMS. at least one-third of world shipping. Hutchison Whampoa’s subsidiary Six U.S. Senators, in May 1997, Already the PRC is the largest goods runs the Panama Ports Company which charged in a letter to the Federal Mari- provider into Panama’s free zone, at $2 is 10-percent owned by Chinese Re- time Commission that there were billion a year. The People’s Republic of sources Enterprise. CRE was identified irregularities in the bidding process, China is the largest user of the canal, by the Senate Governmental Affairs which denied U.S. firms an equal right after the United States and Japan, Committee as a vehicle for espionage— to develop and operate terminals in with more than 200 COSCO ships alone economic, political, and military—for Panama. The Commission acknowl- transiting the waterway annually. China. Does anybody care? One of the edged that the port award process was The United States has already shut favorite expressions among preachers unorthodox and irregular by U.S. down its strategic Howard Air Force is: Hello. Does anybody care? Is any- standards. Base. Howard Air Force Base has also body listening? This is Communist In 1996, Panama asked a Seattle- served as the hub of counternarcotics China in the Panama Canal that we based company to withdraw a success- operations with 2,000 drug interdiction built, that we maintained, for $32 bil- ful bid for Cristobal—a successful bid—

VerDate 30-SEP-99 02:48 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.017 pfrm01 PsN: S04PT1 S11850 CONGRESSIONAL RECORD — SENATE October 4, 1999 on the grounds that it would give the company the right to pilot all vessels now to protect Panama and the com- U.S. firm a monopoly because of its ex- transiting the canal. Admiral Moorer mon security interests of the United isting business in Balboa. In 1997, Pan- warned the Senate last year that our States, to risk military intervention in ama gave the leasing deal to Hutchison Navy vessels could be put at risk since the future. Whampoa for both ports. With the in- Hutchison Whampoa has the right to Finally, a Pentagon spokesman has troduction of Hutchison Whampoa, deny passage to any ship interfering dismissed the notion that the United there follows real concern that Chinese with its business, including U.S. Navy States should even worry about Chi- organized criminal organizations in- ships. nese encroachment in Panama. Don’t volved in drug trafficking, guns, and It is of interest to note a 25-percent worry about it. According to an AP smuggling of illegal aliens will ensue. leap in immigration to Panama from story, Admiral CRAIG Quigley said: COSCO, mentioned earlier—another the PRC over the past few years—a 25- We have nothing to indicate that the Chi- Chinese-run firm that tried to lease the percent increase in immigration to nese have the slightest desire to somehow Long Beach Naval Shipyard—owned Panama from the PRC. Beijing has control the Panama Canal. .. . And we don’t used large-scale emigration as the consider this a security issue at all. It is a the ship which entered Oakland con- business issue. taining smuggled AK–47s intended for basis for future intelligence recruits, Hello. Is anybody listening out there the street gangs of Los Angeles. And with Panama a key target. Stanislav in the administration? What are we we almost had that firm in control of Lunev, a defector and former Soviet saying? Eighty-eight more days and the Long Beach Naval Shipyard. Two military intelligence colonel, claimed they will control both ends of it. But, Chinese intelligence succeeded because firms with ties to the PLA and the Chi- according to Quigley: nese Government were under Federal of their ability to exploit the vast emi- We have nothing to indicate that the Chi- investigation for the smuggling at- gration of Chinese to communities nese have the slightest desire to somehow tempt. While the U.S. Government is across the world. control the Panama Canal. .. . And we don’t equipped to deal with this type of Eighty-eight more days, Mr. Presi- consider this a security issue at all. It is a threat, Panama, with no standing dent. Eighty-eight more days. business issue. army, is not. The Congressional Research Service’s That is what he says: ‘‘It is a busi- The United States and Panama have August 1999 Issue Brief on China ad- ness issue.’’ Yes, it is a business issue security provisions in existing treaties dresses a Chinese immigrant scandal. all right—between the Chinese Govern- under which we could negotiate joint Panamanian visas were sold for as ment and Panama, to our detriment. security initiatives to address our com- much as $15,000 to Chinese citizens who There isn’t any private business in mon interests. would fly from Hong Kong to Costa China. It is all done by the Govern- Eighty-eight days, Mr. President. Rica, where smugglers would guide ment. That is business as usual in the Eighty-eight days. That is what we them through Central America and Clinton White House. This is a serious have left to get it done. Mexico into the United States. Then mistake that will in the future cost us The major obstacle appears to be an President Balladares fired his head of dearly in terms of our national secu- unwillingness of this administration to intelligence as a result of the scandal— rity. preserve a presence in Panama and a another issue which causes consterna- This is the same Red China that has tendency to downplay the significance tion among Americans with regard to labeled us their ‘‘No. 1 enemy;’’ the of Chinese acquisition of the twin Panama’s ability to deal with its China same China that has sought to steal all ports. problem. of our nuclear weapons secrets from The 1977 treaty gives the United If I could put it bluntly, this admin- our DOE labs; the same China that States the right to defend the Panama istration has dropped the ball big time. sought to buy the 1996 Presidential Canal with military force. The United The House Subcommittee on the West- election, and massacred students at States attached a condition, known as ern Hemisphere stated in March 1995 Tiananmen Square; the same China the DeConcini condition, which stated that over 80 percent of Panamanians which has committed genocide in Tibet that if the canal were closed, or its op- favor some sort of U.S. military pres- and which is supplying state sponsors erations interfered with, the United ence in their country. A September of terrorism in Iran, Libya, Syria, and States and Panama would have the 1997 poll found that 70 percent believe North Korea; the same China that has right to take steps necessary, including that some U.S. bases should remain provided missiles and other weapons of use of military force, to reopen the after the end of this year. mass destruction and technology to be canal or restore operations in the Eighty-eight more days. sent around the world; the same China canal. This modification was never More recently, a May 1998 poll that threatened a nuclear attack on ratified in Panama and met with pro- showed that 65 percent of Panamanians California and which has implied it test by the Torrijos regime. Panama’s support the concept of a multinational would use the neutron bomb against version of the treaty denies unilateral counterdrug center. Taiwan. defense rights to the United States. Despite public support—as high as Here is the flag right here. Eighty- Some believe that Panama and the three-fourths of the people in Panama eight more days. In 88 more days, it United States cloaked the differences wishing for the United States to stay will be hanging on a mast over that in order to avoid a Senate vote on the in some capacity—this administration canal. That is the flag. That is also the issue and a plebiscite in Panama. In appears wedded to an unconditional flag of a country to which, right here fact, the Senate turned back a series of pullout, an unconditional surrender to- in this Senate, a majority of my col- amendments that would have required ward a ‘‘cooling off’’ period that could leagues, I regret to say, said we should the treaties to be renegotiated and re- allow the PRC to consolidate a new provide most-favored-nation status. submitted to the Panamanians for an- strategic toehold in Panama. In conclusion, the United States other referendum. The Panama Canal Treaty was nego- should re-engage the new government The DeConcini condition, because it tiated between President Carter and of Moscoso on the issue of a continued was attached to the Neutrality Treaty, Panamanian dictator Omar Torrijos. It U.S. presence. General McCaffrey, the remains in force permanently. But as doesn’t reflect public opinion in Pan- drug czar, has shown a renewed inter- former Admiral and Joint Chiefs Chair- ama. It did not, arguably, reflect public est on what he now calls an emergency man Thomas Moorer noted, how does opinion in the United States. situation in Colombia, albeit several the ‘‘right’’ to go into the canal with When Operation Just Cause was years after the State Department and force compare to the advantage of de- launched in 1989, following the deaths the Clinton administration stalled, fensive bases that could prevent the of American soldiers and civilians in thwarted, and blocked congressional ef- takeover of the canal by an enemy? Panama, the United States intervened forts to assist Colombia’s antinarcotics A new Panamanian law gives this to safeguard American lives, to defend police in its fight against the FARC. company, Hutchison Whampoa, the democracy in Panama, to combat drug Despite these differences over tactics ‘‘first option’’ to take over the U.S. trafficking, and to protect the integ- in the drug war, McCaffrey stands out Naval Station Rodman and other sites. rity of the Panama Canal Treaty. It in the Clinton administration as some- Panamanian law also gives the Chinese would be a shame if, because we fail one who cares about the drug problem.

VerDate 30-SEP-99 02:09 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.020 pfrm01 PsN: S04PT1 October 4, 1999 CONGRESSIONAL RECORD — SENATE S11851 But this is bigger than drugs. This is Mr. FEINGOLD. Mr. President, I take further action on this amendment drugs—there is no question about it— thank the Senator from Washington. today. The Senator from Illinois may but it is also the national security of (The remarks of Mr. FEINGOLD per- have an amendment to this amend- the United States. taining to the introduction of S. 1636 ment. He may simply debate against We could also urge the new Panama- are located in today’s RECORD under and speak against the passage of this nian Government to conduct a ref- ‘‘Statements on Introduced Bills and amendment. He prefers to do that to- erendum on maintaining a U.S. pres- Joint Resolutions.’’) morrow. At least informally, I will un- ence. No one is talking to them about Mr. FEINGOLD. I yield the floor. dertake that it will be the first subject that. We could urge reopening of the I suggest the absence of a quorum. taken up tomorrow. I am not certain I bidding process to be more fair and eq- The PRESIDING OFFICER. The can give him absolute assurance of uitable, and to ensure that no hostile clerk will call the roll. that, but I believe it should be the first powers are permitted to bid. We are not The legislative assistant proceeded subject taken up tomorrow, the debate doing that either. to call the roll. to take place on it, and the positions of The canal was built at a tremendous Mr. GORTON. Madam President, I the Senator from Illinois presented. expense—$32 billion—and at the sac- ask unanimous consent that the order There are other Members of the body rifice of thousands of American lives. for the quorum call be rescinded. who may also wish to amend this amendment. This amendment is cen- What a pity, the good working rela- The PRESIDING OFFICER (Ms. COL- tral to this overall debate. Once we tionship that has developed between LINS). Without objection, it is so or- have completed action on this amend- Panama and the United States to be dered. ment, I suspect most of the other lost because of the ineptitude and in- f difference of people in the State De- amendments to the bill will require partment and the Defense Department AIR TRANSPORTATION much less time and will be much less of this administration. If this adminis- IMPROVEMENT ACT—Continued controversial. In any event, the background to the tration remains blind to the threat fac- Mr. GORTON. Madam President, I high density rule that is the central ing Panama, it is incumbent upon this now ask unanimous consent that the subject of this amendment is this: In Congress to make the case to the substitute amendment I presented ear- 1968, that is to say, 31 years ago, the American people, to the new govern- lier today be agreed to and be consid- Federal Aviation Administration es- ment in Panama, and to the Panama- ered as original text for the purpose of tablished a regulation to address seri- nian people. further amendment. ous congestion and delay problems at That is exactly what I intend to do The PRESIDING OFFICER. Is there five of the nation’s airports. That regu- on this floor every day that I can get objection? Without objection, it is so lation, known as the high density rule the time and the floor to do it between ordered. and implemented in 1969, governed the now and December 31. I am going to be The amendment (No. 1891) was agreed allocation of capacity at Chicago posting another flag each day to re- to. O’Hare, Washington National, and mind the American people that we are AMENDMENT NO. 1892 JFK, LaGuardia, and Newark airports getting closer and closer and closer to in the New York City area. Newark was the People’s Republic of China—Com- (Purpose: To consolidate and revise the pro- visions relating to slots and slot exemp- later exempted from the rule, so it now munist China—controlling both ends of tions at the 4 high-density airports) applies only to four airports. the Panama Canal—the country that The high density rule allocates ca- has trampled the rights of Tibetans, Mr. GORTON. Madam President, I now send an amendment to the desk pacity at the four airports by imposing that threatened to run over its peace- limits on the number of operations ful protesters with tanks, that has sto- for myself, for Mr. ROCKEFELLER, for Mr. GRASSLEY, for Mr. HARKIN, and for (takeoffs or landings) during certain len our nuclear secrets, that funneled periods of the day. The authority to money into our Presidential cam- Mr. ASHCROFT, and ask for its imme- diate consideration. conduct a single operation during those paigns, and purchased or stolen other periods is commonly referred to as a targeting devices to target our cities, The PRESIDING OFFICER. The clerk will report. ‘‘slot.’’ and, frankly, threatened the country of The Gorton/Rockfeller amendment Taiwan, and even threatened California The legislative assistant read as fol- lows: consolidates all of the negotiated if we step in. What do we do on the agreements to lift the high density Senate floor? Not only do we let them The Senator from Washington [Mr. GOR- rule, the slot rule, at Chicago O’Hare, TON], for himself, Mr. ROCKEFELLER, Mr. take the canal, but we also give them LaGuardia, and JFK, and to ease the most-favored-nation status. GRASSLEY, Mr. HARKIN, and Mr. ASHCROFT, proposes an amendment numbered 1892. high density rule and the perimeter At some point, the American people rule restrictions at Reagan National. are going to have to wake up. I don’t Mr. GORTON. Madam President, I With respect to Chicago O’Hare, the know when it is going to be. But I hope ask unanimous consent that reading of amendment would eliminate the high it is not too late. the amendment be dispensed with. density rule at O’Hare, effective April Mr. President, I yield the floor. The PRESIDING OFFICER. Without 1, 2003. f objection, it is so ordered. Regional jets and turboprops would (The text of the amendment is print- be exempt from slot requirements ef- ORDER OF PROCEDURE ed in today’s RECORD under ‘‘Amend- fective January 1, 2000, for service to The PRESIDING OFFICER. The Sen- ments Submitted.’’) airports with fewer than 2 million an- ator from Wisconsin. Mr. GORTON. Madam President, I nual enplanements. There are two addi- Mr. FEINGOLD. Mr. President, I ask am going to explain this amendment in tional conditions that would have to be unanimous consent to speak as if in some detail, as it has been the subject met before carriers could take advan- morning business for up to 20 minutes. of both long negotiations and much tage of this interim regional jet/turbo- Mr. GORTON. Mr. President, we are controversy internally in the Com- prop exemption. First, there could be trying to get moving on the FAA au- merce Committee in the almost 7 no more than one carrier already pro- thorization bill. Will the Senator from months since the Commerce Com- viding nonstop service to that airport Wisconsin agree to shorten his re- mittee bill was reported to the floor, from O’Hare. Second, the exemption marks, if we are ready to go? We are and today. would only be available for new service still trying to negotiate. I will say right now, for my friend in the market, such as when a carrier Mr. FEINGOLD. Mr. President, I and colleague from Illinois, after I is adding a frequency to the applicable would be happy to shorten my remarks have spoken on the amendment and market, or upgrading the aircraft that in the necessity to move forward. Senator ROCKEFELLER has made any re- provides its existing service in the Mr. GORTON. I thank the Senator marks on the amendment that he wish- market from a turboprop to a regional for his courtesy. I have no objection. es, at the reasonable request of the jet. The PRESIDING OFFICER. The Sen- Senator from Illinois, after any re- Regional jets would be defined as air- ator from Wisconsin. marks he wishes to make, we will not craft having between 30 and 50 seats.

VerDate 30-SEP-99 02:09 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.022 pfrm01 PsN: S04PT1 S11852 CONGRESSIONAL RECORD — SENATE October 4, 1999 Limited incumbent air carriers would ment would redefine limited incum- ently of the limits imposed by the high also be exempt from the slot require- bents as those carriers that hold or op- density rule. The Department report ments at O’Hare, effective January 1, erate 20 or fewer slots at a high density makes assurances that Air Traffic Con- 2000. The terms ‘‘new entrant’’ and airport. trol, ATC, will continue to apply these ‘‘limited incumbent’’ air carrier are The amendment would ease the cur- programs and procedures for ensuring often used interchangeably. Limited rent criteria that enable new entrant/ safety regardless of what happens to incumbent air carriers are currently limited incumbent air carriers to ac- the high density rule. defined as those carriers that hold or quire slot exemptions. The Department Many improvements have been made operate 12 or fewer slots at a high den- of Transportation is currently author- in infrastructure and air traffic man- sity airport. The Gorton/Rockefeller ized to grant these slot exemptions agement in the 30 years since the high amendment would redefine limited in- when to do so would be in the public in- density rule was first implemented, cumbents as those carriers that hold or terest, and when circumstances are ex- which should allow for additional oper- operate 20 or fewer slots at a high den- ceptional. On most occasions, DOT has ations without additional delays. sity airport. The limited incumbent interpreted the ‘‘exceptional cir- Improvements on the ground, includ- would be exempt from the high density cumstances’’ criterion to mean that ing high speed runway turnouts, addi- rule only if they were providing new there is no nonstop service in the route tional taxiways, and larger holding service, or service that they were not proposed to be served. In other words, areas at the ends of the runways allow already providing in a market DOT would grant an exemption only more efficient utilization of the gates The Department of Transportation when there is no service between the and ground facilities and thus increase would be required to monitor the city proposed to be served and the high the capacity at high density airports. flights that are operated without slots density airport. The amendment would Enroute, approach and departure air under the exemption from the high eliminate the ‘‘exceptional cir- traffic management improvements density rule. If a carrier was operating cumstances’’ criterion. have increased the air space capacity a flight that did not meet the specified The amendment would establish a 45- above high density airports. In 1968 there were no ‘‘flow control’’ criteria, the Department of Transpor- day turnaround for all slot exemption measures. Aircraft stacked up in the tation would be required to terminate applications submitted to the Depart- air rather than being planned and rout- ment of Transportation. If the Depart- the authority for that flight. ed for arrival. Modern ATC flow con- O’Hare is currently slot controlled ment does not act on the application trol has significantly increased the air- from 6:45 a.m. to 9:15 p.m. The amend- within 45 days, it would be deemed to space capacityu, while improving safe- ment would reduce the slot controlled be approved and consequently the car- ty. window at O’Hare from 2:45 p.m. to 8:15 rier could initiate the proposed service. Greater precision radar has decreased Carriers would be required to con- p.m., effective April 1, 2002. aircraft spacing requirements, thus in- International service to O’Hare tinue serving small hub and nonhub creasing capacity without sacrificing would be exempt from the slot require- airports where the carrier ‘‘provides air safety. Further improvements are ex- ments beginning April 1, 2000, except or transportation of passengers * * * on pected with the existing Global Posi- foreign carriers where reciprocal access or before the date of enactment’’ of the tioning System, GPS, Technology, al- to foreign airports for United States bill using slot exemptions. This period lowing for additional capacity in- carriers is not available. of required service at LaGuardia and creases. Carriers would be required to con- JFK would last until calendar year Future initiatives at Chicago’s tinue serving small hub and nonhub 2009. A carrier could get out from under O’Hare and New York’s LaGuardia and airports where the carrier ‘‘provides air these requirements it it could dem- JFK will permit growth without undue transportation of passengers . . . on or onstrate to DOT that it is losing operational delays. before the date of enactment’’ of the money on the route. Airspace redesign, essentially the re- bill using slot exemptions. This period Next Reagan National. The amend- thinking of the approach, departure of required service at O’Hare would last ment would establish 12 perimeter rule/ and routing of aircraft, was proven ef- until March 31, 2007. A carrier could get slot exemptions for service beyond the fective in a recent pilot project a Dal- out from under these requirements if it 1,250-mile perimeter. To qualify for be- las-Fort Worth. Redesign efforts are could demonstrate to DOT that it is yond-perimeter exemptions, the pro- currently underway for the Chicago losing money on the route. posed service would have to provide do- area and other airports. The amendment would terminate the mestic network benefits or increase Other FAA programs, such as RNAV high density rule at LaGuardia and competition by new entrant air car- (area navigation) and the National JFK, effective calendar year 2007. riers. Route Program, already in use in some Regional jets would be eligible for The amendment would establish 12 locations, will further enhance enroute slot exemptions for service to airports slot exemptions for service within the and terminal capacity. with fewer than two million annual perimeter. Carriers could only apply to Technology improvements such as enplanements. There are two addi- serve medium hubs or smaller airports digital data transfer between control- tional conditions that would have to be from Reagan National. lers and pilots, automation tools for met before carriers could get a regional The amendment would establish a 45- managing traffic flows, and precision jet slot exemption. First, there could day turnaround for all slot exemption location devices such as GPS will be no more than one carrier already and perimeter rule exemption applica- greatly increase capacity throughout providing nonstop service to that air- tions submitted to the Department of the national airspace system. port from LaGuardia or JFK. Second, Transportation. If the Department does The recent ATC problems were due in the exemption would only be available not act on the application within 45 part to the unique combination of ad- for new service in the market, such as days, it would be deemed to be ap- verse weather and the introduction of when a carrier is adding a frequency to proved and consequently the carrier new systems at key airports. The grad- the applicable market, or upgrading could initiate the proposed service. ual phaseout of the high density rule the aircraft that provides its existing On another subject, safety and will allow time to fix these problems, service in the market from a turbo- delays, the Department of Transpor- and for the growth in capacity to prop to a regional jet. tation concluded in a 1995 report enti- match the increased air traffic control Regional jets would be defined as air- tled, ‘‘Report to the Congress: A Study capability. craft having between 30 and 50 seats. of the High Density Rule’’, that chang- The amendment allows 7 years before Limited incumbent air carriers would ing the high density rule will not affect the slot rule is removed for the New also be eligible for slot exemptions at air safety. According to DOT, today’s York airports, and more than 3 years LaGuardia and JFK. Limited incum- sophisticated traffic management sys- for Chicago. This phaseout allows ade- bent air carriers are currently defined tem limits demand to operationally quate time for the FAA’s initiatives to as those carriers that hold or operate safe levels through a variety of air be in place. 12 or fewer slots at a high density air- traffic control programs and proce- Even if there is some increase in port. The Gorton/Rockefeller amend- dures that are implemented independ- delays, in both Chicago and New York,

VerDate 30-SEP-99 02:09 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.008 pfrm01 PsN: S04PT1 October 4, 1999 CONGRESSIONAL RECORD — SENATE S11853 competitive nearby airports such as It also is a fact that this was in the The new definition will give more Midway and Islip provide a natural original bill, and it was retained in the low-fare, new-entrant carriers access to safety valve. substitute. That speaks to something these major airports. Again, I go back Many new entrant carriers operating within the authorizing context. In to the philosophy of all of this that, point-to-point have found that using other words, people on the Commerce after all, we do have 15, 18 major air- nearby secondary airports is a profit- Committee overwhelmingly believed ports in the country, but fundamen- able way to offer service to major cit- this was a very important and fair tally we are a hub-and-spoke system. ies. If delays and the associated costs treatment. And the Presiding Officer and the jun- do increase in Chicago and New York’s We did not make the treatment of ior Senator from West Virginia come major airports, more operations will every airport exactly the same in from States that are spokes; we are not naturally move to these secondary air- terms of the phasing out of the high hubs. We never will be. We depend upon ports. density rule because not every airport carriers that are in the hubs coming Madam President, that is an expla- is the same. We did not do it as a col- out, as they compete in this most com- nation both of the details of this lection of our own air genius or mathe- petitive of all businesses—in our mar- amendment and the rationale for the matical equations; we did it because ket system—to compete for new pas- amendment. Again, in connection with the FAA advised us very carefully as to sengers. So they, in classic fashion, the bill as a whole, this represents the what we ought to do on that according have to increasingly come out into the level of partnership between Senator to their best calculations. The idea rural areas to draw passengers into ROCKEFELLER and myself, but as broad was, instead of gradually phasing out their hubs. There will be an amend- consultation and as much agonizing the high density rule altogether, to, ment about the nature of these hubs to discussion over the details as can pos- rather, establish some interim rules to attract them, so they can put them sibly be imagined under circumstances allow small communities—this is a into the bloodstream, so to speak, the on a subject so important. very important point—to allow small flow stream of their business. The PRESIDING OFFICER. The Sen- communities and to allow new entrants In my opening statement, when I ator from West Virginia is recognized. talked about the enormous increase in Mr. ROCKEFELLER. Madam Presi- to get a head start on this process. If you come from rural America and new regional jets which will be taking dent, I fully agree with my colleague if you believe in a competitive market from Washington. In fact, I have a place in the next number of years, that system, that becomes extremely im- whole series of pages about various is one of the reasons the number of States, various airports, various Sen- portant. Small communities do get a these regional jets will be increasing— ators, and the problems they had—and head start to add flights and fill capac- because they are being sent from hubs in one case may still have—with whom ity in this compromise which has been out to the smaller areas to pick up pas- we worked out agreements. This was a worked out. sengers, to bring them into the larger I have explained the Reagan Airport very arduous process. hub airports, and then going on to An airport is a very large employer situation. wherever they wish from there. when one is talking about the number The amendment, again, specifically One very important thing. I am not of planes that can fly in and fly out. protects service to small commu- sure the Senator from Washington said Every flight, in fact, represents two nities—which is of interest to many of this or not; he probably did, knowing slots, a landing and a takeoff. It was a us—under slot exemptions that were him. There is an important caveat for very controversial subject. This is previously granted by the Department any change in the high density rule. probably the most controversial sub- of Transportation. This is not just something the Con- ject, but we worked a long time to try It requires that airlines continue the gress has such power to decide that we to work this out. We did it, as the Sen- service until 4 years after the lifting of just abrogate or pretend the FAA does ator indicated, with an expedited re- the high density rule at O’Hare—until not have ultimate understanding of view process in certain places, we did it the year 2007—and 2 years after the what constitutes safety in a system. in good faith, we did it slowly, and we lifting of the high density rule at Ken- The FAA retains the ultimate au- did it over a period of time. We did it, nedy and LaGuardia for that purpose. thority for air traffic operations, and we thought, trying to accommodate as Understandably, some Members were they have the ability to step in because much as possible the needs of indi- very concerned. When we began to talk of safety or delay. They can intervene. vidual Senators who, quite naturally, about this, they were very worried it They can intervene when they think take these things particularly seri- would come off that the airlines, there- there is a problem or a crisis. And they ously. The Presiding Officer and I wish fore, would have no incentive to keep can do so on a unilateral basis. we had problems of this sort, but for any of their business in smaller com- In addition, I might add, both the those who do, it is a real problem. We munities or in smaller markets; that General Accounting Office and a num- recognized that, and we tried to deal they could simply pick up their slots ber of economists, over a lot of years, with it in a fair manner. and take them elsewhere. have pointed out that slot rules, in ef- First, I will not give the full expla- This amendment prevents them from fect, act as a major barrier to airline nation my colleague did, but I will say doing that. It prevents them from competition. That new entry at four it is carefully crafted, it is based on abandoning these markets unless, as airports—there are a lot of people who compromise, and it balances both the Senator GORTON indicated, they can cannot get into those airports because questions of congestion and of noise. prove to the Department of Transpor- of the slot rule. Again, the FAA would There are those who feel strongly tation—which will be under the major- have to maintain the sureness of safe- about both or one or the other in var- ity of this body, which is rural or part ty, and the rest of it, but you want peo- ious proportions. Obviously, all of rural in nature; a lot of pressure—that ple to be able to get in and out of air- them represent high-density airports, they are suffering, as they say, sub- ports. although it should be said there are a stantial losses on these routes. So that As to new technology, if we would lot more than four high-density air- is a clear effort to protect service for only make available the money, they ports. Atlanta, for example, is neck small communities, and that is some- have all kinds of new ways now of and neck with O’Hare in terms of its thing which I value very much. charting courses for airplanes, be they density, but is not included in the As Senator GORTON also explained, commercial or private, which allow a high-density treatment. this amendment expands the definition more efficient use of airspace, which I thought the handling of Reagan Na- of a ‘‘limited incumbent.’’ These car- we cannot now do because we do not tional was good because we went from riers are already serving one of the have the technology. Each computer in 48 slots to 24 slots; 12 outside the pe- four high-density airports, but do so all of these many centers across the rimeter and 12 inside the perimeter. with only a very few number of flights. country does not have the ability to That is good for the Presiding Officer This was of particular value to many of differentiate the altitudes or whatever and the present speaker because that our Midwestern colleagues. There are a some of the other details are that allow allows more entrants into National, whole series of them who, I think, are the plotting of air courses. So there is and that is desirable. quite happy as a result of this. room for more, and in not only the four

VerDate 30-SEP-99 02:09 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.010 pfrm01 PsN: S04PT1 S11854 CONGRESSIONAL RECORD — SENATE October 4, 1999 high-density airports but also gen- flights? How would you like to be com- The Senator from Washington [Mr. GOR- erally speaking. ing in 10 seconds behind the plane in TON], for himself and Mr. ROCKEFELLER, pro- Then, finally, this amendment does front of you with another flight 10 sec- poses an amendment numbered 1893. require noise studies. Noise is a factor. onds behind you? Would you feel safe Mr. GORTON. I ask unanimous con- Noise is not the only factor in life, but flying that jumbo jet in that compact sent that reading of the amendment be it is a factor. It gives priority to high- air space? dispensed with. density airports. There is the alloca- Going into O’Hare right now, one can The PRESIDING OFFICER. Without tion of money for those noise abate- look in every direction and see planes objection, it is so ordered. ment studies. lined up as far as the eye can see wait- (The text of the amendment is print- So I think it is a very good amend- ing to land at O’Hare. In the morning ed in today’s RECORD under ‘‘Amend- ment. It certainly is a long-worked-at hours at O’Hare, there are typically as ments Submitted.’’) amendment. I urge my colleagues to many as 100 flights waiting to take off. Mr. GORTON. Madam President, last join in the adoption of this amend- I hope the Members of this body will Friday, I joined my friend and col- ment. give thought to what we are doing. league, Senator ROCKEFELLER, in intro- I thank the Presiding Officer and With this lifting of the high density ducing S. 1682. This measure is the cul- yield the floor. rule, we are saying it is safe to cram mination of input from a broad range The PRESIDING OFFICER. The Sen- more flights into the most congested of aviation interests. Senator ROCKE- ator from Washington is recognized. airport in the country; that it is not FELLER and I have been holding a series Mr. GORTON. Madam President, does endangering the safety of the flying of meetings with industry representa- the Senator from Illinois wish to make public and that it won’t add delays. tives searching for input on how we can any remarks now or should we just go I never did take physics in high make a positive legislative impact on on to another subject? school. I have to admit it. I was a the current air traffic control system. Mr. FITZGERALD. Madam Presi- classics major. I majored in Latin and Three common themes emerged from dent, if I could just take a moment Greek. I took a lot of humanities these meetings: First, there will be a now, I say to the Senator from Wash- courses and my great interest was not crisis in the aviation industry if we ington, I would be happy to take my science. But I am going to be inter- continue to experience the delays that time tomorrow when we consider the ested to hear whether there is some plagued the system this summer. Sec- amendment on lifting the high density scientific evidence that we can keep ond, the Federal Aviation Administra- rule. But if I could just reiterate my packing more and more flights into the tion is doing a better job of responding opposition to lifting the high density most congested, dense, delay-filled, to these problems under Administrator rule. crowded air traffic space in the world. Garvey. The third point is, incremental The PRESIDING OFFICER. The Sen- I will be interested to learn why other changes are probably the best approach ator from Illinois is recognized. Members of this body think that is a to take in reforming the system, as Mr. FITZGERALD. As was noted ear- good policy and why it would be safe. much as the Senator from West Vir- lier, the FAA imposed the high density With that, I look forward to being af- ginia and I might very well prefer a rule back in the late 1960s. It was an in- forded the opportunity to speak on this more drastic reform. ternal FAA rule. I guess I am a little matter tomorrow. I thank the distin- The amendment we have just intro- perplexed as to why Congress would guished Senators from West Virginia duced is the text of that S. 1682. come in and rewrite, with statute, an and the State of Washington for confer- Madam President, by now I am sure FAA rule. ring with me this afternoon. I look for- you have heard the analogy that fixing If the FAA thinks it is a good idea to ward to being given the time to address the air traffic control system is similar lift the slot rules at O’Hare, if they this matter to the full Senate body to- to trying to change a flat tire while think it is safe to do that, they are morrow. Hopefully, at that time, more traveling down the highway at 60 miles confident it will not add to any delays of my colleagues will have arrived, per hour. While I don’t view the prob- at the most congested, most delay- many of whom will have passed lem as being that daunting, I certainly filled airport in the country, then the through O’Hare and probably some, think we can use a few good mechanics FAA can go in and do that. So I guess quite a few, who will have incurred to help get the FAA back on the right the threshold issue is, I am perplexed delays on their way passing through track. I think the legislation Senator why we would come in and write a stat- O’Hare. ROCKEFELLER and I have introduced is ute that overrides a Federal Aviation I thank the Chair and yield the floor. a step in the right direction. While I Administration rule. The PRESIDING OFFICER. The Sen- am in favor of an end result that goes I do believe, while the proponents of ator from Washington. much further, positive action is need- this proposal have good intentions; Mr. GORTON. Madam President, I ed. At this time, we cannot let the per- they would like to increase competi- ask unanimous consent that all first- fect be the enemy of the good. tion and access to the Chicago market; degree amendments to S. 82 be filed at Our approach would attack the prob- and certainly it could be argued that the desk by 10 a.m. tomorrow, Tuesday, lem from the management side. It is no would benefit the whole Nation and with all other provisions of the consent secret that the FAA has a history of could even benefit Chicago—a basic law agreement of September 30 still in ef- problems controlling costs and sched- of physics says that you cannot have fect. This has been cleared on all sides. ules on large-scale projects. We hope two objects occupying the same space The PRESIDING OFFICER. Is there the creation of the chief operating offi- at one time. objection? Without objection, it is so cer position, with responsibility for Right now, O’Hare, which has over ordered. running and modernizing our air traffic 900,000 operations a year, is already at AMENDMENT NO. 1893 control system, will inject the nec- capacity. The FAA commissioned a (Purpose: To amend title 49, United States essary discipline into that system. S. study in 1995. That study concluded Code, to authorize management reforms of 1682, the current amendment, would that the absolute maximum number of the Federal Aviation Administration, and also create a subcommittee of the Man- flights or operations one could have at for other purposes) agement Advisory Committee to over- O’Hare in an hour was 158. Today, we Mr. GORTON. Madam President, I see air traffic control services. Of are at 163 operations at O’Hare in an send an amendment to the desk for course, in order for there to be a sub- hour. This proposal before the Senate Senator ROCKEFELLER and myself, and committee of the MAC, we must first is to lift any restrictions at all. I ask unanimous consent that the have an MAC. I am assured by the FAA A flight lands and takes off every 20 pending amendment be set aside so we that the Management Advisory Com- seconds at O’Hare. If we want to cram may consider this one. mittee will be appointed soon. Let me more flights into O’Hare International The PRESIDING OFFICER. Without assure you that this subcommittee Airport, are we going to close that 20 objection, it is so ordered. The clerk chairman will not look favorably on seconds that divides each flight going will report the amendment. any further delays on this question. in and out of O’Hare? What is a safe The legislative assistant read as fol- As we prepare to move into the 21st amount of time? Ten seconds between lows: century, the NAS must be prepared to

VerDate 30-SEP-99 02:09 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.027 pfrm01 PsN: S04PT1 October 4, 1999 CONGRESSIONAL RECORD — SENATE S11855 meet the challenges of increasing de- lected, $50 million per project, with a you can buy 1 year from now, 2 years mand on an already strained system. A total cap of $500 million. FAA seed from now, 3 years from now, so you can blueprint for this system should be a money will be leveraged, along with begin to prepare for that. We in this top priority for the FAA. S. 1682, this money and input from the airports and Congress, have specialized in declining amendment, authorizes $12 million a airlines, more quickly to purchase and to make that ability available to the year for the FAA to develop a long- field ATC modernization equipment. A people who fly 2 million of our people term plan to provide direction. The portion of the passenger facility around every day. So what Senator most radical portion of this bill and charge, 25 cents, could also be used for GORTON and I have done today is not to the amendment deal with an innova- financing. offer, as he indicated, dramatic reform tive financing pilot project. This provi- That is a brief explanation of the bill or restructuring of the FAA, because sion would set up a mechanism to es- and, of course, of this amendment. The we know there is a lot to be worked tablish public-private joint ventures to Senator from West Virginia and I be- through, that it would be premature to purchase air traffic control equipment. lieve we will probably be able to accept do that today. Ten projects for ATC modernization this amendment by a voice vote tomor- In fact, on the floor of this body and equipment will be selected, $5 million row. But we do want it before the body in the Halls of this Congress, there is per project, with a total cap of $500 at the present time, so that if anybody very little discussion, if any, on what million. FAA seed money would be le- has any questions about it or about ought to be discussed at great length veraged, along with money and input any of the provisions of the amend- about the FAA—about equipment, from the airports and airlines, more ment, they may contact us before the about computers, about what is the quickly to purchase and field ATC proposal comes back up tomorrow. My state of stress, or lack of stress, for the modernization equipment. present intention would be to bring people who are in our towers, whom As I stated earlier, this is not the this up for discussion and vote after we both the Senator from Washington and final solution to our air traffic control have disposed of the early amendment I have visited. system woes. We hope, however, that on slots and any amendments to that So we are trying to decide how best this will be the first step in a long jour- amendment. to proceed on FAA restructuring, and ney to ensure Americans continue to The PRESIDING OFFICER. The Sen- we have decided to try to get as much enjoy the safest, most efficient avia- ator from West Virginia is recognized. consensus from the Congress and indus- tion system in the world. I urge my Mr. ROCKEFELLER. Madam Presi- try and across the Nation as we can. colleagues to join me in support of this dent, I agree with everything my col- Now, some believe we should create an amendment. league from Washington has said. I independent FAA, a privatized FAA. An oversight committee for air traf- should say that he and I began working Some believe we should privatize air fic control: The bill and the amend- on this amendment in earnest a num- traffic altogether. Some believe user ment provide the FAA Administrator ber of months ago when we were in the fee funding is the key to improving ef- with authority to create a sub- midst of the summer and the headlines ficiency. Some believe the FAA is slow committee of the current Management were full of all the problems of the air and cumbersome because it is a Fed- Advisory Committee, a 15-member traffic control system, which were be- eral agency. And some believe they are panel appointed by the President, with coming manifest to anybody reading a kind of on the right track already, so the advice and consent of the Senate, newspaper, watching television, or lis- why intervene—again, no catastrophic to oversee air traffic control services. tening to the radio. actions. A COO for air traffic: The bill and the When I use the word ‘‘troubled’’ to In any event, despite the fact that we amendment create a new chief oper- describe our air traffic system, I need are not ready to enact—Senator GOR- ating officer position with responsi- to be very careful and clear because the TON and I—a so-called big-bang solu- bility for running and modernizing air FAA, our air traffic controllers, the pi- tion, in no way is there reason to do traffic control services, developing and lots, and flight attendants in this coun- nothing. It is to take steps to make air implementing strategic and oper- try have had an air safety record that traffic control next year better than ational plans, and the budget for air is extraordinary. It is not only safe but this year or next year for the FAA to traffic services. The COO reports to and it is a very secure air traffic operation. be better than this year. It is clear serves at the pleasure of the Adminis- So people say: Fine. Then why worry that the FAA needs interim reform and trator for a 5-year term. Compensation about the future? interim direction and encouragement. is comparable to the Administrator’s As I explained in my opening state- So as the Senator indicated, we are of- but with the possibility of up to a 50- ment, the future is going to bring dou- fering a package of incremental re- percent performance bonus at the dis- ble, or triple, or quadruple virtually ev- forms that will, in a sense, send the cretion of the Administrator. erything—whether it is air cargo, let- FAA both the tools and the message to Performance bonus for the FAA Ad- ters, passengers, numbers of aircraft, improve current management and oper- ministrator: The bill and the amend- international traffic, and the rest of it. ation of the system without prejudging ment provide a performance bonus for Let me assure my colleagues that the what the final long-term broad change the FAA Administrator at the discre- word ‘‘troubled’’ is not about safety, might be. tion of the Secretary of Transportation although we always have to keep our The Air Traffic Improvement Act of of up to 50 percent of the Administra- eye on that, but it is about produc- 1999 is focused in two key areas, as my tor’s salary. tivity, about capacity, about effi- colleague discussed. The first is inter- National Airspace Review and Rede- ciency, about outdated equipment, nal FAA management reforms, and the sign: The bill and the amendment man- about insufficient runways, and insuffi- second is modernization of equipment date a review and redesign of the entire cient runways that are insufficiently and technology. Both are enormously country’s airspace. They authorize $12 distant from one another; if there hap- important. On the management side, million per year to carry out the pen to be two, or if they happen to be the bill builds on reforms enacted in project, require industry and State parallel, you can’t use them efficiently 1996. It uses the management advisory input, and impose periodic reporting. to land two airplanes at the same time. committee, or MAC as it is called, Cost allocation milestones report: It is about surging traffic demand, which I will have to say the adminis- The bill and the amendment require about fractured organizational struc- tration has not set records in putting the FAA to provide a report on the ture, and it is about us in the Congress; in place, i.e., they have not. But they progress it is making on the cost allo- it is about a highly unpredictable, have said they are going to send the cation system. highly irregular process of funding. nominations for it very soon and des- ATC joint venture: The bill and the Funding the FAA and its air traffic ignate a subcommittee to advise and amendment set up a mechanism to es- control operation is not at all unlike oversee air traffic control services. tablish public-private joint ventures to running IBM or Dell Computer. You We create in this amendment a chief purchase air traffic control equipment. are meant to have a business plan, a 5- operating officer position, and that is Ten projects for air traffic control year outlay of budget, and you are very important. There isn’t any cor- modernization equipment will be se- meant to know what kind of equipment poration of any size that doesn’t have

VerDate 30-SEP-99 02:09 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.030 pfrm01 PsN: S04PT1 S11856 CONGRESSIONAL RECORD — SENATE October 4, 1999 that kind of person. You have the per- don’t have a lot of flights at 5 o’clock nationwide basis. Are we using it effec- son who runs it, the CEO, and you or 8 o’clock in West Virginia. The point tively? Are there more creative ways of might have the chief financial officer, was made in clear logic that these are routing a plane safely? You can do that but you always have a chief operating planes that are flying over the State of if you have new technology. They have officer. We don’t. The FAA has 55,000 West Virginia and perhaps the State of the technology at Herndon, VA. But do people for whom it is responsible. That Maine in the process. they have it in all of the air traffic is a very large corporation. We believe In any event, I believe in the idea, control centers across this country? that, together, the chief operating offi- when you have a system that is com- The answer is no, they don’t. Until cer and the ATC Subcommittee will plicated requiring that much tech- they do, that is going to be hard. have central responsibility for running nology, requiring that much efficiency, But Senator GORTON and I have an and modernizing air traffic control, de- and requiring planning, that you get obligation to push, to push the Con- veloping a strategic plan, and imple- and you retain the best people possible. gress and to push the Senate to want to menting it. That means, in my judgment, and in focus on these problems: one, to care I personally have enormous respect Senator GORTON’s judgment, the possi- about these problems; and, second, to for the FAA and believe in and trust in bility of a performance bonus for the do something about this. the judgment, instincts, and actions of chief operating officer and the FAA Ad- We have 29 million miles of national our Administrator, Jane Garvey. I ministrator. airspace. I don’t know how many times think she is absolutely first class. I The bill also makes clear that the that is around the world, but it is a lot. have spent a lot of time with her and Administrator should use her full au- Twenty-nine million miles of airspace talked a lot with her. She ran Boston thority to make organizational is an incredible amount. It is divided airport. If you run Boston airport, you changes to improve the efficiency of into more than 700 individually man- know what you are doing. She knows the system and the effectiveness of the aged sectors. There are 25,000 of the what she is doing. She has a strategic agency. That is kind of a bland sen- 50,000 employees that I mentioned who way of thinking. She listens a lot. She tence, but within it is a lot of power. use 575 facilities that run these individ- is around the country visiting people a It is a little bit similar to HCFA. I ually managed sectors. And the air great deal. We are very lucky to have have dealt now with I don’t know how traffic control system manages 55,000 her. But putting together a budget for many HCFA Administrators. But they flights and almost 2 million passengers air traffic services is very important all say: Just give me four or five good every day. That is an enormous man- and calls for a chief operating officer. lieutenants and I will be able to con- agement problem. In fact, it is quite a Having said that, let me say the Ad- trol this agency. They all failed be- lot more difficult, I would think, than ministrator will continue to always cause there are 4,000 health care ex- running Dell Computers or running have the final say and always the ac- perts in HCFA who look upon each countability for air traffic. This is not IBM. Yes, they are international oper- HCFA Administrator as somebody who a dilution of responsibility; it is simply ations. I am talking about their na- is going to be there for 2 years, and making an organization more efficient, tional operations. There is so much they are usually right; and be gone with no dilution of responsibility for more at stake. The life, the safety, the within 2 years, and they are usually the Administrator. We have to make economy, and the convenience of pas- right; that they will be there forever, sure we can attract and maintain the sengers is what is at stake. There is so and they are usually right. They know highest caliber leadership in our sys- much more at stake in arranging for tem. Again, I make the comparison to about health care. But they choose not the planes to be flown safely and prop- IBM or Dell Computer, which are very to make decisions rapidly or effi- erly. large corporations. Public service does ciently. That means the Administrator Having said all of this, of course, I not pay very well. and the chief operating officer, if we add on, as I always should, that the ca- Senator GORTON and I believe it is have one, need to have a lot more au- pacity is going to double in the next very important that we have the high- thority in a sense to shake up the sys- decade. We are looking at an ever in- est caliber and that we retain the high- tem. creasing problem. The FAA has already est caliber leadership in running our Senator GORTON and I would encour- begun to redesign the process. They are system. That means including the pos- age that because we think that effi- not sitting around. They are working sibility of a performance bonus for the ciency within the system is tremen- hard. They have established a dedi- chief operating officer and for the FAA dously important. We set deadlines. We cated airspace redesign office. Administrator at the discretion of the set milestones. We can’t tell you right Thanks to Senator LAUTENBERG, they Secretary of Transportation. That is a now in this country how much it costs received $3 million last year to get very important point. Some people will for an airplane to fly from Boston, MA, started with the redesign work in the say: Oh, that is going to be more sal- to Dallas, TX. Ask us that question. New York airspace. That in itself is a ary. Ask the FAA that question. How much national service because it is far and Again, I remind you that there are does it cost? What is the cost of that away the most congested airspace in 50,000 people, 2 million passengers, and flight? Nobody can give you an answer. the Nation. Is $3 million going to do all of these airplanes going all over the That is inexcusable. This is one of the that even for the New York area? No, country. I have a chart, which I will things that has to be done. It is one of but again, it is a start. It is not the Big not hold up because I don’t believe in the things that the FAA desperately Bang theory. But $3 million is enough displaying charts on the Senate floor. I wants to be able to do. What does it to get going. Once you start moving, never have, and I hope I never do. But cost to run the air traffic control sys- then people start taking a little bit if I did, I would show you a chart which tem in order to allow that flight to more notice. is basically the entire United States take place? We need to know those an- We need a nationwide approach to colored in red. The red is made up of swers so we can allocate these costs this problem—not just in New York but very fine, little red lines, each one rep- fairly among users. across the country—rather than doing resenting a flight. At a specific hour of That is a very important principle. it on a piecemeal basis, especially since a specific day—if you pick, for exam- Not all airlines are the same. Not all segmented thinking is considered by ple, 5 o’clock in the morning, I am not airlines use the same approaches or many, in fact, to be a part of the prob- one who would eagerly seek the oppor- have the same number of people or lem; that we do things by chunks or tunity to fly at 5 o’clock in the morn- charge the same. There are differences segments of the country rather than ing, but there are many Americans who in what they pay. Their obligations to thinking of the country as a whole and do—if you look even at the west coast, the system, in terms of financial input, how we can best provide a safe air car- it is colored red. If you look at 8 have to be based upon what their costs rier service for people, for packages, o’clock in the morning, you might as are. Therefore, we need to know what for letters, and the rest of it. well forget anything in the country those costs are. The amendment we have offered other than the color red. With respect to air traffic moderniza- would do all of this. That makes me I raise the suspicion that they must tion, the bill calls for a comprehensive happy. It makes me feel that it is a have left out West Virginia because we review and design of our airspace on a very good amendment.

VerDate 30-SEP-99 02:09 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.033 pfrm01 PsN: S04PT1 October 4, 1999 CONGRESSIONAL RECORD — SENATE S11857 We direct the FAA to engage in com- ports can use a portion of their pas- I am glad we are able to make a prehensive nationwide space redesign. senger facility charge to meet the com- strong, tangible commitment to the We insist that there be industry and mitment. I think that will be very im- needs of the system. I think these prob- stakeholder input. Stakeholder is not portant. lems are all shared. We all bear some shareholder necessarily. Stakeholder I am sure the Senator from Wash- responsibility for them. We all need to means people who ride on these air- ington remembers, I got in great trou- step up to the plate to fix them. The planes. And we give them the resources ble on this side of the aisle. I talked FAA does a very commendable job with they need to complete the work in a with Jane Garvey, Liddy Dole, and oth- a very difficult task. They have a ter- timely fashion. ers. They said they spent 25 percent of rific safety record to show for it. I To realize the full potential of an air- their time as FAA Administrators don’t want to press their luck, ours, or space redesign, we have to have all of working solely on concessionaire prob- the system’s. The system, as it stands the advanced air traffic control equip- lems and negotiation problems at Dul- now, is not working as well as it could ment in place. Of course, we don’t. We les and National. If that was an exag- be or as it ought to be. We can’t wait are very slow in that today, partly be- geration, give them 5 percent. That is to do something about it. cause of the technology development when I broke away from our pack and I yield the floor. and procurement problems the FAA said set up an independent, quasi- Mr. GORTON. Madam President, we needs to fix internally. We talk a lot public-private authority and let Na- have now a unanimous consent agree- with Jane Garvey about that. She is tional and Dulles go to the bond mar- ment pursuant to which all amend- acutely aware of that and has been ket; they will certainly get triple-A ments must be filed by 10 a.m. tomor- working to change that. It is partly be- rating. They certainly did. We can see row. We appreciate the managers being cause of the vagaries of Congress; that what happened to both airports. Dulles apprised of those amendments to deter- is, the Federal budget process. We are will have to do it all over again be- mine whether or not we can agree with impossible. We have been through so cause they are so successful. some of them, unchanged or with modi- That is what an airport needs to be- many extensions of a couple of months. fications. We will probably go back to lieve they can do. If an airline and its It is like we are going out of our way the fundamental amendment on slots hub airport want new instrument land- to drive the whole process of this plan- to which the Senator from Illinois has ing equipment, six more precision run- ning and the FAA crazy. objected and to which at least one Sen- way monitors, and aren’t on the FAA’s That is why Senator GORTON and I ator from Virginia, if not other Sen- list for that equipment or are still are so glad we have these 2 days, hope- ators, have amendments to propose years away on the funding schedule, fully, to even discuss this. A month first thing tomorrow when we return to maybe they will decide to get together and a half ago I wouldn’t have bet that this bill. with the ATM Association on the pro- we would even be able to take this up If, however, there are amendments posal, the FAA will put up seed money this year. And we are. That is a gift to that can be agreed to relatively quick- and the airports will do the same. They the nation, I think. ly, we may do that later on this go to the bond market, get financing If we can’t bring it up, then the FAA evening after the votes at 5:30. for the whole project, and use 25 obviously cannot make budget We will not debate either the Depart- cents—the PFC charge—to pay for it changes. We are on our way. Our ment of Transportation appropriations over 5 or 10 years. That is a great idea. amendment puts in place what Senator bill or nominations, so Members can I am excited about this approach as I come with amendments to this bill GORTON referred to earlier, a new fi- am sure is obvious. We have only heard nancing mechanism. This is a creative, until 5:30 this afternoon. If they do, we positive feedback from all parties—the will attempt to deal with them. If they good thing in this amendment. It is for industry and the airport community. more rapid purchase of sought-after air don’t, we will begin tomorrow. I know They say, given the change, they are the leadership and certainly the man- traffic control equipment. The amend- ready to go if we pass the amendment. agers of the bill want to finish this bill ment sets up a pilot program to facili- Finally, the Air Traffic Management some time tomorrow. tate public-private joint ventures for Improvement Act also includes author- the purpose of buying air traffic con- I suggest the absence of a quorum. ization up to $100 million to speed up The PRESIDING OFFICER. The trol equipment. It is not for profit. It is purchases and fielding of moderniza- the Air Traffic Modernization Associa- clerk will call the roll. tion equipment and technologies. I am The bill clerk proceeded to call the tion. It is a three-member executive happy to note we have dropped that panel representing the FAA, commer- roll. provision because of the agreement Mr. BAUCUS. Madam President, I cial carriers, and primary airports. reached with the majority—thank you ask unanimous consent that the order A lot of airports are very aggressive. to the majority—to increase authoriza- I suspect there are several in the State for the quorum call be rescinded. tion for FAA equipment and facilities The PRESIDING OFFICER. Without of Maine that want to get going and by $500 million annually. objection, it is so ordered. are being held up. Maybe they have a We are on the move if we pass this. Mr. BAUCUS. Madam President, little bit set aside. Perhaps they want Over time, we will have to spend even what is the pending business? to use some of their passenger service more of our Federal dollars on air traf- The PRESIDING OFFICER. The fee. Maybe they want to take 25 cents fic control and modernization effort. I pending question is amendment No. of that and leverage it into a rather know we will be considering some ideas 1893 offered by the Senator from Wash- large purchase for some air traffic con- for solving FAA’s budgetary problems ington, Mr. GORTON, for himself, Sen- trol equipment which, in their judg- when we go to conference. ator ROCKEFELLER, and others. ment, they need. This allows them to I—and I suspect I differ with my Mr. BAUCUS. I ask unanimous con- do that. Don’t wait for the priority list friend and colleague across the aisle sent that the pending amendment be to come to Bangor, ME, or Charleston, from me—am supportive of Congress- temporarily laid aside. WV. If they have the gumption, they man SHUSTER’s idea of off-budget. I The PRESIDING OFFICER. Without can save up or they can use part of the don’t think we can mess around with objection, it is so ordered. passenger service fee, say, 25 cents of this situation; it is fraught with dan- AMENDMENT NO. 1898 it, and leverage it and buy modern ger, and catastrophe is around the cor- (Purpose: To require the reporting of the rea- equipment and jump ahead of the pack. ner if we are not willing to spend the sons for delays or cancellations in air That is what this is about. money we need to spend. We did it with flights) Obviously, the FAA will continue to the highway trust fund. We can put up Mr. BAUCUS. Madam President, I oversee that process. This will not be a firewall, do it off-budget. There are send an amendment to the desk and just a creative exercise by a few happy ways to do it. A person can go to some ask for its immediate consideration. souls. All projects would have to be of the air traffic control facilities and The PRESIDING OFFICER. The part of the FAA’s capital plan. There is see what they are doing, see the stress clerk will report the amendment. a cap of $50 million in FAA funding per under which they are working. We have The bill clerk read as follows: project. That is pretty good. Most 2 million people in the air, and we want The Senator from Montana [Mr. BAUCUS] won’t use that much. Sponsoring air- them to be safe. proposes an amendment numbered 1898.

VerDate 30-SEP-99 02:09 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.035 pfrm01 PsN: S04PT1 S11858 CONGRESSIONAL RECORD — SENATE October 4, 1999 Mr. BAUCUS. Madam President, I these economic delays or cancellations and then drive or make some other ask unanimous consent that reading of occur, it’s usually rural America that connection. That is not uncommon. the amendment be dispensed with. gets the short end of the stick. Further into this article, a Delta The PRESIDING OFFICER. Without This is no secret. Domestic airlines agent from Salt Lake states: objection, it is so ordered. sometimes have delays not only for If we have 40 people waiting for a flight for The amendment is as follows: mechanical reasons, not only for rea- Billings and 120 waiting to go to San Fran- At the appropriate place, insert the fol- sons caused by air traffic controllers, cisco, it’s a no-brainer. . . . It costs less for lowing new section: not only for weather reasons, but for us to put 30 people up and send them on to Billings than it does to send 100 California- SEC. . REPORTING OF REASONS FOR DELAYS OR purely economic reasons. They do not CANCELLATIONS IN AIR FLIGHTS. want that plane to go because it is not bound people to a hotel. In addition to the information required to filled up enough; it is not economical It is economics. That is wrong. That be included in each report filed with the Of- enough. The airlines do not have to tell is not fair. That is not right. If flights fice of Airline Information of the Depart- are canceled for economic reasons, pas- ment of Transportation under section 234.4 of you that. I have the headline of an article writ- sengers deserve to know the truth. title 14, Code of Federal Regulations (as in Let’s not fool ourselves. This is not effect on the date of enactment of this Act), ten by Christene Meyers from the front each air carrier subject to the reporting re- page of the Billings Gazette last week. just an inconvenience for rural Amer- quirement shall specify the reasons for The headline reads: ‘‘Enduring Plane ica; it is much more than an inconven- delays or cancellations in all air flights to Misery, Montana Air Passengers Often ience. There is also a very direct, and from all airports for which the carrier Grounded by Economics.’’ strong economic impact. provides service during the period covered by Let me read you a hypothetical situ- As my home State of Montana, my the report. ation from the article, a situation that neighbors in North and South Dakota Mr. BAUCUS. Madam President, I am is not so hypothetical and is happening and Wyoming and Idaho can attest, offering today an amendment to ad- with increasing frequency: what business is going to relocate to an dress what I believe is a complicated You fly out of Los Angeles at 6:10 p.m., ar- area where flight service is not reli- and growing problem for all Ameri- riving at Salt Lake City at 9 p.m., a minute able? It is a very basic question. There cans—flight delays and flight cancella- earlier than estimated. You are delighted is a pretty obvious answer. Businesses tions. and hurry to your gate, to catch the last around the country are going to think The problem is not that delays and flight to Billings. twice if reliable flight service cannot cancellations occur. Of course they do. It happens all the time. be guaranteed. That is only natural. But with dif- You watch, astonished, as the Billings There are delays and cancellations in ferent weather conditions, and with the plane is moved from the gate. You’re told other parts of the country, but here is country as large and complicated as it that your flight is canceled. You’re told that the difference. In other parts of the is, and airlines trying to maintain a your plane has a mechanical problem. country, in urban parts of the country, tight schedule, it is only obvious that How often have we heard ‘‘mechan- there are other flights, there are other schedule can sometimes be deeply af- ical problems’’ given to us by the air- airlines; not so for Montana, for the fected—by weather or equipment prob- lines as the problem? Dakotas, and for Wyoming. There are lems—so we must expect occasional Further investigation discloses that the not that many daily flights, and be- delays and occasional cancellations. ‘‘mechanical problem’’ business was untrue. cause the flights have less economic Right now, it is always a mystery Truth is your perfectly functional plane was benefit, airlines often cancel flights for why these delays and cancellations appropriated for a larger market. There were economic reasons; and it is not right. fewer people going to Billings than going to happen. We can guess. We can conjec- San Diego. You overnight from Salt Lake Montana ranks near the bottom of ture. Perhaps it is because of weather. City and arrive the next day in Billings—121⁄2 per capita individual income right now. Perhaps it is because of mechanical hours late. I am not saying it is because of air- problems. Perhaps it is the fault of air That is if you are lucky because very lines, but I am saying it is a factor traffic controllers. There are lots of often the next plane is booked; the which tends to discourage businesses reasons. But nobody knows—at least next flight after that is booked; the from locating or expanding in Mon- the public does not know—precisely next flight after that is booked; the tana. How can we improve if we cannot the reasons for these delays and for next flight after that is booked. guarantee a minimum standard of these cancellations. I am not giving you isolated in- quality air service? This is not just a Why is that? It is very simple. The stances; this happens often in Mon- matter of inconvenience; it is a matter airlines do not have to tell you. There tana. Montana depends primarily on of jobs. It is a matter of income. is no requirement. So when you are two major carriers. When a flight is My amendment simply requires that stuck in an airport in the middle of the canceled or excessively delayed, there airlines provide all flight information night, the airlines might let you know are big consequences. That flight may that they currently report and specify what is going on or they might not tell have been your only chance to get in or the reason why these flights were de- you. And after you finally reach your out of Montana that day. Again, the layed or canceled. Today, airlines must destination there’s a pretty good plane is not there. It is canceled. You provide to the Department of Transpor- chance that you are never going to say: OK. Book me on the next flight tation on a monthly basis if an airline know why it was you were stranded the next day. flight is delayed, either on arrival or thousands of miles away from home, or Sorry. It is all booked up. It is over- departure. They do not have to give the why you missed that important busi- booked. reasons. They have to disclose that ness meeting. The airlines are not re- Book me on the next flight. fact. quired to tell you the reasons for the Sorry. Can’t. So I am suggesting—not that they delays and cancellations. I have talked to people in my State have to write a whole big book on the You are probably wondering: Why who had to wait 4 days—4 days—at Salt reasons for the cancellations or the does this matter? If you are stuck, you Lake City waiting for the next avail- reasons for the delays—that they just are stuck. So what is the big deal? able flight. The same occurs in Min- say why. What caused the cancella- What is the difference? The big deal is neapolis. People tell me they are there tion? What caused the delay? that it does matter. It does make a dif- with several other people trying to get So in addition to the information ference, a great deal of difference. on a plane from Salt Lake City, and shown on the left-hand side of this Speed and efficiency are not only in they say: Well, gee, why can’t we just chart: the name of the airline; the the interest of the airline, they are rent a car? Can Delta Airlines pay for flight number; the aircraft tail num- also in the interest of all Americans in the car rental? We’ll drive from Salt ber; the origin and destination airport this modern society. Lake City to our home in Bozeman. codes; and the date and day of week of Time really is money. Flights are No. Sorry. It is against airline policy flight—but that in addition—it can often canceled or delayed for economic to do that. also indicate whether the cancellation reasons, and not for mechanical or So people frequently have to take an- or delay was caused by air traffic con- weather-related reasons. And when other flight to another city in Montana trol, caused by mechanical failure or

VerDate 30-SEP-99 02:17 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.038 pfrm01 PsN: S04PT1 October 4, 1999 CONGRESSIONAL RECORD — SENATE S11859 difficulty, caused by an act of God, At the appropriate place, insert the fol- Austin of Tryon, North Carolina, ‘‘we caused by weather, or caused by eco- lowing new section: can help everyone else—but not our nomics. SEC. . DESIGNATION OF GENERAL AVIATION own people.’’ North Carolinians under- It is a very simple amendment. It AIRPORT. stand instinctively that there is some- Section 47118 is amended— does not regulate airlines. It is not im- (1) in the second sentence of subsection (a), thing odd about our national priorities posing new regulations; it is just sim- by striking ‘‘12’’ and inserting ‘‘15’’; and when we have spent more—$27.9 bil- ply a matter of disclosure—simply giv- (2) by adding at the end the following new lion—on foreign aid in the past two ing the reasons why an airline flight is subsection: years than the $27.7 billion FEMA has delayed over 15 minutes or just out- ‘‘(g) DESIGNATION OF GENERAL AVIATION expended in the past ten years. That’s right canceled. AIRPORT.—Notwithstanding any other provi- right: government aid through FEMA I realize that simply reporting the sion of this section, at least one of the air- for such wide-ranging disasters as the reasons for cancellations and delays is ports designated under subsection (a) may be a general aviation airport that is a former Northridge earthquakes in California, not going to stop the practice of delay- military installation closed or realigned Hurricane Andrew in South Florida ing and canceling flights for economic under a law described in subsection (a)(1).’’. and the catastrophic Midwestern floods reasons because airlines are businesses. Mr. ROCKEFELLER. Madam Presi- doesn’t even measure up to the past They may still want to go ahead and dent, I ask unanimous consent that the two years of foreign aid. cancel or delay a flight for economic amendment be agreed to and the mo- Now, I have been in constant commu- reasons. But I do think the public has tion to reconsider be laid upon the nication with the Majority Leader, the the right to know the reason for the table. Chairman of the Appropriations Com- cancellation or the delay. The PRESIDING OFFICER. Without mittee, members on the other side of If airlines have to start reporting the objection, it is so ordered. the aisle, and countless federal agen- reasons for missed connections and dis- The amendment (No. 1899) was agreed cies seeking relief for thousands of rupted lives, consumers will soon see to. North Carolinians who have been ru- that rural America is grounded so that Mr. ROCKEFELLER. Madam Presi- ined by Hurricane Floyd. Helping these the rest of the country can go about its dent, for the RECORD, amendment No. victims is the number one priority for business. 1899 was cleared by the majority. those with whom I have spoken. And It may turn out that as a con- I suggest the absence of a quorum. for the record, I am gratified by their sequence there will be fewer cancella- The PRESIDING OFFICER. The cooperation and their determination to tions for economic reasons. That is clerk will call the roll. help. very much my hope, because for many The bill clerk proceeded to call the parts of the country, particularly rural roll. With respect to the President’s plan America, the airlines’ actions are hav- Mr. HELMS. Madam President, I ask to forgive the debts of foreign govern- ing a disproportionately adverse effect unanimous consent that the order for ments, I remind Senators that every in parts of the country that don’t have the quorum call be rescinded. one of the governments whose debt the as much airline service as other parts The PRESIDING OFFICER. Without President proposes to forgive has no of the country. objection, it is so ordered. one to blame but themselves for pur- That is my amendment. I see one f suing socialist and statist policies, and Senator on the floor. I do not know if often outright theft, that drove them HURRICANE FLOYD RELIEF he will speak to it or not, but I don’t in a hole in the first place. see him jumping up in his chair. Mr. HELMS. Mr. President, it was on Just how much is being taken away Madam President, I suggest the ab- September 16 that Hurricane Floyd from victims in my state to fund the sence of a quorum. crashed into the North Carolina coast President’s proposal? The Administra- THE PRESIDING OFFICER. The dumping 20 inches of rain that resulted tion calculates that it will cost $320 clerk will call the roll. in devastating floods. The region of million to forgive the $5.7 billion in The bill clerk proceeded to call the Eastern North Carolina most affected mostly uncollectible debts owed to the roll. was visited by another 4–6 inches of U.S. Additionally, Uncle Sam is being Mr. ROCKEFELLER. Madam Presi- rain just a week later, making an al- asked to underwrite debt forgiveness to dent, I ask unanimous consent that the ready catastrophic situation even the World Bank and the IMF to the order for the quorum call be rescinded. worse. tune of $650 million. The PRESIDING OFFICER. Without So I noted with great interest when That’s a total of $970 million which objection, it is so ordered. President Clinton paid a visit to a North Carolina and other devastated Mr. ROCKEFELLER. Madam Presi- group of elite international financiers regions desperately need, but will not dent, I ask unanimous consent that the at the annual World Bank and IMF get because money used to forgive the pending amendments be set aside. meeting 13 days later (September 29) to debts of foreigners is money that can- AMENDMENT NO. 1899 make an important announcement. It not and will not be used to assist hurri- (Purpose: To provide for designation of at was there that he disclosed with great cane victims. least one general aviation airport from fanfare his proposal to forgive 100 per- among the current or former military air- cent of the debt owed by some 40 for- Bear in mind, Mr. President, that the ports that are eligible for certain grant eign countries to the United States— United States has already provided ap- funds, and for other purposes) and much of their debt owed indirectly proximately $32.3 billion in foreign aid Mr. ROCKEFELLER. Madam Presi- to the U.S. through the World Bank to just these countries since the end of dent, I send an amendment to the desk and the IMF. World War II. And the U.S. Govern- and ask for its immediate consider- Thirteen days after Hurricane Floyd ment has already provided $3.47 billion ation. arrived, and when many communities in debt forgiveness to these countries The PRESIDING OFFICER. The in my state were still literally under in the past several years alone. clerk will report. water, President Clinton decided it was If Senators study the list of coun- The legislative clerk read as follows: appropriate to make the following plea tries, it turns out that the President The Senator from West Virginia [Mr. on behalf of debt relief to foreign gov- seeks to reward governments who keep ROCKEFELLER], for Mr. LEVIN, for himself and ernments—he said: ‘‘. . . I call on our their people in economic and political Mr. ABRAHAM, proposes an amendment num- Congress to respond to the moral and bondage, and he proposes to do it at bered 1899. economic urgency of this issue, and see the expense of suffering Americans. Mr. ROCKEFELLER. Madam Presi- to it that America does its part. I have The human rights organization Free- dent, I ask unanimous consent that asked for the money and shown how it dom House determined that only eight reading of the amendment be dispensed would be paid for, and I ask the Con- of the 36 proposed beneficiaries are with. gress to keep our country shouldering ‘‘free’’ in terms of political expression. The PRESIDING OFFICER. Without its fair share of the responsibility.’’ At least one on the World Bank’s list of objection, it is so ordered. No wonder my constituents are puz- countries eligible to receive debt for- The amendment is as follows: zled as to why, in the words of John giveness is a terrorist state, and that’s

VerDate 30-SEP-99 03:13 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.041 pfrm01 PsN: S04PT1 S11860 CONGRESSIONAL RECORD — SENATE October 4, 1999 Sudan. Also included are the com- This surely was devastating news for has brought for as a illusory argument munist dictatorships in Angola, Viet- a lot of people at the White House. Our in favor of the CTBT? They are fiction. nam and the military dictatorship nation’s Central Intelligence Agency The vast majority of those 300 sites al- Burma. had come to the conclusion that it can- ready exist. They have been United The Heritage Foundation determined not verify compliance with the CTBT. States monitoring stations all along— that none of the countries in question Mercy. I can just see them scurrying and the CIA nonetheless confesses that are ‘‘free’’ economically. (The econo- around. it cannot verify. mies of the vast majority of the coun- But more amazing than this was the tries judged are either ‘‘repressed’’ or response of the White House spin ma- The additional sites called for under ‘‘mostly unfree’’ according to the Her- chine. I’ve seen a lot of strange things the treaty are in places like the Cook itage Foundation’s Index of Economic during my nearly 27 years in the Sen- Islands, the Central African Republic, Freedom.) Some countries on the ate, but this is the first time I have Fiji, the Solomon Islands, the Ivory World Bank’s list do not even have ever seen an administration argue that Coast, Cameroon, Niger, Paraguay, Bo- functioning governments, such as So- America’s inability to verify compli- livia, Botswana, Costa Rica, Samoa, malia, Sierra Leone, and Liberia. ance with a treaty was precisely the etc. The majority of these will add Only one of 36 countries voted with reason for the Senate to ratify the zero, not one benefit to the U.S. ability the United States more than half of the treaty. Back home that doesn’t even to monitor countries of concern. The time at the United Nations in 1998 make good nonsense. fact is if U.S. intelligence cannot (that is Honduras, which supported the Yet this is what the White House has verify compliance with this treaty, no U.S. only 55 percent of the time). Make been arguing all day today. This rev- International Monitoring System set no mistake about it: this proposal di- elation is good news for the CTBT’s up under the CTBT will. This treaty is verts assistance from Hurricane Floyd proponents, they say, because the unverifiable, and dangerous to U.S. na- victims to corrupt, economically and CTBT will now institute an entirely tional security. new verification system with 300 moni- politically repressed foreign coun- If this is the best the administration toring stations around the world. tries—many of whom are not even can do, they haven’t much of a case to friendly to the United States. Madam President, I am not making make to the Senate—or anywhere Mr. President, my office has received this up. This is what the White House else—in favor of the CTBT. The admin- a steady stream of visitors and mail said. istration is grasping at straws, looking urging Congress to support the ‘‘Jubi- I say to the President: What excuse lee 2000’’ debt forgiveness plan, which will the White House give if and when for any argument—however incred- now includes the President’s proposal. they spend billions of dollars on a ‘‘new ible—to support an insupportable trea- It has been a well-orchestrated lob- verification system with 300 moni- ty. bying campaign. toring stations around the world’’—and We will let them try to make their But since the day Hurricane Floyd the CTBT still can’t be verified? Talk case. As I demonstrated on the floor slammed into the North Carolina coast about a pig in a poke. Or a hundred ex- last week, the Foreign Relations Com- and dumped 20 inches of rain on the cuse-makers still on the spot! mittee has held 14 separate hearings in eastern third of my state, the phone If the Administration spokesman which the committee heard extensive calls and mail from North Carolina in contends that the CTBT’s proposed testimony from both sides on the support of debt forgiveness to foreign ‘‘International Monitoring System,’’ or CTBT—113 pages of testimony, from a IMS, will be able to do what all the as- governments has dried up. The reason plethora of current and former offi- sets of the entire existing U.S. intel- is clear: we have a natural disaster un- cials. This is in addition to the exten- ligence community cannot—i.e., verify like any seen in 500 years here at home, sive hearings that have already been compliance with this treaty—isn’t it and our duty is to help suffering Amer- held by the Armed Services Committee icans first. really just a matter of their having been caught with their hands in the and three hearings exclusively on the Mr. President, I’m putting the Ad- CTBT held by the Government Affairs ministration on notice here and now cookie jar? Committee. that the first priority shall be helping Let’s examine their claim. The victims of Hurricane Floyd. Not until CTBT’s International Monitoring Sys- The Senate Foreign Relations Com- sufficient resources are dedicated to tem was designed only to detect what mittee will hold its final hearings this this effort by the federal government are called ‘‘fully-coupled’’ nuclear Thursday to complete our examination will I agree to Senate consideration of tests. That is to say tests that are not of this treaty. We will invite Secretary President Clinton’s debt forgiveness to shielded from the surrounding geology. Albright to make her case for the trea- foreign governments proposal. But the proposed multibillion-dollar ty, and will hear testimony from a va- f IMS cannot detect hidden tests— riety of former senior administration known as ‘‘de-coupled’’ tests—in which officials and arms control experts to THE COMPREHENSIVE TEST BAN a country tries to hide the nuclear ex- present the case against the treaty. TREATY plosion by conducting the test in an Mr. HELMS. Madam President, I was underground cavern or some other I have also invited the chairman of fascinated when I saw in the Wash- structure that muffles the explosion. the Senate Armed Service Committee, ington Post this Sunday the front-page ‘‘Decoupling’’ can reduce the detect- Senator WARNER, to present the find- headline reading: ‘‘CIA Unable to Pre- able magnitude of a test by a factor of ings of his distinguished panel’s review cisely Track Testing: Analysis of Rus- 70. of this fatally flawed treaty. sian Compliance with Nuclear Treaty In other words, countries can con- Finally, the facts are not on the ad- Hampered.’’ duct a 60-kiloton nuclear test without ministration’s side. This is a ill-con- The first paragraph of the story being detected by this fanciful IMS ap- ceived treaty which our own Central below that headline said it all: paratus, a last-minute cover up for the Intelligence Agency acknowledges that In a new assessment of its capabilities, the administration’s having exaggerated a it cannot verify. Approving the CTBT Central Intelligence Agency has concluded treaty that should never have been would leave the American people un- that it cannot monitor low-level nuclear sent to the U.S. Senate for approval in sure of the safety and reliability of tests by Russia precisely enough to ensure the first place. America’s nuclear deterrent, while at compliance with the Comprehensive Test Every country of concern to the the same time completely unprotected Ban Treaty. . . . Twice last month the Rus- U.S.—every one of them—is capable of from ballistic missile attack. That is a sians carried out what might have been nu- decoupling its nuclear explosions. clear explosions at its . . . testing site in dangerous proposal, and I am confident North Korea, China, and Russia will all the Arctic. But the CIA found that data from that the U.S. Senate will vote to reject its seismic sensors and other monitoring be able to conduct significant testing without detection by our country. this dangerous arms control pact called equipment were insufficient to allow ana- the Comprehensive Test Ban Treaty. lysts to reach a firm conclusion about the What about these 300 ‘‘additional’’ nature of events, officials said. ... monitoring sites that the White House I yield the floor.

VerDate 30-SEP-99 03:13 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.043 pfrm01 PsN: S04PT1 October 4, 1999 CONGRESSIONAL RECORD — SENATE S11861 MEDICARE BENEFICIARY ACCESS northeast corner of my State. A couple Consider what happened with inpatient TO QUALITY HEALTH CARE ACT of months ago, I had a workday at Sid- prospective payment about 15 years OF 1999 ney. About every month, every 6 ago. In 1983, Congress felt, much as it Mr. BAUCUS. Mr. President, I am weeks, I show up at someplace in my does now, that Medicare reimburse- speaking in support of the Medicare home State with my sack lunch. I am ments needed to be held in check. It Beneficiary Access to Quality Health there to work all day long. I wait ta- implemented prospective payment for Care Act of 1999. bles. I work in sawmills. I work in inpatient services. Enacting that law, Congress faces historic choices in the mines—some different job. This time it it also recognized that for some small, next few weeks: managed care reform, was working at a hospital. Half of it is rural facilities, there should be excep- campaign finance legislation, whether a skilled nursing home; the other half tions to prospective payment. to increase the minimum wage, Com- an acute care center. The basic reason is simple, because prehensive Test Ban Treaty. But the At the skilled nursing center, I prospective payment is based upon the problem is, Congress is long on dis- changed sheets. I took vitals. I worked assumption that the efficient hospitals agreement and short on time. In all my charts. They even had me take out a will do well and survive, and the near- years of Congress, I have scarcely seen few stitches. After a while, I felt as if by inefficient hospitals not doing well a more partisan and divisive atmos- I was a real-life doctor doing my will fail, but that is OK because people phere than that which prevails today. rounds with my stethoscope casually can always go to the surviving efficient One area where Congress appeared draped around my neck. One patient hospital. And the assumption, obvi- ready to act this year is in addressing actually thought I was in medical ously, is invalid for sparsely populated changes to the Balanced Budget Act, training; that is, until I treated that parts of America because if there is a otherwise known as BBA, of 1997. I am patient. They also had me read to hospital in a sparsely populated part of disappointed that we have not yet done about 20 old folks for about a half hour. America that fails under undue pres- so. Rural States such as Montana have I must confess that all but five imme- sure because of reimbursement, there long battled to preserve access to qual- diately fell asleep. is no other hospital or health care fa- ity health care. I daresay that the At the end of the day, I had to turn cility for somebody in rural America. State so ably served by the Senator my stethoscope in for a session with That is the essential failing in the as- from Maine, Ms. COLLINS, is in some- the administrators. The financial folks sumption behind PPS. what the same condition. showed me trends in Medicare reim- Congress called these facilities ‘‘sole By and large, and against the odds, it bursement over the last couple of community hospitals,’’ and 42 of the 55 is a battle we have generally won. years. They believe as I do, that the hospitals in my State enjoy that sta- Through initiatives such as the Med- BBA cuts have gone too far. tus—that is, the security of being ical Assistance Facility and the Rural So what do we do about it? Over the named a sole community provider or Hospital Flexibility Grant Program, next few weeks, the Senate Finance medical assistance facility. Montana and other relatively thinly Committee is likely to consider legisla- Section 101 of the bill we introduced populated States have providers who tion to restore some of the funding last week would provide similar secu- have worked diligently to give Medi- cuts for BBA. Anticipating this debate, rity for outpatient services, and it care beneficiaries quality health care, I introduced comprehensive rural should be enacted right now. but now these providers face a new health legislation earlier this year. The Just last week, the health care re- challenge—the impact of BBA Medi- bill now has over 30 bipartisan Senate search firm, HCIA, and the consulting care cuts. cosponsors. firm, Ernst and Young, released a From home health to nursing homes, Last week, I joined Senator DASCHLE study showing that hospital profit hospital care to hospice, Montana fa- and the distinguished ranking member margins could fall from their current cilities stand to take great losses as a of the Finance Committee, as well as levels of about 4 percent to below zero result of the BBA. Many already have. Senator ROCKEFELLER, in support of a by the year 2002. We must act now to One hospital writes: comprehensive Balanced Budget Act ensure that this does not happen. fix, a remedy to try to undo some of Dear Senator BAUCUS: I might say, however, time is running The BBA of 1997 is wreaking havoc on the the problems we caused. The Medicare out. We are already in the midst of a 3- operations of hospitals in Montana. Our Beneficiary Access to Quality Health week stopgap measure to keep the Gov- numbers are testimony to this. The reduc- Care Act addresses problems the BBA ernment running. If we don’t sit down tion in reimbursements of $500,000 to $650,000 has caused in nursing home care, in and iron out our differences soon, we per year is something our facility cannot ab- home health care, among hospitals and risk going home not having acted on sorb. also physical therapy, as well as some the BBA and not correcting this prob- Another tells me: other areas. In particular, I draw my lem, which I think is irresponsible. Senator BAUCUS: An early analysis of the colleagues’ attention to section 101 of Despite the partisan atmosphere that negative impact to [my] hospital projects a the bill. has prevailed here over the last several decrease in reimbursements amounting to an Medicare currently pays hospital months, Congress does have a record of estimated $171,200. My hospital is already outpatient departments for their rea- losing money from operations and these an- success in dealing with important ticipated decreases in reimbursements will sonable costs. To encourage efficiency, health care issues in a bipartisan way. cause a further immediate operating loss. If however, the BBA called for a system A few years ago, we passed the enacted and implemented, I predict that we of fixed, limited payments for out- Health Insurance Portability Act to will have no choice but to reduce or phase patient departments. This is called the prevent people from losing health in- out completely certain services and pro- outpatient prospective payment sys- surance when they change jobs. grams. . . . tem, known as PPS. Thus far, it ap- In 1997, we worked together—Mem- Home health agencies report to me pears this PPS will have a very nega- bers of all stripes—in passing the Chil- that in a recent survey, 80 percent of tive impact on small rural hospitals. dren’s Health Insurance Plan, legisla- Montana home health care agencies HCFA estimates—the Health Care Fi- tion to provide children of working showed a decline in visits averaging 40 nancing Administration—that under families with health insurance. Just percent. Let me state that again. Of this law, Medicare outpatient pay- last week, children in my State started the home health care agencies in my ments would be cut by over 10 percent enrollment in that program. State, 80 percent report a decline in for small rural hospitals. I don’t have With some common sense on both visits averaging 40 percent. These are the chart here, but hopefully it is com- sides of the aisle and with fast action some of the most efficient home health ing later. If you look at the chart, you on the issue, Congress can come to- care agencies in the Nation. It simply will see some of the projected impacts gether to solve some of the problems is not fair that they are punished for on hospitals in my State. caused by the so-called BBA of 1997. We being good at managing costs. Prospective payment is the system of ought to do so, and we ought to do it As for skilled nursing care in Mon- the future, and Congress is right to use right now. tana, I saw the effects firsthand in a it where it works. But in some cases, Mr. President, you might be inter- visit to Sidney Health Center in the prospective payment just doesn’t work. ested in what some of the conditions of

VerDate 30-SEP-99 02:17 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.044 pfrm01 PsN: S04PT1 S11862 CONGRESSIONAL RECORD — SENATE October 4, 1999 the BBA 1997 are in the State of the and directed them to those hospitals. Mr. SHELBY. Mr. President, I am Presiding Officer. In Maine, the hos- However, the carve out was phased in pleased that today the Senate has the pital in Bangor would lose 24 percent of over several years. This bill contains a opportunity to consider the conference payments it would otherwise receive. provision that would speed up the agreement for the Fiscal Year 2000 Booth Bay Harbor would find about a carve-out, ensuring that teaching hos- Transportation Appropriations bill, 38-percent reduction. That is somewhat pitals get adequate compensation for and expect that we will reinforce the typical of hospitals of that size and in the patients they serve. Senate’s strong support for this legisla- that situation around the country. Teaching hospitals are critically im- tion, which was passed just 18 days ago So I hope that at the appropriate portant to Michigan. There are 58 by a vote of 95 to 0. time we can work with dispatch and teaching hospitals in Michigan, which The Transportation Appropriations expeditiously solve this problem before constitutes one of the nation’s largest bill provides more than $50 billion for we adjourn. GME programs. transportation infrastructure funding, Mr. LEVIN. Mr. President, I rise The BBA reduced disproportionate and for safe travel and transportation today in support of the Medicare Bene- share hospital (DSH) payments by 1% in the air and on our nation’s high- ficiary Access to Care Act. in 1998, 2% in 1999, 3% in 2000, 4% in ways, railroads, coasts and rivers. I am I have traveled around my State of 2001, and 5% in 2002. This bill would pleased that we have reached an ac- Michigan and I have heard from all freeze the cut in disproportionate share commodation between the House and types of health care providers. I con- payments at 2% for 2000 through 2002. the Senate Conferees on the Transpor- sistently hear one message: all health The BBA created a prospective pay- tation appropriations bill. The House care providers, big and small, are reel- ment system (PPS) for skilled nursing didn’t win on every issue, the Senate ing from the cuts mandated under the facilities. There has been a concern didn’t win on every issue, the Adminis- 1997 Balanced Budget Act (BBA). that the PPS may not adequately ac- tration didn’t get everything that they When Congress passed the BBA, it count for the costs of high acuity pa- wanted—there was a fair amount of was estimated that it would save $112 tients. This bill includes a number of give and take on the part of all inter- billion in Medicare expenditures. The provisions to alleviate the problems ested parties and I am confident that Congressional Budget Office has reesti- facing skilled nursing facilities. Impor- the result is a balanced package that is mated those savings at $206 billion. It tantly, this bill repeals the arbitrary responsive to the priorities of the Con- is clear that the BBA has gone further $1500 therapy cap that was mandated gress and of the administration. than we intended. under the BBA. The 302(b) allocation was tight and This bill addresses some of the prob- The BBA mandated a 15% cut to constrained our ability to do some lems the health care community is fac- home health payments. Last year Con- things that I would have liked to do— ing. The bill provides some measure of gress delayed this cut to October 2000. but we have stayed within the alloca- relief to providers by committing $20 Our bill would further delay this 15% tion agreed to by the House and the billion dollars towards addressing some cut for two years. In addition, our bill Senate and we have a bill that the Ad- of the BBA problems. creates an outlier policy to protect ministration will sign. I believe this Here are some of the bill’s provisions: agencies who serve high cost bene- bill represents a balanced approach and Medicare currently pays hospital ficiaries. a model for how appropriations bills outpatient departments for their rea- The BBA phased out cost based Med- should be constructed. It stays within sonable costs, subject to some limits icaid reimbursement for rural health the allocation, it stays pretty close to and fee schedules. To create incentives clinics and federally qualified health the budget request with the exception for efficient care, the BBA included a centers but did not replace it with any- of denying new user fee taxes and mak- prospective payment system (PPS) for thing to assure that these clinics would ing some firewall shifts that the au- hospital outpatient departments. be adequately funded. Our bill creates a thorizing committee objected to, it ad- HCFA expects to implement this sys- new system for clinic payments. heres to the commitment made in tem in July 2000. When implemented, it In summary, these provisions are vi- TEA–21 on dedicated funding for High- is expected to reduce hospital out- tally important to the health care ways and Transit, it provides ade- patient revenues by 5.7 percent on av- community of Michigan, both providers quate—but constrained—levels for erage. Michigan hospitals have told me and beneficiaries. We cannot afford to FAA, it maintains a credible Coast that this payment system will reduce allow our health care system, the best Guard capital base and operational annual hospital payments for out pa- in the world, to decline. tempo, and it continues to focus on tient services by $43 million for Michi- f making further strides in increasing gan hospitals. DEPARTMENT OF TRANSPOR- the safety of all our transportation This bill would protect all hospitals TATION AND RELATED AGEN- systems. from extraordinary losses during a CIES APPROPRIATIONS ACT, At the same time, Chairman WOLF, transition period. Each hospital would 2000—CONFERENCE REPORT Ranking Member SABO, the senior Sen- compare its payments under the PPS ator from New Jersey and I have gone to a proxy for what the hospital would Mr. INHOFE. Madam President, I to great lengths to craft a bill that ac- have been paid under cost-based reim- submit a report of the committee of commodates the requests of members bursement. In the first year, no hos- conference on the bill (H.R. 2084) mak- and funds their priorities. Scarcely a pital could lose more than 5% under ing appropriations for the Department day passes where one member or an- the new system. This percentage would of Transportation and related agencies other does not call, write, or collar me increase to 10% in the second year and for the fiscal year ending September 30, on the floor to advocate for a project, 15% in the third year. 2000, and for other purposes. a program, or a particular transpor- The PRESIDING OFFICER. The re- Prior to the BBA, a hospital’s inpa- tation priority for their state. I re- port will be stated. tient payments increased by 7.7% if the The legislative clerk read as follows: ceived over 1,500 separate Senate re- hospital had one intern or resident for quests in letter form over the last six The committee conference on the dis- every 10 beds. This percentage was cut agreeing votes of the two Houses on the months. This bill attempts to respond to 7.0% in 1998, and phased down to be amendment of the Senate to the bill (H.R. to as many of those requests as pos- set permanently at 5.5% by 2001. This 2084) have agreed to recommend and do rec- sible. bill freezes Indirect Medical Education ommend to their respective Houses this re- As many of you know, the current (IME) payments at the current level of port, signed by all of the conferees. fiscal constraints were especially felt 6.5% for 8 years. The PRESIDING OFFICER. Under in the transit account, where demand Due to concern that Medicare+Choice the previous order, the Senate will pro- for mass transit systems is growing in managed care plans were not passing ceed to the consideration of the con- every state, but funding is fixed by the along payments for Graduate Medical ference report. TEA–21 firewall. I won’t belabor that Education (GME) to teaching hospitals, (The conference report is printed in point other than to say we did the best the BBA carved out payments for GME the House proceedings of the RECORD of we could under very difficult cir- and IME from Medicare + Choice rates September 30, 1999.) cumstances.

VerDate 30-SEP-99 02:17 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.045 pfrm01 PsN: S04PT1 October 4, 1999 CONGRESSIONAL RECORD — SENATE S11863 It has been a constant challenge this give their consent before a state is able and his staff: John Blazey, Rich Efford, year to ensure adequate funding for to release photographs, social security Stephanie Gupta and Linda Muir, have FAA operations, facilities, equipment numbers, and medical or disability in- been professional, accommodating, and and research, and for the Airport Im- formation. Of course, this excludes law collegial. This last week has been a provement Program; for the Coast enforcement and others acting on be- blueprint for how conference negotia- Guard operations and capital accounts; half of the government. Second, indi- tions should be conducted. Senator and for operating funds for the Na- viduals must give their consent before LOTT and his staff have been gracious tional Highway Transportation Safety the state can sell or release other per- and extremely helpful in moving this Administration. This clearly illus- sonal information when that informa- legislation forward. And on the Appro- trates the pitfalls of firewalls and the tion is disseminated for the purpose of priations Committee staff, I want to disadvantages of trying to manage an- direct marketing or solicitations. I recognize Steve Cortese and Jay nual outlays in multi-year authoriza- want to be clear: this applies only Kimmitt for their invaluable assist- tion legislation. Our experience this when the state sells your name, ad- ance and advice. year with this bill is one of many rea- dress, and other such information to sons the Congress should reject a pro- people who are using that information I look forward to passing this bill and posal to establish more budgetary fire- for marketing purposes. sending it to the President. I ask unan- walls around trust fund accounts in the We recognize that states may need imous consent that the letter from future. time to comply with this provision. OMB relating to this conference report I want to mention one other issue And we’ve proposed to delay the effec- be printed in the CONGRESSIONAL that has been the topic of many con- tive date 9 months. In addition, there RECORD at the end of my remarks and versations over the past couple of was concern expressed about this provi- after the table regarding federal high- weeks. That is, the Senate provision sion being tied to transportation funds way aid. From the OMB letter, it is my concerning the release of personal in- under this bill, and the conference expectation that the President will formation by state departments of agreement eliminates the sanction lan- sign the bill in its current form. motor vehicles. My concern is that pri- guage and expressly states that no Mr. President, I also ask unanimous states’ fund may be withheld because vate information is too available. The consent to include the following table proliferation of information over the of non-compliance with this provision. for the RECORD which shows the esti- Internet makes it easy and cheap for In addition, the Congressional Budget mated fiscal year 2000 distribution of almost anyone to access very personal Office has performed a cost estimate Federal highway fund obligational au- information. analysis of this provision, and found thority. This table illustrates the I think members would be shocked by that the total implementation cost for what virtually anyone—including States is well below $50 million nation- state-by-state distribution of non-dis- wierdos or stalkers—can find out about ally. cretionary highway funds under the you, your wife, or your children with I believe that the general public conference agreement. It is important only a rudimentary knowledge of how would be as shocked as my colleagues to note that none of the discretionary to search the Internet. in the Senate if they learned that programs, including public lands high- I believe that there should be a pre- states were running a business with the ways, Indian reservation roads, park sumption that personal information personal information from motor vehi- roads and parkways, or discretionary will be kept confidential, unless there cle records. bridge are included in this distribution, is compelling state need to disclose There are a few people I would par- as these funds are granted on an indi- that information. Most states, how- ticularly like to thank before we vote. vidual application basis. In addition, ever, readily make this information My Ranking Member, Senator LAUTEN- these figures do not include the carry- available, and because states sell this BERG, has been a valued partner in this over balances from prior years, the information, a lot of information about process, and I’m sorry that we only final computation of administrative you effectively comes from public have one more year to do this together. takedown, or the final minimum guar- records. Senators STEVENS and BYRD have pro- antee adjustments. However, these fig- Section 350 of the conference protects vided guidance throughout the year, ures are very close to the actual state personal information from broad dis- and made a successful bill possible by distribution that will be made by the tribution by requiring express consent ensuring an adequate allocation for Federal Highway Administration based prior to the release of information in transportation programs. My House on the agreement outlined in the con- two situations. First, individuals must counterpart, Congressman FRANK WOLF ference report.

There being no objection, the material was ordered to be printed in the RECORD, as follows: U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION—ESTIMATED FY 2000 DISTRIBUTION OF OBLIGATIONAL AUTHORITY (INCLUDING DISTRIBUTION OF RABA UNDER CONFERENCE PROPOSAL AND DISTRIBUTION OF $98.5 MILLION IN ADMINISTRATIVE TAKEDOWN FUNDS FOR OTHER PURPOSES)

Formula obligation Exempt minimum RABA conference States limitation guarantee Subtotal proposal Total

Alabama ...... $471,711,405 $11,367,974 $483,079,379 $29,016,764 $512,096,143 Alaska ...... 268,677,889 21,022,139 289,700,028 16,970,939 306,670,967 Arizona ...... 375,629,521 14,116,557 389,746,078 23,285,789 413,031,867 Arkansas ...... 380,148,116 8,870,348 317,018,464 19,016,257 336,034,721 California ...... 2,135,937,494 41,571,122 2,177,508,616 131,247,260 2,308,755,876 Colorado ...... 271,325,228 5,218,128 276,543,356 16,673,553 293,216,909 Connecticut ...... 347,917,991 15,458,380 363,376,371 21,631,767 385,008,138 Delaware ...... 102,256,467 2,516,824 104,773,291 6,301,112 111,074,403 Dist. of Col ...... 92,495,095 99,255 92,594,350 5,634,683 98,229,033 Florida ...... 1,065,315,963 49,989,815 1,115,305,778 66,321,154 1,181,626,932 Georgia ...... 828,256,118 32,991,973 861,248,091 51,375,336 912,623,427 Hawaii ...... 119,530,218 3,358,725 122,888,943 7,374,632 130,263,575 Idaho ...... 178,383,500 6,424,871 184,808,371 11,043,615 195,851,986 Illinois ...... 785,605,674 12,083,474 797,689,148 48,176,561 845,865,709 Indiana ...... 579,109,909 21,891,566 601,001,475 35,894,907 636,896,382 Iowa ...... 279,429,622 3,744,432 283,174,054 17,121,381 300,295,435 Kansas ...... 273,194,168 2,007,662 275,201,830 16,691,012 291,892,842 Kentucky ...... 401,970,692 10,003,210 411,973,902 24,735,491 436,709,393 Louisiana ...... 391,418,740 11,102,273 402,521,013 24,151,481 426,672,494 Maine ...... 123,317,168 2,925,145 126,242,313 7,592,996 133,835,309 Maryland ...... 367,510,492 7,464,568 374,975,060 22,588,127 397,563,187 Massachusetts ...... 436,472,391 7,583,988 444,056,379 26,790,453 470,846,832 Michigan ...... 744,199,500 23,383,006 767,582,506 45,987,032 813,569,538 Minnesota ...... 347,863,427 6,266,043 354,129,470 21,358,519 375,487,413 Mississippi ...... 282,518,602 5,567,485 288,086,087 17,358,519 305,444,606 Missouri ...... 569,625,340 12,728,657 582,353,997 35,047,859 617,401,856 Montana ...... 227,145,762 10,546,766 237,692,528 14,140,666 251,833,194 Nebraska ...... 180,760,739 1,864,558 182,625,297 11,062,788 193,688,085 Nevada ...... 166,699,784 5,948,338 172,648,122 10,323,779 182,971,901 New Hampshire ...... 120,134,397 3,111,027 123,245,424 7,402,980 130,648,404

VerDate 30-SEP-99 03:17 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 8634 E:\CR\FM\G04OC6.047 pfrm01 PsN: S04PT1 S11864 CONGRESSIONAL RECORD — SENATE October 4, 1999 U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION—ESTIMATED FY 2000 DISTRIBUTION OF OBLIGATIONAL AUTHORITY (INCLUDING DISTRIBUTION OF RABA UNDER CONFERENCE PROPOSAL AND DISTRIBUTION OF $98.5 MILLION IN ADMINISTRATIVE TAKEDOWN FUNDS FOR OTHER PURPOSES)—Continued

Formula obligation Exempt minimum RABA conference States limitation guarantee Subtotal proposal Total

New Jersey ...... 598,730,322 11,286,798 610,017,120 36,776,405 646,793,525 New Mexico ...... 227,824,334 7,169,730 234,994,064 14,079,572 249,073,636 New York ...... 1,194,894,120 28,056,993 1,222,951,113 73,547,672 1,296,498,785 North Carolina ...... 651,657,222 22,361,073 674,018,295 40,308,266 714,326,561 North Dakota ...... 151,554,823 3,564,655 155,119,478 9,333,524 164,453,002 Ohio ...... 859,342,925 22,507,807 881,850,732 52,959,163 934,809,895 Oklahoma ...... 359,066,919 7,361,168 366,428,087 22,076,510 388,504,597 Oregon ...... 289,181,685 3,630,769 292,812,454 17,707,362 310,519,816 Pennsylvania ...... 1,174,935,166 20,690,226 1,195,625,392 72,033,420 1,267,658,812 Rhode Island ...... 37,789,794 4,921,466 142,711,260 8,533,831 151,245,091 South Carolina ...... 368,700,588 13,940,670 382,641,258 22,853,717 405,494,975 South Dakota ...... 169,007,946 4,237,330 173,245,276 10,411,545 183,656,821 Tennessee ...... 533,893,724 12,450,474 546,344,198 32,831,373 579,175,871 Texas ...... 1,736,180,606 64,627,615 1,800,808,221 107,594,447 1,908,402,668 Utah ...... 181,553,286 3,552,164 185,105,450 11,156,019 196,261,469 Vermont ...... 105,918,243 2,146,701 108,064,944 6,512,509 114,577,453 Virginia ...... 592,611,780 16,373,740 608,985,520 36,550,515 645,536,035 Washington ...... 423,671,200 6,405,044 430,076,244 25,978,168 456,054,412 West Virginia ...... 264,443,795 2,590,550 267,034,345 16,126,281 283,160,262 Wisconsin ...... 458,224,706 16,164,680 474,389,386 28,368,743 502,758,129 Wyoming ...... 161,572,167 3,732,038 165,304,205 9,947,966 175,252,171 Total ...... 23,483,316,763 639,000,000 24,122,316,763 1,448,003,841 25,570,320,604

EXECUTIVE OFFICE OF THE spending resulting from higher-than-antici- tion billions of gallons of oil and the con- PRESIDENT, OFFICE OF MANAGEMENT pated highway excise tax revenues. Under sumer billions of dollars. Because prohibi- AND BUDGET, this proposal, every State would still receive tions such as this have been enacted in re- Washington, DC, September 29, 1999. at least as much funding as was assumed cent years, the Department of Transpor- Hon. RICHARD C. SHELBY, when the Transportation Equity Act for the tation has been unable to analyze this im- Chairman, Subcommittee on Transportation and 21st Century was enacted. The conferees are portant issue fully. These prohibitions have Related Agencies, Committee on Appropria- encouraged to consider the Administration’s limited the availability of important infor- tions, United States Senate, Washington, proposal as a means to fund these important mation that directly influences the Nation’s DC. priorities. environment. DEAR MR. CHAIRMAN: The purpose of this The Administration’s specific concerns LIVABILITY PROGRAMS letter is to provide the Administration’s with both the House and Senate versions of The Administration is very disappointed views on the Transportation and Related the bill are discussed below. that both versions of the bill fund transit Agencies Appropriations Bill, FY 2000, as AVIATION SAFETY AND MODERNIZATION formula grants at $212 million below the passed by the House and by the Senate. As The funding provided by the House and the President’s request and the Transportation the conferees develop a final version of the Senate is not sufficient to meet the rising and Community and Preservation Pilot Pro- bill, we ask you to consider the Administra- demand for air traffic services. gram at approximately $24 million below the tion’s views. The Administration strongly urges request. Further, the Administration is dis- The Administration appreciates the House appointed that the House bill does not direct and Senate’s efforts to accommodate many the conferees to fully fund the Presi- additional funding to the Congestion Mitiga- of the Administration’s priorities within dent’s request for FAA Operations. The tion and Air Quality Improvement program. their 302(b) allocations and the difficult request consists of $5,958 million to These programs are important components choices made necessary by those allocations. maintain current operations and $81 of the Administration’s efforts to provide However, the allocations of discretionary re- million to meet increased air traffic communities with the tools and resources sources available under the Congressional and safety demands. Neither bill pro- needed to combat congestion, air pollution Budget Resolution are simply inadequate to vides sufficient resources to maintain and sprawl. The Administration also objects to the addition of unrequested and unre- make the necessary investments that our current service levels, let alone meet citizens need and expect. viewed projects within the Transportation The President’s FY 2000 Budget proposes increased demands. and Community and Privatization Pilot Pro- levels of discretionary spending that meet The Administration urges the conferees to gram formula grants. The conferees are such needs while conforming to the Bipar- provide at least the House level for the strongly urged to fully fund the President’s tisan Budget Agreement by making savings FAA’s Facilities and Equipment account. request for these programs. The Senate reduction, including the rescis- proposals in mandatory and other programs HIGHWAY SAFETY sion, would seriously compromise the FAA’s available to help finance this spending. Con- The Administration urges the conferees to ability to modernize the air traffic control gress has approved and the President has provide funding consistent with the recently signed into law nearly $29 billion of such off- system. At the Senate level, safety and secu- enacted reauthorization for the National sets in appropriations legislation since 1995. rity projects would be delayed or canceled, Highway Traffic Safety Administration’s op- The Administration urges the Congress to and critically-needed capacity enhancing erations and research activities. This would consider other, similar proposals as the FY projects would be postponed, increasing fu- provide an increase of $20 million above the 2000 appropriations process moves forward. ture air travel delays. In addition, the con- House and Senate funding levels. This fund- With respect to this bill in particular, the ferees are urged to provide the requested $17 ing would allow expanded Buckle Up Amer- Administration urges the Congress to con- million in critically-needed funds for imple- ica and Partners in Progress efforts to meet sider the President’s proposals for user fees. mentation of a Global Positioning System alcohol and belt usage goals. It would also Both the House and Senate versions of the (GPS) modernization plan to help enable provide enhanced crash data collection, in- bill raise serious funding concerns. First, transition to a more efficient, GPS-based air creased defects investigations, and crucial both versions of the bill underfund the Fed- navigation system. This is a top priority, research activities on advanced air bags, eral Aviation Administration’s (FAA’s) oper- and the conferees are asked to fund this in crashworthiness, and enhanced testing to ations and modernization programs, reduce addition to the FAA’s other capital needs. make better car safety information more highway and motor carrier safety, and The Administration supports the decision, readily available to the public. in both Houses, to eliminate the General underfund other important programs. The MOTOR CARRIER SAFETY Fund subsidy for FAA Operations and urges conferees could partially accommodate the The Administration appreciates the Senate the conferees to enact the Administration’s funding increases recommended below for bill’s funding of $155 million, the amended proposal to finance the agency. Such a sys- these programs by adhering more closely to request, for the National Motor Carrier Safe- tem would improve the FAA’s efficiency and the President’s requests for the Airport Im- ty Grant Program. This will allow the Office effectiveness by creating new incentives for provement Program, High Speed Rail, Coast of Motor Carrier and Highway Safety to un- it to operate in a business-like manner. Guard Alteration of Bridges, Coast Guard dertake improvements in the area of motor capital improvements, and other programs. CAFE STANDARDS carrier enforcement, research, and data col- In addition, both the House and Senate The Administration strongly opposes, and lection activities that are designed to in- have reduced requested funding for impor- urges the conferees to drop, the House bill’s crease safety on our Nation’s roads and high- tant safety, mobility, and environmental re- prohibition of work on the corporate average ways. The Administration strongly urges the quirements. The Administration proposes to fuel economy (CAFE) standards. These conferees to continue to provide this funding meet these requirements through the re- standards have resulted in a doubling of the as well as the additional $5.8 million re- allocation of a portion of the increased fuel economy of the car fleet, saving the Na- quested for motor carrier operations.

VerDate 30-SEP-99 03:17 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.011 pfrm01 PsN: S04PT1 October 4, 1999 CONGRESSIONAL RECORD — SENATE S11865 JOB ACCESS AND REVERSE COMMUTE new fiscal year, we are sending a free- President’s request. In this instance, The Administration is disappointed that standing Transportation bill to the the Administration’s budget request both the House and Senate would provide President for his signature. Earlier this depended upon the enactment of a new only $75 million—half of the amount author- year I would not have predicted that authorization bill raising the author- ized and requested—for the Job Access and we would succeed in getting a free- ization ceilings for NHTSA. Unfortu- Reverse Commute program. This program is standing Transportation bill. Credit for a critical component of the Administration’s nately, by the time that authorization welfare-to-work effort and local demands far his successful accomplishment belongs bill was enacted, our subcommittee exceed available resources. Demand is ex- primarily to our subcommittee chair- ceiling had already been established pected to increase further as more commu- man, Senator SHELBY. This bill has had and we did not have the funding to ac- nities around the country work together to a number of difficulties along the commodate these funding increases for address the transportation challenges faced way—difficulties that sometimes di- NHTSA. Mr. President, if I could iden- by families moving from welfare to work and vided Senator SHELBY and myself. But tify one serious flaw with the Trans- by other low income workers. The Adminis- I think it is fair to say that throughout portation Equity Act for the 21st Cen- tration urges the conferees to provide full the year, both Senator SHELBY and I funding at $150 million. tury (TEA–21), it would be the fact that showed a willingness to listen, as well several trust funded programs for high- OFFICE OF THE SECRETARY as a willingness to compromise. As way construction are granted guaran- The Administration urges the conferees to such, many of the problems that bur- teed increases over the next several provide the President’s request of $63 million for the Office of the Secretary in a consoli- dened this bill earlier this year have years, while the safety programs from dated account and delete the limitation on been worked out over time. the trust fund are not granted simi- political appointees in both bills. This is nec- Senator SHELBY consulted the Minor- larly privileged budgetary treatment. essary to provide the Secretary with the re- ity throughout this year’s process. We We need to do better for these critical sources and flexibility to manage the De- may not have agreed on every figure safety programs, both in the FAA and partment effectively. In addition, we request and every policy contained in this bill, in NHTSA. I have not given up on the restoration of the seven-percent reduction to but there were never any surprises. His chance to do better for these programs. the Office of Civil Rights contained in the door was always open to me and to the I intend to work with the Administra- Senate version of the bill. This reduction other minority members of the sub- would hamper the Department’s ability to tion to see if additional funds can be enforce laws prohibiting discrimination in committee. I especially want to thank included in an omnibus appropriations Federally operated and assisted transpor- Senator SHELBY for his attention to bill or, perhaps, in a Supplemental Ap- tation programs. the unique transportation needs of my propriations bill. LANGUAGE PROVISIONS home state of New Jersey, the most In the area of truck safety, I am dis- The conferees are requested to delete pro- congested state in the nation. Our con- appointed that this bill does not in- visions in both bills that would restrict the gestion problem makes New Jersey the clude the $50 million that I added dur- Coast Guard’s and Federal Aviation Admin- most transit-dependent state in the na- ing full committee markup for grants istration’s user fee authority. User fees can tion and Senator SHELBY recognized within the Office of Motor Carrier help the Coast Guard and Federal Aviation this fact by working with me to pro- Safety. The tight funding allocation Administration by providing resources to vide substantial investments in burdening the subcommittee just made meet their operating and capital needs with- projects like the Hudson-Bergen water- it impossible to accommodate this out significantly reducing other vital trans- portation programs. front, the Newark-Elizabeth rail link, item in Conference. However, I have to The conferees are requested to delete pro- Amtrak’s Northeast Corridor, the West say that while money is important to visions in both versions of the bill that Trenton line, and a feasibility study of our efforts to maintain truck and bus would impose DOT-wide reductions in obliga- a new transit tunnel under the Hudson safety, guts and determination on the tions to the Transportation Administrative River. part of the Administration is of even Service Center. These reductions, which are The Transportation Subcommittee greater importance. The Office of particularly severe in the Senate, would im- faced a very tight allocation. These Motor Carrier Safety needs to be will- pose significant constraints on critical ad- funding difficulties were made more ing to shut down the most egregious ministrative programs. The conferees are requested to delete Sec- challenging by the spending increases safety violators to protect bus pas- tion 316 of the Senate bill, which would ex- mandated for the Federal Highway Ad- sengers and the motoring public. tend the traditional anti-lobbying provision ministration and the Federal Transit There have been several hearings re- in DOT appropriations acts to State legisla- Administration under TEA–21. These garding the deficiencies of the Office of tures. This broad, ambiguous provision mandated increases put extraordinary Motor Carriers this year. Within the would chill the informational activities of pressure on the non-protected pro- Transportation Appropriations Sub- the Department and limit the ability of the grams in the Coast Guard, the Federal committee, we spent considerable time Department to carry out its safety mandate. Aviation Administration, and the Na- discussing the recent series of fatal bus The existing requirements of Section 7104 of crashes within New Jersey. The Com- TEA–21 adequately address this issue. tional Highway Traffic Safety Admin- There are several provisions in both bills istration. merce Committee also held hearings on that purport to require congressional ap- The funding level provided for Am- the overall deficiencies with the OMC. proval before Executive Branch execution of trak represents the largest single cut Those hearings painted a very dismal aspects of the bill. The Administration will in this bill below the fiscal year 1999 picture of a largely impotent agency interpret such provisions to require notifica- level. Amtrak is funded at a level fully that is more interested in outreach tion only, since any other interpretation 6 percent below last year’s level. It is than in ensuring safe truck and bus op- would contradict the Supreme Court ruling to Amtrak’s credit, however, that Am- erations. More recently, we have seen in INS versus Chadha. trak’s financial turn-around has gen- indications of a new, more serious atti- REPORT LANGUAGE ISSUE erated the kind of revenue that will tude at the Office of Motor Carrier The Administration is concerned with the allow the corporation to absorb this Safety. This appropriations bill man- House report language that would not fund cut without any notable service reduc- dates that that office can no longer be the controller-in-charge differential, which was part of the carefully crafted air traffic tions. operated within the Federal Highway controller agreement research last year. Funding for the operations budget Administration. Perhaps this will We look forward to working with the Com- within the Federal Aviation Adminis- make a difference. In my view, the jury mittee to address our mutual concerns. tration is another area of concern. is still out on whether we have turned Sincerely, While this bill funds FAA Operations the corner on improving truck and bus JACOB J. LEW, Director. at a level fully 6 percent above last safety. Over the course of the next Mr. LAUTENBERG. Madam Presi- year’s level, the amount provided re- year, we will need to review carefully dent, I rise in support of the conference mains 2.3 percent below the level re- whether the changes recently an- report accompanying H.R. 2084, the quested by the Administration. Also, nounced by the Office of Motor Carriers Transportation appropriations bill for funding for highway safety within the represent a true change in attitude or fiscal year 2000. operations and research account in the just a change in rhetoric. I am pleased that during this, the National Highway Traffic Safety Ad- In summary, Mr. President, I encour- first day of the first full week of the ministration is 19 percent below the age all Members to vote in favor of this

VerDate 30-SEP-99 02:17 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.013 pfrm01 PsN: S04PT1 S11866 CONGRESSIONAL RECORD — SENATE October 4, 1999 conference report. The conference Mr. REID. I move to lay that motion The industry itself I believe will imple- agreement is a balanced and bipartisan on the table. ment the NIOSH recommendations. effort to meet the needs of our nation’s The motion to lay on the table was As the Senate knows, my family has transportation enterprise within a dif- agreed to. known fatalities from airplane crashes. ficult funding envelope. I believe it de- The PRESIDING OFFICER (Mr. FITZ- And I have many friends who have been serves the support of all Members. GERALD). The Senator from Alaska is involved in such crashes. As one who Mr. INHOFE. Madam President, I ask recognized. was lucky enough to walk away, it is for the yeas and nays. Mr. STEVENS. Mr. President, I com- my hope that these studies will lead to The PRESIDING OFFICER. Is there a mend Senators SHELBY and LAUTEN- greater safety considerations for all sufficient second? BERG for this bill. It is really a mon- who fly in Alaska. I am grateful to the There is a sufficient second. strous bill, and they have come back chairman and the ranking member, The yeas and nays were ordered. with a very good compromise, a bill Chairman SHELBY and Senator LAUTEN- The PRESIDING OFFICER. Under with which we can all live. BERG, for including in this bill these the previous order, the hour of 5:30 p.m. The staff on this bill deserves a great great, new safety initiatives. having arrived, the Senate will now deal of credit, too. To my right is I am happy to report on another mat- proceed to vote on the adoption of the Wally Burnett, staff director of the ter. This bill ensures completion of the conference report accompanying H.R. Transportation Subcommittee for the pedestrian footbridge that will span 2084. Senate. He handles the highway and the Chena River in Fairbanks. Fair- The question is on agreeing to the aviation accounts. Wally tops at 205 banks is Alaska’s second largest city. conference report. pounds now, but we call him Little The Alaska River Walk Centennial The yeas and nays have been ordered. Wally in Fairbanks. I thank him and Bridge is the brainchild of Dr. William The clerk will call the roll. Joyce Rose, who handles the railroad Ransom Wood. He is really the sage of The legislative clerk called the roll. and transit accounts. She spent a lot of Alaska. He is the executive director of Mr. NICKLES. I announce that the time away from her young kids. Paul Festival Fairbanks. This bridge is a Senator from Utah (Mr. HATCH), the Doerrer handled the Coast Guard and small piece of an overall plan that Dr. Senator from Florida (Mr. MACK), the NTSB accounts. He did a great job on Wood and the rest of the festival have Senator from Arizona (Mr. MCCAIN), his first bill. I also thank Peter Rogoff developed to beautify Fairbanks and the Senator from Oregon (Mr. SMITH), and Carole Geagley of the minority. make it pedestrian friendly. and the Senator from Wyoming (Mr. They have worked very hard on this At 95, Dr. Wood has been one of Alas- THOMAS) are necessarily absent. bill. As I said, it is an extremely good ka’s major players. He served as the Mr. REID. I announce that the Sen- bill. president of the University of Alaska, ator from South Dakota (Mr. I want to mention two items related mayor of Fairbanks, and on so many DASCHLE), the Senator from South to this bill. We do have a very difficult community councils and State task Carolina (Mr. HOLLINGS), the Senator problem in Alaska on aviation safety. forces that I cannot here name them from Massachusetts (Mr. KENNEDY), We are, after all, the largest State of all. In honor of Dr. Wood’s contribution and the Senator from Rhode Island the Union, one-fifth of the size of the to Fairbanks, the State of Alaska, and (Mr. REED), are necessarily absent. United States. We use aircraft as other our Nation as a naval commander in I further announce that, if present people use taxis or buses or trains. World War II, Senator MURKOWSKI and and voting, the Senator from Rhode Is- Over 80 percent of our inter-city traffic I join together in introducing a Senate land (Mr. REED), would vote ‘‘aye.’’ is by air. Seventy percent of our cities resolution which will urge Secretary The result was announced—yeas 88, can be reached only by air. As a con- Slater to designate this footbridge the nays 3, as follows: sequence, safety is one of our major William R. Wood Centennial Bridge. [Rollcall Vote No. 306 Leg.] concerns. Mr. LAUTENBERG. Mr. President, I This summer, Director Hall of the YEAS—88 appreciate the opportunity to respond National Transportation Safety Board to some of the things the distinguished Abraham Edwards Lugar Akaka Feingold McConnell came to Alaska. He met there with rep- chairman of the Appropriations Com- Allard Feinstein Mikulski resentatives of the Centers for Disease mittee just said, particularly his ac- Ashcroft Fitzgerald Moynihan Control and their National Institute knowledgment of the hard work done Baucus Frist Murkowski for Occupational Safety and Health, by the staff on both sides, the majority Bayh Gorton Murray Bennett Graham Nickles NIOSH. There are resources provided in staff and the minority staff, and to say Biden Gramm Reid this bill to implement the National that I watch Senator STEVENS in ac- Bingaman Grams Robb Transportation Safety Board’s rec- tion; I see how difficult it is to get Bond Grassley Roberts Boxer Gregg Rockefeller ommendations and NIOSH’s inter- some of these allocations in the shape Breaux Harkin Roth agency initiative for aviation safety in we would like. Brownback Helms Santorum my home State of Alaska. Senator We are pleased that the Transpor- Bryan Hutchinson Sarbanes SPECTER’s bill, the Labor-HHS bill, pro- tation bill was, if I may use the word, Bunning Hutchison Schumer Burns Inhofe Sessions vides the resources for NIOSH. They hammered out because there are still a Byrd Inouye Shelby will have to be in the bill in order to lot of needs with which we have to be Campbell Jeffords Smith (NH) put this plan into action. concerned. One is the FAA, of course, Chafee Johnson Snowe The NIOSH initiative for the air taxi Cleland Kerrey Specter and our safety programs. I was pleased Cochran Kerry Stevens industry in Alaska is modeled after the to hear the Senator mention that. Collins Kohl Thompson highly successful 1993 helicopter log- The other is the U.S. Coast Guard, in Coverdell Kyl Thurmond ging study which produced rec- which Senator STEVENS has such an ac- Craig Landrieu Torricelli Crapo Lautenberg Voinovich ommendations for changes that imple- tive interest. I share that interest. The DeWine Leahy Warner mented safety plans without Federal State of New Jersey has a great deal of Dodd Levin Wellstone regulation. NIOSH recommended crew dependence—as well as the entire coun- Domenici Lieberman Wyden rest and crew duty schedules along try—on the activities of the Coast Dorgan Lincoln Durbin Lott with changes in helicopter logging Guard. And the fact is that their fund- equipment, and that has all but elimi- ing is presently on the short side. But NAYS—3 nated helicopter logging fatalities decisions are made when resources are Conrad Enzi Hagel since those recommendations were im- too spare, and, inevitably, some hard NOT VOTING—9 plemented. decisions have to be made. Daschle Kennedy Reed It is my hope that the NIOSH study I commend the chairman of the Ap- Hatch Mack Smith (OR) on aviation can produce the same re- propriations Committee for being able Hollings McCain Thomas sults—industry-led improvements to to ensure that the Transportation bill The conference report was agreed to. commuter aviation safety operations was moved along. I know how hard he Mr. STEVENS. Mr. President, I move in Alaska—again, without the need for is working with some of the other bills to reconsider the vote. new Government-imposed mandates. that are still pending.

VerDate 30-SEP-99 02:17 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.034 pfrm01 PsN: S04PT1 October 4, 1999 CONGRESSIONAL RECORD — SENATE S11867 Mr. President, I yield the floor. ney Slater to designate the Fairbanks, Alas- Independent Commission on the Los f ka Riverwalk Centennial Bridge community Angeles Police Department, better connector project as the Dr. William Ransom known as the Christopher Commission, EXPRESSING THE SENSE OF THE Wood Centennial Bridge. chaired by Warren Christopher. SENATE CONCERNING DR. WIL- Mr. STEVENS. Mr. President, I move He received his undergraduate degree LIAM RANSOM WOOD to reconsider the vote and I move to in 1961 from the University of Cali- Mr. STEVENS. Mr. President, I send lay that motion on the table. fornia at Santa Barbara; And he re- this resolution to the desk. The motion to lay on the table was ceived his law degree from Stanford The PRESIDING OFFICER. The agreed to. Law School in 1966, where he was presi- clerk will report the resolution by f dent of the Stanford Law Review. Fol- title. lowing law school, he clerked for the The legislative clerk read as follows: EXECUTIVE SESSION Honorable J. Skelly Wright on the U.S. A resolution (S. Res. 195) expressing the Court of Appeals for the District of Co- sense of the Senate concerning Dr. William lumbia Circuit and for the Honorable EXECUTIVE CALENDAR Ransom Wood. William Brennan on the U.S. Supreme Mr. STEVENS. Mr. President, I sug- Mr. STEVENS. Mr. President, pursu- Court. In other words, a lawyer’s law- gest the absence of a quorum. ant to the consent agreement of Fri- yer. The PRESIDING OFFICER. The day, October 1, I now ask unanimous For almost 30 years, he was a litiga- clerk will call the roll. consent that the Senate proceed to ex- tion attorney in private practice in Los The legislative clerk proceeded to ecutive session for the consideration of Angeles at Tuttle & Taylor and then as call the roll. judicial nominations. the managing partner of the Los Ange- Mr. STEVENS. Mr. President, I ask The PRESIDING OFFICER. Without les offices of Heller, Ehrman, White & unanimous consent that the order for objection, it is so ordered. The nomina- McAuliffe. He is a highly respected the quorum call be rescinded. tions will be stated. member of the bar and a dedicated pub- The PRESIDING OFFICER. Without The legislative clerk read as follows: lic servant. He has the very strong support of objection, it is so ordered. THE JUDICIARY both California Senators. He received a Mr. STEVENS. Mr. President, I ex- Ronnie L. White, to be United States Dis- press my gratitude to the secretary for trict Judge for the Eastern District of Mis- rating of well qualified—in other the minority for clearing this resolu- souri; Brian Theadore Stewart, to be United words, the highest rating—from the tion so quickly, and I ask for its con- States District Judge for the District of American Bar Association. He has the sideration. Utah; and Raymond C. Fisher, to be United support of Los Angeles Mayor Richard There being no objection, the Senate States Circuit Judge for the Ninth Circuit. Riordan, the Los Angeles police depart- proceeded to consider the resolution. The PRESIDING OFFICER. The Sen- ment, the National Association of Po- The PRESIDING OFFICER. Without ator from Vermont. lice Organizations, and the Fraternal Order of Police. objection, the resolution and its pre- Mr. LEAHY. Mr. President, we have a He was nominated back on March 15, amble are agreed to. number of judges to discuss tonight: 1999. He had a hearing before the Judi- The resolution (S. Res. 195) was There is Brian Theadore Stewart—I ciary Committee and in July he was agreed to. see the distinguished Senator from Utah on the floor, who I am sure will promptly and favorably reported. I do The preamble was agreed to. not know why his nomination was not The resolution, with its preamble, be speaking of him. There is Justice Ronnie L. White—I taken up immediately and confirmed reads as follows: before the August recess, but it is still S. RES. 195 see the distinguished Senator from Missouri, who will be speaking about here and will now receive consider- Whereas Dr. William Ransom Wood’s tire- ation. The Senate should vote to con- less dedication and wisdom have earned him him and has specific reserved time for that. firm him, as I fully expect we will. honorable distinction for his work in the I note that the Senate has before it And there is the nomination of Ray- city of Fairbanks, the State of Alaska, and ready for final confirmation vote two the Nation; mond C. Fisher. other judge nominees to the same Whereas Dr. Wood served his country with Utilizing some of the time reserved court, the Ninth Circuit, Judge Rich- distinction in battle during World War II as to me and the distinguished chairman ard Paez and Marsha Berzon. Also a captain in the United States Navy; of the Senate Judiciary Committee, I Whereas Dr. Wood served the people of pending before the Judiciary Com- will make sure that whatever amount Alaska as president of the University of mittee are the nominations of Ron Alaska, chairman of the American Cancer of time the distinguished Senator from Gould, first nominated in 1997; Barry Society, vice president of the Alaska Boy Utah wishes will be available to him. Goode, first nominated in June 1998; Scout Council, Member of the Alaska Busi- I would like to start by mentioning and James Duffy to the Ninth Circuit. ness Advisory Council, Chairman of the Alas- how we got here. On Friday, the Demo- It is a Court of Appeals that remains ka Heart Association, and numerous other cratic leader was able to get an agree- organizations; one quarter vacant with 7 vacancies ment from the majority leader sched- among its 28 authorized judges. Whereas Dr. Wood served the people of uling an up-or-down vote on Ray Fish- Fairbanks as mayor, chairman of the Fair- We should be voting up or down on banks Community Hospital Foundation, er, Ted Stewart, and Ronnie White to- the Paez and Berzon nominations President of Fairbanks Rotary Club, and in morrow afternoon, with some debate today. I think we need to fulfill our many other capacities; this evening. I thank the Democratic duty not only to each of these out- Whereas the city of Fairbanks, the State of leader for his assistance in obtaining standing nominees as a matter of con- Alaska, and the Nation continue to benefit those agreements. I know that it was science and decency on our part, but from Dr. Wood’s outstanding leadership and not easy to obtain a date certain for a also for the tens of millions of people vision; vote on the Fisher nomination and I who are served by the Ninth Circuit. Whereas Dr. Wood is the executive director am especially grateful that at long of Festival Fairbanks which desires to com- Unfortunately, as was brought out Fri- memorate the centennial of Fairbanks, Alas- last, after 27 months, the Senate will day, a few Republican Senators—anon- ka with a pedestrian bridge which shall serve finally be voting on the White nomina- ymously—are still holding up action on as a reminder to remember and respect the tion. these other important nominations. builders of the Twentieth Century; and I begin with the Fisher nomination. To his credit, the majority leader has Whereas it shall also be in Dr. Wood’s Raymond Fisher is a distinguished Cal- come to the floor and said he will try words, ‘‘a memorial to the brave indigenous ifornian. After being confirmed by the to find a way for the two nominations people. Who came before and persisted Senate in 1977, he has served as Asso- to be considered by the Senate. I know through hardships, generation after genera- ciate Attorney General of the United that if the majority leader wishes the tion. The Centennial Bridge is a tribute to their stamina and ability to cope with States. He served on the Los Angeles nominees will come to a vote. The way changing times.’’: Now, therefore, be it Police Commission from 1995 to 1997. is to call them to a fair up-or-down Resolved, That the United States Senate He chaired it from 1996 to 1997. In 1990, vote. We should find a way to do that urges the Secretary of Transportation Rod- he was deputy general counsel for the as soon as possible.

VerDate 30-SEP-99 03:04 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.062 pfrm01 PsN: S04PT1 S11868 CONGRESSIONAL RECORD — SENATE October 4, 1999 I certainly have tried to work di- and around the country. He served as a make the Senate’s role in the con- rectly and explain what I have done on local judge before being confirmed by firmation process optional, and the the floor in working with the majority the Senate to the federal bench several Senate ends up abdicating responsi- leader on the nominations. I am happy years ago and is currently a Federal bility when the majority leader denies to work with the Senators who are District Court Judge. He has twice nominees a timely vote. All the nomi- blocking them from going forward, but been reported to the Senate by the Ju- nees awaiting floor votes * * * should we do not know who they are. In fact, diciary Committee in connection with receive them immediately.’’ we had a policy announced at the be- his nomination to the Court of Appeals Democrats are living up to our re- ginning of this year that we would no and has spent a total of 9 months over sponsibilities. The debate over the last longer use secret holds in the Senate. the last 2 years on the Senate Execu- couple of weeks has focused the Senate Unfortunately, Judge Paez and Marsha tive Calendar awaiting the opportunity and the public on the unconscionable Berzon are still confronting a secret for a final confirmation vote. His nomi- treatment by the Senate majority of hold as their nominations are ob- nation was first received by the Senate selected nominees. The most promi- structed under a cloak of anonymity in January 1996, 44 months ago. nent examples of that treatment are after 44 months and 20 months, respec- Marsha Berzon is one of the most Judge Paez and Marsha Berzon. With tively. That is wrong and unfair. qualified nominees I have seen in 25 respect to these nominations, the Sen- The distinguished Senators from years and the Republican Chairman of ate is refusing to do its constitutional California, Mrs. BOXER and Mrs. FEIN- the Judiciary Committee has said the duty and vote. STEIN, have urged continuously over same thing. Her legal skills are out- The Florida Sun-Sentinel wrote re- and over again on this floor, in com- standing, her practice and productivity cently: ‘‘The ‘Big Stall’ in the U.S. mittee, in caucuses, in individual con- have been extraordinary. Lawyers Senate continues, as senators work versations with Senators on both sides against whom she has litigated regard slower and slower each year in con- of the aisle, that the nominations of her as highly qualified for the bench. firming badly needed federal Berzon and Paez go forward. I see the Nominated for a judgeship within the judges. . . . This worsening process is distinguished Senator from California, Circuit that saw this Senate hold up inexcusable, bordering on malfeasance Mrs. BOXER, on the floor. the nominations of other qualified in office, especially given the urgent I think I can state unequivocally for women for months and years—people need to fill vacancies on a badly under- her, as for Senator FEINSTEIN, that no like Margaret Morrow, Ann Aiken, manned federal bench. . . . The stall- Democrat objects to Judge Paez going Margaret McKeown and Susan Oki ing, in many cases, is nothing more forward. No Democrat objects to Mar- Mollway—she was first nominated in than a partisan political dirty trick.’’ sha Berzon going forward. If nobody is January 1998, some 20 months ago. A recent report by the Task Force on objecting on this side of the aisle to The Atlanta Constitution noted re- Judicial Selection of Citizens for Inde- going forward, I strongly urge those cently: pendent Courts verifies that the time who support—as many, many do— Two U.S. appellate court nominees, Rich- to confirm female nominees is now sig- Judge Paez and Marsha Berzon’s nomi- ard Paez and Marsha Berzon, both of Cali- nificantly longer than that to confirm fornia, have been on hold for four years and male nominees—a difference that has nations, that they call each of the 55 20 months respectively. When Democrats Senators on the other side of the aisle tried * * * to get their colleagues to vote on defied logical explanation. The report and ask them: Are you objecting to the pair at long last, the Republicans scut- recommends that ‘‘the responsible offi- them going forward? Would you object tled the maneuver. * * * This partisan stall- cials address this matter to assure that to them going forward? Find out who is ing, this refusal to vote up or down on nomi- candidates for judgeships are not treat- holding them up. They are entitled to a nees, is unconscionable. It is not fair, It is ed differently based on their gender.’’ vote. not right, It is no way to run the federal ju- Those responsible are not on this side To continue this delay demeans the diciary. * * * This ideological obstruc- of the aisle. I recall all too well the Senate. I have said that I have great tionism is so fierce that it strains our justice gauntlet that such outstanding woman system and sets a terrible partisan example respect for this institution and its tra- for years to come. nominees as Margaret Morrow, Ann ditions. Certainly after 25 years, my re- Aiken, Margaret McKeown, Susan Oki It is against this backdrop that I, spect is undiminished. But in this case, Mollway, Sonia Sotumayor were forced again, ask the Senate to be fair to I see the treatment of these nomina- to run. Now it is Marsha Berzon who is these judicial nominees and all nomi- tions as part of a pattern of what has being delayed and obstructed, another nees. For the last few years the Senate happened on judicial nominations for outstanding woman judicial nominee has allowed 1 or 2 or 3 secret holds to the last few years. If you are a minor- held up, and held up anonymously be- stop judicial nominations from even ity or a woman, it takes longer to go cause she will be confirmed if allowed a getting a vote. That is wrong. through this Senate as a judicial nomi- The Chief Justice of the United fair up or down vote. I likewise recall all too well the way nation. That is a fact. It is not just me States Supreme Court wrote in Janu- in which other qualified nominees were noting it, but impartial outside observ- ary last year: ers have reported in the last few weeks held up and defeated without a vote. Some current nominees have been waiting The honor roll of outstanding minority that a woman or a minority takes a considerable time for a Senate Judiciary longer to be confirmed by the Senate Committee vote or a final floor vote. * * * nominees who have been defeated with- as it is presently constituted. The Senate is surely under no obligation to out a vote is already too long, includ- The use of secret holds for an ex- confirm any particular nominee, but after ing as it does Judge James A. Beaty, tended period is wrong and beneath the the necessary time for inquiry it should vote Jr., Jorge C. Rangel, Anabelle Rod- Senate. We can have 95 Senators for a him up or vote him down. riquez and Clarence Sundram. It should nominee but 5, 4, 3, 2, or 1 can stop that At the time the Chief Justice issued not be extended further. Senate Repub- person—after 4 years with respect to this challenge, Judge Paez’ nomination licans have chosen to stall Hispanic, Judge Paez; after 2 years with respect had already been pending for 24 women and other minority nominees to Marsha Berzon. months. The Senate received the long enough. It is wrong and should Let us vote up or down. If Members Berzon nomination within days of the end. do not want either one of them, vote Chief Justice’s report. That was almost Nominees deserve to be treated with against them; if Members want them, 2 years ago and still the Senate stalls dignity and dispatch—not delayed for 2 vote for them. But allow them to come and refuses to vote. Let us follow the and 3 and 4 years. I continue to urge to a vote. Do not hide behind anony- advice of the Chief Justice. Let the Re- the Republican Senate leadership to mous holds. Do not allow this prece- publican leadership schedule up or proceed to vote on the nominations of dent to continue that we seem to have down votes on the nominations of Judge Richard Paez and Marsha started that women and minorities Judge Paez and Marsha Berzon so that Berzon. There was never a justification take longer. the Senate can finally act on them. Let for the Republican majority to deny Judge Richard Paez is an outstanding us be fair to all. these judicial nominees a fair up or jurist and a source of great pride and Recently, the Washington Post down vote. There is no excuse for their inspiration to Hispanics in California noted: ‘‘[T]he Constitution does not continuing failure to do so.

VerDate 30-SEP-99 03:04 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.064 pfrm01 PsN: S04PT1 October 4, 1999 CONGRESSIONAL RECORD — SENATE S11869 I know the Senate will do the right guished African American justice. Fi- to avoiding even the appearance of im- thing and confirm Ray Fisher to the nally he will get the respect he should propriety or possible conflicts of inter- Ninth Circuit tomorrow and that he have from this body. est. will be an outstanding judge. I will Acting to fill judicial vacancies is a I cooperated in Chairman HATCH’s ef- continue my efforts to bring to a vote constitutional duty that the Senate— forts to expedite Committee consider- the nominations of Judge Richard Paez and all of its Members—are obligated ation of the Stewart nomination with and Marsha Berzon. to fulfill. In its unprecedented slow- the expectation that these other nomi- We also will get the opportunity to- down in the handling of nominees since nees who have been held up so long, morrow to vote on the nomination of the 104th Congress, the Senate is shirk- nominees like Judge Richard Paez and Justice Ronnie White. As I reminded ing its duty. That is wrong and should Marsha Berzon, were to be considered the Senate last Friday, he is an out- end. by the Senate and finally voted on, as standing jurist and currently a member Let us show respect to the federal ju- well. The Chairman and I have both of the Missouri Supreme Court. We diciary and to the American people to voted for Judge Paez each time he was have now a judicial emergency vacancy whom justice is being denied due to considered by the Committee and we on the District Court of the United this unprecedented slowdown in the both voted for and support Marsha States for the Eastern District of Mis- confirmation process. I am proud to Berzon. souri while his nomination has been support the nomination of Justice Ron- I have tried to work with the Chair- held up for 27 months. nie White for United States District man and with the Majority Leader on Ronnie White was nominated by Judge for the Eastern District of Mis- all these nominations. I would like to President Clinton in June of 1997—not souri. I was delighted when last Friday, work with those Senators whom the June of 1999 or 1998, but June of 1997. It the Democratic leader was able to an- Majority Leader is protecting from took 11 months before the Senate nounce that we had finally been able to having to vote on the Paez and Berzon would allow him to have a confirma- obtain Republican agreement to vote nominations, but I do not know who they are. Despite the policy against se- tion hearing. At that hearing, the sen- on this nomination. I thank the Demo- cret holds, there are apparently secret ior Senator from Missouri, Mr. BOND, cratic leader and all who have helped Senate holds against both Paez and and Representative BILL CLAY, the bring us to the vote tomorrow on the Berzon. That is wrong and unfair. dean of the State’s congressional dele- nomination of Justice White. It has As we prepare to vote on the nomina- gation, came forward with strong been a long time coming. tion of Ted Stewart, the Senate should Tomorrow the Senate will act on the praise for the nominee. Senator BOND also be voting on the nominations of nomination of Brian Theadore Stewart, urged Members to act fairly on Judge Judge Richard Paez and Marsha who has not had to wait a long time White’s nomination to the district Berzon. The Stewart nomination has with the others. I have said over the court and noted Justice White’s integ- been pending barely 2 months, the rity, character, and qualifications, and last few weeks that I do not begrudge Berzon nomination has been stalled for concluded that he believes Justice Ted Stewart a Senate vote; rather, I almost 2 years and the Paez nomina- White understands the role of a Federal believe that all the judicial nomina- tion has set a new, all-time record, judge is to interpret the law, not to tions on the Senate Executive Calendar having now been pending for almost 4 make law. deserve a fair up or down vote. That in- years. The Paez nomination was re- Once considered at a hearing, Justice cludes Judge Richard Paez, who was ferred to in the Los Angeles Times re- White’s nomination was reported favor- first nominated 44 months ago and cently as the ‘‘Cal Ripken of judicial ably on a 13–3 vote by the Senate Judi- Marsha Berzon who was first nomi- confirmation battles.’’ What is most ciary Committee on May 21, 1998. Sen- nated 20 months ago. shameful is that the Senate is ob- ators HATCH, THURMOND, GRASSLEY, Tomorrow we will vote on the Stew- structing an up-or-down vote on these SPECTER, KYL, and DEWINE were the art nomination but Senate Republicans nominations without debate, without Republican Members voting for him, still refuse to vote on these two other accountability and under the cloak of along with all Democratic Members. qualified nominees who have been anonymity. Even though he was voted out 13–3, pending far longer. Certainly no President has consulted the nomination was held on the Senate The Senate was able to consider and more closely with Senators of the Executive Calendar without action vote on the nomination of Robert Bork other party on judicial nominations, until the Senate adjourned last year, to the United States Supreme Court in which has greatly expanded the time and returned to the President after 16 12 weeks, the Senate was able to con- this Administration has taken to make months with no Senate action. A secret sider and vote on the nomination of nominations. The Senate should get hold had done its work and cost this Justice Clarence Thomas in 14 weeks. about the business of voting on the fine man and outstanding jurist an up- It is now approximately 2 months from confirmation of the scores of judicial or-down vote. The President renomi- the Senate’s receipt of the Stewart nominations that have been delayed nated him back in January of this nomination, and we are now about to without justification for too long. We year. We reported his nomination fa- vote on his confirmation. I feel even should start by voting up or down on vorably a second time this year a few more strongly that we should also be the Paez and Berzon nominations with- months ago. voting on the nomination of Judge out further delay. That is the fair Justice White deserves better than Richard Paez, which has been pending thing to do. The Majority Leader com- benign negligence. The people of Mis- almost 4 years, and that of Marsha mitted last Friday to finding a way to souri deserve a fully qualified and Berzon, which has been pending almost bring these two nominations to a vote. staffed Federal bench. He has one of 2 years. It is time for those votes to be occur. the finest records and experience of Despite strong opposition from many This summer, in his remarks to the any lawyer to come before the Judici- quarters from Utah and around the American Bar Association, the Presi- ary Committee in my 25 years there. country, from environmentalists and dent, again, urged us to action. We He served in the Missouri Legislature, civil rights advocates alike, I did not must redouble our efforts to work with the Office of the City Council for the oppose the Stewart nomination in the President to end the longstanding city of St. Louis, and as a judge in the Committee. I noted Mr. Stewart’s com- vacancies that plague the federal Court of Appeals for the Eastern Dis- mitment to examine his role in a num- courts and disadvantage all Americans. trict of Missouri before his current ber of environmental matters while in That is our constitutional responsi- service as the first African American the State government and to recuse bility. I continue to urge the Repub- ever to serve on the Missouri Supreme himself from hearing cases in those lican Senate leadership to attend to Court. areas. In response to questions from these nominations without obstruction I believe he will be an invaluable Chairman HATCH and Senator FEIN- and proceed to vote on them with dis- asset. I am pleased we are finally hav- GOLD, Mr. Stewart committed to ‘‘lib- patch. The continuing refusal to vote ing a discussion, even though 27 erally interpret’’ the recusal standards on the nominations of Judge Richard months is too long to wait, too long to to ensure that those matters would be Paez and Marsha Berzon demeans the wait for a floor vote, on this distin- heard by a fair and impartial judge and Senate and all Americans.

VerDate 30-SEP-99 03:04 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.067 pfrm01 PsN: S04PT1 S11870 CONGRESSIONAL RECORD — SENATE October 4, 1999 It is my hope that the example we set tions develop. I was very hopeful, in I am glad we are doing it. But we have here tonight and tomorrow will move this new round of approvals we have to be fair and look at this terrific the Senate into a new and more pro- gone through—and I am grateful for judge, Judge Richard Paez. ductive chapter of our efforts to con- the fact we have moved a few judges I think we have an obligation to him sider judicial nominations. We are pro- through—I was hopeful we would break and his family, and frankly, to the ceeding to vote on a judicial nominee the logjam with Judge Richard Paez President, who is the President who that some Democratic Senators oppose and with Marsha Berzon, for several has nominated this gentleman several in order to demonstrate our commit- reasons. times. ment to fairness for all. There was One, they are terrific people. They Sure, if the shoe was on the other never a justification for the Republican would make great judges. They were foot and we had a Republican Presi- majority to deny any judicial nominees voted out of the committee several dent, I do believe my colleagues would a fair up or down vote. There is no ex- times. They deserve a vote. They have be saying: Give us an up-or-down vote. cuse for their continuing failure to do loving family members. I have had the I do not think that Richard Paez, the so. wonderful opportunity to meet their wonderful human being that he is, de- I will close with this. Let us move to families: In the case of Richard Paez, serves to be strung out by the Senate— a new and more productive chapter in his wife and children; in the case of 31⁄2 years strung out. I cannot under- our efforts to consider judicial nomina- Marsha, her husband and children. stand why. I looked back through the tions. Let us erase what has become a They are waiting for something to hap- record, and there is no one else who has badge of shame for the Senate: You are pen. This is not fair. been treated like this. a judicial nominee, and if you are a mi- So while I am glad we are moving I say to my Republican friends, we do nority or a woman, no matter how good some court nominees—I am pleased we not know who has put a hold—— your qualifications are, you take much are doing that—I think we need to do The PRESIDING OFFICER. The time longer to go through this body than more in the interests of the country. allotted to the Senator from Vermont does a white male. That is a badge of We need to do more. In the interests of has expired. shame on this great institution. Before fairness to these people, we need to do Mrs. BOXER. What is the agreement we finish this year, we should erase it. more. because Senator LEAHY’s staff is sur- We should say the Senate does not Let me go into a few details about prised his time has run out. Can the have a gender or a race or ethnicity Richard Paez. Currently, he serves on Chair tell me how much time remains? qualification for judges. The Senate the Federal bench as a district court The PRESIDING OFFICER. There will vote on men nominees; vote them judge in the Central District of Cali- was to be 45 minutes equally divided up or vote them down, but we will vote fornia. He was first nominated by between the Senator from Vermont and on them. We will not say if you are a President Clinton to the court of ap- the chairman of the Judiciary Com- woman or a minority you have to wait peals on January 25, 1996. Seven mittee, Senator HATCH, with an addi- longer than anybody else because that months later, on July 31, 1996, the Judi- tional 15 minutes reserved for the dis- is what the Senate has been doing and ciary Committee finally held a hearing tinguished Senator from Missouri. it is wrong. It is shameful. It is inex- on Judge Paez’ nomination. Mr. BENNETT. Mr. President, I will cusable. It demeans this great and won- Let me point out something. This is be happy to yield an additional 2 or 3 derful institution. the same Judge Paez who came right minutes to the Senator from California Mrs. BOXER addressed the Chair. through this Senate when we supported so she may finish her statement. The PRESIDING OFFICER. Who him for district court. So he is not a Mrs. BOXER. Can the Senator from yields time? stranger to the Judiciary Committee. Utah make that 7 minutes since we ac- Mr. LEAHY. I yield time to the Sen- He is not a stranger to the Senate. We commodated the Senator from Mis- ator from California. already approved him when he was souri? If I may have 7 minutes, I can The PRESIDING OFFICER. The Sen- nominated and took his seat on the dis- conclude. ator from California. trict court. So here we have a situation Mr. BENNETT. I accede to the unani- Mrs. BOXER. Mr. President, I know where it took him 7 months to get his mous consent request for 7 additional my colleague from Missouri is going to first hearing and then the Senate ad- minutes, not coming off our time. speak, as will others. But I did want to journed for the year without having re- The PRESIDING OFFICER. Without follow the great Senator from ported the nomination. That was 1996. objection, it is so ordered. Vermont, Mr. PAT LEAHY, who has Now we get to 1997. The President Mrs. BOXER. Mr. President, I thank done such an admirable job as the nominates Judge Paez for the second my colleague. I will try to finish in 5. ranking member of the Judiciary Com- time. On February 25, the Judiciary I have not gotten to Marsha Berzon mittee in fighting for fairness. If you Committee held a second hearing on yet. listen to his remarks carefully, what the nomination. That was 1997. We are setting a record of which we he is basically saying is: Bring to the On March 19, 1998, 1 year and 2 should not be proud. This man has been floor of the Senate the nominees who months later, Judge Paez’ nomination strung out for 31⁄2 years. He is a good have been voted out of the committee; was finally reported by the Judiciary man. He has a solid record, and we let’s debate them; let’s talk about Committee to the full Senate. But in have an obligation to him and his fam- them; let’s talk about their merits. If the 7 months following, the Senate ily, the members of the legal and law you have a problem with them, put it failed to act on the nomination, and it enforcement communities, to the judi- out there. But let’s vote. That is the adjourned with that nomination still cial system itself, and to the Latino least we can do for these good people. on the Executive Calendar. community that is so very proud of Every single one of these people who Again, this year, for the third time, him. Again, the Senate approved him have gone through the committee, has the President nominates Richard Paez to the district court. He has served a current job. When they were nomi- to the Ninth Circuit Court. May I say, with distinction there. nated, and especially when they were there are several vacancies on that Judge Paez not only served in the voted out of the committee, they as- court, more than half a dozen. So we district court, but he also served 13 sumed they would be going to a new are looking at a court that is not run- years as a judge on the L.A. Municipal job, to be a judge. They had every rea- ning at full speed. When there are 28 Court, one of the largest municipal son to assume that because a good vote members is when they are completely courts in the country. He is such a out of that committee—getting the full. Now they have all these vacancies. leader that his colleagues elected him support of Senator HATCH and usually So the nomination is reported favor- to serve as both supervising judge and one or two or three more on the Repub- ably by the Judiciary Committee on presiding judge. lican side, and all the Democrats— July 29 of this year, but again the full His support in the law enforcement means you had the votes to get to the Senate has failed to act. community is pretty overwhelming. floor of the Senate. So it brings us to this day, where we The late Sheriff Sherman Block of Los As my friend has pointed out, it is have a little bit of a breakthrough. We Angeles, a Republican, supported him. very sad. We have had some bad situa- are going to move forward five judges. He is supported by Sheldon Sloan, the

VerDate 30-SEP-99 03:30 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.070 pfrm01 PsN: S04PT1 October 4, 1999 CONGRESSIONAL RECORD — SENATE S11871 former chairman of the judicial selec- We have lots of vacancies on this Mr. President, I thank Senator BEN- tion committees for both Senators court, and we have two fine people who NETT for his kindness in giving me the Pete Wilson and John Seymour. are just waiting for the chance to additional time. I look forward to mov- He is supported by Representative serve. These people do not come along ing forward with these nominees we JAMES ROGAN, who was his colleague every day. have before us and certainly, at a min- on the municipal court. Those who I want to address myself to the ques- imum, on Marsha Berzon, Richard know me and JAMES ROGAN know we do tion raised by my friend from Vermont Paez, and the others who are waiting in not agree on a lot of things. We agree who has shared with me that there the wings for their day. I yield the on Judge Paez. have been some independent studies floor. He is supported by Gil Garcetti, dis- that show, sadly, that if you are a mi- The PRESIDING OFFICER. Who trict attorney for Los Angeles. nority, or if you are a woman, you do yields time? The Senator from Mis- All these people have written won- not seem to get looked at by the Sen- souri. derful things about him. ate; you do not seem to get acted on. Mr. ASHCROFT. Mr. President, I be- James Hahn, the Los Angeles city at- You hang around; you wait around for lieve I have 15 minutes on the nomina- torney, says ‘‘his ethical standards are a vote. tion of Missouri Supreme Court Judge of the highest caliber. . . .’’ This is not a reputation the Senate Ronnie White. Peter Brodie, president of the Asso- wants. We want to give everyone a The PRESIDING OFFICER. The Sen- ciation of L.A. Deputy Sheriffs, a 6,000- chance, and these are two candidates, a ator is correct. member organization, wrote to Chair- woman and a minority, who are so Mr. ASHCROFT. Mr. President, I rise man HATCH in support of Judge Paez’s qualified that they were voted out in a today to oppose the nomination of nomination. bipartisan vote of the committee. I call Judge Ronnie White to the United The commissioner of the Department on my friends on the other side of the States District Court for the Eastern of California Highway Patrol says that aisle who may be holding up these District of Missouri. ‘‘Judge Paez . . . [is very] well quali- nominees—I do not know who they are. Confirming judges is serious busi- fied,’’ and ‘‘his character and integrity I thought we said you have to come out ness. People we put into these Federal are impeccable.’’ and identify yourself, but so far I do judgeships are there for life, removed We have a good man here. Let’s vote not know who is holding these up. only with great difficulty, as is evi- him up or down. I know the Senate will I beg of you, in the name of fairness denced by the fact that removals have vote him in. I know that. I have not and justice and all things that are good been extremely rare. only spoken, I say to my friend from in our country, give people a chance. If There is enormous power on the Fed- Vermont, to Democrats, but I have spo- you do not think they are good, if you eral bench. Most of us have seen things ken to Republicans who intend to sup- have a problem with something they happen through judges that could port him. So he will win that vote. said or did, bring it down to the floor. never have gotten through the House The second nominee, Marsha Berzon, We can debate it. But please do not or Senate. is another example of a longstanding hold up these nominees. It is wrong. Alexander Hamilton, in Federalist nominee who is being denied a vote by You would not do it to a friend. You Paper No. 78, put it this way: the full Senate. would not do it to someone of whom If [judges] should be disposed to exercise In 1998—Senator LEAHY laid it out— you thought highly, so do not do it to she received an extensive two-part con- will instead of judgment, the consequence these good people. They have families. would equally be the substitution of their firmation hearing, written questions, They have jobs. They have careers. pleasure to that of the legislative body. written answers, and she extensively They are good people. Alexander Hamilton, at the begin- answered every question of the com- All we are asking for is a vote. I do ning of this Nation, knew just how im- mittee. In 1999, she was favorably re- not want to see people throughout the portant it was for us to look carefully ported out of the committee. country coming to see us in our offices Again, she is so well qualified. Mar- at those who would be nominated for and claiming that women and minori- and confirmed to serve as judges. sha Berzon graduated cum laude from ties are not getting fair treatment. Radcliffe College in 1966, and in 1973, A judge who substitutes his will or That is not what we should be about, her will for the legislative will, by dis- she received her Juris Doctor from UC and I do not think that is what we are Berkeley, Boalt Hall Law School, one placing the legislative intent in enlarg- about. But that is the kind of reputa- ing the Constitution or amending it by of the greatest law schools in the coun- tion this Senate is getting across this try. saying, it is an evolutionary document land. and I am going to say now it has She has written dozens of U.S. Su- We can fix it. We should follow the evolved to this state or that state, as preme Court briefs and has argued four leadership of Senator LEAHY from opposed to an earlier state—that kind court cases before the U.S. Supreme Vermont because he has said very of judge is involved in what I call ‘‘ju- Court. She has had extensive experi- clearly for many months now: Bring dicial activism.’’ Judicial activism is ence appearing in Federal appeals these good people forward. courts, and it goes on and on. I want to say a kind word about Sen- simply the substitution of one’s per- sonal politics instead of the legislative She has received significant Repub- ator HATCH. Senator HATCH has said to lican support. Former Republican Sen- me from day 1: Senator BOXER, when will as expressed in our documents of ator James McClure of Idaho says: you bring me a nominee, I want you to the Constitution or in the law. What becomes clear is that Ms. Berzon’s make sure that not only are they well At no other place in our Republic do intellect, experience and unquestioned integ- qualified, but that they have bipartisan voters have virtually no recourse. This rity have led to strong and bipartisan sup- support. is an important thing for us to consider port for her appointment. He looked me in the eye, even though as we evaluate judges and we seek to J. Dennis McQuaid, an attorney from he is a foot taller, and said: You prom- determine whether or not their con- Marin County, my opponent when I ise me that. firmation would be appropriate. first ran for the House of Representa- I said: Senator HATCH, I will do that. So as it relates to Judge Ronnie tives in 1982, says of Marsha: I have done that in these cases. These White, who serves now as a supreme Unlike some advocates, she enjoys a rep- are two Ninth Circuit nominees who court judge in the State of Missouri, utation that is devoid of any remotely par- were nominated by the President, but I upon his nomination I began to under- tisan agenda. have supported them and Senator FEIN- take a review of his opinions, and espe- W.I. Usery, a former Republican Sec- STEIN has supported them. They got cially those circumstances and dissents retary of Labor under President Ford, the vote of Senator HATCH because he where, as a judge on the Missouri Su- has said that Marsha Berzon has all the knows we have been very careful to preme Court, Judge White would have qualifications needed, and he goes on. nominate people who have mainstream sought to change or otherwise extend Senator SPECTER has said very flat- support in the community. I promised or amend the law as it related to a va- tering things about Marsha Berzon. him that. I have done that. He has been riety of matters, especially in the area She has strong support from both sides fair to me. I hope all of the Senate will of criminal law. I also heeded carefully of the aisle. be fair to these two nominees. his answers during his confirmation

VerDate 30-SEP-99 03:30 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.073 pfrm01 PsN: S04PT1 S11872 CONGRESSIONAL RECORD — SENATE October 4, 1999 hearing and his answers to followup Police Chiefs. There are prosecutors Then as another officer arrived on questions. who have come to me and asked me to the scene in her car, Johnson shot and I believe Judge White’s opinions have think very carefully about the quali- killed her. It was then that Johnson been and, if confirmed, his opinions on fications and the philosophy expressed fled to the house of an elderly woman the Federal bench will continue to be by this nominee. who he held hostage for 24 hours. She procriminal and activist, with a slant This opposition stems largely from eventually convinced Johnson to re- toward criminals and defendants Judge White’s opinions in capital mur- lease her, and she notified the authori- against prosecutors and the culture in der cases. These opinions, and particu- ties who apprehended Johnson. He was terms of maintaining order; he will use larly his dissents, reflect a serious bias tried and convicted on four counts of his lifetime appointment to push law in against a willingness to impose the first degree murder and given four a procriminal direction, consistent death penalty. death sentences, convicted on all with his own personal political agenda, Judge White has been more liberal on counts, received four separate death rather than defer to the legislative will the death penalty during his tenure sentences. In a sole dissent urging a of the people and interpret the law than any other judge on the Missouri lower legal standard so that this con- rather than expand it or redirect the Supreme Court. He has dissented in victed multiple cop killer would be al- law. death penalty cases more than any lowed a second bite at the apple to con- I believe the law should be inter- other judge during his tenure. He has vince a different jury that he was not preted as written, as intended by the written or joined in three times as guilty, Ronnie White sought to give legislature, not as amended or ex- many dissents in death penalty cases, James Johnson another chance. panded by the courts. I believe Judge and apparently it is unimportant how Sheriff Jones, obviously, opposes this White will, as Alexander Hamilton so gruesome or egregious the facts or how nomination. He is urging law enforce- aptly described in Federalist 78, im- clear the evidence of guilt. He has been ment officers to oppose it because he properly ‘‘exercise will instead of judg- very willing to say: We should seek, at believes there is a pattern of these ment.’’ This is particularly true in the every turn, in some of these cases to kinds of decisions in the opinions and area of criminal law. provide an additional opportunity for dissents of Judge White. He believes I am not alone in this view. Judge an individual to escape punishment. there is a pattern of procriminal opin- White’s nomination has sparked strong This bias is especially troubling to ions, and I think if one looks carefully, concerns from a large number of Mis- me because, if confirmed, Judge White one might see that pattern. souri law enforcement officials. Sev- will have the power to review the death Judge White was also the sole dis- enty-seven of the 114 sheriffs in the penalty decisions of the Missouri Su- senter in a case called Missouri v. State of Missouri have decided to call preme Court on habeas corpus. In the Kinder. In that case, the defendant our attention to Judge White’s record seat of district court, Judge White’s raped and beat a woman to death with in the criminal law. I do not take light- sole dissents are transformed into a a lead pipe. White voted to grant the ly the fact that 77 of these law enforce- veto power over the judicial system of defendant a new trial, despite clear evi- ment, ground-zero sheriffs—people who the State of Missouri. I do not think dence of guilt, including eyewitness actually are involved in making the ar- that should happen. testimony that Kinder was seen leav- rests and apprehending those who have Let me give you an example of Judge ing the scene of the crime at the time broken the law—would ask us to look White’s sole dissent in the highly pub- of the murder with a pipe in his hand, very carefully at this nominee. They licized case of Missouri v. Johnson. and genetic material was found with cite specific opinions he has written James R. Johnson was a brutal cop the victim. White dissented based on and say these are the kinds of opinions killer. He went on a shooting rampage the alleged racial bias of the judge, that give them great pause. in a small town called Carolina, MO. It which he urged was made evident by a Anyone who knows something about sent shock waves across the entire press release the judge had issued to Missouri’s political system knows that State in 1991—during the time I had explain his change in party affiliation. 77 out of 114 sheriffs would be a bipar- the privilege to serve as Governor of The judge changed parties at sometime tisan delegation. As a matter of fact, the State. At that time, James John- prior to this case, and the judge, in ex- over 70 percent of all the public offi- son stalked and killed a sheriff, two plaining his change of party, said he cials in Missouri who are nominated sheriff’s deputies, and Pamela Jones, a was opposed to affirmative action, dis- and elected are Democrats. So you sheriff’s wife. criminating in favor of one race over have 77 of the 114 sheriffs of Missouri Johnson first shot a deputy who had another race. He left the one party he on record saying: Look carefully. responded to a call about a domestic was in because he disagreed with their Evaluate very carefully this nominee dispute at Johnson’s house. He shot the position on affirmative action. That to the federal bench. deputy in the back and then walked was the only basis for Judge White to The Missouri Federation of Police over, as the deputy lay on the ground, provide a new opportunity for this indi- Chiefs, an organization of police chiefs and shot him in the forehead, killing vidual to get a second bite at the apple, that spreads all across the State of him. not the evidence about his conduct, the Missouri, has indicated to us that we Johnson then reloaded his car with genetic material, or the eyewitness tes- ought to tread very lightly here. As a guns and drove to the local sheriff’s timony. matter of fact, they express real shock home. There the sheriff’s wife, Pamela Judge White’s procriminal jurispru- and dismay at the nomination. Pros- Jones, was having a Christmas party. dence is not limited to murder cases. It ecutors have contacted me with their Johnson fired a rifle repeatedly extends to drug cases as well. In the public letters. And, frankly, other through the window, hitting Mrs. Jones case of Missouri v. Damask, Judge judges in the State have suggested to five times. Mrs. Jones died of those White’s sole dissent in a drug and me I should think and consider very wounds in her home in front of her weapons seizure case, I think, reveals carefully whether or not we proceed in family. this same tendency on the part of this this matter. Then Johnson went to another dep- judge to rule in favor of criminal de- The letter from the Missouri Federa- uty sheriff’s home and shot him fendants and the accused in a tion of Police Chiefs is very direct. It through a window as the deputy spoke procriminal matter and procriminal says: on the phone. That deputy was lucky manner. We want to go on record with your offices and survived. This was a case, Missouri v. Damask, as being opposed to his nomination and hope Johnson then went to the sheriff’s of- about a drug checkpoint set up by the you will vote against him. fice, where other law enforcement offi- Missouri State police. The State police I want to express that the concern cers had assembled to try to address had erected a traffic sign on the high- about Judge Ronnie White is far broad- the ongoing rampage that was terror- way in the middle of the night indi- er than some of us in the Senate; it izing the town. Johnson lay in wait cating ‘‘drug checkpoint ahead.’’ The goes to a majority of the sheriffs in the until officers left the meeting and then sign was placed just before a remote State, with an official letter of expres- opened fire on them, killing one offi- exit, one which only local residents sion from the Missouri Federation of cer. would have cause to use. Those seeking

VerDate 30-SEP-99 03:04 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.076 pfrm01 PsN: S04PT1 October 4, 1999 CONGRESSIONAL RECORD — SENATE S11873 to avoid the ‘‘drug checkpoint’’ by or favor. As law enforcement officers, sents or items from other judges from exiting met with a real drug check- we need judges who will back us up and other timeframes, longer intervals, and point at the top of the exit ramp. There not go looking for outrageous tech- a variety of different facts, with the were no gas stations, no restaurants or nicalities so a criminal can get off. We tenure that Judge Ronnie White has facilities at that exit. Motorists don’t need a judge such as Ronnie served is like comparing apples and or- exiting at that exit were stopped and White on the Federal court bench. anges. And the numerics thereof, with- asked why they exited. If police were I quote again from another para- out that additional aspect of the situa- able to determine from their answers graph: The Johnson case isn’t the only tion being revealed, may appear to that they were suitably suspicious to antideath penalty ruling by Judge cause a conclusion that would be dif- warrant a search, they searched their White. He has voted against capital ferent. cars. It was a very successful program, punishment more than any other judge With that in mind, if you will think netting numerous arrests. on the court. I believe there is a pat- carefully about what I said, I believe I The Missouri Supreme Court upheld tern here. To me, Ronnie White is thought carefully when I said ‘‘Judge the practice as a reasonable search and clearly the wrong person to entrust White’s record during his tenure’’; that seizure under the fourth amendment, with the tremendous power of a Fed- is what you have to be able to compare, consistent with many rulings of our eral judge who serves for life. judges during the same interval of Federal courts interpreting the fourth A letter from a prosecutor: Judge time. With that in mind, during that amendment. White’s record is unmistakably antilaw same interval of time, he has been the Judge White was the sole dissenter in enforcement, and we believe his nomi- champion of those dissenting in death an opinion that seemed less concerned nation should be defeated. His rulings penalty cases and has dissented in with the established fourth amendment and dissenting opinions on capital ways which, very frankly, have occa- precedent than with whether the cases and on fourth amendment issues sioned an outcry from the law enforce- search was intimidating. Judge White’s should be disqualifying factors when ment community in Missouri. None of opinion would have hamstrung this ef- considering his nomination. the other judges that I know of have fective tool in the war on drugs. A letter from the Missouri Sheriffs been the recipients of that kind of out- The PRESIDING OFFICER. The Sen- Association: Attached please find a cry. ator’s time has expired. copy of the dissenting opinion rendered There is one final point that I will Mr. BENNETT. Mr. President, I yield by Missouri Supreme Court Judge Ron- make. Those are other notable judges the Senator an additional 10 minutes. nie White in the case of State of Mis- and they have records and serve on the Mr. ASHCROFT. I thank the Senator souri v. James R. Johnson. Missouri Supreme Court. They are not from Utah. Then a recitation of how James persons against whom the law enforce- It is these opinions and other opin- Johnson murdered Pam Jones, the wife ment community has raised issues. But ions like them that have generated the of the Moniteau County sheriff, Kenny they are also not persons who have concern in the Missouri law enforce- Jones. And then: As per attached, the been nominated for service on the U.S. ment community about Judge White Missouri Sheriffs strongly encourage District Court, a court which could set and have caused me to conclude that I you to consider this dissenting opinion aside the verdicts of the Missouri Su- must oppose his confirmation. It in the nomination of Judge Ronnie preme Court in habeas corpus cases. So doesn’t mean I oppose his coming to White to be a U.S. district court judge. while I think those particular judges the floor. I am entirely willing to let Mr. LEAHY. Will the Senator yield are important—and if they are nomi- the Senate express itself in this re- for a question? Mr. President, will the nated for the Federal Court, I think we spect. But I urge my fellow Senators to Senator from Missouri yield for a ques- ought to look carefully at their work consider whether we should sanction tion? product. the life appointment to the responsi- Mr. ASHCROFT. Yes, I will. So there are two points to be made bility of a Federal district court judge Mr. LEAHY. It is my understanding here. One, the relevance of the numbers for one who has earned a vote of no that Justice White has voted 17 times is only relevant in the context of the confidence from so many in the law en- for death penalty reversals. Is that the interval. To suggest that the numbers forcement community in the State in understanding of the Senator from Mis- are out there, without defining the in- which he resides. Many of my fellow souri? terval, would be inappropriate and mis- Senators on the Judiciary Committee Mr. ASHCROFT. I don’t have the spe- leading. So I would not do that. determined we should not and voted cific count. Secondly, I think the relevance of a against his nomination. Mr. LEAHY. The numbers I have seen record that is unsatisfactory is directly I ask my fellow Senators to review are that he has voted 17 times for re- appropriate to the judge who has been Judge White’s record carefully. Keep in versal. Justice Covington, however, has nominated. So we are not here to talk mind that he will not only sit for life, voted 24 times for reversal in death about other judges so much as we are but he will still have occasion to vote penalty cases; Justice Holstein, 24 to talk about whether or not Ronnie on death penalty cases reviewed by the times; Justice Benton, 19 times; and White ought to be confirmed as a mem- Missouri Supreme Court. Justice Price, 18 times. It would appear ber of the U.S. District Court. In my Again, as a district judge, he will be to me that at least Justices Covington, judgment, the law enforcement com- able to hear habeas corpus petitions Holstein, Benton and Price, all on the munity in Missouri has expressed seri- challenging death sentences that have Supreme Court, have voted many more ous reservations about his lean toward been upheld by the Missouri Supreme times to reverse death sentences than defendants, and I think we should not Court; only, as a district judge, his sole Justice White has. Are these numbers vote to confirm him. I urge my col- dissenting vote will be enough to re- similar to what the Senator from Mis- leagues not to vote to confirm Judge verse a unanimous opinion by the Mis- souri has? White, based on this understanding of souri Supreme Court. He will have a Mr. ASHCROFT. Mr. President, I the Missouri law enforcement commu- veto over the Missouri Supreme Court think I can go to the question here nity and a reading of his judicial pa- in death penalty cases. And based on that I think the Senator is driving at. pers. Judge White’s track record, this is not I will be happy to do that. The judges I yield the floor. a situation that the law-abiding citi- that the Senator from Vermont has The PRESIDING OFFICER. The Sen- zens of Missouri should have to endure. named have served a variety of ten- ator from Utah is recognized. As I conclude my remarks, I will read ures, far in excess of the tenure of Mr. LEAHY. Will the Senator yield some of the text of communications I Judge White. me 30 seconds? have received concerning this nominee. The clear fact is that, during his ten- Mr. BENNETT. I am happy to. Sheriff Kenny Jones, whose wife was ure, he has far more frequently dis- Mr. LEAHY. I just note that Justice murdered by James Johnson, put it sented in capital cases than any other Ronnie White is far more apt to affirm this way: Every law enforcement and judge. He has, I believe, participated in a death penalty decision than to vote every law-abiding citizen needs judges 3 times as many dissents as any other as one of many members of the Su- who will enforce the law without fear judge. To try to compare a list of dis- preme Court to reverse it. He has voted

VerDate 30-SEP-99 03:04 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.078 pfrm01 PsN: S04PT1 S11874 CONGRESSIONAL RECORD — SENATE October 4, 1999 to affirm 41 times and voted to reverse being reversed so much in 1997. The ar- One of the proudest moments in my only 17 times. ticle says: ‘‘There is probably an ele- campaign was the fact that after the Mr. BENNETT. Mr. President, the ment of truth to the claim that the State convention had narrowed the Senator from Alabama has asked for 5 Ninth Circuit has a relatively higher candidates to two, eliminating Ted minutes. I yield 5 minutes to the Sen- proportion of liberal judges than other Stewart, his organization became part ator from Alabama. circuits.’’ It goes on to note how many of my organization. He maintained an Mr. SESSIONS. Mr. President, I are Carter and Clinton nominees. Al- appropriate judicial neutrality between thank the Senator from Utah for his ready, a substantial majority—12 of the me and the other candidate. But our leadership in this matter. I want to active 21 judges—were Carter or Clin- friendship was established and has gone share a few thoughts with Members of ton nominees. There is nothing wrong forward until this day. this body. I do believe in the rule of with that per se, however the nominees I point out that judicial neutrality law. I believe that we ought to main- the White House has been sending to us because it is typical of Ted Stewart. I tain it. I practiced full time in Federal from California have been even more know he had a personal preference. I Courts throughout my career, for al- liberal than the nominees President will not disclose what it was. He was most 17 years. I respect Federal Judges Clinton has nominated in other cir- appropriately judicial, however, in and Federal law deeply. When appro- cuits. I don’t see this kind of activism keeping that personal preference to priate, I have tried to support Presi- in nominees to other circuits. So the himself and taking the position that dent Clinton’s nominees for Federal way I see this thing—and this is impor- was right and proper under those cir- Judgeships, because I believe a Presi- tant for the members of this Senate to cumstances. That demonstrates what dent should have some leeway in decid- realize—we have the responsibility of we hear referred to around here from ing who should serve on the Federal advice and consent on judicial nomina- time to time as ‘‘judicial tempera- bench. tions. That is a responsibility given to ment.’’ But I want to say a couple things us. We have to exercise it. The Senator from Alabama has about the Ninth Circuit. Since I have What I have been saying to President talked about the reversal rate of the been in this body—a little over 2 years Clinton is, Mr. President, listen to us. Ninth Circuit. We have had experience now—having left the practice of law as Let’s get this circuit—this rogue cir- with the reversal rates in the State of a full-time Federal prosecutor, I have cuit—back into line. Give us main- Utah from Federal judges. had an understanding of the Ninth Cir- stream nominees. I remember on one occasion where I cuit better than a lot of other people. I Mr. Fisher is, in my view, a fairly lib- was in the presence of a young woman see Ninth Circuit criminal cases cited eral Clinton appointee. who had served on a jury of a highly in Alabama and other areas very fre- The PRESIDING OFFICER. The Sen- celebrated case in the State of Utah quently because they are usually very ator’s 5 minutes have expired. and had voted in a way that was re- pro-defendant. There will be no other Mr. SESSIONS. If I could have 1 versed when the case got to the circuit criminal case in America that has been more minute. court. I asked her about it because it partial to a defendant in a given situa- Mr. BENNETT. I yield the Senator was interesting to me. She said: Well, I tion—for example a search and seizure, an additional minute. didn’t want to vote that way, and nei- or something like that—and they will Mr. SESSIONS. It is part of our re- ther did any other member of the jury, find a pro-defendant case in the Ninth sponsibility to advise and consent. It is but the charge we received from the Circuit. our duty to examine the state of jus- judge made it impossible for us to vote I can say with confidence, from my tice in America, and to tell President any other way. experience, that the Ninth Circuit au- Clinton that we are not going to con- thorities are not well respected by the tinue to approve activist nominees for After the trial was over, she said she other circuits in America. They are out the Ninth Circuit. We have to have and the other members of the jury were of the mainstream. In fact, the Su- some mainstream legal talent on that visiting with the lawyer who had sup- preme Court has begun to really rap circuit, not ACLU members or the like. ported the losing side, and they apolo- their knuckles consistently. In 1996 and And, if he will give us that, we will af- gized to him for voting against him. 1997, 28 cases from the Ninth Circuit firm them. If he does not, this Senator They said: We thought you had the best went up to the U.S. Supreme Court for will oppose them. case. But under the charge we were review, and 27 of them were reversed. I thank the Chair. I yield my time to given by the judge, we had no choice In 1997 and 1998, 13 out of 17 were re- the Senator from Utah. but to vote against you. The lawyer versed. In 1998 and 1999, it was 14 out of The PRESIDING OFFICER. The Sen- smiled, and said: I know. And I ex- 18. In the past, the numbers have been ator from Utah. pected that to happen because the equally high—for over a decade. Mr. BENNETT. Mr. President, I am judge in this case has such a high The New York Times recently wrote somewhat unfamiliar with the assign- record of reversal that I didn’t want to that a majority of the members of the ment of handling judicial nominees, run the risk of having won a trial in U.S. Supreme Court consider the Ninth that being the daily bread of my senior his court. I knew my chances of win- Circuit to be a ‘‘rogue’’ circuit, a cir- colleague, Senator HATCH. He is unable ning on appeal were far greater if I had cuit out of control based on the history to be here, and therefore has asked me this judge on record against me. of their reversal rates. This is not me to step in in his place. I am glad to do Those who know this judge rated him making this up; that is according to whatever I can to help. as one of the most brilliant men ever the New York Times. Ted Stewart has a background that, appointed to the bench. He may have I have been urging the President of in my view, qualifies him to be a Fed- had that great intellect, but he did not the United States to nominate main- eral judge, a view shared by the Amer- have the common sense and the judi- stream judges for the Ninth Circuit. ican Bar Association that has labeled cial temperament that made it possible That is what we are asking for. Let’s him as qualified, and by a large number for him to do his job. Tragically, the get this circuit back into line so that of Utahans of both political parties. circuit court did his job for him again we can have the largest circuit in I first met Ted Stewart when I de- and again and again at great expense America give the 20 percent of the peo- cided to run for the Senate. I found and inconvenience not only to the judi- ple in the United States who are under that he had beat me in that decision cial system but to those plaintiffs and the Ninth Circuit’s jurisdiction justice and was already in the field. I knew lit- defendants who came before him. consistent with the other circuits in tle or nothing about him. But I quickly I cite that because I am convinced in America. These people are currently learned as we went through the process Judge Stewart’s court you will not find denied this justice because of their ex- of traveling the State in tandem with that kind of bullheadedness and deter- tremely liberal, activist circuit. There the other candidates that he was a man mination to have his own way as we is no other way to say it. There was an of great wisdom, an articulate man, saw in this other court. Oregon Bar Bulletin article that stud- and a man of good humor. We became In Judge Stewart’s court, you will ied this issue. The article examined the fast friends even though we were oppo- find the kind of levelheadedness, the question of why the Ninth Circuit was nents for the same seat. desire to find the right answer, and the

VerDate 30-SEP-99 03:04 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.081 pfrm01 PsN: S04PT1 October 4, 1999 CONGRESSIONAL RECORD — SENATE S11875 willingness to work things out wher- skeleton crew of judges currently pre- Senator has a problem with particular ever possible as he has demonstrated siding on the Ninth Circuit. nominees, he or she should vote throughout his career up to this point. Currently, the Ninth Circuit has against them. But a nominee should He has already had experience on a seven vacancies, which is 25 percent of not be held up interminably by a hand- commission that required him to dem- the total judgeship positions on the ful of Senators. onstrate that kind of judicial tempera- circuit. Let me assure my colleagues, this ment. He handled his assignment there Each one of these judicial vacancies does not mark the end of a fight. At in such a way as to win him the en- qualifies as a judicial emergency. The some point, legislation is not going to dorsement of Democrats as well as Re- Chief Judge of the Ninth Circuit re- move until Marsha Berzon and Judge publicans. ports that the Circuit could handle 750 Richard Paez get an up-or-down vote. I know there is some controversy more cases right now if the vacancies Let me take a moment to discuss the surrounding him because he is the Gov- were filled. nominations process that these two ernor’s chief of staff. There are many Prior to his appointment as Asso- nominees have experienced. people who, looking at the things he ciate Attorney General, Ray Fisher Judge Richard Paez, the first Mexi- has done in his loyalty to the Gov- was considered one of the top trial law- can-American District judge in Los An- ernor, have said: Well, his opinions are yers in Southern California. His legal geles, was nominated on January 25, not acceptable to us. skills are so highly regarded that he re- 1996—almost four years ago. He still They have been critical of him. They cently was inducted into the American hasn’t made it to the Senate Floor for do not know the man if they maintain College of Trial Lawyers, an honor be- a vote. Any problem with his nomina- that criticism because he will never de- stowed on only the top one percent of tion can’t be with his legal back- part from his conviction that the law the profession. ground. comes first. He has demonstrated loy- During his 30 year career in private He has 17 years of judicial experience. alty to those who have appointed him. practice, Ray Fisher specialized in the The American Bar Association found But he has also demonstrated a capac- toughest of cases, complex civil litiga- him to be ‘‘well-qualified.’’ He is also ity to handle the law and handle the tion, and in alternate dispute resolu- strongly supported by the legal com- regulations that he is charged with en- tion. In 1988, he founded the Los Ange- munity in Los Angeles including Gil forcing in a way that will make all les Office of Heller Ehrman, White and Garcetti, the District Attorney, the Americans proud. McAullife, an office that has grown Los Angeles County Police Chiefs’ As- I am happy to join my senior col- from 6 attorneys to 48. sociation and the Association for Los league in endorsing the nomination of The Standing Committee on Federal Angeles Deputy Sheriffs. Judge Paez Ted Stewart for the Federal bench. I Judiciary of the American Bar Associa- has described this interminable nomi- look forward with great enthusiasm to tion has deemed Mr. Fisher ‘‘Well nations process as a ‘‘cloud’’ hanging voting for him tomorrow. Qualified’’ for appointment as Judge of over his head. Litigants in his court I am grateful to the senior Senator constantly query him if the case is the United States Court of Appeals. from Vermont for his announcement going to be continued, if his case is that he, too, will vote for Ted Stewart. Ray Fisher graduated from Stanford Law School in 1966, where he was presi- going to be assigned to someone else, I hope, with both the chairman and the or if Judge Paez is going to keep it. No dent of The Stanford Law Review and ranking member of the Judiciary Com- nominee should have to face this un- awarded the Order of the Coif. Fol- mittee solidly in Judge Stewart’s be- certainty. His family has been thrust lowing law school, he served as a law half, that we will have an overwhelm- into the public limelight, and for four clerk for Judge J. Skelley Wright of ingly positive vote for him. years every action he has taken has United States Court of Appeals for the f been subject to microscopic scrutiny. District of Columbia Circuit and Su- Marsha Berzon was nominated al- NOMINATIONS OF RAY FISHER, preme Court Justice William Brennan. most a year and a half ago. She had her MARSHA BERZON, AND RICHARD I am confident Ray Fisher’s acute in- first hearing on July 30, 1998, and a sec- PAEZ terest in public service, specifically in ond hearing in June 1999. Only in July Mrs. FEINSTEIN. Mr. President, I public safety, and his overarching con- 1999 was she reported out of committee want to first thank our minority leader cern for fairness will serve the Ninth and her nomination is pending before for all of his effort in bringing public Circuit well. the Senate. Nationally renowned appel- attention to the plight of pending judi- However, I am disappointed that the late attorney with over 20 years of ap- cial nominees. Senate could not confirm other pend- pellate practice, she clerked for Su- Thanks to Senator DASCHLE’s efforts, ing Ninth Circuit nominees. Ray Fisher preme Court Justice Brennan and U.S. we have made some progress. Jim is a start, but six vacancies remain on Court of Appeals Judge James Brown- Lorenz, a fine California attorney who the Ninth Circuit Court of Appeals. ing. She graduated Order of the Coif served seven years on my judicial se- Two of those vacancies should be from Boalt Hall, has the support of law lection committee, was confirmed on filled by Marsha Berzon and Judge enforcement including the National As- Friday along with Victor Marrero of Richard Paez. sociation of Police Organizations New York. It is a disturbing fact that women (NAPO) and the International Union of Jim Lorenz’s confirmation will help and minority nominees are having a Police Organizations, has strong bipar- address a desperate shortage of judges difficult time getting confirmed by the tisan support including former Idaho in the Southern District of California. Senate. Senator James Mclure and former EPA I have spoken several times with A report by the independent, bipar- Administrator William D. Ruckels- Marilyn Huff, Chief Judge of the tisan group Citizens for Independent haus. Southern District of California, about Courts released last week found that The slow pace of this nomination has the District’s caseload crisis. during the 105th Congress, the average caused an incredible burden on Marsha A recent judicial survey ranked the time between nomination and con- Berzon both personally and profes- Southern District as the most overbur- firmation for male nominees was 184 sionally. Due to uncertainty over her dened court in the country. The days, while for women it was 249 days— future, she has significantly curtailed weighted average caseload in the a full 2 months longer. her private practice, and no longer is Southern District is 1,006 cases per This disturbing trend continues this representing clients before the Su- judge, more than twice the national av- year. Women and minorities constitute preme Court or the Ninth Circuit. erage. over 55 percent of the President’s nomi- Chief Justice Rehnquist recently said It is also a significant step forward nees in 1999; by contrast, only 41 per- that ‘‘[t]he Senate is surely under no for the Senate that we will have a vote cent of the nominees confirmed this obligation to confirm any particular tomorrow on Associate Attorney Gen- year by the Senate are women or mi- nominee, but after the necessary time eral, Ray Fisher, to be a Circuit Judge norities. for inquiry it should vote him up or on the Ninth Circuit Court of Appeal. All we have ever asked for Marsha vote him down.’’ Ray Fisher is an extraordinary nomi- Berzon and Richard Paez is that both Richard Paez and Marsha Berzon do nee who will add some support to the nominees get an up-or-down vote. If a not deserve to have their distinguished

VerDate 30-SEP-99 04:10 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.058 pfrm01 PsN: S04PT1 S11876 CONGRESSIONAL RECORD — SENATE October 4, 1999 careers and personal lives held in proceeding with a vote on the merits of nomination, wrote, ‘‘[Mr. Stewart] has limbo. Our institutional integrity re- Ted Stewart’s nomination, and we will always been fair and deliberate and quires an up-or-down vote. then proceed upon an arranged sched- shown the moderation and thoughtful- Until Marsha Berzon and Richard ule to vote on other nominees in pre- ness that the judiciary requires.’’ Paez get votes, this nominations proc- cisely the way that was proposed prior And I understand that the American ess will remain tainted. to the filibuster vote. Bar Association has concluded that I assure my colleagues in the Senate Ultimately, it is my hope for us, as Ted Stewart meets the qualifications that the nominations of Marsha Berzon an institution, that instead of sig- for appointment to the federal district and Richard Paez will not fade away. naling a trend, the last two weeks will court. This sentiment is strongly We will keep pressing for these nomi- instead look more like an aberration shared by many in Utah, including the nees until they get the vote they de- that was quickly corrected. I look for- recent president of the Utah State Bar. serve. ward to moving ahead to perform our For these reasons, Mr. Stewart was ap- ∑ Mr. HATCH. Mr. President, it is a constitutional obligation of providing proved for confirmation to the bench great pleasure for me to support—on advice and consent to the President’s by an overwhelming majority vote of the Senate floor—the confirmation of a judicial nominees. the Judiciary Committee. judicial candidate who is the epitome And now, I would like to turn our at- To those who would contend Mr. of good character, broad experience, tention to the merits of Ted Stewart’s Stewart has taken so-called anti-envi- and a judicious temperament. nomination. I have known Ted Stewart ronmental positions, I say: look more First, however, I think it appropriate for many years. I have long respected carefully at his record. Mr. Stewart that I spend a moment to acknowledge his integrity, his commitment to pub- was the director of Utah’s Department the minority for relenting in what I lic service, and his judgment. And I am of Natural Resources for 5 years, and consider to have been an ill-conceived pleased that President Clinton saw fit the fact is that his whole record has gambit to politicize the judicial con- to nominate this fine man for a seat on earned the respect and support of many firmations process. My colleagues ap- the United States District Court for local environmental groups. pear to have made history on Sep- the District of Utah. Indeed, for his actions in protecting tember 21 by preventing the invocation Mr. Stewart received his law degree reserve water rights in Zion National of cloture for the first time ever on a from the University of Utah School of Park, Mr. Stewart was enthusiastically district judge’s nomination. Law and his undergraduate degree from praised by this administration’s Sec- This was—and still is—gravely dis- Utah State University. He worked as a retary of the Interior. appointing to me. In a body whose best practicing lawyer in Salt Lake City for And consider the encomiums from moments have been those in which six years. And he served as trial coun- the following persons hailing from statesmanship triumphs over partisan- sel with the Judge Advocate General in Utah’s environmental community: ship, this unfortunate statistic does the Utah National Guard. R.G. Valentine, of the Utah Wetlands not make for a proud legacy. In 1981, Mr. Stewart came to Wash- Foundation, wrote, ‘‘Mr. Stewart’s My colleagues—who were motivated ington to work with Congressman JIM judgment and judicial evaluation of by the legitimate goal of gaining votes HANSEN. His practical legal experience any project or issue has been one of un- on two particular nominees—pursued a served him well on Capitol Hill, where biased and balanced results.’’ short term offensive which failed to ac- he was intimately involved in the And Don Peay, of the conservation complish their objective and risked drafting of legislation. group Sportsmen for Fish and Wildlife, long-term peril for the nation’s judici- Mr. Stewart’s outstanding record in wrote, ‘‘I have nothing but respect for ary. There now exists on the books a private practice and in the legislative a man who is honest, fair, considerate, fresh precedent to filibuster judicial branch earned him an appointment to and extremely capable.’’ nominees whose nominations either po- the Utah Public Service Commission in Indeed, far from criticism, Mr. Stew- litical party disagrees with. 1985. For 7 years, he served in a quasi- art deserves praise for his major ac- I have always, and consistently, judicial capacity on the commission, complishments in protecting the envi- taken the position that the Senate conducting hearings, receiving evi- ronment. must address the qualifications of a ju- dence, and rendering decisions with Ultimately, the legion of letters and dicial nominee by a majority vote, and findings of fact and conclusions of law. testaments in support of Mr. Stewart’s that the 41 votes necessary to defeat Mr. Stewart then brought his experi- nomination reflects the balanced and cloture are no substitute for the demo- ence as a practicing lawyer, as a legis- fair judgment that he has exhibited cratic and constitutional principles lative aide, and as a quasi-judicial offi- over his long and distinguished career. that underlie this body’s majoritarian cer, to the executive branch in state Those who know Ted Stewart know he premise for confirmation to our federal government. Beginning in 1992, he will continue to serve the public well. judiciary. served as Executive Director of the On a final note, Ted Stewart is need- But now the Senate is moving for- Utah Departments of Commerce and ed in Utah. The seat he will be taking ward with the nomination of Ted Stew- Natural Resources. And since 1998, Mr. has been vacant since 1997. So, I am art. I think some of my colleagues real- Stewart has served as the chief of staff deeply gratified that the Senate is now ized they had erred in drawing lines in of Governor Mike Leavitt. considering Mr. Stewart for confirma- the sand, and that their position Throughout Mr. Stewart’s career, in tion.∑ threatened to do lasting damage to the private practice, in the legislative f Senate’s confirmation process, the in- branch, in the executive branch and as tegrity of the institution, and the judi- a quasi-judicial officer, he has earned LEGISLATIVE SESSION cial branch. the respect of those who have worked Mr. BENNETT. Mr. President, I ask The record of the Judiciary Com- for him, those who have worked with unanimous consent that the Senate re- mittee in processing nominees is a him, and those who were affected by sume legislative session. good one. I believe the Senate realized his decisions. And a large number of The PRESIDING OFFICER. Without that the Committee will continue to people from all walks of life and both objection, it is so ordered. hold hearings on those judicial nomi- sides of the political aisle have written The Senate resumed legislative ses- nees who are qualified, have appro- letters supporting Mr. Stewart’s nomi- sion. priate judicial temperament, and who nation. f respect the rule of law. I had assured James Jenkins, former president of my colleagues of this before we reached the Utah State Bar, wrote, ‘‘Ted’s rep- MORNING BUSINESS this temporary impasse and I reiterate utation for good character and indus- Mr. BENNETT. Mr. President, I ask this commitment today. try and his temperament of fairness, unanimous consent that there be a pe- This is not a time for partisan dec- objectivity, courtesy, and patience riod of morning business with Senators larations of victory, but I am pleased [are] without blemish.’’ to speak for up to 5 minutes each. that my colleagues revisited their deci- Utah State Senator, Mike Dmitrich, The PRESIDING OFFICER. Without sion to hold up the nomination. We are one of many Democrats supporting this objection, it is so ordered.

VerDate 30-SEP-99 03:09 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.055 pfrm01 PsN: S04PT1 October 4, 1999 CONGRESSIONAL RECORD — SENATE S11877 HOPE FOR AFRICA BILL businesses and workers a better chance tions of a significant piece of their cur- Mr. FEINGOLD. Mr. President, on to establish sustainable trade-gen- rent debt, supporting environmental September 24 I introduced a new Africa erated economic development. protections and human rights in these trade bill—S. 1636, the HOPE for Africa My bill includes strong protections developing economies, and giving Afri- Act—a bill that will invigorate com- against the backdoor tactic of illegal can businesses—including small and mercial relationships between the transshipment of goods from China and women-owned businesses—a chance to United States and African trading other third countries through Africa to share in the burgeoning global econ- partners, with healthy results for both. the United States, that would cheat omy. It expands trade between Africa and workers and companies here and in Af- I was pleased to announce my inten- the United States, offers United States rica of hard-earned opportunities. tion to offer this legislation at a press companies new opportunities to invest Provisions of my bill will help deter conference recently in Milwaukee in African economies, and promises the influx to the African continent of along with several representatives of new HOPE for the people of Sub-Saha- lower-wage workers from outside Afri- the state legislature and the local busi- ran Africa themselves, who are strug- ca, ensuring that Africans themselves ness community. Mr. President, the current level of gling against daunting odds to gain a will be the ones to benefit from the trade and investment between the foothold in the global marketplace and provisions of this bill. United States and African countries is embrace the growth and stability it Another centerpiece of this bill is depressingly small. will bring. that it requires strict compliance with It is called the magic 1 percent. Afri- It’s important to say here that every- internationally-recognized standards of ca represents only 1 percent of our ex- one proposing Africa trade legislation worker and human rights and environ- ports, one percent of our imports, and has the same goal—we all want to help mental protections. The rights of Afri- 1 percent of our foreign direct invest- expand trade and development with Af- ca’s peoples and the state of its envi- ment. rica in a way that is also good for ronment may seem removed from life here in the United States. But if we are That is a tragic 1 percent, the fruit of American companies and workers—but missed opportunities, wasted potential it’s equally important to point out how wise we will all remember that we are all affected when logging and mining and simple neglect. we differ in approach, and what those The history of U.S. trade on the Afri- differences will mean for African deplete African rainforests and in- crease global warming, and we all reap can continent is a litany of lost oppor- economies. tunity with a smattering of bright For years Africa has gotten short the benefits of an Africa where freedom and human dignity reign on the con- spots concentrated among a few coun- shrift in the attention of the American tries. public and of American policymakers, tinent, creating a stable environment in which business can thrive. American United States trade in Africa is not and I am very encouraged that there diversified. In 1998, 78 percent of U.S. has been renewed interest in expanding ideals and simple good sense require that we be vigilant in this regard. exports to the region went to only five opportunities for United States busi- countries—South Africa, Nigeria, ness in Africa. The bill takes crucial steps to sup- port the fight against the crushing Anglola, Ghana, and Kenya, and the But Congress shouldn’t make up for vast majority of imports that year those years of neglect by passing weak HIV/AIDS epidemic, which has had a devastating impact in Sub-Saharan Af- came only from Nigeria, South Africa, legislation that will have little impact Angola, Gabon, and Cote d’Ivoire. on United States-Africa trade. rica. Of the 33.4 million adults and chil- dren living with HIV/AIDS worldwide In 1998, major U.S. exports to the re- As a member of the Senate Sub- gion included machinery and transport committee on Africa for more than 6 in 1998, a staggering 22.5 million live in the 48 countries of sub-Saharan Africa. equipment, such as aircraft and parts, years, and its ranking Democrat for civil engineering, equipment, data more than four, I know that now is the Since the onset of the worldwide HIV/ AIDS crisis, more than 34 million sub- processing machines, as well as wheat. time for foresight and bold action, be- Major United States imports from Saharan Africans have been infected, cause Africa today is brimming with Africa include largely basic commod- and more than 11.5 million of those in- both tribulations and potential. ities such as crude oil which is the fected have died. Since the onset of the I offer this bill today because unfor- leading import by far, and some refined HIV/AIDS crisis, approximately 83 per- tunately, other proposals fall short of oils, minerals and materials, including cent of AIDS deaths have occurred in their goals by providing only minimal platinum and diamonds, and some agri- Africa. The vast tragedy of HIV/AIDS benefits for Africa and for Africans. cultural commodities such as cocoa in Africa is daunting, overwhelming, First and foremost, they fail to ad- beans. dress two crises that are hobbling Afri- but it must be overwhelmed with a U.S. exports were much more diversi- ca’s ability to compete—the over- massive effort that will have to be in- fied than U.S. imports. whelming debt burden, and the deadly tegrated with any Africa trade regime The top 5 import items represent 75 HIV/AIDS epidemic, both of which are that hopes to succeed. percent of all U.S. imports from the so corrosive to African aspirations. Finally, the bill provides for substan- region. My legislation, which is similar in tial debt relief for Sub-Saharan African That dire lack of diversity is discour- many respects to the HOPE for Africa nations. Debt, debt, debt is the finger aging, but the holes in the United bill introduced recently by Representa- on the scales that keeps that rich con- States-Africa trade picture tell also of tive JESSE JACKSON, Jr., in the House tinent from achieving its economic po- a wealth of opportunity. of Representatives, takes a more com- tential and embracing a freer, more The investment picture is no better. prehensive approach to our current prosperous future. In 1997, sub-Saharan United States foreign direct invest- trade relationship with Africa—the African debt totaled more than $215 bil- ment in Africa, including northern Af- only kind of approach that can gen- lion, about $6.5 billion of which is owed rica, at the end of 1997 was $10.3 billion, erate the kind of dramatic progress Af- to the United States government. The or 1 percent of all United States for- rica needs to become a more viable debt of at least 30 of the 48 Sub-Saha- eign direct investment. partner in the global economy. ran African countries exceeds 50 per- Over half of the United States direct My HOPE for Africa legislation offers cent of their gross national products. investment in Africa was in the petro- broader trading benefits than the other The international community must leum sector. South Africa received the pending proposals, and just as impor- find a reasonable way substantially to largest share of United States foreign tantly, it takes steps to address the reduce this debt burden so that the direct investment in sub-Saharan Afri- debt burden and AIDS crisis that hand- countries of sub-Saharan Africa can in- ca, and manufacturing accounted for icap African economies. vest scarce dollars in the futures of the the largest share of that investment. My bill extends trade benefits to se- most precious of their natural re- Nigeria received the second largest lected African countries on a broader sources—their people. share of United States foreign direct variety of products—and does not rely My HOPE for Africa bill can estab- investment in Sub-Saharan Africa, and narrowly on textiles, as other pro- lish a framework to achieve these goals petroleum accounted for almost all of posals do. Broader benefits give African by relieving Sub-Saharan African na- that investment.

VerDate 30-SEP-99 03:09 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.061 pfrm01 PsN: S04PT1 S11878 CONGRESSIONAL RECORD — SENATE October 4, 1999 What is missing here is the coherent This measure also ensures that the The prospect of expanding trade with development that can make the coun- benefits of economic growth and devel- Africa has inspired many members to tries of Africa into a growing dynamic opment in Africa will be broad enough educate themselves about the changes economic power with a healthy appe- to allow African workers and African taking place on the continent. tite for American products. firms to buy American goods and Now they have to accept the oppor- I hope my bill will help spark that services. tunity and the challenge those changes development and drive up all of these My bill explicitly requires compli- present. meager trade statistics. ance with internationally recognized Now they have to fix our trading re- First, if offers trade benefits on a standards of worker and human rights lationship with Africa. wider variety of products than is cov- and environmental protections in order In our zeal to expand our trading re- ered under competing proposals. for countries to receive the additional lationship with selected countries, we These provisions are designed to help trade benefits of the legislation. must be mindful to do it in a manner African economies diversify their ex- The requirements are enforceable and that is sustainable. port base. allow for legal action to be taken by I fear that some of the other alter- that’s good for Africa, and good for United States citizens when an African natives that are out there are insuffi- us. country fails to comply. cient to meet and sustain the goals Second, as I have noted, my bill ad- The bill also includes strong protec- that we all share. dresses the two biggest barriers to eco- tions against the illegal trans- A better trade relationship for Africa nomic development in Africa—HIV/ shipments of goods from their coun- has to be for the long term because its AIDS and debt. tries through Africa, and authorizes richest rewards will come in the long In addition, it helps infuse into Afri- the provision of technical assistance to term. can economies a powerful engine of customs services in Africa. Lasting, equitable, and effective ex- economic growth—small business. Transshipment is frankly a sneaky pansion of commercial ties to the The bill gives special attention to practice employed by producers in economies and peoples of Africa will small- and women-owned businesses in China and other third party countries, require bold steps. Africa and it ensures that existing especially in Asia. This legislation represents the first United States trade promotion mecha- Here’s how it works: they establish of those steps. I urge my colleagues to nisms are made available to American sham production in countries which take up the tools we have to help the small businesses seeking to do business may export to the United States under Nations of Africa build a more pros- in Africa. more favorable conditions than those perous and just place on their con- That kind of attention to the eco- producers enjoy in their own countries. tinent. It is the right thing to do and nomic fundamentals also is good for Then they ship goods made in their the smart thing to do for America. Africa and good for us. factories at home and meant for the Please join me in supporting the HOPE My bill authorizes the Overseas Pri- United States market to the third for Africa bill. vate Investment Corporation, OPIC, to country, in this case an African coun- initiate one or more equity funds in try, pack it or assemble it in some f support of infrastructure projects in minor way, and send it on to the sub-Saharan Africa, including basic United States marked ‘‘Make in Afri- CHANGES TO THE BUDGETARY health services, including HIV/AIDS ca,’’ with all the benefits that label AGGREGATES AND APPROPRIA- prevention and treatment, hospitals, would bring. TIONS COMMITTEE ALLOCATION potable water, sanitation, schools, If that happens in Africa, it will un- electrification of rural areas, and pub- dermine our objectives—it will be bad Mr. DOMENICI. Mr. President, sec- licly-accessible transportation. for Africa, bad for the United States, tion 314 of the Congressional Budget It specifically requires that not less and simply unjust. Act, as amended, requires the Chair- than 70 percent of equity funds be allo- These provisions are intended to en- man of the Senate Budget Committee cated to projects involving small- and sure that the trade benefits in Africa to adjust the appropriate budgetary ag- women-owned businesses with substan- accrue to African workers rather than gregates and the allocation for the Ap- tial African ownership, thus ensuring non-African producers. propriations Committee to reflect that Africa truly gains from the provi- There is more talk of Africa in the amounts provided for emergency sion. Halls of Congress than we have heard requirements. It also specifies that a majority of in a long time. I hereby submit revisions to the 2000 funds be allocated to American small I welcome that because we have hope Senate Appropriations Committee allo- business. for this kind of attention on the Senate cations, pursuant to section 302 of the Good for Africa and good for Subcommittee on Africa for the seven Congressional Budget Act, in the fol- America. years I have served on that committee. lowing amounts:

Budget authority Outlays Deficit

Current Allocation: General purpose discretionary ...... 534,542,000,000 544,481,000,000 ...... Violent crime reduction fund ...... 4,500,000,000 5,554,000,000 ...... Highways ...... 24,574,000,000 ...... Mass transit ...... 4,117,000,000 ...... Mandatory ...... 321,502,000,000 304,297,000,000 ......

Total ...... 860,544,000,000 883,023,000,000 ......

Adjustments: General purpose discretionary ...... +8,699,000,000 +8,282,000,000 ...... Violent crime reduction fund ...... Highways ...... Mass transit ...... Mandatory ......

Total ...... +8,699,000,000 +8,282,000,000 ......

Revised Allocation: General purpose discretionary ...... 543,241,000,000 552,763,000,000 ...... Violent crime reduction fund ...... 4,500,000,000 5,554,000,000 ...... Highways ...... 24,574,000,000 ...... Mass transit ...... 4,117,000,000 ...... Mandatory ...... 321,502,000,000 304,297,000,000 ......

Total ...... 869,243,000,000 891,305,000,000 ......

I hereby submit revisions to the 2000 budget aggregates, pursuant to section 311 of the Congressional Budget Act, in the following amounts: Current Allocation: Budget Resolution ...... 1,429,491,000,000 1,415,863,000,000 ¥7,781,000,000 Adjustments: Emergencies ...... +8,699,000,000 +8,282,000,000 ¥8,282,000,000

VerDate 30-SEP-99 03:09 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 8634 E:\CR\FM\A04OC6.063 pfrm01 PsN: S04PT1 October 4, 1999 CONGRESSIONAL RECORD — SENATE S11879

Budget authority Outlays Deficit

Revised Allocation: Budget Resolution ...... 1,438,190,000,000 1,424,145,000,000 ¥16,063,000,000

THE VERY BAD DEBT BOXSCORE Federal Aviation Administration, Depart- exception relating to the importation of Mr. HELMS. Mr. President, at the ment of Transportation, transmitting, pur- goods made with forced labor and to clarify close of business Friday, October 1, suant to law, the report of a rule entitled that forced or indentured labor includes 1999, the Federal debt stood at ‘‘Airworthiness Directives: Airbus Model forced or indentured child labor; to the Com- A319, A320, and A321 Series Airplanes; Docket mittee on Finance. $5,652,679,330,611.02 (Five trillion, six No. 99–NM–270 (9–24/9–30)’’ (RIN2120–AA64) By Mr. BENNETT: hundred fifty-two billion, six hundred (1999–0369), received September 30, 1999; to S. 1685. A bill to authorize the Golden seventy-nine million, three hundred the Committee on Commerce, Science, and Spike/Crossroads of the West National Herit- thirty thousand, six hundred eleven Transportation. age Area; to the Committee on Energy and dollars and two cents). EC–5499. A communication from the Pro- Natural Resources. One year ago, October 1, 1998, the gram Analyst, Office of the Chief Counsel, By Mr. VOINOVICH: Federal debt stood at $5,540,570,000,000 Federal Aviation Administration, Depart- S.J. Res. 35. A joint resolution dis- approving the Legalization of Marijuana for (Five trillion, five hundred forty bil- ment of Transportation, transmitting, pur- suant to law, the report of a rule entitled Medical Treatment Initiative of 1998; to the lion, five hundred seventy million). ‘‘Airworthiness Directives: Airbus Model Committee on Governmental Affairs, pursu- Fifteen years ago, October 1, 1984, the A320 Series Airplanes; Docket No. 99–NM–48 ant to the order of section 602 of the District Federal debt stood at $1,572,266,000,000 (9–24/9–30)’’ (RIN2120–AA64) (1999–0368), re- of Columbia Home Rule Act. (One trillion, five hundred seventy-two ceived September 30, 1999; to the Committee f billion, two hundred sixty-six million). on Commerce, Science, and Transportation. Twenty-five years ago, October 1, EC–5500. A communication from the Pro- SUBMISSION OF CONCURRENT AND 1974, the Federal debt stood at gram Analyst, Office of the Chief Counsel, SENATE RESOLUTIONS $481,059,000,000 (Four hundred eighty- Federal Aviation Administration, Depart- The following concurrent resolutions one billion, fifty-nine million) which ment of Transportation, transmitting, pur- and Senate resolutions were read, and suant to law, the report of a rule entitled referred (or acted upon), as indicated: reflects a debt increase of more than $5 ‘‘Airworthiness Directives: Pratt & Whitney trillion—$5,171,620,330,611.02 (Five tril- JT9D–7R4 Series Turbofan Engines; Docket By Mr. STEVENS (for himself and Mr. lion, one hundred seventy-one billion, No. 99–NE–06 (9–24/9–30)’’ (RIN2120–AA64) MURKOWSKI): six hundred twenty million, three hun- (1999–0366), received September 30, 1999; to S. Res. 195. Expressing the sense of the the Committee on Commerce, Science, and Senate concerning Dr. William Ransom dred thirty thousand, six hundred elev- Wood; considered and agreed to. en dollars and two cents) during the Transportation. f past 25 years. EC–5501. A communication from the Pro- gram Analyst, Office of the Chief Counsel, STATEMENTS ON INTRODUCED f Federal Aviation Administration, Depart- BILLS AND JOINT RESOLUTIONS MESSAGES FROM THE PRESIDENT ment of Transportation, transmitting, pur- suant to law, the report of a rule entitled By Mr. MURKOWSKI: Messages from the President of the ‘‘Airworthiness Directives: Pratt & Whitney S. 1683. A bill to make technical United States were communicated to PW2000 Series Turbofan Engines; Docket No. changes to the Alaska National Inter- the Senate by Mr. Williams, one of his 99–NE–02 (9–24/9–30)’’ (RIN2120–AA64) (1999– est Lands Conservation Act, and for secretaries. 0365), received September 30, 1999; to the other purposes; to the Committee on EXECUTIVE MESSAGES REFERRED Committee on Commerce, Science, and Transportation. Energy and Natural Resources. As in executive session the Presiding Offi- f RURAL ALASKA ACCESS RIGHTS ACT OF 1999 cer laid before the Senate messages from the ∑ Mr. MURKOWSKI. Mr. President, President of the United States submitting REPORTS OF COMMITTEES today I rise to introduce legislation to sundry nominations which were referred to the appropriate committees. The following reports of committees make technical amendments to the (The nominations received today are print- were submitted: Alaska National Interest Lands Con- ed at the end of the Senate proceedings.) By Mr. MACK, from the Joint Economic servation Act (ANILCA). f Committee: This legislation is a Rural Alaska Special report entitled ‘‘The 1999 Joint Bill of Rights. MESSAGE FROM THE HOUSE Economic Report’’ (Rept. No. 106–169). This legislation is the direct result of At 3:58 p.m., a message from the By Mr. MURKOWSKI, from the Committee no less than six hearings I have held on House of Representatives, delivered by on Energy and Natural Resources, without this issue since becoming chairman of Ms. Niland, one of its reading clerks, amendment: the Committee on Energy and Natural announced that the House has passed S. 1236: A bill to extend the deadline under Resources. the Federal Power Act for commencement of During these hearings I was continu- the following bill, without amendment: the construction of the Arrowrock Dam Hy- S. 1606. An act to reenact chapter 12 of title droelectric Project in the State of Idaho ously assured by the administration 11, United States Code, and for other pur- (Rept. No. 106–170). that many of the frustrations Alaskans poses. By Mr. HATCH, from the Committee on face because of the interpretation of f the Judiciary, with an amendment: ANILCA could be dealt with adminis- S.J. Res. 3: A joint resolution proposing an tratively. Unfortunately, many of the EXECUTIVE AND OTHER amendment to the Constitution of the problems remain unresolved today. COMMUNICATIONS United States to protect the rights of crime Some background on this issue is ap- The following communications were victims. propriate. laid before the Senate, together with f Nineteen years ago Congress enacted accompanying papers, reports, and doc- INTRODUCTION OF BILLS AND ANILCA placing more than 100 million uments, which were referred as indi- JOINT RESOLUTIONS acres of land out of 365 into a series of cated: vast parks, wildlife refuges, and wilder- The following bills and joint resolu- ness units. EC–5497. A communication from the Pro- tions were introduced, read the first gram Analyst, Office of the Chief Counsel, Much of the concern about the act Federal Aviation Administration, Depart- and second time by unanimous con- was the impact these Federal units, ment of Transportation, transmitting, pur- sent, and referred as indicated: and related management restrictions, suant to law, the report of a rule entitled By Mr. MURKOWSKI: would have on traditional activities ‘‘Airworthiness Directives: McDonnell Doug- S. 1683. A bill to make technical changes to and lifestyles of the Alaskan people. las Model MD–11 Series Airplanes; Request the Alaska National Interest Lands Con- To allay these concerns, ANILCA in- for Comments; Docket No. 99–NM–216 (9–28/9– servation Act, and for other purposes; to the cluded a series of unique provisions de- 30)’’ (RIN2120–AA64) (1999–0370), received Sep- Committee on Energy and Natural Re- tember 30, 1999; to the Committee on Com- sources. signed to ensure that traditional ac- merce, Science, and Transportation. By Mr. HARKIN: tivities and lifestyles would continue, EC–5498. A communication from the Pro- S. 1684. A bill to amend the Tariff Act of and that Alaskans would not be sub- gram Analyst, Office of the Chief Counsel, 1930 to eliminate the consumptive demand jected to a ‘‘Permit Lifestyle,’’ as the

VerDate 30-SEP-99 03:09 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.058 pfrm01 PsN: S04PT1 S11880 CONGRESSIONAL RECORD — SENATE October 4, 1999 senior Senator from Alaska has often Indivdiuals and corporations are S. 1685. A bill to authorize the Golden said. asked to pay hundreds-of-thousands of Spike/Crossroads of the West National It is for these reasons that ANILCA dollars to do an EIS for access to their Heritage Area; to the Committee on is often called ‘‘compromise legisla- own properties when none is required Energy and Natural Resources. tion’’ and indeed it was—part of the by law. GOLDEN SPIKE/CROSSRODS OF THE WEST compromise was that lands would be Millions of acres of public lands are NATIONAL HERITAGE AREA ACT OF 1999 placed in CSU’s and the other part was closed to recreationists without ever Mr. BENNETT. Mr. President, I am that Alaskans would be granted certain having identified a resource threat. pleased to introduce legislation today rights with regard to access and use in When a tree falls on somebody’s which authorizes the creation of the these units. cabin or a bear destroys it Federal reg- Golden Spike/Crossroads of the West These rights were not only granted ulators will not let a person make rea- National Heritage Area in Ogden, Utah. to the individuals that live in Alaska sonable repairs. Utah has a rich railroad heritage but were designed to allow the State At field hearings the administration that stems from the earliest days when itself to play a major role in the plan- asked for time to address these prob- the Central Pacific and Union Pacific ning and use of these areas. lems—we gave them time—and little railroads met at Promontory Point, However, the Federal Government has happened. Utah in 1869 and completed the trans- has not lived up to its end of the bar- We have not ‘‘jumped’’ to a legisla- continental railroad. With the coming gain—many of the Federal managers tive solution, rather we have acknowl- of the railroad, Utah’s mining industry seem to have lost sight of these impor- edged that oversight has failed to boomed and our economy grew and the tant representations to the people of produce meaningful administrative once isolated Desert Kingdom became Alaska, specifically on issues such as change. forever connected to the rest of the access across these areas and use in Does it make sense that: United States. Diverse peoples and cul- them. When land managers are assigned to tures would come to or through Utah. Federal managers no longer recog- Alaska they are not required to have Mormon immigrants from Europe, Chi- nize the crucial distinction between any formal ANILCA training? nese laborers working for the Central managing units surrounded by millions When a tree falls on somebody’s Pacific Railroad and Greek coal miners of people in the Lower 48 and vast cabin or a bear destroys it that Federal on their way to the coal fields in Cen- multi-million acre units encompassing regulators will not let a person make tral Utah. All of them would pass just a handful of individuals and com- reasonable repairs. through the rail station in Ogden on munities in Alaska. People are told they will have to pay their way to settle the Intermountain The result is the creation of the ridiculous sums of money to access West. It truly is a heritage area for us exact ‘‘permit lifestyle’’ which we were their inholdings? all. promised would never happen. The answer to all these questions is Fire destroyed the original rail sta- The delegation and other Members of clearly no. These are some of the prob- tion first built in 1889. In 1924 the cur- this body warned this could be the case lems that have to be resolved and are rent Union Station Depot was then when the legislation passed. included in this legislation.∑ built and remained the hub of trans- As one Member of this body noted in continental rail traffic for another 40 the Senate report on this bill: By Mr. HARKIN: years. The current building, which is a This Piece of Legislation, if enacted will S. 1684. A bill to amend the Tariff Act registered historic site, has been refur- prove to be the most important legislation ever affecting Alaska . . . While we in Con- of 1930 to eliminate the consumptive bished and is an outstanding example gress may be reading the provisions one way demand exception relating to the im- of reuse and redevelopment of indus- . . . regulatory tools are all laid out in the portation of goods made with forced trial areas. The facilities at Union Sta- bill to give rise to future bureaucratic night- labor and to clarify that forced or in- tion also house some of the finest mu- mare for the people of Alaska . . . Frankly, dentured labor includes forced or in- seum collections in the West including I am expecting the worst . . . the use of mas- dentured child labor; to the Committee the Browning Firearms Museum and sive conservation system unit designations on Finance. the Utah State Railroad Museum. to block exploration, development, and GOODS MADE WITH FORCED OR INDENTURED It is the intent of this legislation to recreation of these lands and on adjacent preserve the historical nature of the non-federal lands. CHILD LABOR Mr. HARKIN. Mr. President, I ask area, increase public awareness and ap- How prophetic! preciation for the pivotal role Ogden The Committee on Energy and Nat- unanimous consent that the text of the played in the settlement of the Inter- ural Resources has held extensive hear- bill be printed in the RECORD. mountain West. By general standards, ings in Alaska on the implementation There being no objection, the bill was this will be a very small Heritage Area, of ANILCA in Anchorage, Wrangell and ordered to be printed in the RECORD, as encompassing just a few city blocks Fairbanks. follows: In these hearings we have heard from S. 1684 around the Union Station building. While it may be small, it also has a nearly 100 witnesses—representing Be it enacted by the Senate and House of Rep- every possible interest group. resentatives of the United States of America in very colorful history. There were no Four clear themes have emerged Congress assembled, businesses which were more famous, or from those hearings: SECTION 1. GOODS MADE WITH FORCED OR IN- infamous than those that dotted 24th Federal agencies have failed to honor DENTURED LABOR. and 25th Streets. the promises made to Alaskans when (a) IN GENERAL.—Section 307 of the Tariff The legislation would allow Ogden ANILCA was passed into law; Act of 1930 (19 U.S.C. 1307) is amended— City to operate as the management en- Agencies are not providing prior and (1) in the second sentence, by striking ‘‘; tity for the area, working in closely but in no case’’ and all that follows to the existing right holders with reasonable with the National Park Service. The end period; and City will be responsible for developing use and access in the exercise of their (2) by adding at the end the following new property right; sentence: ‘‘For purposes of this section, the a management plan which will present Agency personnel manage Alaska term ‘forced labor or/and indentured labor’ comprehensive recommendations for wilderness areas and conservation includes forced or indentured child labor.’’. the conservation and management of units the same way that similar units (b) EFFECTIVE DATES.— the area while the National Park Serv- are being managed in the Lower 48— (1) IN GENERAL.—The amendment made by ice will work closely with the partners contrary to the intent of Congress; and subsection (a)(1) applies to goods entered, or to help with interpretation and the Agencies, while stating their willing- withdrawn from warehouse for consumption, protection of this valuable cultural and ness to address complaints, fail to act on or after the date that is 15 days after the historical resource. Working with rail- date of enactment of this Act. road enthusiasts from all over the in a reasonable and timely fashion (2) CHILD LABOR.—The amendment made by when it comes to dealing with specific subsection (a)(2) takes effect on the date of country we can develop a long-term issues. enactment of this Act. management plan which will provide Some of the specific issues identified better interpretation of the historical include such absurdities as: By Mr. BENNETT: and cultural opportunities.

VerDate 30-SEP-99 03:09 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.026 pfrm01 PsN: S04PT1 October 4, 1999 CONGRESSIONAL RECORD — SENATE S11881 I hope my colleagues will support me printed in Physicians Weekly on Feb- tablishing what is a safe and effective medi- in sponsoring this legislation. Con- ruary 1, 1999, stated: cine; contradict federal regulations and laws; gressman HANSEN has introduced simi- No medical research has shown smoked and in the Office of National Drug Control lar legislation and I look forward to marijuana to be safe, effective, or thera- Policy’s view, may be vehicles for the legal- ization of marijuana for recreational use.’’ working with him and my friends on peutically superior to other substances. Syn- the Energy Committee to hold hearings thetic tetrahydrocannabinol (THC), the pri- I refuse to believe that the President and eventually move this bill through mary psychoactive ingredient in marijuana, wants the American people to think has been available for fifteen years in pill the Senate. that he is more concerned about not form (Marinol) to treat HIV Wasting Syn- violating Home Rule than he is about drome and chemotherapy-induced nausea. A By Mr. VOINOVICH: upholding federal law, particularly legal drug, Marinol is the real ‘‘medical when experts within the administra- S.J. Res. 35. A joint resolution dis- marijuana.’’ It is available in measured approving the Legalization of Mari- doses and guaranteed purity without the ad- tion are opposed to legalization. juana for Medical Treatment Initiative verse side-effects of smoking tars, hydro- In a June 29th article in the Wash- of 1998; to the Committee on Govern- carbons, and other combustibles. Further- ington Post, Director of the Office of mental Affairs, pursuant to the order more, newer drugs like ondansetron and National Drug Control Policy, Barry of section 602 of the District of Colum- grenisetron work better than Marinol, as McCaffrey stated that: bia Home Rule Act. clinical practice has demonstrated. The term ‘‘drug legalization’’ has right- fully acquired pejorative connotations. Many DISAPPROVING THE LEGALIZATION OF MARI- Mr. President, I ask unanimous con- sent that the entire article by Dr. supporters of this position have adopted the JUANA FOR MEDICAL TREATMENT INITIATIVE label ‘‘harm reduction’’ to soften the impact Vereen be printed in the RECORD fol- OF 1998 of an unpopular proposal that, if passed, Mr. VOINOVICH. Mr. President, I lowing my remarks. would encourage greater availability and use rise today to introduce a joint resolu- The PRESIDING OFFICER. Without of drugs—especially among children. objection, it is so ordered. tion that will prevent the implementa- This past June, in testimony before tion of an initiative in the District of (See Exhibit 1.) In an attempt to prevent this initia- the House Subcommittee on Criminal Columbia that would allow the use of Justice, Drug Policy and Human Re- marijuana for medical treatment. tive from going into effect, last Octo- ber, Congress passed and the President sources, Donnie Marshall, Deputy Ad- As many of my colleagues know, the ministrator of the Drug Enforcement voters of the District of Columbia signed into law the fiscal year 1999 D.C. Appropriations bill which included a Agency (DEA) stated ‘‘I suspect that passed a ballot initiative—Initiative medical marijuana is merely the first 59—last November that would legalize provision that blocked the District government from releasing the vote re- tactical maneuver in an overall strat- marijuana use for ‘‘medicinal’’ pur- egy that will lead to the eventual le- poses. sults of Initiative 59. The provision was challenged in galization of all drugs.’’ He went on to Supported by the Mayor and many say ‘‘whether all drugs are eventually elected officials in the District, Initia- court, and last month, the prohibition was overruled by a federal judge and legalized or not, the practical outcome tive 59 would permit marijuana use as of legalizing even one, like marijuana, a treatment for serious illness includ- the results were made public. Meanwhile, as the battle over releas- is to increase the amount of usage of ing ‘‘HIV/AIDS, glaucoma, muscle all drugs.’’ spasms, and cancer.’’ ing the ballot figures was being fought, Congress re-emphasized its opposition Indeed, according to the DEA, 12–17 Because physicians are not allowed year olds who smoke marijuana are 85 to prescribe marijuana under federal to Initiative 59 in the fiscal year 2000 D.C. Appropriations bill by prohibiting times more likely to use cocaine than law, Initiative 59 would allow individ- those who do not. Sixty percent of ado- uals to use marijuana based on a doc- the use of funds to ‘‘enact or carry out any law, rule or regulation to legalize lescents who use marijuana before age tor’s ‘‘written or oral recommenda- 15 will later use cocaine. If these usage tion.’’ The initiative would also allow or otherwise reduce penalties associ- ated with the possession use or dis- figures are occurring now, I shudder to the designation of up to four ‘‘care- think what they will be if we expand givers’’ who would be able to cultivate, tribution of any Schedule I substance under the Controlled Substances Act.’’ marijuana’s usage. distribute and possess marijuana for Assistant Chief Brian Jordan of the the purpose of supplying an individual Mr. President, under federal law, marijuana is a controlled substance, D.C. Metropolitan Police Department with marijuana for medicinal purposes. testified last Wednesday before the Proponents of the D.C. initiative, and and as such, possession, use, sale or distribution is illegal and is subject to House D.C. Appropriations Sub- similar initiatives elsewhere in the committee that ‘‘the Metropolitan Po- country, have argued that marijuana is federal criminal sentences and/or fines. Possession of marijuana is a crime in lice Department opposes the legaliza- the only way that individuals can cope tion of marijuana. Marijuana remains with the effects of chemotherapy and the District as well, with the possi- bility of 6 months in jail and a $1,000 the illegal drug of choice in the Na- AIDS treatments. tion’s Capital, and crime and violence However, according to the U.S. Drug fine. Congress merely sought to uphold related to the illegal marijuana traf- Enforcement Administration (DEA), ficking and abuse are widespread in individuals who are using marijuana current law by saying no to the imple- mentation of Initiative 59, and no to many of our communities.’’ for AIDS, cancer or glaucoma may ac- According to D.C. government esti- tually be doing damage to themselves: the use of marijuana. Nevertheless, the President vetoed mates, Washington currently has 65,000 AIDS: Scientific studies indicate mari- the D.C. Appropriations bill last Tues- drug addicts. There are 1,000 individ- juana damages the immune system, causing day, issuing a statement that stressed uals on a drug treatment waiting list further peril to already weakened immune who are likely continuing to abuse systems. HIV-positive marijuana smokers that Congress was ‘‘prevent(ing) local residents from making their own deci- drugs right now. progress to full-blown AIDS twice as fast as I believe the loose wording of the ini- sions about local matters.’’ non-smokers and have an increased inci- tiative—which again, would legalize an dence of bacterial pneumonia. However, there appears to be some individual’s right to possess, use, dis- Cancer: Marijuana contains many cancer- confusion over the Administration’s di- tribute or cultivate marijuana if ‘‘rec- causing substances, many of which are rection on such legalization initiatives. present in higher concentrations in mari- Last Wednesday, before the House ommended’’ by a physician—would juana than in tobacco. D.C. Appropriations Subcommittee, Dr. present an enforcement nightmare to Glaucoma: Marijuana does not prevent police in the District of Columbia, and blindness due to glaucoma. Donald R. Vereen, Jr. of the Drug Czar’s office stated that: would serve as a de facto legalization In addition, Dr. Donald R. Vereen, of marijuana in D.C., increasing its Jr., Deputy Director of the Office of The Administration has actively and con- sistently opposed marijuana legalization ini- prevalence and the number of addicts National Drug Control Policy (com- tiatives in all jurisdictions throughout the citywide. monly referred to as the office of the nation. Our steadfast opposition is based on In the simplest of terms, illegal drug ‘‘Drug Czar’’), in an article titled, ‘‘Is the fact that: such electoral procedures un- use is wrong. The District government Medical Marijuana an Oxymoron?’’ and dermine the medical-scientific process for es- and the United States Government

VerDate 30-SEP-99 03:09 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.056 pfrm01 PsN: S04PT1 S11882 CONGRESSIONAL RECORD — SENATE October 4, 1999 should never condone it, regardless of serve answers to these germane questions in- WYDEN) was added as a cosponsor of S. the professed purpose. stead of being blind-sided by the ‘‘medical 796, a bill to provide for full parity with That is why I am introducing this marijuana’’ drive. respect to health insurance coverage The American Medical Association (AMA), joint resolution. It’s quite simple. It American Cancer Society, National Multiple for certain severe biologically-based says that the Congress disapproves of Sclerosis Association, American Academy of mental illnesses and to prohibit limits the legalization of marijuana for me- Ophthalmology, and National Eye Institute, on the number of mental illness-re- dicinal purposes and prevents Initia- among others, came out against ‘‘medical lated hospital days and outpatient vis- tive 59 from going into effect. Period. marijuana’’ initiatives as did former Sur- its that are covered for all mental ill- It is identical to legislation that the geon General C. Everett Koop. Anecdotal nesses. House will likely take-up next week. support for smoked marijuana reminds me of S. 1044 the laetrile incident where a drug derived I agree with DEA Deputy Adminis- At the request of Mr. KENNEDY, the from apricot pits was believed to cure can- trator Donnie Marshall that once soci- cer. Scientific testing disproved such testa- name of the Senator from South Caro- ety accepts that it’s alright for individ- ments. How do we know that testimonials lina (Mr. HOLLINGS) was added as a co- uals to smoke marijuana for, quote touting marijuana as a wonder drug—on the sponsor of S. 1044, a bill to require cov- ‘‘medical purposes’’ unquote, we will part of patients under the influence of an in- erage for colorectal cancer screenings. start on the path towards greater so- toxicant, no less!—may not simply dem- S. 1139 cial acceptance and usage of mari- onstrate the placebo effect? At the request of Mr. REID, the name juana, which experts agree will lead to We shouldn’t allow drugs to become pub- of the Senator from California (Mrs. licly available without approval and regula- the use of harder drugs. tion by the Food and Drug Administration BOXER) was added as a cosponsor of S. Mr. President, marijuana is an illegal (FDA) and National Institutes of Health 1139, a bill to amend title 49, United drug according to federal, state and (NIH). Such consumer protections has made States Code, relating to civil penalties local laws. It would be unconscionable our country one of the safest for medica- for unruly passengers of air carriers for the United States Congress not to tions. A political attempt to exploit human and to provide for the protection of em- exercise its Constitutional duty and suffering to legalize an illicit drug is shame- ployees providing air safety informa- prevent the District from going for- ful and irresponsible. Voters should not be tion, and for other purposes. expected to decide which medicines are safe S. 1375 ward with this initiative no matter and effective. What other cancer treatments how well-intentioned the motive. have been brought to the ballot box? Mari- At the request of Mr. LEAHY, the I urge my colleagues to join me in co- juana initiatives set a dangerous precedent. name of the Senator from Michigan sponsoring this resolution, and I urge Decisions of this sort should be based on sci- (Mr. LEVIN) was added as a cosponsor of its speedy adoption. entific proof, not popularity. S. 1375, a bill to amend the Immigra- Mr. President, I ask unanimous con- f tion and Nationality Act to provide sent to print the joint resolution in the that aliens who commit acts of torture ADDITIONAL COSPONSORS RECORD. abroad are inadmissible and removable There being no objection, the joint S. 51 and to establish within the Criminal resolution was ordered to be printed in At the request of Mr. BIDEN, the Division of the Department of Justice the RECORD, as follows: name of the Senator from Vermont an Office of Special Investigations hav- S.J. RES. 35 (Mr. JEFFORDS) was added as a cospon- ing responsibilities under that Act Resolved by the Senate and House of Rep- sor of S. 51, a bill to reauthorize the with respect to all alien participants in resentatives of the United States of America in Federal programs to prevent violence acts of genocide and torture abroad. Congress assembled, That the Congress hereby against women, and for other purposes. S. 1472 disapproves of the action of the District of S. 63 At the request of Mr. SARBANES, the Columbia Council described as follows: The At the request of Mr. KOHL, the name of the Senator from Illinois (Mr. Legalization of Marijuana for Medical Treat- names of the Senator from Michigan DURBIN) was added as a cosponsor of S. ment Initiative of 1998, approved by the elec- (Mr. ABRAHAM) and the Senator from tors of the District of Columbia on November 1472, a bill to amend chapters 83 and 84 Florida (Mr. GRAHAM) were added as 3, 1998, and transmitted to Congress by the of title 5, United States Code, to mod- Council pursuant to section 602(c) of the Dis- cosponsors of S. 63, a bill to amend the ify employee contributions to the Civil trict of Columbia Home Rule Act. Internal Revenue Code of 1986 to pro- Service Retirement System and the vide a credit against tax for employers Federal Employees Retirement System EXHIBIT 1 who provide child care assistance for to the percentages in effect before the [Physicians Weekly, Feb. 1, 1999] dependents of their employees, and for statutory temporary increase in cal- IS MEDICAL MARIJUANA AN OXYMORON? other purposes. endar year 1999, and for other purposes. (By Dr. Donald Vereen Deputy Director, S. 74 S. 1526 White House Office of National Drug Con- At the request of Mr. BINGAMAN, his At the request of Mr. ROCKEFELLER, trol Policy) name was added as a cosponsor of S. 74, the name of the Senator from Min- No medical research has shown smoked a bill to amend the Fair Labor Stand- nesota (Mr. WELLSTONE) was added as a marijuana to be safe, effective, or thera- ards Act of 1938 to provide more effec- cosponsor of S. 1526, a bill to amend the peutically superior to other substances. Syn- tive remedies to victims of discrimina- Internal Revenue Code of 1986 to pro- thetic tetrahydrocannabinol (THC), the pri- tion in the payment of wages on the vide a tax credit to taxpayers investing mary psychoactive ingredient in marijuana, basis of sex, and for other purposes. has been available for fifteen years in pill in entities seeking to provide capital form (Marinol) to treat HIV Wasting Syn- S. 469 to create new markets in low-income drome and chemotherapy-induced nausea. A At the request of Mr. BREAUX, the communities. legal drug, Marinol is the real ‘‘medical name of the Senator from North Da- S. 1673 marijuana.’’ It is available in measured kota (Mr. DORGAN) was added as a co- At the request of Mr. DEWINE, the doses and guaranteed purity without the ad- sponsor of S. 469, a bill to encourage name of the Senator from Kansas (Mr. verse side-effects of smoking tars, hydro- the timely development of a more cost BROWNBACK) was added as a cosponsor carbons, and other combustibles. Further- effective United States commercial of S. 1673, a bill to amend titles 10 and more, newer drugs like ondansetron and space transportation industry, and for grenisetron work better than Marinol, as 18, United States Code, to protect un- clinical practice has demonstrated. other purposes. born victims of violence. Objections about pills being difficult to S. 693 SENATE RESOLUTION 179 swallow by nauseated patients are true for At the request of Mr. HELMS, the At the request of Mr. BIDEN, the any antiemetic. If sufficient demand existed name of the Senator from Ohio (Mr. name of the Senator from Texas (Mrs. for an alternate delivery system, Marinol VOINOVICH) was added as a cosponsor of HUTCHISON) was added as a cosponsor of inhalants, suppositories, injections, or S. 693, a bill to assist in the enhance- Senate Resolution 179, a resolution des- patches could be developed. Why isn’t any- ment of the security of Taiwan, and for ignating October 15, 1999, as ‘‘National one clambering to make anti-nausea medica- tions smokable? Why choose a substance and other purposes. Mammography Day.’’ delivery system (smoking) that is more car- S. 796 SENATE RESOLUTION 183 cinogenic than tobacco when safer forms of At the request of Mr. WELLSTONE, the At the request of Mr. ASHCROFT, the the same drug are available? Patients de- name of the Senator from Oregon (Mr. names of the Senator from California

VerDate 30-SEP-99 03:09 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G04OC6.002 pfrm01 PsN: S04PT1 October 4, 1999 CONGRESSIONAL RECORD — SENATE S11883

(Mrs. FEINSTEIN) and the Senator from GORTON (AND OTHERS) (5) LIMITED INCUMBENT; REGIONAL JET.— Illinois (Mr. DURBIN) were added as co- AMENDMENT NO. 1892 Section 40102 is amended by— (A) inserting after paragraph (28) the sponsors of Senate Resolution 183, a Mr. GORTON (for himself, Mr. resolution designating the week begin- following: ROCKEFELLER, Mr. GRASSLEY, Mr. HAR- ‘‘(28A) The term ‘limited incumbent air ning on September 19, 1999, and ending KIN, and Mr. ASHCROFT) proposed an carrier’ has the meaning given that term in on September 25, 1999, as National amendment to the bill, S. 82, supra; as subpart S of part 93 of title 14, Code of Fed- Home Education Week. follows: eral Regulations, except that ‘20’ shall be substituted for ‘12’ in sections 93.213(a)(5), f Strike sections 506, 507, and 508 and insert 93.223(c)(3), and 93.225(h) as such sections the following: SENATE RESOLUTION 195—EX- were in effect on August 1, 1998.’’; and SEC. 506. CHANGES IN, AND PHASE-OUT OF, SLOT (B) inserting after paragraph (37) the fol- PRESSING THE SENSE OF THE RULES. lowing: SENATE CONCERNING DR. WIL- (a) RULES THAT APPLY TO ALL SLOT EXEMP- LIAM RANSOM WOOD ‘‘(37A) The term ‘regional jet’ means a pas- TION REQUESTS.— senger, turbofan-powered aircraft carrying (1) PROMPT CONSIDERATION OF REQUESTS.— Mr. STEVENS (for himself and Mr. not fewer than 30 and not more than 50 pas- Section 41714(i) is amended to read as sengers.’’. MURKOWSKI) submitted the following follows: (b) PHASE-OUT OF SLOT RULES.—Chapter 417 resolution; which was considered and ‘‘(i) 45-DAY APPLICATION PROCESS.— is amended— agreed to: ‘‘(1) REQUEST FOR SLOT EXEMPTIONS.—Any (1) by redesignating sections 41715 and 41716 slot exemption request filed with the Sec- S. RES. 195 as sections 41720 and 41721; and retary under this section, section 41717, or Whereas Dr. William Ransom Wood’s tire- (2) by inserting after section 41714 the fol- 41719 shall include— less dedication and wisdom have earned him lowing: honorable distinction for his work in the ‘‘(A) the names of the airports to be served; ‘‘(B) the times requested; and ‘‘§ 41715. Phase-out of slot rules at certain air- city of Fairbanks, the State of Alaska, and ports the Nation; ‘‘(C) such additional information as the Whereas Dr. Wood served his country with Secretary may require. ‘‘(a) TERMINATION.—The rules contained in distinction in battle during World War II as ‘‘(2) ACTION ON REQUEST; FAILURE TO ACT.— subparts S and K of part 93, title 14, Code of a captain in the United States Navy; Within 45 days after a slot exemption request Federal Regulations, shall not apply— Whereas Dr. Wood served the people of under this section, section 41717, or section ‘‘(1) after March 31, 2003, at Chicago O’Hare Alaska as president of the University of 41719 is received by the Secretary, the Sec- International Airport; and ‘‘(2) after December 31, 2006, at LaGuardia Alaska, chairman of the American Cancer retary shall— Airport or John F. Kennedy International Society, vice president of the Alaska Boy ‘‘(A) approve the request if the Secretary Airport. Scout Council, Member of the Alaska Busi- determines that the requirements of the sec- ‘‘(b) FAA SAFETY AUTHORITY NOT COM- ness Advisory Council, chairman of the Alas- tion under which the request is made are PROMISED.—Nothing in subsection (a) affects ka Heart Association, and numerous other met; the Federal Aviation Administration’s au- organizations; ‘‘(B) return the request to the applicant for thority for safety and the movement of air Whereas Dr. Wood served the people of additional information; or traffic. Fairbanks as mayor, chairman of the Fair- ‘‘(C) deny the request and state the reasons (c) PRESERVATION OF EXISTING SERVICE.— banks Community Hospital Foundation, for its denial. ‘‘(3) 45-DAY PERIOD TOLLED FOR TIMELY RE- Chapter 417, as amended by subsection (b), is president of Fairbanks Rotary Club, and in QUEST FOR MORE INFORMATION.—If the Sec- amended by inserting after section 41715 the many other capacities; retary returns the request for additional in- following: Whereas the city of Fairbanks, the State of formation during the first 10 days after the Alaska, and the Nation continue to benefit ‘‘§ 41716. Preservation of certain existing slot- request is filed, then the 45-day period shall from Dr. Wood’s outstanding leadership and related air service be tolled until the date on which the addi- vision; ‘‘An air carrier that provides air transpor- tional information is filed with the Whereas Dr. Wood is the executive director tation of passenger from a high density air- Secretary. of Festival Fairbanks which desires to com- port (other than Ronald Reagan Washington ‘‘(4) FAILURE TO DETERMINE DEEMED AP- memorate the centennial of Fairbanks, Alas- National Airport) to a small hub airport or PROVAL.—If the Secretary neither approves ka with a pedestrian bridge which shall serve non-hub airport, or to an airport that is the request under paragraph (2)(A) nor denies as a reminder to remember and respect the smaller than a small hub or non-hub airport, the request under subparagraph (2)(C) within builders of the twentieth century; and on or before the date of enactment of the Air the 45-day period beginning on the date it is Whereas it shall also be in Dr. Wood’s Transportation Improvement Act pursuant received, excepting any days during which words, ‘‘a memorial to the brave indigenous to an exemption from the requirements the 45-day period is tolled under paragraph people. Who came before and persisted under subparts K and S of part 93 of title 14, (3), then the request is deemed to have been through hardships, generation after genera- Code of Federal Regulations (pertaining to approved on the 46th day after it was filed tion. The Centennial Bridge is a tribute to slots at high density airports), or where slots with the Secretary.’’. their stamina and ability to cope with were issued to an airline conditioned on a (2) EXEMPTIONS MAY NOT BE BOUGHT OR changing times.’’: Now, therefore, be it specific airport being served, may not termi- SOLD.—Section 41714 is further amended by Resolved, That the United States Senate nate air transportation service for that route adding at the end the following: urges the Secretary of Transportation Rod- for a period of 2 years (with respect to serv- ‘‘(j) EXEMPTIONS MAY NOT BE BOUGHT OR ney Slater to designate the Fairbanks, Alas- ice from LaGuardia Airport or John F. Ken- SOLD.—No exemption from the requirements ka Riverwalk Centennial Bridge community nedy International Airport), or 4 years (with of subparts K and S of part 93 of title 14, connector project as the Dr. William Ransom respect to service from Chicago O’Hare Code of Federal Regulations, granted under Wood Centennial Bridge. International Airport), after the date on this section, section 41717, or section 41719 which those requirements cease to apply to f may be bought or sold by the carrier to that high density airport unless— which it is granted.’’. ‘‘(1) before October 1, 1999, the Secretary AMENDMENTS SUBMITTED (3) EQUAL TREATMENT OF AFFILIATED CAR- received a written air service termination RIERS.—Section 41714, as amended by para- notice for that route; or graph (2), is further amended by adding at ‘‘(2) after September 30, 1999, the air car- AIR TRANSPORTATION the end thereof the following: rier submits an air service termination no- ‘‘(k) AFFILIATED CARRIERS.—For purposes IMPROVEMENT ACT tice under section 41720 for that route and of this section, section 41717, 41718, and 41719, the Secretary determines that the carrier the Secretary shall treat all commuter air suffered excessive losses, including substan- carriers that have cooperative agreements, MCCAIN (AND OTHERS) tial losses on operations on that route dur- including code-share agreements, with other AMENDMENT NO. 1891 ing the calendar quarters immediately pre- air carriers equally for determining eligi- ceding submission of the notice.’’. Mr. GORTON (for Mr. MCCAIN (for bility for the application of any provision of (d) SPECIAL RULES AFFECTING LAGUARDIA himself, Mr. GORTON, and Mr. ROCKE- those sections regardless of the form of the AIRPORT AND JOHN F. KENNEDY INTER- corporate relationship between the com- FELLER)) proposed an amendment to NATIONAL AIRPORT.—Chapter 417, as amended muter air carrier and the other air carrier.’’. the bill (S. 82) to authorize appropria- by subsection (c), is amended by inserting (4) NEW ENTRANT SLOTS.—Section 41714(c) is tions for Federal Aviation Administra- after section 41716 the following: amended— tion, and for other purposes; as follows: (A) by striking ‘‘(1) IN GENERAL.—’’; ‘‘§ 41717. Interim slot rules at New York air- [The amendment was not available (B) by striking ‘‘and the circumstances to ports for printing. It will appear in a future be exceptional,’’; and ‘‘(a) IN GENERAL.—The Secretary of Trans- issue of the RECORD.] (C) by striking paragraph (2). portation may, by order, grant exemptions

VerDate 30-SEP-99 04:10 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.022 pfrm01 PsN: S04PT1 S11884 CONGRESSIONAL RECORD — SENATE October 4, 1999 from the requirements under subparts K and section (b) that does meet those require- 49111(e), and 41714 of this title and subparts K S of part 93 of title 14, Code of Federal Regu- ments the Secretary shall immediately ter- and S of part 93 of title 14, Code of Federal lations (pertaining to slots at high density minate the air carrier’s authority to operate Regulations, to air carriers for service to air- airports) with respect to a regional jet air- that flight. ports that were designated as medium-hub or craft providing air transportation between ‘‘(e) INTERNATIONAL SERVICE AT O’HARE smaller airports in the Federal Aviation Ad- LaGuardia Airport or John F. Kennedy AIRPORT.—The requirements of subparts K ministration’s Primary Airport International Airport and a small hub or and S of part 93 of title 14, Code of Federal Enplanement Activity Summary for Cal- nonhub airport— Regulations shall be of no force and effect at endar Year 1997 within the perimeter estab- ‘‘(1) if the operator of the regional jet air- O’Hare International Airport after March 31, lished for civil aircraft operations at Ronald craft was not providing such air transpor- 2000, with respect to any aircraft providing Reagan Washington National Airport under tation during the week of June 15, 1999; or foreign air transportation. For a foreign air section 49109. The Secretary shall develop ‘‘(2) if the level of air transportation to be carrier domiciled in a country to which a criteria for distributing slot exemptions for provided between such airports by the oper- United States air carrier provides nonstop flights within the perimeter to such airports ator of the regional jet aircraft during any service from the United States, the pre- under this paragraph in a manner that pro- week will exceed the level of air transpor- ceding sentence applies to that foreign air motes air transportation— tation provided by such operator between carrier only if the country in which that car- ‘‘(1) by new entrant and limited incumbent such airports during the week of June 15, rier is domiciled provides reciprocal airport air carriers; 1999.’’. access for United States air carriers.’’. ‘‘(2) to communities without existing serv- (e) SPECIAL RULES AFFECTING CHICAGO (2) PROHIBITION OF SLOT WITHDRAWS.— ice to Ronald Reagan Washington National O’HARE INTERNATIONAL AIRPORT.— (A) IN GENERAL.—Section 41714(b) is Airport; (1) NONSTOP REGIONAL JET, NEW ENTRANTS, amended— ‘‘(3) to small communities; or AND LIMITED INCUMBENTS.—chapter 417, as (i) by inserting ‘‘at Chicago O’Hare Inter- ‘‘(4) that will provide competitive service amended by subsection (d), is amended by in- national Airport’’ after ‘‘a slot’’ in para- on a monopoly nonstop route to Ronald serting after section 41717 the following: graph (2); and Reagan Washington National Airport. ‘‘(c) LIMITATIONS.— ‘‘§ 41718. Interim application of slot rules at (ii) by striking ‘‘if the withdrawal’’ and all ‘‘(1) STAGE 3 AIRCRAFT REQUIRED.—An ex- Chicago O’Hare International Airport that follows before the period in paragraph (2). emption may not be granted under this sec- ‘‘(a) SLOT OPERATING WINDOW NARROWED.— (3) CONVERSIONS.—Section 41714(b) is tion with respect to any aircraft that is not Effective April 1, 2002, the requirements of amended by striking paragraph (4) and in- a Stage 3 aircraft (as defined by the Sec- subparts K and S of part 93 of title 14, Code serting the following: retary). of Federal Regulations, do not apply with re- ‘‘(4) CONVERSIONS OF SLOTS.—Effective ‘‘(2) GENERAL EXEMPTIONS.—The exemp- spect to aircraft operating before 2:45 post April 1, 2000, slots at Chicago O’Hare Inter- tions granted under subsections (a) and (b) meridiem and after 8:15 post meridiem at national Airport allocated to an air carrier may not increase the number of operations Chicago O’Hare International Airport. as of June 15, 1999, to provide foreign air at Ronald Reagan Washington National Air- ‘‘(b) NEW OR INCREASED SERVICE TO SMALL- transportation shall be made available to port in any 1-hour period during the hours ER AIRPORTS; NEW ENTRANTS.— such carrier to provide interstate or intra- between 7:00 a.m. and 9:59 p.m. by more than ‘‘(1) IN GENERAL.—Effective January 1, 2000, state air transportation.’’. 2 operations. the requirements of subparts K and S of part (4) IMMEDIATE RETURN OF WITHDRAWN ‘‘(3) ADDITIONAL EXEMPTIONS.—The Sec- 93 of title 14, Code of Federal Regulations, do SLOTS.—The Secretary of Transportation retary shall grant exemptions under sub- not apply with respect to— shall return any slot withdrawn from an air sections (a) and (b) that— ‘‘(A) any air carrier for the provision of carrier under section 41714(b) of title 49, ‘‘(A) will result in 12 additional daily air nonstop regional jet or turboprop air service United States Code, or the preceding provi- carrier slot exemptions at such airport for between Chicago O’Hare International Air- sion of law, before the date of enactment of long-haul service beyond the perimeter; port and an airport with fewer than 2,000,000 this Act, to that carrier no later than Janu- ‘‘(B) will result in 12 additional daily air annual enplanements (based on the Federal ary 1, 2000. carrier slot exemptions at such airport for Aviation Administration’s Primary Airport (5) 3-YEAR REPORT.—The Secretary shall service within the perimeter; and Enplanement Activity Summary for Cal- study and submit a report 3 years after the ‘‘(C) will not result in additional daily slot endar Year 1997) that is an airport not served date of enactment of the Air Transportation exemptions for service to any within-the-pe- by nonstop service, or not served by more Improvement Act on the impact of the rimeter airport that was designated as a than 1 carrier providing nonstop service, changes resulting from the implementation large-hub airport in the Federal Aviation from Chicago O’Hare International Airport; of the Air Transportation Improvement Act Administration’s Primary Airport or on safety, the environment, noise, access to Enplanement Activity Summary for Cal- ‘‘(B) a new entrant or limited incumbent underserved markets, and competition at endar Year 1997. air carrier for the provision of service to Chi- Chicago O’Hare International Airport. ‘‘(4) ASSESSMENT OF SAFETY, NOISE AND EN- cago O’Hare International Airport. VIRONMENTAL IMPACTS.—The Secretary shall (f) SPECIAL RULES AFFECTING REAGAN ‘‘(2) NEW OR INCREASED SERVICE REQUIRED.— assess the impact of granting exemptions, in- WASHINGTON NATIONAL AIRPORT.— Paragraph (1)(A) applies only for the provi- cluding the impacts of the additional slots (1) IN GENERAL.—Chapter 417, as amended sion of— by subsection (e), is amended by inserting and flights at Ronald Reagan Washington ‘‘(A) air service to an airport to which the after section 41718 the following: National Airport provided under subsections air carrier was not providing air service from (a) and (b) on safety, noise levels and the en- Chicago O’Hare International Airport during ‘‘§ 41719. Special Rules for Ronald Reagan vironment within 90 days of the date of the the week of June 15, 1999; or Washington National Airport enactment of the Air Transportation Im- ‘‘(B) additional air service between Chi- ‘‘(a) BEYOND-PERIMETER EXEMPTIONS.—The provement Act. The environmental assess- cago O’Hare International Airport and any Secretary shall by order grant exemptions ment shall be carried out in accordance with airport to which it provided air service dur- from the application of sections 49104(a)(5), parts 1500–1508 of title 40, Code of Federal ing that week. 49109, 49111(e), and 41714 of this title to air Regulations. Such environmental assessment ‘‘(3) NEW ENTRANTS AND LIMITED INCUM- carriers to operate limited frequencies and shall include a public meeting. BENTS.—Paragraph (1)(B) applies only for the aircraft on select routes between Ronald ‘‘(5) APPLICABILITY WITH EXEMPTION 5133.— provision of— Reagan Washington National Airport and do- Nothing in this section affects Exemption ‘‘(A) air service to an airport to which the mestic hub airports of such carriers and ex- No. 5133, as from time-to-time amended and air carrier was not providing air service from emptions from the requirements of subparts extended.’’. Chicago O’Hare International Airport during K and S of part 93, Code of Federal Regula- (2) OVERRIDE OF MWAA RESTRICTION.—Sec- the week of June 15, 1999; or tions, if the Secretary finds that the exemp- tion 49104(a)(5) is amended by adding at the ‘‘(B) additional air service between Chi- tions will— end thereof the following: cago O’Hare International Airport and any ‘‘(1) provide air transportation service with ‘‘(D) Subparagraph (C) does not apply to airport to which it provided air service dur- domestic network benefits in areas beyond any increase in the number of instrument ing that week. the perimeter described in that section; flight rule takeoffs and landings necessary to ‘‘(c) STAGE 3 AIRCRAFT REQUIRED.—Sub- ‘‘(2) increase competition by new entrant implement exemptions granted by the Sec- section (a) does not apply to service by any air carriers or in multiple markets; retary under section 41719.’’. aircraft that is not a Stage 3 aircraft (as de- ‘‘(3) not reduce travel options for commu- (3) MWAA NOISE-RELATED GRANT ASSUR- fined by the Secretary). nities served by small hub airports and me- ANCES.— ‘‘(d) DOT TO MONITOR FLIGHTS.—The Sec- dium hub airports within the perimeter de- (A) IN GENERAL.—In addition to any condi- retary of Transportation shall monitor scribed in section 49109 of this title; and tion for approval of an airport development flights under the authority provided by sub- ‘‘(4) not result in meaningfully increased project that is the subject of a grant applica- section (b) to ensure that any such flight travel delays. tion submitted to the Secretary of Transpor- meets the requirements of subsection (a). If ‘‘(b) WITHIN-PERIMETER EXEMPTIONS.—The tation under chapter 471 of title 49, United the Secretary finds that an air carrier is op- Secretary shall by order grant exemptions States Code, by the Metropolitan Wash- erating a flight under the authority of sub- from the requirements of sections 49104(a)(5), ington Airports Authority, the Authority

VerDate 30-SEP-99 03:09 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.029 pfrm01 PsN: S04PT1 October 4, 1999 CONGRESSIONAL RECORD — SENATE S11885 shall be required to submit a written assur- ‘‘41715. Phase-out of slot rules at take advantage of emerging technologies and ance that, for each such grant made to the certain airports to hire and retain effective managers. Authority for fiscal year 2000 or any subse- ‘‘41716. Preservation of certain ex- (10) The ability of the Administrator to quent fiscal year— isting slot-related air service achieve greater efficiencies in the manage- (i) the Authority will make available for ‘‘41717. Interim slot rules at New ment of the air traffic control system re- that fiscal year funds for noise compatibility York airports quires additional management reforms, such planning and programs that are eligible to ‘‘41718. Interim application of slot as the ability to offer incentive pay for ex- receive funding under chapter 471 of title 49, rules at Chicago O’Hare Inter- cellence in the employee workforce. United States Code, in an amount not less national Airport (11) The ability of the Administrator to ef- than 10 percent of the aggregate annual ‘‘41719. Special Rules for Ronald fectively manage finances is dependent in amount of financial assistance provided to Reagan Washington National part on the Federal Aviation Administra- the Authority by the Secretary as grants Airport.’’. tion’s ability to enter into long-term debt under chapter 471 of title 49, United States and lease financing of facilities and equip- Code; and ROCKFELLER AMENDMENT NO. ment, which in turn are dependent on sus- (ii) the Authority will not divert funds 1893 tained sound audits and implementation of a from a high priority safety project in order cost management program. to make funds available for noise compat- Mr. GORTON (for Mr. ROCKEFELLER) (12) The Administrator should use the full ibility planning and programs. proposed an amendment to the bill, S. authority of the Federal Aviation Adminis- tration to make organizational changes to (B) WAIVER.—The Secretary of Transpor- 82, supra; as follows: improve the efficiency of the air traffic con- tation may waive the requirements of sub- At the appropriate place insert the fol- trol system, without compromising the Fed- paragraph (A) for any fiscal year for which lowing: eral Aviation Administration’s primary mis- the Secretary determines that the Metro- SECTION 1. SHORT TITLE. sion of protecting the safety of the travelling politan Washington Airports Authority is in This Act may be cited as the ‘‘Air Traffic public. full compliance with applicable airport noise Management Improvement Act of 1999’’. compatibility planning and program require- SEC. 5. AIR TRAFFIC CONTROL SYSTEM DEFINED. SEC. 2. AMENDMENTS TO TITLE 49, UNITED Section 40102(a) is amended— ments under part 150 of title 14, Code of Fed- STATES CODE. eral Regulations. (1) by redesignating paragraphs (5) through Except as otherwise specifically provided, (41) as paragraphs (6) through (42), respec- (C) SUNSET.—This paragraph shall cease to whenever in this Act an amendment or re- be in effect 5 years after the date of enact- tively; and peal is expressed in terms of an amendment (2) by inserting after paragraph (4) the fol- ment of this Act if on that date the Sec- to, or repeal of, a section or other provision retary of Transportation certifies that the lowing: of law, the reference shall be considered to ‘‘(5) ‘air traffic control system’ means the Metropolitan Washington Airports Author- be made to a section or other provision of ity has achieved full compliance with appli- combination of elements used to safely and title 49, United States Code. efficiently monitor, direct, control, and cable noise compatibility planning and pro- SEC. 3. DEFINITIONS. gram requirements under part 150 of title 14, guide aircraft in the United States and In this Act: Code of Federal Regulations. United States-assigned airspace, including— (1) ADMINISTRATOR.—The term ‘‘Adminis- ‘‘(A) allocated electromagnetic spectrum (4) REPORT.—Within 1 year after the date of trator’’ means the Administrator of the Fed- and physical, real, personal, and intellectual enactment of this Act, and biannually there- eral Aviation Administration. property assets making up facilities, equip- after, the Secretary shall certify to the (2) SECRETARY.—The term ‘‘Secretary’’ ment, and systems employed to detect, United States Senate Committee on Com- means the Secretary of the Department of track, and guide aircraft movement; merce, Science, and Transportation, the Transportation. ‘‘(B) laws, regulations, orders, directives, United States House of Representatives SEC. 4. FINDINGS. agreements, and licenses; Committee on Transportation and Infra- The Congress makes the following findings: ‘‘(C) published procedures that explain re- structure, the Governments of Maryland, (1) The nation’s air transportation system quired actions, activities, and techniques Virginia, and West Virginia and the metro- is projected to grow by 3.4 percent per year used to ensure adequate aircraft separation; politan planning organization of Wash- over the next 12 years. and ington, D.C., that noise standards, air traffic (2) Passenger enplanements are expected to ‘‘(D) trained personnel with specific tech- congestion, airport-related vehicular conges- rise to more than 1 billion by 2009, from the nical capabilities to satisfy the operational, tion safety standards, and adequate air serv- current level of 660 million. engineering, management, and planning re- ice to communities served by small hub air- (3) The aviation industry is one of our Na- quirements for air traffic control.’’. ports and medium hub airports within the tion’s critical industries, providing a means perimeter described in section 49109 of title SEC. 6. CHIEF OPERATING OFFICER FOR AIR of travel to people throughout the world, and TRAFFIC SERVICES. 49, United States Code, have been main- a means of moving cargo around the globe. (a) Section 106 is amended by adding at the tained at appropriate levels. (4) The ability of all sectors of American end the following: (g) NOISE COMPATIBILITY PLANNING AND society, urban and rural, to access and to ‘‘(r) CHIEF OPERATING OFFICER.— PROGRAMS.—Section 47117(e) is amended by compete effectively in the new and dynamic ‘‘(1) IN GENERAL.— adding at the end the following: global economy requires the ability of the ‘‘(A) APPOINTMENT.—There shall be a Chief ‘‘(3) The Secretary shall give priority in aviation industry to serve all the Nation’s Operating Officer for the air traffic control making grants under paragraph (1)(A) to ap- communities effectively and efficiently. system to be appointed by the Adminis- plications for airport noise compatibility (5) The Federal government’s role is to pro- trator, after consultation with the Manage- planning and programs at and around— mote a safe and efficient national air trans- ment Advisory Council. The Chief Operating ‘‘(A) Chicago O’Hare International Airport; portation system through the management Officer shall report directly to the Adminis- ‘‘(B) LaGuardia Airport; of the air traffic control system and through trator and shall be subject to the authority ‘‘(C) John F. Kennedy International Air- effective and sufficient investment in avia- of the Administrator. port; and tion infrastructure, including the Nation’s ‘‘(B) QUALIFICATIONS.—The Chief Operating ‘‘(D) Ronald Reagan Washington National airports. Officer shall have a demonstrated ability in Airport.’’. (6) Numerous studies and reports, includ- management and knowledge of or experience ing the National Civil Aviation Review Com- in aviation. (h) STUDY OF COMMUNITY NOISE LEVELS mission, have concluded that the projected ‘‘(C) TERM.—The Chief Operating Officer AROUND HIGH DENSITY AIRPORTS.—The Sec- retary of Transportation shall study commu- expansion of air service may be constrained shall be appointed for a term of 5 years. nity noise levels in the areas surrounding by gridlock in our Nation’s airways, unless ‘‘(D) REMOVAL.—The Chief Operating Offi- the 4 high-density airports after the 100 per- substantial management reforms are initi- cer shall serve at the pleasure of the Admin- cent Stage 3 fleet requirements are in place, ated for the Federal Aviation Administra- istrator, except that the Administrator shall and compare those levels with the levels in tion. make every effort to ensure stability and such areas before 1991. (7) The Federal Aviation Administration is continuity in the leadership of the air traffic responsible for safely and efficiently man- control system. (i) CONFORMING AMENDMENTS.— aging the National Airspace System 365 days ‘‘(E) COMPENSATION.— (1) Section 49111 is amended by striking a year, 24 hours a day. ‘‘(i) The Chief Operating Officer shall be subsection (4). (8) The Federal Aviation Administration’s paid at an annual rate of basic pay not to ex- (2) The chapter analysis for subchapter I of ability to efficiently manage the air traffic ceed that of the Administrator, including chapter 417 is amended— system in the United States is restricted by any applicable locality-based payment. This (A) redesignating the items relating to sec- antiquated air traffic control equipment. basic rate of pay shall subject the chief oper- tions 41715 and 41716 as relating to sections (9) The Congress has previously recognized ating officer to the post-employment provi- 41720 and 41721, respectively; and that the Administrator needs relief from the sions of section 207 of title 18 as if this posi- (B) by inserting after the item relating to Federal government’s cumbersome personnel tion were described in section 207(c)(2)(A)(i) section 41714 the following: and procurement laws and regulations to of that title.

VerDate 30-SEP-99 03:09 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.032 pfrm01 PsN: S04PT1 S11886 CONGRESSIONAL RECORD — SENATE October 4, 1999 ‘‘(ii) In addition to the annual rate of basic ‘‘(ii) in the case of subsequent appoint- other interested parties, shall conduct a pay authorized by paragraph (1) of this sub- ments to the Council, the Secretary of comprehensive redesign of the national air- section, the Chief Operating Officer may re- Transportation.’’. space system and shall submit a report to ceive a bonus not to exceed 50 percent of the (b) TERMS OF MEMBERS.—Section the Committee on Commerce, Science, and annual rate of basic pay, based upon the Ad- 106(p)(6)(A)(i) is amended by striking ‘‘by the Transportation of the Senate and to the ministrator’s evaluation of the Chief Oper- President’’. Committee on Transportation and Infra- ating Officer’s performance in relation to the (c) AIR TRAFFIC SERVICES SUBCOMMITTEE.— structure of the House on the Administra- performance goals set forth in the perform- Section 106(p)(6) is amended by adding at the tor’s comprehensive national airspace rede- ance agreement described in subsection (b) of end thereof the following: sign. The report shall include projected mile- this section. A bonus may not cause the ‘‘(E) AIR TRAFFIC SERVICES SUB- stones for completion of the redesign and Chief Operating Officer’s total aggregate COMMITTEE.—The Chairman of the Manage- shall also include a date for completion. The compensation in a calendar year to equal or ment Advisory Council shall constitute an report must be submitted to the Congress no exceed the amount of the President’s salary Air Traffic Services Subcommittee to pro- later than December 31, 2000. There are au- under section 102 of title 3, United States vide comments, recommend modifications, thorized to be appropriated to the Adminis- Code. and provide dissenting views to the Adminis- trator to carry out this section $12,000,000 for ‘‘(2) ANNUAL PERFORMANCE AGREEMENT.— trator on the performance of air traffic serv- fiscal years 2000, 2001, and 2002. The Administrator and the Chief Operating ices, including— SEC. 10. FAA COSTS AND ALLOCATIONS SYSTEM Officer shall enter into an annual perform- ‘‘(i) the performance of the Chief Operating MANAGEMENT. ance agreement that sets forth measurable Officer and other senior managers within the (a) REPORT ON THE COST ALLOCATION SYS- organization and individual goals for the air traffic organization of the Federal Avia- TEM.—No later than July 9, 2000, the Admin- Chief Operating Officer in key operational tion Administration; istrator shall submit a report to the Com- areas. The agreement shall be subject to re- ‘‘(ii) long-range and strategic plans for air mittee on Commerce, Science, and Transpor- view and renegotiation on an annual basis. traffic services; tation of the Senate and the Committee on ‘‘(3) ANNUAL PERFORMANCE REPORT.—The ‘‘(iii) review the Administrator’s selection, Transportation and Infrastructure of the Chief Operating Officer shall prepare and evaluation, and compensation of senior ex- House on the cost allocation system cur- submit to the Secretary of Transportation ecutives of the Federal Aviation Administra- rently under development by the Federal and Congress an annual management report tion who have program management respon- Aviation Administration. The report shall containing such information as may be pre- sibility over significant functions of the air include a specific date for completion and scribed by the Secretary. traffic control system; implementation of the cost allocation sys- ‘‘(4) RESPONSIBILITIES.—The Administrator ‘‘(iv) review and make recommendations to may delegate to the Chief Operating Officer, tem throughout the agency and shall also in- or any other authority within the Federal the Administrator’s plans for any major re- clude the timetable and plan for the imple- Aviation Administration responsibilities, in- organization of the Federal Aviation Admin- mentation of a cost management system. (b) INDEPENDENT ASSESSMENT.— cluding, but not limited to the following: istration that would effect the management (1) IN GENERAL.—The Inspector General of ‘‘(A) STRATEGIC PLANS.—To develop a stra- of the air traffic control system; the Department of Transportation shall con- tegic plan for the Federal Aviation Adminis- ‘‘(v) review, and make recommendations duct the assessments described in this sub- tration for the air traffic control system, in- the Administrator’s cost allocation system section. To conduct the assessments, the In- cluding the establishment of— and financial management structure and ‘‘(i) a mission and objectives; technologies to help ensure efficient and spector General may use the staff and re- ‘‘(ii) standards of performance relative to cost-effective air traffic control operation. sources of the Inspector General or contract such mission and objectives, including safe- ‘‘(vi) review the performance and co-oper- with one or more independent entities. ty, efficiency, and productivity; and ation of managers responsible for major ac- (2) ASSESSMENT OF ADEQUACY AND ACCURACY ‘‘(iii) annual and long-range strategic quisition projects, including the ability of OF FEDERAL AVIATION ADMINISTRATION COST plans. the managers to meet schedule and budget DATA AND ATTRIBUTIONS.— ‘‘(iv) methods of the Federal Aviation Ad- targets; and (A) IN GENERAL.—The Inspector General ministration to accelerate air traffic control ‘‘(vii) other significant actions that the shall conduct an assessment to ensure that modernization and improvements in aviation Subcommittee considers appropriate and the method for calculating the overall costs safety related to air traffic control. that are consistent with the implementation of the Federal Aviation Administration and ‘‘(B) OPERATIONS.—To review the oper- of this Act.’’. attributing such costs to specific users is ap- ational functions of the Federal Aviation Ad- propriate, reasonable, and understandable to SEC. 8. COMPENSATION OF THE ADMINISTRATOR. ministration, including— the users. ‘‘(i) modernization of the air traffic control Section 106(b) is amended— (B) COMPONENTS.—In conducting the as- system; (1) by inserting ‘‘(1)’’ before ‘‘The’’; and sessment under this paragraph, the Inspector ‘‘(ii) increasing productivity or imple- (2) by adding at the end the following: General shall assess the Federal Aviation menting cost-saving measures; and ‘‘(2) In addition to the annual rate of pay Administration’s definition of the services to ‘‘(iii) training and education. authorized for the Administrator, the Ad- which the Federal Aviation Administration ‘‘(C) BUDGET. —To— ministrator may receive a bonus not to ex- ultimately attributes its costs. ‘‘(i) develop a budget request of the Federal ceed 50 percent of the annual rate of basic (3) COST EFFECTIVENESS.— Aviation Administration related to the air pay, based upon the Secretary’s evaluation (A) IN GENERAL.—The Inspector General traffic control system prepared by the Ad- of the Administrator’s performance in rela- shall assess the progress of the Federal Avia- ministrator; tion to the performance goals set forth in a tion Administration in cost and performance ‘(i) submit such budget request to the Ad- performance agreement. A bonus may not management, including use of internal and ministrator and the Secretary of Transpor- cause the Administrator’s total aggregate external benchmarking in improving the per- tation; and compensation in a calendar year to equal or formance and productivity of the Federal ‘‘(iii) ensure that the budget request sup- exceed the amount of the President’s salary Aviation Administration. ports the annual and long-range strategic under section 102 of title 3, United States (B) ANNUAL REPORTS.—Not later than De- plans developed under paragraph (4)(A) of Code.’’. cember 31, 2000, the Inspector General shall this subsection. SEC. 9. NATIONAL AIRSPACE REDESIGN. transmit to Congress an updated report con- ‘‘(5) BUDGET SUBMISSION.—The Secretary taining the results of the assessment con- shall submit the budget request prepared (a) FINDINGS RELATING TO THE NATIONAL ducted under this paragraph. under paragraph (4)(D) of this subsection for AIRSPACE.—The Congress makes the fol- (C) INFORMATION TO BE INCLUDED IN FED- any fiscal year to the President who shall lowing additional findings: ERAL AVIATION ADMINISTRATION FINANCIAL RE- submit such request, without revision, to the (1) The National airspace, comprising more than 29 million square miles, handles more PORT.—The Administrator shall include in Committees on Transportation and Infra- the annual financial report of the Federal structure and Appropriations of the House of than 55,000 flights per day. Aviation Administration information on the Representatives and the Committees on (2) Almost 2,000,000 passengers per day tra- performance of the Administration sufficient Commerce, Science, and Transportation and verse the United States through 20 major en to permit users and others to make an in- Appropriations of the Senate, together with route centers including more than 700 dif- formed evaluation of the progress of the Ad- the President’s annual budget request for the ferent sectors. ministration in increasing productivity. Federal Aviation Administration for such (3) Redesign and review of the National air- fiscal year.’’. space may produce benefits for the traveling SEC. 11. AIR TRAFFIC MODERNIZATION PILOT PROGRAM. SEC. 7. FEDERAL AVIATION MANAGEMENT ADVI- public by increasing the efficiency and ca- (a) IN GENERAL.—Chapter 445 is amended SORY COUNCIL. pacity of the air traffic control system and by adding at the end thereof the following: (a) MEMBERSHIP.—Section 106(p)(2)(C) is reducing delays. amended to read as follows: (4) Redesign of the National airspace ‘‘§ 44516. Air traffic modernization joint ven- ‘‘(C) 13 members representing aviation in- should be a high priority for the Federal ture pilot program terests, appointed by— Aviation Administration and the air trans- ‘‘(a) PURPOSE.—It is the purpose of this (i) in the case of initial appointments to portation industry. section to improve aviation safety and en- the Council, the President by and with the (b) REDESIGN REPORT.—The Administrator, hance mobility of the nation’s air transpor- advice and consent of the Senate; and with advice from the aviation industry and tation system by facilitating the use of joint

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ventures and innovative financing, on a pilot lating to the financing of eligible projects, ‘‘(f) UNITED STATES NOT OBLIGATED—The program basis, between the Federal Aviation provided that any public debt issuance shall contribution of Federal funds to the Associa- Administration and industry, to accelerate be rated investment grade by a nationally tion pursuant to subsection (d) of this sec- investment in critical air traffic control fa- recognized statistical rating organization. tion shall not be construed as a commit- cilities and equipment. ‘‘(B) to lend funds and enter into lease ar- ment, guarantee, or obligation on the part of ‘‘(b) DEFINITIONS.—As used in this section: rangements as lessor with obligors, but— the United States to any third party, nor ‘‘(1) ASSOCIATION.—The term ‘Association’ ‘‘(i) the term of financing offered by the shall any third party have any right against means the Air Traffic Modernization Asso- Association shall not exceed the useful life the United States by virtue of the contribu- ciation established by this section. of the eligible project being financed, as esti- tion. The obligations of the Association do ‘‘(2) PANEL.—The term ‘panel’ means the mated by the Administrator; and not constitute any commitment, guarantee executive panel of the Air Traffic Moderniza- ‘‘(ii) the aggregate amount of combined or obligation of the United States. tion Association. debt and lease financing provided under this ‘‘(g) REPORT TO CONGRESS.—Not later than ‘‘(3) OBLIGOR.—The term ‘obligor’ means a subsection for air traffic control facilities 3 years after establishment of the Associa- public airport, an air carrier or foreign air and equipment— tion, the Administrator shall provide a com- carrier that operates a public airport, or a ‘‘(I) may not exceed $500,000,000 per fiscal prehensive and detailed report to the Senate consortium consisting of 2 or more of such year for fiscal years 2000, 2001, and 2002; Committee on Commerce, Science, and entities. ‘‘(II) shall be used for not more than 10 Transportation and the House Committee on ‘‘(4) ELIGIBLE PROJECT.—The term ‘eligible projects; and Transportation and Infrastructure on the As- project’ means a project relating to the na- ‘‘(III) may not provide funding in excess of sociation’s activities including— tion’s air traffic control system that pro- $50,000,000 for any single project; and ‘‘(1) an assessment of the Association’s ef- motes safety, efficiency or mobility, and is ‘‘(C) to exercise all other powers that are fectiveness in accelerating the moderniza- included in the Airway Capital Investment necessary and proper to carry out the pur- tion of the air traffic control system; Plan required by section 44502, including— poses of this section. ‘‘(2) a full description of the projects fi- ‘‘(A) airport-specific air traffic facilities ‘‘(5) PROJECT SELECTION CRITERIA.—In se- nanced by the Association and an evaluation and equipment, including local area aug- lecting eligible projects from applicants to of the benefits to the aviation community mentation systems, instrument landings sys- be funded under this section, the Association and general public of such investment; and tems, weather and wind shear detection shall consider the following criteria: ‘‘(3) recommendations as to whether this equipment, lighting improvements and con- ‘‘(A) The eligible projects’ contribution to pilot program should be expanded or other trol towers; the national air transportation system, as strategies should be pursued to improve the ‘‘(B) automation tools to effect improve- outlined in the Federal Aviation Administra- safety and efficiency of the nation’s air ments in airport capacity, including passive tion’s modernization plan for alleviating transportation system. congestion, enhancing mobility, and improv- final approach spacing tools and traffic man- ‘‘(h) AUTHORIZATION.—Not more than the agement advisory equipment; and ing safety. following amounts may be appropriated to ‘‘(C) facilities and equipment that enhance ‘‘(B) The credit-worthiness of the revenue the Administrator from amounts made avail- airspace control procedures, including con- stream pledged by the obligor. able under section 4801(a) of this title for the ‘‘(C) The extent to which assistance by the solidation of terminal radar control facili- agency’s share of the organization and ad- Association will enable the obligor to accel- ties and equipment, or assist in en route sur- ministrative costs for the Air Traffic Mod- erate the date of substantial completion of veillance, including oceanic and off-shore ernization Association. the project. flight tracking. ‘‘(1) $500,000 for fiscal year 2000; ‘‘(D) The extent of economic benefit to be ‘‘(5) SUBSTANTIAL COMPLETION.—The term ‘‘(2) $500,000 for fiscal year 2001; and derived within the aviation industry, includ- ‘substantial completion’ means the date ‘‘(3) $500,000 for fiscal year 2002. ing both public and private sectors. upon which a project becomes available for ‘‘(i) RELATIONSHIP TO OTHER AUTHORITIES.— ‘‘(d) AUTHORITY TO ENTER INTO JOINT VEN- service. Nothing in this section is intended to limit TURE.— ‘‘(c) AIR TRAFFIC MODERNIZATION ASSOCIA- or diminish existing authorities of the Ad- TION.— ‘‘(1) IN GENERAL.—Subject to the conditions set forth in this section, the Administrator ministrator to acquire, establish, improve, ‘‘(1) IN GENERAL.—There may be estab- operate, and maintain air navigation facili- lished in the District of Columbia a private, of the Federal Aviation Administration is authorized to enter into a joint venture, on ties and equipment.’’. not for profit corporation, which shall be ONFORMING AMENDMENTS.— a pilot program basis, with Federal and non- (b) C known as the Air Traffic Modernization As- ‘‘(1) Section 40117(b)(1) is amended by strik- Federal entities to establish the Air Traffic sociation, for the purpose of providing assist- ing ‘‘controls.’’ and inserting ‘‘controls, or to Modernization Association described in sub- ance to obligors through arranging lease and finance an eligible project through the Air section (c) for the purpose of acquiring, pro- debt financing of eligible projects. Traffic Modernization Association in accord- curing or utilizing of air traffic facilities and ‘‘(2) NON-FEDERAL ENTITY.—The Associa- ance with section 44516 of this title.’’. equipment in accordance with the Airway tion shall not be an agency, instrumentality ‘‘(2) The analysis for chapter 445 is amend- Capital Investment Plan. or establishment of the United States Gov- ed by adding at the end the following: ernment and shall not be a ‘wholly-owned ‘‘(2) COST SHARING.—The Administrator is Government controlled corporation’ as de- authorized to make payments to the Asso- ‘‘44516. Air traffic modernization pilot pro- fined in section 9101 of title 31, United States ciation from amounts available under sec- gram.’’. Code. No action under section 1491 of title 28, tion 4801(a) of this title, provided that the United States Code shall be allowable agency’s share of an annual payment for a BRYAN AMENDMENT NO. 1894 lease or other financing agreement does not against the United States based on the ac- (Ordered to lie on the table.) tions of the Association. exceed the direct or imputed interest portion ‘‘(3) EXECUTIVE PANEL.— of each annual payment for an eligible Mr. BRYAN submitted an amend- ‘‘(A) The Association shall be under the di- project. The share of the annual payment to ment intended to be proposed by him rection of an executive panel made up of 3 be made by an obligor to the lease or other to the bill, S. 82, supra; as follows: members, as follows: financing agreement shall be in sufficient At the appropriate place, add the following ‘‘(i) 1 member shall be an employee of the amount to amortize the asset cost. If the ob- new section: ligor is an airport sponsor, the sponsor may Federal Aviation Administration to be ap- SEC. .— pointed by the Administrator; use revenue from a passenger facility fee, Any regulations based upon the ‘‘Evalua- ‘‘(ii) 1 member shall be a representative of provided that such revenue does not exceed tion Methodology for Air Tour Operations commercial air carriers, to be appointed by 25 cents per enplaned passenger per year. Over Grand Canyon National Park’’ adopted the Management Advisory Council; and ‘‘(3) PROJECT SPECIFICATIONS.—The Admin- by the National Park Service on July 14, 1999 ‘‘(iii) 1 member shall be a representative of istrator shall have the sole authority to ap- shall not be implemented until 90 days after operators of primary airports, to be ap- prove the specifications, staffing require- the National Park Service has provided to pointed by the Management Advisory ments, and operating and maintenance plan Congress a report describing 1) the reason- Council. for each eligible project, taking into consid- ‘‘(B) The panel shall elect from among its eration the recommendations of the Air able scientific basis for such evaluation members a chairman who shall serve for a Traffic Services Subcommittee of the Man- methodology and 2) the peer review process term of 1 year and shall adopt such bylaws, agement Advisory Council. used to validate such evaluation method- ology. policies, and administrative provisions as ‘‘(e) INCENTIVES FOR PARTICIPATION.—An are necessary to the functioning of the airport sponsor that enters into a lease or fi- Association. nancial arrangement financed by the Air INOUYE AMENDMENT NO. 1895 ‘‘(4) POWERS, DUTIES AND LIMITATIONS.— Traffic Modernization Association may use Mr. INOUYE submitted an amend- Consistent with sound business techniques its share of the annual payment as a credit and provisions of this chapter, the Associa- toward the non-Federal matching share re- ment intended to be proposed by him tion is authorized— quirement for any funds made available to to the bill, S. 82, supra; as follows: ‘‘(A) to borrow funds and enter into lease the sponsor for airport development projects At the end of title IV, insert the following arrangements as lessee with other parties re- under chapter 471 of this title. new section:

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SEC. 441. CARRY-ON BAGGAGE. (b) CONFORMING AMENDMENT.—The table of (2) LIMITATION.—The powers granted to a (a) DEFINITIONS.—In this section: sections for chapter 463 is amended by adding State or local law enforcement officer depu- (1) AIRPLANE.—The term ‘‘airplane’’ means at the end the following: tized under the program established under an airplane, as that term is used in section ‘‘46317. Interference with cabin or flight subsection (b) shall be limited to enforcing 121.589 of title 14, Code of Federal Regula- crew.’’. Federal laws relating to security on board tions. SEC. ll02. DEPUTIZING OF STATE AND LOCAL aircraft in flight. (2) CARRY-ON BAGGAGE.—The term ‘‘carry- LAW ENFORCEMENT OFFICERS. (3) STATUS.—A State or local law enforce- on baggage’’ does not include child safety (a) DEFINITIONS.—In this section: ment officer that is deputized as a Deputy seats or assistive devices used by disabled (1) AIRCRAFT.—The term ‘‘aircraft’’ has the United States Marshal under the program es- passengers. meaning given that term in section 40102. tablished under subsection (b) shall not— (3) CERTIFICATE HOLDER.—The term ‘‘cer- (2) AIR TRANSPORTATION.—The term ‘‘air (A) be considered to be an employee of the tificate holder’’ means a certificate holder, transportation’’ has the meaning given that Federal Government; or as that term is used in section 121.589 of title term in section 40102. (B) receive compensation from the Federal 14, Code of Federal Regulations. (3) ATTORNEY GENERAL.—The term ‘‘Attor- Government by reason of service as a Deputy (4) PASSENGER.—The term ‘‘passenger’’ in- ney General’’ means the Attorney General of United States Marshal in the program. cludes any child under the age of 2 who the United States. (d) STATUTORY CONSTRUCTION.—Nothing in boards an airplane of a certificate holder, (b) ESTABLISHMENT OF A PROGRAM TO DEPU- this section may be construed to— without regard to whether a ticket for air TIZED LOCAL LAW ENFORCEMENT OFFICERS.— (1) grant a State or local law enforcement transportation was purchased for the child. (1) IN GENERAL.—Not later than 180 days officer that is deputized under the program (b) REGULATIONS.—Not later than 6 months after the date of enactment of this Act, the under subsection (b) the power to enforce after the date of enactment of this Act, the Attorney General shall— any Federal law that is not described in sub- Administrator of the Federal Aviation Ad- (A) establish a program under which the section (c); or ministration shall promulgate revised regu- Attorney General may deputize State and (2) limit the authority that a State or local lations to modify the regulations contained local law enforcement officers as Deputy law enforcement officer may otherwise exer- in section 121.589 of title 14, Code of Federal United States Marshals for the limited pur- cise in the capacity under any other applica- Regulations, to establish a uniform standard pose of enforcing Federal laws that regulate ble State or Federal law. for certificate holders governing— security on board aircraft, including laws re- (e) REGULATIONS.—The Attorney General (1) the number of pieces of carry-on bag- lating to violent, abusive, or disruptive be- may promulgate such regulations as may be gage allowed per passenger; havior by passengers of air transportation; necessary to carry out this section. (2) the dimensions of each allowable carry- and on baggage; and (B) encourage the participation of law en- ABRAHAM AMENDMENT NO. (3) a definition of carry-on baggage. forcement officers of State and local govern- 1897 ments in the program established under sub- (Ordered to lie on the table.) REID (AND FRIST) AMEND- paragraph (A). (2) CONSULTATION.—In establishing the pro- Mr. ABRAHAM submitted an amend- MENT NO. 1896 gram under paragraph (1), the Attorney Gen- ment intended to be proposed by him (Ordered to lie on the table.) eral shall consult with appropriate officials to the bill, S. 82, supra; as follows: Mr. REID (for himself and Mr. FRIST) of— At the appropriate place insert the fol- submitted an amendment intended to (A) the Federal Government (including the lowing: Administrator of the Federal Aviation Ad- be proposed by them to the Bill, S. 82, SEC. . GENERAL AVIATION METROPOLITAN ministration or a designated representative supra; as follows: ACCESS AND RELIEVER AIRPORT of the Administrator); and GRANT FUND. At the appropriate place, add the following (B) State and local governments in any ge- new title: (a) DEFINITION.—Title 49, United States ographic area in which the program may Code, is amended by adding the following ll TITLE —PENALTIES FOR UNRULY operate. new section at the end of section 47144(d)(1): (3) TRAINING AND BACKGROUND OF LAW EN- PASSENGERS ‘‘(C) GENERAL AVIATION METROPOLITAN AC- FORCEMENT OFFICERS.— SEC. ll01. PENALTIES FOR UNRULY PAS- CESS AND RELIEVER AIRPORT.—‘General Avia- SENGERS. (A) IN GENERAL.—Under the program estab- tion Metropolitan Access and Reliever Air- (a) IN GENERAL.—Chapter 463 is amended lished under this subsection, to qualify to port’ means a Reliever Airport which has an- by adding at the end the following: serve as a Deputy United States Marshal nual operations in excess of 75,000 oper- under the program, a State or local law en- ations, a runway with a minimum usable ‘‘§ 46317. Interference with cabin or flight forcement officer shall— landing distance of 5,000 feet, a precision in- crew (i) meet the minimum background and strumental landing procedure, a minimum of ‘‘(a) GENERAL RULE.— training requirements for a law enforcement 150 based aircraft, and where the adjacent ‘‘(1) IN GENERAL.—An individual who phys- officer under part 107 of title 14, Code of Fed- Air Carrier Airport exceeds 20,000 hours of ically assaults or threatens to physically as- eral Regulations (or equivalent requirements annual delays as determined by the Federal sault a member of the flight crew or cabin established by the Attorney General); and Aviation Administration. crew of a civil aircraft or any other indi- (ii) receive approval to participate in the (b) APPORTIONMENT. States Code, section vidual on the aircraft, or takes any action program from the State or local law enforce- that poses an imminent threat to the safety 4711(d), is amended by adding at the end: ment agency that is the employer of that ‘‘(4) The Secretary shall apportion an addi- of the aircraft or other individuals on the law enforcement officer. tional 5 per cent of the amount subject to ap- aircraft is liable to the United States Gov- (B) TRAINING NOT FEDERAL RESPONSI- portionment for each fiscal year to States ernment for a civil penalty of not more than BILITY.—The Federal Government shall not that include a General Aviation Metropoli- $25,000. be responsible for providing to a State or tan Access and Reliever Airport equal to the ‘‘(2) ADDITIONAL PENALTIES.—In addition or local law enforcement officer the training re- percentage of the apportionment equal to as an alternative to the penalty under para- quired to meet the training requirements graph (1), the Secretary of Transportation the percentage of the number of operations under subparagraph (A)(i). Nothing in this of the State’s eligible General Aviation Met- (referred to in this section as the ‘Sec- subsection may be construed to grant any retary’) may prohibit the individual from ropolitan Access and Reliever Airports com- such law enforcement officer the right to at- pared to the total operations of all General flying as a passenger on an aircraft used to tend any institution of the Federal Govern- provide air transportation for a period of not Aviation Metropolitan Access and Reliever ment established to provide training to law Airports.’’ more than 1 year. enforcement officers of the Federal Govern- ‘‘(b) REGULATIONS.—The Secretary shall ment. issue regulations to carry out paragraph (2) (c) POWERS AND STATUS OF DEPUTIZED LAW BAUCUS AMENDMENT NO. 1898 of subsection (a), including establishing pro- ENFORCEMENT OFFICERS.— Mr. BAUCUS proposed an amend- cedures for imposing bans on flying, imple- (1) IN GENERAL.—Subject to paragraph (2), a ment to the bill, S. 82, supra; as fol- menting such bans, and providing notifica- State or local law enforcement officer that is tion to air carriers of the imposition of such deputized as a Deputy United States Marshal lows: bans. under the program established under sub- At the appropriate place, insert the fol- ‘‘(c) COMPROMISE AND SETOFF.— section (b) may arrest and apprehend an in- lowing new section: ‘‘(1) COMPROMISE.—The Secretary may dividual suspected of violating any Federal SEC. . REPORTING OF REASONS FOR DELAYS OR compromise the amount of a civil penalty law described in subsection (b)(1)(A), includ- CANCELLATIONS IN AIR FLIGHTS. imposed under this section. ing any individual who violates a provision In addition to the information required to ‘‘(2) SETOFF.—The United States Govern- subject to a civil penalty under section 46301 be included in each report filed with the Of- ment may deduct the amount of a civil pen- of title 49, United States Code, or section fice of Airline Information of the Depart- alty imposed or compromised under this sec- 46302, 46303, 46504, 46505, or 46507 of that title, ment of Transportation under section 234.4 of tion from amounts the Government owes the or who commits an act described in section title 14, Code of Federal Regulations (as in person liable for the penalty.’’. 46506 of that title. effect on the date of enactment of this Act),

VerDate 30-SEP-99 04:21 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.035 pfrm01 PsN: S04PT1 October 4, 1999 CONGRESSIONAL RECORD — SENATE S11889 each air carrier subject to the reporting re- (d) NO MANDATE.—Nothing in this section SNOWE AMENDMENT NO. 1904 quirement shall specify the reasons for shall be construed to mandate, or to permit delays or cancellations in all air flights to the Secretary to mandate, the use of noise (Ordered to lie on the table.) and from all airports for which the carrier abatement settings by pilots. Ms. SNOWE submittted an amend- provides service during the period covered by SEC. ll02. GAO REVIEW OF AIRCRAFT ENGINE ment intended to be proposed by her to the airport. NOISE ASSESSMENT. the bill, S. 82, supra; as follows: (a) GAO STUDY.—Not later than 1 year At the end of title V of the Manager’s sub- LEVIN (AND ABRAHAM) after the date of enactment of this Act, the stitute amendment, add the following: AMENDMENT NO. 1899 Comptroller General of the United States SEC. ll. REQUIREMENT TO ENHANCE COMPETI- shall conduct a study and report to Congress TIVENESS OF SLOT EXEMPTIONS Mr. ROCKEFELLER (for Mr. LEVIN on regulations and activities of the Federal FOR REGIONAL JET AIR SERVICE (for himself and Mr. ABRAHAM)) pro- Aviation Administration in the area of air- AND NEW ENTRANT AIR CARRIERS posed an amendment to the bill, S. 82, craft engine noise assessment. The study AT CERTAIN HIGH DENSITY TRAFFIC AIRPORTS. supra; as follows: shall include a review of— (1) the consistency of noise assessment (a) IN GENERAL.—Subchapter I of chapter At the appropriate place, insert the fol- techniques across different aircraft models 417, as amended by sections 507 and 508, is lowing new section: and aircraft engines, and with varying amended by adding at the end thereof the SEC. . DESIGNATION OF GENERAL AVIATION weight and thrust settings; and following: AIRPORT. (2) a comparison of testing procedures used ‘‘§ 41721. Requirement to enhance competi- Section 47118 of title 49, United States for unmodified engines and engines with tiveness of slot exemptions for nonstop re- Code, is amended— gional jet air service and new entrant air (1) in the second sentence of subsection (a), hush kits or other quieting devices. (b) RECOMMENDATIONS TO THE FAA.—The carriers at certain airports by striking ‘‘12’’ and inserting ‘‘15’’; and Comptroller General’s report shall include (2) by adding at the end the following new ‘‘In granting slot exemptions for nonstop specific recommendations to the Federal subsection: regional jet air service and new entrant air Aviation Administration on new measures ‘‘(g) DESIGNATION OF GENERAL AVIATION carriers under this subchapter to John F. that should be implemented to ensure con- AIRPORT.—Notwithstanding any other provi- Kennedy International Airport, and La sion of this section, at least one of the air- sistent measurement of aircraft engine Guardia Airport, the Secretary of Transpor- ports designated under subsection (a) may be noise. tation shall require the Federal Aviation Ad- ll a general aviation airport that is a former SEC. 03. GAO REVIEW OF FAA COMMUNITY ministration to provide commercially rea- military installation closed or realigned NOISE ASSESSMENT. sonable times to takeoffs and landings of air (a) GAO STUDY.—Not later than 1 year under a law described in subsection (a)(1).’’. flights conducted under those exemptions.’’. after the date of enactment of this Act, the (b) CONFORMING AMENDMENT.—The chapter Comptroller General of the United States analysis for subchapter I of chapter 417, as ROBB (AND OTHERS) AMENDMENT shall conduct a study and report to Congress amended by this title, is amended by adding NO. 1900 on the regulations and activities of the Fed- at the end thereof the following: (Ordered to lie on the table.) eral Aviation Administration in the area of ‘‘41721. Requirement to enhance competitive- noise assessment in communities near air- Mr. ROBB (for himself, Ms. MIKULSKI, ness of slot exemptions for non- ports. The study shall include a review of stop regional jet air service and and Mr. SARBANES) submitted an whether the noise assessment practices of amendment intended to be proposed by new entrant air carriers at cer- the Federal Aviation Administration fairly tain airports.’’. them to the bill, S. 82, supra; as fol- and accurately reflect the burden of noise on lows: communities. f At the appropriate place, insert the fol- (b) RECOMMENDATIONS TO THE FAA.—The NOTICES OF HEARINGS lowing new section: Comptroller General’s report shall include COMMITTEE ON AGRICULTURE, NUTRITION, AND SEC. . CURFEW. specific recommendations to the Federal FORESTRY Notwithstanding any other provision of Aviation Administration on new measures to law, any exemptions granted to air carriers improve the assessment of airport noise in Mr. LUGAR. Mr. President, I would under this Act may not result in additional communities near airports. like to announce that the Senate Com- operations at Ronald Reagan Washington mittee on Agriculture, Nutrition, and AMENDMENT NO. 1902 National Airport between the hours of 10:00 Forestry will meet on October 6, 1999 in p.m. and 7:00 a.m. At the appropriate place, insert the fol- SR–328A at 9:00 a.m. The purpose of lowing new section: SEC. ll. LIMITATIONS ON EXEMPTIONS. this meeting will be to discuss The ROBB (AND OTHERS) Notwithstanding any other provision of Science of Biotechnology and its AMENDMENTS NOS. 1901–1902 law, no additional operations may be granted Potential Applications to Agriculture. (Ordered to lie on the table.) for Ronald Reagan Washington National Air- COMMITTEE ON AGRICULTURE, NUTRITION, AND Mr. ROBB (for himself, Mr. SAR- port above the level that existed on January FORESTRY BANES, and Ms. MIKULSKI) submitted 1, 1999. Mr. LUGAR. Mr. President, I would two amendments intended to be pro- like to announce that the Senate Com- posed by them to the bill, S. 82, supra; BAUCUS AMENDMENT NO. 1903 mittee on Agriculture, Nutrition, and as follows: (Ordered to lie on the table.) Forestry will meet on October 7, 1999 in AMENDMENT NO. 1901 Mr. BAUCUS submitted an amend- SR–328A at 9:00 a.m. The purpose of At the appropriate place, insert the fol- ment intended to be proposed by him this meeting will be to discuss The lowing new title: to the bill, S. 82, supra; as follows: Regulation of Products of Bio- TITLE ll—lllllll At the appropriate place, insert the fol- technology and New Challenges Faced ll lowing new section: By Farmers and Food Business. SEC. 01. GOOD NEIGHBORS POLICY. ll SEC. . AUDIT AND INVESTIGATION OF SUFFI- SUBCOMMITTEE ON FOREST AND PUBLIC LAND (a) PUBLIC DISCLOSURE OF NOISE MITIGA- CIENCY OF INFORMATION RE- MANAGEMENT TION EFFORTS BY AIR CARRIERS.—Not later PORTED TO THE DEPARTMENT OF than 1 year after the date of enactment of TRANSPORTATION ON DELAYS AND Mr. CRAIG. Mr. President, I would this Act, and annually thereafter, the Sec- CANCELLATIONS OF AIR FLIGHTS. like to announce for the public some retary of Transportation shall collect and (a) AUDIT AND INVESTIGATION.—The Inspec- changes to the agenda for the hearing publish information provided by air carriers tor General of the Department of Transpor- that is scheduled before the Sub- regarding their operating practices that en- tation shall conduct an audit and investiga- courage their pilots to follow the Federal tion of the sufficiency of information trans- committee on Forests and Public Land Aviation Administration’s operating guide- mitted by air carriers to the Department Management of the Senate Committee lines on noise abatement. with respect to delays or cancellations in air on Energy and Natural Resources on (b) SAFETY FIRST.—The Secretary shall flights caused by mechanical failure of air- Thursday, October 14, 1999 at 2:30 p.m. take such action as is necessary to ensure craft, with special attention to the suffi- in room SD–366 of the Dirksen Senate that noise abatement efforts do not threaten ciency of information on the reasons for such Office Building in Washington, DC. aviation safety. delays or cancellations. S. 1331, a bill to give Lincoln County, ll (c) PROTECTION OF PROPRIETARY INFORMA- (b) REPORT.—Not later than days after Nevada, the right to purchase at fair TION.—In publishing information required by the date of enactment of this Act, the In- this section, the Secretary shall take such spector General of the Department of Trans- market value certain public land in the action as is necessary to prevent the disclo- portation shall submit a report to Congress county, has been deleted from the sure of any air carrier’s proprietary informa- setting forth the findings of the audit and in- agenda; S. 1343, a bill to direct the Sec- tion. vestigation conducted under subsection (a). retary of Agriculture to convey certain

VerDate 30-SEP-99 04:21 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A04OC6.046 pfrm01 PsN: S04PT1 S11890 CONGRESSIONAL RECORD — SENATE October 4, 1999 National Forest land to Elko County, cerned that eight of these House V. Friedman, of California; Susan B. Nevada, for continued use as a ceme- church leaders may face execution if Robfogel, of New York; and Barbara tery, has been added to the agenda. they are labeled and treated as leaders Childs Wallace, of Mississippi. Those who wish to submit written of a cult. Let me say clearly and un- f statements should write to the Com- equivocally that the eyes of the inter- mittee on Energy and Natural national community are watching. I ORDERS FOR TUESDAY, OCTOBER Resources, U.S. Senate, Washington, hope that these peaceful people will be 5, 1999 DC 20510. For further information, released. Mr. BENNETT. Mr. President, I ask please call Mike Menge at (202) 224– In the months leading up to this fif- unanimous consent that when the Sen- 6170. tieth anniversary celebration, every- ate completes its business today, it ad- f thing and everyone were swept aside to journ until the hour of 9:30 a.m. on ADDITIONAL STATEMENTS cast a glamorous light on the Com- Tuesday, October 5. I further ask unan- munist party. But the reality was quite imous consent that on Tuesday, imme- ugly. Hundreds of street children, diately following the prayer, the Jour- FIFTIETH ANNIVERSARY OF THE homeless, and mentally and physically nal of proceedings be approved to date, PEOPLE’S REPUBLIC OF CHINA disabled people were rounded up and the morning hour be deemed expired, ∑ Mr. HUTCHINSON. Mr. President, forced into Custody and Repatriation the time for the two leaders be re- the Communist party celebrated the centers across the country. There they served for their use later in the day, fiftieth anniversary of the People’s Re- were beaten, they were given poor food and the Senate then resume debate on public of China on October 1. Unfortu- in unsanitary conditions, and they had S. 82, the Federal aviation authoriza- nately, many Chinese people had little to pay rent. tion bill. reason to celebrate. Indeed, this was In fact, only 500,000 carefully selected The PRESIDING OFFICER. Without not a celebration of the Chinese people citizens were allowed to participate in objection, it is so ordered. but an orchestrated celebration of the the celebration in Beijing. Non-Beijing Mr. BENNETT. Mr. President, I ask Communist party—a party of purges. residents could not enter the city and unanimous consent that the Senate From the formative decade of Yenan, migrant workers were sent home. They stand in recess from the hours of 12:30 where the party was headquartered, did not see the Communist Party in all p.m. until 2:15 p.m. for the weekly pol- and Mao Tse-tung soundly crushed its glory, as it displayed the DF–31 icy conferences to meet. challenges to his power, to the killing intercontinental ballistic missile and The PRESIDING OFFICER. Without of hundreds of landlords in the 1950s; to other arms, nor did they see the tanks objection, it is so ordered. rolling past Tiananmen Square. And the anti-rightist purging of half a mil- f lion people following the Hundred Tibetans in Lhasa, who certainly did Flowers period and during the Great not want to celebrate, were forced to PROGRAM participate under threat of losing their Leap Forward; to the Cultural Revolu- Mr. BENNETT. Mr. President, for the pay or their pensions. Mr. President, tion, during which millions were mur- information of all Senators, the Senate this was a celebration of the party, not dered or died in confinement; to the will resume consideration of the pend- massacre at Tiananmen square just ten the people. But this gilded celebration will not ing amendments to the FAA bill at 9:30 years ago—the Communist party under obscure the corrosion beneath. We a.m. on Tuesday. Mao Tse-tung and Deng Xiaoping sus- must recognize the nature of this cor- It is hoped those amendments can be tained its existence not by the consent rupt regime. We must never turn a debated and disposed of by midmorning of the people, but through the violent blind eye or a deaf ear to cries of those so Senators that have amendments can elimination of dissent. work with the bill managers on a time Even today, we see the party of suffering in China. We must face re- ality when we deal with the Chinese to offer their amendments. Senators purges in action on a daily basis. The should be aware that rollcall votes are Communist party under Jiang Zemin is government. So when Time Warner chairman Ger- possible Tuesday prior to the 12:30 re- deeply engaged in a piercing campaign ald Levin courts President Jiang cess. By previous consent, first-degree to silence the voices of faith and free- Zemin even when Time Magazine’s amendments to the bill must be filed dom—to purge from society, anyone China issue is banned, when our top ex- by 10 a.m. tomorrow. It is the intention they see as a threat to their power. The ecutives are silent on human rights, of the bill managers to complete action Chinese government continues to im- when we put profit over principle, we on the bill by tomorrow evening. prison members of the Chinese are shielding our eyes from the stark As a reminder, there will be three Democracy Party. In August, the gov- reality of persecution in China. As stacked votes on nominations at 2:15 ernment sentenced Liu Xianbin to thir- Ronald Reagan said, ‘‘. . . we demean tomorrow. teen years in prison on charges of sub- the valor of every person who struggles f version. His real crime was his desire for human dignity and freedom. And we for democracy. Another Democracy ADJOURNMENT UNTIL 9:30 A.M. also demean all those who have given Party member, Mao Qingxiang, was TOMORROW that last full measure of devotion.’’ formally arrested in September after It is my sincere hope and desire that Mr. BENNETT. Mr. President, if being held in detention since June. He in the next fifty years, the Chinese peo- there is no further business to come be- will likely languish in prison for ten ple will truly have something to cele- fore the Senate, I now ask unanimous years because of his desire to be free. I brate. I hope that they will no longer consent that the Senate stand in ad- could go on, but some human rights be suppressed by a regime that extracts journment under the previous order. groups estimate that there could be as dissent like weeds from a garden, but There being no objection, the Senate, many as 10,000 political prisoners suf- that they will be able to enjoy the at 7:40 p.m., adjourned until Tuesday, fering in Chinese prisons. The party is fruits of a government accountable to October 5, 1999, at 9:30 a.m. determined to purge from society those the people. I hope that the self-con- f people it finds unsavory. gratulatory shouts of the Communist And the Chinese government will not party will be drowned out by the voices NOMINATIONS tolerate people worshiping outside its of a free people.∑ Executive nominations received by official churches. So when it began f the Senate October 4, 1999: cracking down on the Falun Gong meditation group, which it considers a APPOINTMENTS DEPARTMENT OF DEFENSE cult, the government used this inexcus- The PRESIDING OFFICER. The ALPHONSO MALDON, JR., OF VIRGINIA, TO BE AN AS- SISTANT SECRETARY OF DEFENSE, VICE FREDERICK F. able action to perpetrate another—an Chair, on behalf of the majority and Y. PANG, RESIGNED. intensified assault on Christians. In minority leaders of the Senate and the JOHN K. VERONEAU, OF VIRGINIA, TO BE AN ASSIST- ANT SECRETARY OF DEFENSE, VICE SANDRA KAPLAN August, the government arrested thir- Speaker and minority leader of the STUART. ty-one Christian house church mem- House of Representatives, pursuant to INTERNATIONAL ATOMIC ENERGY AGENCY bers in Henan province. Henan province Public Law 104–1, announces the joint BILL RICHARDSON, OF NEW MEXICO, TO BE THE REP- must be a wellspring of faith because appointment of the following individ- RESENTATIVE OF THE UNITED STATES OF AMERICA TO THE FORTY-THIRD SESSION OF THE GENERAL CON- over 230 Christians have been arrested uals as members of the Board of Direc- FERENCE OF THE INTERNATIONAL ATOMIC ENERGY there since October. Now I am con- tors of the Office of Compliance: Alan AGENCY.

VerDate 30-SEP-99 03:22 Oct 05, 1999 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 9801 E:\CR\FM\A04OC6.048 pfrm01 PsN: S04PT1 October 4, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2019 EXTENSIONS OF REMARKS

THE EARLY EDUCATION ACT OF tor George W. Hampton as he and the Great- opportunity to meet new friends who share 1999 er New Haven Community honor the Rev- similar interests, discuss problems and issues erend Doctor Martin Luther King, Jr. with the affecting agriculture and to make a difference HON. ANNA G. ESHOO 28th Annual Love March. with a voice in agriculture through YF&R, OF CALIFORNIA For twenty-eight years, Pastor Hampton and Farm Bureau and legislative involvement. IN THE HOUSE OF REPRESENTATIVES the Shiloh Missionary Baptist Church have YF&R are one of the most important entities Monday, October 4, 1999 celebrated the memory of Dr. King with this of a county Farm Bureau. It provides leader- annual march and service. Dr. King's actions ship for tomorrow and new ideas to help the Ms. ESHOO. Mr. Speaker, I rise today to in- stand out as defining moments in our nation's Farm Bureau keep up with the constantly troduce The Early Education Act of 1999. This history. Those of us who lived through those changing world of today's agriculture. bill would supplement state efforts in providing stirring timesÐand many who weren't born The Young Farmers and Ranchers Program early education to children before they reach yetÐcan still picture Dr. King leading the bus offers an excellent opportunity to participate in kindergarten. It authorizes $300 million a year boycott in Montgomery, going to jail for his be- activities designed to develop leadership and so that high-quality, accessible early education liefs in Birmingham, and sounding the clearest communication skills, and share in family ac- will be available to all children. call to end segregation in his famous address tivities through various motivational, edu- Early education is vitally important to the at the March on Washington. His actions cational, and social activities. success of our children, both for their aca- changed the course of our nation forever. Mr. Speaker, it is my pleasure to recognize demic progress as well as achievements in And for twenty-eight years, on January fif- an extremely important organization that de- life. The National Research Council reported teenth at eleven o'clock in the morning, the velops future leaders through the commitment that early education opportunities are nec- Greater New Haven Community has gathered of agriculture. I urge my colleagues to join me essary if children are going to develop the lan- to participate in the Martin Luther King, Jr. in wishing the Fresno, Madera, Mariposa and guage and literacy skills necessary to learn to Love MarchÐa stirring reminder of a troubled Tulare County Farm Bureaus' Young Farmers read. A New York Times article also reported time and a peaceful soul. and Ranchers Program many more years of that ``[students] with higher quality preschool I would like to extend a special note of con- continued success. classes did better in language and math skills'' gratulations to Pastor Hampton. As founder f than those who were not in these classes. Re- and organizer of the Love March, his tenacity search suggests that a child's early years are and dedication has made the March a beloved ON THE PASSING OF critical in the development of the brain and New Haven tradition. Each time I join in the ACADEMICIAN DMITRI LIKHACHEV that early brain development is an important March, I am inspired by the uplifting spirit of component of educational and intellectual the crowd as we sing and move through the HON. CHRISTOPHER H. SMITH achievement. neighborhoods of New Haven. It is an oppor- Evaluations of state efforts demonstrate the OF NEW JERSEY tunity for the community to come together to value of early education. Compared to children IN THE HOUSE OF REPRESENTATIVES remember Dr. King's teachings, and their with similar backgrounds who have not had Monday, October 4, 1999 meaning for our lives today. The Love March the benefit of early education, children who has helped keep Dr. King's dream alive. Mr. SMITH of New Jersey. Mr. Speaker, have are more likely to stay academically at or I have heard Pastor Hampton tell the story today the Russian people are mourning the near their grade level and make normal aca- of his meeting with Dr. King. As I recall, the passing of one of their most respected citizens demic progress throughout elementary school. Pastor told him about his work in the civil and renowned scholars. Academician Dmitri These students are also less likely to be held rights movement and Dr. King responded, Likhachev has passed away at the age of back a grade or require special education ``That's part of the dreamÐkeep it up.'' Pastor ninety-two. He was, in the words of the distin- services in elementary school. They are more Hampton has certainly followed that charge. guished historian of Russia and Librarian of likely to show greater learning retention, initia- For New Haven, the annual Love March is a Congress Dr. James Billington, ``an extraor- tive, creativity, and social competency. They cornerstone in the celebration of the life and dinary human being, a person of great moral are more enthusiastic about school and more spirit of Dr. King. It is a tremendous honor for integrity.'' likely to have good attendance records. me to join with Pastor Hampton's family, Academician Likhachev epitomized what The Early Education Act of 1999 would pro- friends, and the City of New Haven to say Russia has endured in this century. Born in vide additional means for states to expand thank you for giving us this annual opportunity 1906 in St. Petersburg, as a university student their education systems to ensure that our to remember the Reverend Doctor Martin Lu- he was sent to the brutal Solovki labor camps children will have the utmost in opportunities. ther King, Jr. established by Lenin to deal with ``counter-rev- Studies estimate that for every dollar invested f olutionaries.'' Later he was condemned with in quality early education, approximately seven hundreds of thousands of other prisoners to dollars are saved in later costs. I can't think of RECOGNIZING YOUNG FARMERS dig Stalin's infamous White Sea Canal, the many things that Congress does that are more AND RANCHERS first major forced labor project of the Soviet important than the education and health of our period. During World War II, he survived the children. I hope all my colleagues will agree HON. GEORGE RADANOVICH 900-day siege of his native city, renamed Len- with me on the importance of early education ingrad. and support this bill. OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Through all the deprivations and hardships f of Soviet Russia, Dmitri Likhachev pursued his Monday, October 4, 1999 CONGRATULATIONS TO PASTOR studies in medieval literature, ultimately be- GEORGE W. HAMPTON ON THE Mr. RADANOVICH. Mr. Speaker, I rise coming Russia's foremost literary and cultural TWENTY-EIGHTH ANNUAL LOVE today to recognize the Fresno, Madera, historian. In 1970, he became a member of MARCH Mariposa and Tulare County Farm Bureaus' the Soviet Academy of Sciences. When the Young Farmers and Ranchers Program for Academy voted to expel dissident scientist HON. ROSA L. DeLAURO providing the perfect arena to learn and be- Academician Andrei Sakharov from its ranks, come involved in current agriculture issues. Academician Likhachev was one of the few to OF CONNECTICUT The California Farm Bureau Federation's defend Sakharov openly and vote against ex- IN THE HOUSE OF REPRESENTATIVES Young Farmers and Ranchers Program is an pulsion. Soon afterward, he barely escaped an Monday, October 4, 1999 outstanding organization for young people be- attempt on his life. Ms. DeLAURO. Mr. Speaker, it gives me tween the ages of 18 and 35. Young Farmers After the Soviet Union collapsed and Russia great pleasure to rise today to recognize Pas- and Ranchers (YF&R) gives individuals the regained its independence, Academician

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E2020 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 1999 Likhachev became prominent for his defense 60 years ago, had served his or her sentence for Permanent Residents Act would do just of Russian culture. He helped preserve many and been a model resident in this country for that. architectural monuments in St. Petersburg, more than 50 years, would now be automati- and lobbied the Russian Government to fi- cally deportedÐregardless of physical infir- f nance a television channel devoted to culture. mity, family considerations or any other rea- However, it was not only the physical de- son. HONORING THE BRANFORD FIRE struction of his homeland that concerned Amy and Bob were forced to move to Scot- DEPARTMENT AND M.P. RICE Academician Likhachev. He condemned the land. The cost of the move was staggering to HOSE COMPANY 2 ON THEIR moral wasteland left by seventy years of com- the family and most of their possessions were 100TH ANNIVERSARY munism. ``Like other members of the Russian left in the U.S. Amy had to leave her native intelligencia,'' wrote the New York Times, country to keep her family together, and their HON. ROSA L. DeLAURO ``Likhachev was deeply disappointed by the vi- two children were forced to leave friends and OF CONNECTICUT olence, greed and vulgarity that surfaced in family members behind. Amy is now under- Russian society after the fall of communism.'' going immigration review in Scotland and Bob IN THE HOUSE OF REPRESENTATIVES Without overcoming the perverted morality continues to work longer hours to support the Monday, October 4, 1999 created by communist rule, he warned, Russia family. It is uncertain if the family will be al- Ms. DELAURO. Mr. Speaker, it is a great could fall prey to an irrational demagoguery lowed to remain with Bob unless he can in- honor for me to rise today to congratulate the that could threaten the entire world. crease his income and prove he can support Branford Fire Department and M.P. rice Hose With his love of country, combined with tol- his family. Company 2 for one hundred years of dedi- erance and reason, I believe Academician Last week, my colleague LINCOLN DIAZ- cated service to the residents of Branford, Likhachev embodied ``Russian nationalism'' in BALART and I introduced the Fairness for Per- Connecticut. M.P. Rice Hose Company 2 is the best sense of the word. May his example manent Residents Act of 1999. Our proposal the only entirely volunteer company which has and his ideas thrive in Russia of the 21st cen- is designed to ``right'' a wrong that was cre- remained active since the Branford Fire De- tury. ated by the 1996 changes to the immigration partment was established in 1899. f law. We must put fairness and justice in place to allow families like Amy and Bob to have When it was first established, the Branford THE FAIRNESS FOR PERMANENT their voice heard before they are forced into Fire Department was composed of citizens RESIDENTS ACT OF 1999 fleeing the country or being deported. For indi- volunteering to protect their friends and neigh- viduals who commit heinous crimes, the law bors from the threat of fire. With two hand should not be changed. drawn hose carriages and a horse drawn lad- HON. BILL McCOLLUM The law presently reads that any permanent der truck, three fire fighting companies, Hose OF FLORIDA resident alien convicted of a crime now or in Company 1, House Company 2, and the Mar- IN THE HOUSE OF REPRESENTATIVES the past that carries a possible sentence of tin Burke Hook and Ladder company emerged. Today, the M.P. Rice House Com- Monday, October 4, 1999 one year or moreÐregardless of whether he or she was sentenced to or served a single pany 2 continues in this strong tradition, a full Mr. MCCOLLUM. Mr. Speaker, in 1996, day in jailÐwill be automatically deported with century later, as the only remaining company Congress made several modifications to our no chance for a hearing to seek a waiver. which is completely comprise of volunteers. country's immigration code that have had a Under our bill, the right to a hearing before an Working with career members of the Branford harsh and unintended impact on many people immigration judge to seek a waiver from de- Fire Department, the volunteer companies pro- living in the United States. These individuals, portation would be restored for permanent vide residents with the very best in fire protec- permanent resident aliens, have the legal right resident aliens who commit comparatively tion. As volunteers, the members of the M.P. to reside in this country and apply for U.S. citi- minor crimes, expressly excluding murder, Rice Hose company work arm and arm with zenship. They serve in the military, own busi- rape or other violent or serious crimes from our professionals, representing a commitment nesses and make valuable contributions to so- waiver eligibility. Those in this category who to the community that if taken up more broadly ciety. have been deported since 1996 would have a would make for stronger towns across Amer- For example, earlier this summer, my office right to seek a waiver, which if granted would ica. received a letter from a woman I will call permit them to return to the U.S. As the Branford community gathers today to ``Amy.'' Amy, an American citizen, and her Also included in our bill is relief for perma- celebrate this wonderful achievement, I would husband, ``Bob,'' a permanent resident alien nent resident aliens who are now being de- like to take this opportunity to thank all of from Scotland, were married in the United tained indefinitely pending deportation for those who have dedicated not only their time, States, have two American born children, and crimes that have been committed in the past. but their lives, to the safety of all Branford lived a productive life in Florida for nearly 20 Current law does not permit them to seek re- residents. Firefighters face risks that many of years. Bob had been a resident of the U.S. lease on bond even if there is no place for us can never truly comprehend. Each day they since he was 11 years old. them to be deported and they pose no danger must be able to perform under intense pres- In 1985, Bob was convicted of a crime and to society if released. Our bill would allow the sureÐliterally in life or death situations. Few served a three year prison term and 10 years Attorney General to consider release to such things are more important than feeling safe in of probation. According to the immigration individuals, provided they meet certain condi- our homes and workplaces. Whether hosing laws in effect at the time, Bob was punished tions. down flames, rescuing a child from a burning under U.S. law and was expected to have Our bill returns balance to our existing laws house, or waiting for our call, firefighters are served his debt to society. In 1999, Bob was by allowing people with compelling or unusual always there to protect us and provide us with a rehabilitated, productive and gainfully em- circumstances to argue their cases for recon- the peace of mind we need to sleep at night. ployed member of his community. sideration. The legislation does not automati- I am proud to recognize and commend the tre- The changes made in the immigration laws cally waive the deportation order, it simply mendous commitment they have made to our in 1996 meant that Bob, who had committed grants a permanent resident alien the right to community. Our thanks and appreciation can a crime 13 years agoÐa crime that was not have the Attorney General review the merits of never repay those who put their lives on the considered deportable at that timeÐand his or her case. line to ensure our safety. served his debt to society, was about to be The 1996 law went too far, and as the Today's celebration marks the 100th Anni- punished again. The harsh provisions of the Miami Herald recently editorialized, ``it hurts versary of the Branford Fire Department. The 1996 bill dictated that he be automatically de- more than just the foreign born. Its victims in- courage and dedication demonstrated each ported for the crimes he committed 13 years clude families with U.S. citizen children, com- day by these men and women, whether volun- ago, with no opportunity to seek a waiver from munities that lose businesses, and businesses teer or career member, is reflective of the true an immigration judge, as he would have be- that lost employees. Most of all it hurts the spirit in which the department was established. fore the 1996 law change. spirit of a nation that prides itself on its immi- I am indeed proud to rise today to extend my In addition, the law was made retroactive so grant heritage and just laws.'' thanks for what you do each day, and con- that an 80-year-old permanent resident alien We are a fair nation and must strike a fair gratulations on this remarkable accomplish- who committed a comparatively minor crime balance in our immigration lawsÐthe Fairness ment. CONGRESSIONAL RECORD — Extensions of Remarks E2021 RECOGNIZING ED PEELMAN THE COLD WAR war, these modest and aboveboard efforts to American ``public diplomacy'' began before restore the cultural life of other nations were HON. GEORGE RADANOVICH World War II with the establishment of Amer- deeply welcomed and appreciated. OF CALIFORNIA ican centers in libraries in Latin America. Dur- World's fairs and international exhibitions ing World War II, the Voice of America and IN THE HOUSE OF REPRESENTATIVES were important gatherings in the postwar pe- the Office of War Information gave the people riod. It was USIA that managed American pa- Monday, October 4, 1999 of occupied Europe and Asia the truth about vilions and hired young Americans who spoke Mr. RADANOVICH. Mr. Speaker, I rise the conduct of the war. Public diplomacy the world's languages to describe our way of today to recognize Ed Peelman for his out- gained momentum after the war's end, when life and the benefits of freedom, markets, en- standing contributions to the community of American libraries and cultural centers were terprise, and democracy. Fresno. established as part of postwar reconstruction, In less developed areas of the world, USIA For half a century Ed Peelman has been a when Congress passed the Smith-Mundt Act, officers sometimes led small convoys of vehi- presence in the community, raising money for and when the Fulbright program began the cles with motion picture projectors and gen- Christian causes, involved in conservative poli- postwar exchange of students and scholars to erators, showing documentaries and other tics, making his mark in farming and later real advance international understanding. In 1953, American films in small towns and villages. estate. these elements of public diplomacy were gath- USIA magazines such as America Illus- Nearly 25 years ago, he closed a successful ered by President Eisenhower into the United trated, Dialog, World Today, Trends, Topic, hay business to start an even more successful States Information Agency. Economic Impact, English Teaching Forum, real estate firm, Peelman Realty Co. Inc. Ed When USIA was formed, the Cold War di- and Problems of Communism won awards for kept his hand in agriculture by specializing in vided the world and its peoples. The brutal content and design as they communicated rural property and continuing to farm his subjugation of the nations of Eastern Europe American views in many languages to readers ranches. For the last five years, Peelman was as Soviet satellites was a fresh memory. The across the globe. USIA films such as ``Years the number one seller of rural property in Korean war was drawing to a close, and the of Lightning, Days of Drums'' and ``The Har- Fresno County, averaging about $10 million in Soviets were propagating yet one more of vest'' were similarly lauded. sales each year. their ``big lies'': that the United Sates had in- Americans who spoke abroad under USIA Peelman uses his contacts and fund-raising troduced germ warfare in the conflict there. auspicesÐat foreign universities, policy insti- skills to support conservative Christian causes. Three years later they would lie that the peo- tutes, and other places where students and in- Ed helped Warner Pacific College in Portland, ple of HungaryÐthen being killed by tanks in tellectuals gatheredÐaddressed topics in poli- Oregon, the alma mater of two of his three the streets of BudapestÐwelcomed the Soviet tics, economics, the environment, culture, and daughters. He arranged for a former hay cus- army. foreign policy. Among these speakers were tomer and friend to donate 2,100 acres, which The Cold War was more than a political, American judges and lawyers introducing and he used to set up a trust for the college. That economic, and military contest. The Soviets explaining the idea of the Rule of Law. donation is now worth about $12 million. and their surrogates worked hard to demonize International visitors sent to the United Peelman's attention in is now directed to- the United States, to discredit American States under USIA auspices had the oppor- ward helping Fresno Pacific College. He has ideals, to support ``national liberation'' move- tunity to meet counterparts in the United arranged for dozens of people to contribute to ments, and to inflame vast areas of the world States on four week visits. For many, it was the college. Through the years, he has also with anti-American propaganda. Their broad- their first visit to the United States, and they been involved in numerous civic and church casts, newspapers, magazines, state-con- encountered a society far different from the organizations. trolled wire services, and publishing houses images they had grown up with. This kind of These days Ed concentrates on the Chris- spread some amazing fictions. people-to-people program would not have tian Business Men's Committee, the Fresno Fiction: The communist parties stood for been possible without the help of thousands of County and City Chamber of Commerce, Fres- the equality of all people. Truth: the com- ordinary Americans affiliated with local coun- no City and County Historical Society, and the munists, once in power, became a grasping cils for international visitors. They opened their Full Gospel Business Men's Fellowship Inter- and arrogant elite—a new class—that gar- homes, volunteered their time, and won nered the privileges of society while ordi- friends for our country. national. nary people lived in grim poverty, and their At 71, Peelman shows no signs of slowing lives grew shorter. USIA administered the Fulbright program down, despite a triple bypass surgery three Fiction: Communism and central planning which placed American professors in foreign years ago and a gall bladder operation two would create a new industrial bounty. Truth: universities and brought professors from other years ago. Except for their armaments and armies, the countries to enrich our own faculties. Fulbright Mr. Speaker, I rise to honor Ed Peelman for socialist nations had Third World economies. professors shared their knowledge and their his service to the community. I urge my col- Soviet propaganda went beyond words to syllabuses, and they were a key element in leagues to join me in wishing Ed and his fam- embrace the use of forged documents and establishing American Studies associations, ily many more years of continued success and disinformation: that experiments in American programs, and majors of universities abroad. happiness. laboratories had gone awry and spawned the USIA's information officers organized tens of f AIDS virus, that Americans kidnaped Central thousands of press conferences that allowed American children for body parts, and that journalists to hear directly from our nation's of- MILESTONE OF U.S. FOREIGN Americans developed weapons that would ficials, from visiting members of Congress, RELATIONS AND DIPLOMACY decimate the nonwhite peoples of the world, to and from other distinguished Americans. name a few. The distribution of USIA's daily Wireless File HON. CHRISTOPHER H. SMITH Facing such fevered attempts to turn na- (now the Washington file) gave government OF NEW JERSEY tions of the world against us, USIA over the officials and opinion leaders the full texts of IN THE HOUSE OF REPRESENTATIVES years developed scores of programs to ``tell speeches, congressional testimonies and America's story to the world.'' For USIA's work hearings, and documents so that they could Monday, October 4, 1999 to be credible, it had to be accurate and truth- have a full understanding of the United States' Mr. SMITH of New Jersey. Mr. Speaker, I ful. Edward R. Murrow described USIA's spirit position on the issues, not simply react to a rise today to mark a milestone in the conduct of candor as the telling of America's story few quotes, out of context, in a brief article or of America's foreign relations and diplomacyÐ ``warts and all.'' broadcast. the end of an era, if you will. This past Friday, USIA's American libraries overseas offered When USIA was established, some Embas- October 1, 1999, the people and programs of a wealth of knowledge and gave witness to sies and consulates received the Wireless File the United States Information Agency formally important principles of democracy: that an by Morse code. There were the years of joined the Department of State. After 56 years, educated public is the foundation of a demo- punched tape and radio teletypeÐsending the America's public diplomacy will begin a new cratic society, and that the free exchange of File through both sunspot interference and So- chapter. As the Agency joins the Department, information and opinions is also a necessary viet jamming. Teletype yielded to computer I want to express a deep and profound appre- element of liberty and prosperity. transmission in the eighties, and to the inter- ciation for the work of USIA since 1953, and In the early days, USIA's American libraries net and web pages in the nineties. All along to salute the many members of the Foreign and centers also exhibited art and hosted au- USIA's writers were aided by a corps of able Service and the Civil Service who are en- thors and poets. In societies that had been technicians who harnessed each new develop- gaged in its vital work. only a few years beforehand devastated by ment in communications technology. E2022 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 1999 They mastered video technology as well. Foreign Service also included specialists in li- been that they present American societyÐand The telepress conference over telephone lines braries, English instruction, student coun- the making of foreign policyÐas a whole. was followed by the televised Worldnet Dialog seling, printing, and other skills. It is true that public diplomacy programs using TVRO technology. The State Depart- We must also salute the local employees at sometimes report on and explain official gov- ment will continue USIA's program to equip USIA's posts around the world. On every con- ernment policiesÐbut only as one component American embassies with Digital Video Con- tinent USIA's American personnel worked to- of a broader and more important mission. ference equipment. gether with Foreign Service National employ- American public diplomacy has always in- In looking back at the Cold War, there were ees to plan and carry out programs. Programs cluded the discussion of responsible alter- some moments of excitementÐand victoryÐ conceived and run only by Americans would native viewpoints, the coverage of debates, as well as the steady years of information pro- have had limited effectiveness. But in an ev- and other information that makes clear that grams and education and cultural exchanges. eryday working partnership, Americans and what is being communicated is the enduring The international information campaign to ex- local colleagues together hammered out effec- American consensus, not just the policy du plain the deployment of Pershing missiles to tive presentations. jour of a particular Administration or a par- Europe in the face of resolute Soviet opposi- On occasions when there has been tension ticular Department. Without evenhanded cov- tion was an important accomplishment. So too between the United States and another coun- erageÐsuch as is explicitly required by the was the effort to show the world how the So- try, USIA's local employees were sometimes charter of the Voice of AmericaÐbipartisan viet Air Force downed KAL 007, killing among charged, even by friends and neighbors, with support in Congress for public diplomacy and its passengers a member of this House. The disloyalty or ``selling out to the Americans.'' exchanges would, I fear, be impaired. sound and video portrayal of the attack put to- Their fidelity to USIA's work has given elo- Finally, Mr. Speaker, America's public diplo- gether by USIA riveted the United Nations and quent testimony that they are also committed macy must continue to address the keystone the world. to partnership, dialogue, and harmony be- issues of democracy, human rights, and the ATTAINING AMERICA'S GOALS IN THE WORLD tween the goals of the United States and their rule of law. Increasingly we realize that the When the Berlin Wall fell in 1989, there own society. They deserve an extra measure fundamental remedies for what we once de- were some who said that the work of Amer- of gratitude and recognition. fined as development problems or as eco- ica's ``Cold War propaganda agency'' was fin- PRINCIPLES FOR PUBLIC DIPLOMACY nomic problems are to make governments ished, and USIA could be ``pensioned off.'' As we make this organizational change in democratic, responsive, honest, and respectful The end of the Cold War did not, however, American public diplomacy, Mr. Speaker, we of human rights. end the challenges facing the United States. should mark well some principles that should Mr. Speaker, when Thomas Jefferson wrote Our armed forces have fought wars. Drugs, endure as these programs and people move of America's commitment to certain self-evi- terrorism, and proliferation of nuclear, chem- into the Department of State. dent truthsÐamong them life, liberty, and the ical, and biological weapons remain grave The first is to affirm that American foreign pursuit of happinessÐhe did so to express the threats to our security. Saddam Hussein and policy needs public diplomacy more than ever. new American nation's ``decent respect to the Slobodan Milosevic are only two of the thugs The world has been forever changed by the opinions of mankind.'' The men and women of whose rule is buttressed by domestic press communications revolution and by the demo- the United States Information Agency have controls and by vigorous external propaganda. cratic revolution. The first of those revolutions possessed the same commitment. Their call- There are still national wire services, radio now allows broad access to information about ing has been to explain the United StatesÐits programs, and television broadcasts whose foreign policy and how it affects people and foreign policy, its form of government, its soci- central mission is to lie about the United societies. The second revolution engages citi- ety, and its idealsÐto the people of other States. zens in the decisions made by their govern- countries. They did so with honor for fifty-six USIA's programs aimed to counter propa- ments. years. They now move into the Department of ganda with truth. The means of advocacy and What we might call traditional diplomacyÐ State. I know I speak for many other members persuasion were democraticÐthe conversa- between professional diplomats, conducting of this body when I express the nation's tion, the seminar, the op-ed, the open press business away from the public eyeÐthus thanks for their serviceÐand the hope that conference. Americans from all walks of life, gives way to a larger conversation between their programs, their talents, and their commit- with many points of view, cooperated in peoples. At one time public diplomacy may ment will continue to prosper. USIA's work. These were not, then, programs have been considered a complement, a sup- f tailored only to win the Cold War. Programs port function perhaps, for traditional diplo- BOUNDARY WATER CANOE AREA established on these enduring democratic con- macy. In the age of democracy and the age of WILDERNESS NAMED AMONG ceptsÐsolid foundations that reflect our na- the Internet, it increasingly moves to the cen- THE TOP 50 MUST-SEE SPOTS IN tion's valuesÐhave proven as appropriate and ter. THE WORLD effective in the new international environment The second principle is that the U.S. Gov- as the old. ernment needs a dedicated public diplomacy President Eisenhower's order forming USIA, arm. Occasionally one hears that in the age of HON. BRUCE F. VENTO still, I submit, expresses the values embedded CNN our nation has not need for diplomats. OF MINNESOTA in America's public diplomacyÐ``to submit to The commercial networks and wire services, IN THE HOUSE OF REPRESENTATIVES the people of other nations by means of com- however, cannot do the whole work of com- Monday, October 4, 1999 munications techniques that the objectives and municating American foreign policy, much less Mr. VENTO. Mr. Speaker, after a 2-year policies of the United States are in harmony American values. They play an important study, the National Geographic Traveler mag- with and will advance their legitimate aspira- roleÐan indispensable roleÐin reporting the azine identified the 50 ``must-see'' places to tions for freedom, progress, and peace.'' news and informing the public. But members visit in its October issue. It is a very impres- USIA'S PEOPLE of the Fourth Estate themselves admit that sive list, and not surprisingly, some of the USIA's buildings are only a few blocks from news and public affairs budgets are always most spectacular and well known locations in this House. Over the years our nation has right. They recognize that broadcast news the world are included. benefitted from the Agency's committed as- generalizes, simplifies, and dramatizes events The United States boasted a number of his- sembly of talents in many fields. in a direction that may be unhelpful to diplo- toric, cultural and natural must-see sites. I was The Civil Service provided writers, television macy. And there is the matter of editorial di- most pleased to note that the Boundary Wa- producers, film makers, exhibition planners, rection. The U.S. Government needs inter- ters Canoe Area Wilderness (BWCAW) was magazine designers, photographers, commu- national information programs and activitiesÐ included in this exclusive list. I rejoice with all nications specialists, and of course the execu- beyond the public affairs programs and activi- the Minnesotans and Americans who have tives and administrators and support staff who ties already conducted by the Department of worked for the better part of this century to helped the others get the job done. State, which are focused primarily on domestic maintain the natural state of the over one mil- USIA's Foreign Service Officers planned audiencesÐso that the facts and the values lion acres of pristine wilderness. As one of the and directed the information and cultural pro- that underlie the American system can be top natural attractions in the nation, the grams at Embassies, consulates, and Amer- communicated fully, directly, and in context. BWCAW will hopefully be enjoyed by many ican centers. It was they who took America's The third is that American public diplomacy more in the near millennium. message ``the last three feet'' as they met must continue to be balanced. A vital principle I submit for the RECORD an October 2 article government officials and opinion leaders and of America's public diplomacy, international from the St. Paul Pioneer Press commemo- spoke to them in their own languages. The broadcasting programs, and exchanges has rating the BWCAW. CONGRESSIONAL RECORD — Extensions of Remarks E2023 [From the Saint Paul Pioneer Press, daughter, Lorraine Ellison of Garden Grove, peers. For three years, Ken served as Chair- Saturday, October 2, 1999] California. His life is filled with the pride and man of the Senate Republican Caucus before BWCA MAKES LISTING OF 50 ‘MUST-SEE’ joy of his two granddaughters and two great serving eight years as Republican Leader. SPOTS grandchildren. He's a text-book case on ``how to make things (By Sam Cook) Colleagues, please join with me today as happen while serving in the minority party.'' The Boundary Waters Canoe Area Wilder- we salute a wonderful man, an octogenarian, Ken was awarded the Lee Atwater Minority ness of northern Minnesota is among 50 who has lived life well and to the very fullest. Leader of the Year Award in 1992 by the Na- ‘‘must-see spots ’’in the world, according to f tional Republican Legislators Association and the October issue of National Geographic is a six-time delegate to the Republican Na- Traveler magazine. HONORING KENNETH MADDY Two years in the making, the list names tional Convention from 1976±1996, including the 50 ‘‘places of a lifetime—the must-see two terms as a RNC whip in 1976 and 1984. spots for the complete traveler.’’ HON. GARY A. CONDIT Mr. Speaker, it is with great pride that I ask The magazine is available on newsstands. OF CALIFORNIA my colleagues in the House of Representa- ‘‘We are celebrating these places as the IN THE HOUSE OF REPRESENTATIVES tives to rise and join me in honoring the life- century turns, the places you should visit in Monday, October 4, 1999 time achievement of a great manÐmy good your lifetime if you are a real traveler,’’ said friend, Ken Maddy. Keith Bellows, editor of the travel magazine Mr. CONDIT. Mr. Speaker, I rise today to f published by the National Geographic Soci- pay tribute to a good friend and honor a life- ety. These places, ‘‘capture the spirit and di- time of dedicated public service. Ken Maddy is PERSONAL EXPLANATION versity of our world.’’ a political legend in California's great Central Ely polar explorer Will Steger wrote the Valley. A Republican in a largely Democratic HON. STENY H. HOYER text that accompanies the Boundary Waters district, Ken understood early what many of us OF MARYLAND listing; renowned photographer Jim Bran- have yet to learn about bipartisanship. Like denburg added a first-person anecdote. IN THE HOUSE OF REPRESENTATIVES the freeway bearing his name which runs Brandenburg, who sells his photos in a re- Monday, October 4, 1999 tail gallery in Ely, was pleased to see the down the middle of the Valley, Ken cuts Boundary Waters on the list. through the political heart and soul of the Val- Mr. HOYER. Mr. Speaker, I rise today in ‘‘There are two ways to look at it,’’ Bran- ley. support of H.R. 2116, the Veterans Millennium denburg said Friday. ‘‘For those of us who As we pause to honor him, I am reminded Health Care Act. On September 21, the bill live here and cherish the pristine and quiet of his very unique leadership style. Ken skill- passed the House on suspension and I inad- nature, we’re all happy to see new business fully forged a niche of consensus in finding so- vertently voted ``no.'' come to town—but not too much.’’ lutions that proves leadership transcends polit- Unlike some more developed or spectacular Mr. Speaker, the Veterans Millennium places on the list the Boundary Waters must ical parties. To call Ken's style unique is not Health Care Act is an important step forward be experienced firsthand, Brandenburg said. to fully do it justice. Every once in a while toward addressing the health care needs of ‘‘You have to work to love the Boundary someone comes along bringing a little some- our Nation's veterans. For far too long the call Waters,’’ he said. ‘‘It isn’t for sissies. It isn’t thing ``extra'' to the table. Though it isn't tan- for long-term care has gone unanswered. The for people who travel down the road and look gible, it is nevertheless very real and it helps bill establishes a long-term care benefit for for vistas.’’ define leadership ability. Ken Maddy personi- any veteran with a 50-percent or greater dis- The 50 winners—plus one bonus destina- fies that. ability. tion—were picked from more than 500 nomi- The Central Valley is a truly unique political It allows the Veterans Administration (VA) nations by National Geographic writers and editors and outside advisers. arena. We pride ourselves on independent greater flexibility to adjust copayments for The Boundary Waters, designated the thought. We are proud of our ability to see be- services like eyeglasses and pharmaceuticals. Boundary Waters Canoe Area Wilderness by yond party labels and ideologies. Mr. Speaker, The legislation enables the VA to cover the Congress in 1978, is 1.1 million acres in size in large part, it is because of Ken's leadership emergency care of uninsured veterans and di- and is adjacent to other wildland areas. that this thinking is prevalent today. rects them to realign inefficient facilities pro- Quetico Provincial Park, 1 million acres in His dedication as a public servant is exem- vided the savings are reinvested locally in the Canada, and Voyageurs National Park, plary. Equally impressive is his list of accom- community to improve veterans' care. 218,000 acres in Minnesota. plishments. Throughout his career, Ken au- Mr. Speaker, H.R. 2116 has the strong sup- f thored more than 400 bills which were signed port of the veterans community and I am into law. proud to support it. IN HONOR OF HERMAN R. FINK ON His vision and foresight put him in the front f HIS 103RD BIRTHDAY lines of legislative battles ranging from ethics of state legislators to crime; private property PERSONAL EXPLANATION HON. LORETTA SANCHEZ rights to reducing the scope of governmental OF CALIFORNIA regulations on agriculture; and balancing land HON. RUBEN HINOJOSA IN THE HOUSE OF REPRESENTATIVES use against legitimate environmental con- OF TEXAS Monday, October 4, 1999 cerns. IN THE HOUSE OF REPRESENTATIVES Ken was also often on the cutting edge of Monday, October 4, 1999 Ms. SANCHEZ. Mr. Speaker, today, I rise to health care issues such as Medi-Cal and Wel- congratulate Herman R. Fink on his 103rd fare Reform, free-standing cardiac catheteriza- Mr. HINOJOSA. Mr. Speaker, last week, a birthday. tion labs, surgi-centers and most recently, the death in my family resulted in my missing four A resident of Santa Ana, Mr. Fink has lived, Healthy Families Act. rollcall votesÐ466, 467, 468 and 469Ðon Fri- on his own, at the same address for 60 years. Because of his love and expertise of horse day, October 1. Had I been present, I would His only daughter, Lorraine, his family and racing, Ken has virtually rewritten the horse have voted as follows: Rollcall 466ÐOn friends, will gather on his birthday, October 2, racing law in CaliforniaÐwriting more than 45 agreeing to the conference report, H.R. 2084, 1999, for their annual celebration at his favor- bills that were later adopted into law on the Transportation and Related Agencies Appro- ite restaurant. Once again, those who love subject. priations Act FY 2000Ð``yea''; rollcall 467ÐOn and admire him, will share in the glow of this I know he is proudest of the very significant agreeing to the resolution waiving points of wonderful event. and lasting contributions he made in helping order against the Conference Report on H.R. During his lifetime, Mr. Fink has traveled establish the California Center for Equine 1906, Agriculture and Related Agencies Ap- around the world, from Egypt to Australia, Health and Performance and the Equine Ana- propriations Act FY 2000Ð``nay''; rollcall from France to South America. He is truly a lytical Chemistry Laboratory at the University 468ÐMotion to Recommit the Conference Re- world-citizen who has captured the romance of California, Davis. port on H.R. 1906, Agriculture, Rural Develop- and excitement of all the countries he visited It is with great pride that I report to my col- ment, Food and Drug Administration, and Re- and his memories are the postcards that have leagues that UC Davis officials named the lated Agencies Appropriations, FY 2000Ð enhanced his life and the lives of those who building in his honor. Additionally, he was ``yea''; rollcall 469ÐOn agreeing to the Con- know him well. awarded the California State University Life- ference Report, H.R. 1906, Agriculture, Rural Herman Fink was married for 67 years to time Achievement Award earlier this year. Development, Food and Drug Administration, his wife, Clara. His marriage was a perfect One of the most telling signs of political ma- and Related Agencies Appropriations, FY match made in heaven, according to his only turity is acceptance and recognition by your 2000Ð``yea.'' E2024 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 1999 A TRIBUTE TO DR. HANAN groups across the globe, including the Pal- ana's finest, Michael Blain, who is being ASHRAWI AND PEACE IN THE estine Center for Human Rights; the Carter awarded the Star of Peace and Hope Award MIDDLE EAST Center and the Fund for the Future of Our for 25 years of superb service to the Jewish Children. Community of Indianapolis and the State of HON. MARCY KAPTUR John Foster Dulles once said ``You have to Israel. OF OHIO take chances for peace, just as you must take Michael Blain's story is an inspiration to us IN THE HOUSE OF REPRESENTATIVES chances in war * * *'' Dr. Ashrawi is not one who has been afraid to take chancesÐto all. He is a man of great strength, courage, Monday, October 4, 1999 reach out for compromise, to lend her voice and devotion. Not only is he a Holocaust sur- Ms. KAPTUR. Mr. Speaker, I rise today to for her people, and to be a strong woman. vivor, but he served his country in the Korean pay tribute to a woman who has dedicated her Mr. Speaker, our nation was built on the War. He is a real Hoosier Hero. life's work to peace in the Middle East and principle of freedom of the people. We have Michael is very deserving of the Star of who will share her story at the Eleventh An- an obligation as the world's harbinger of free- Peace and Hope Award. Twenty-five years nual Grand Banquet of the Greater Toledo As- dom to work with those dedicated to this prin- sociation of Arab-Americans on October 16, ciple as well. I congratulate Dr. Ashrawi on her ago Michael joined Israel-Bonds. Since that 1999. As a daughter of Ramallah, she is con- life's work of freedom and peace. time, Michael can be credited with generating sidered by many in northwest Ohio from El- f more than $100 million in investment capital Bireh as a sister, part of their families. for Israel's economy. This money has helped Dr. Hanan Ashrawi has been the human PERSONAL EXPLANATION make modern Israel the high-tech jewel of the face of the Palestinians. As the official spokes- Middle-Eastern economy. Here at home, Mi- person for the Palestinian delegation to the HON. SANDER M. LEVIN chael has been instrumental in helping Jews Middle East peace process, she has told the OF MICHIGAN world the story of her people, the pain they from the former Soviet Union and other trouble IN THE HOUSE OF REPRESENTATIVES have felt and their hopes for the future. Her spots settle in Indiana. His work has made this passion and her commitment to her people Monday, October 4, 1999 traumatic move as comfortable as possible for and to peace have led some to call her one Mr. LEVIN. Mr. Speaker, I was unavoidably these struggling families. As a result of Mi- of the most influential women of the 20th cen- absent on Friday, October 1, and as a result chael's work, Indiana's culture is more diverse tury. missed rollcall votes 466 through 469. and dynamic. Her dedication to peace can be traced to Had I been present, I would have voted Mr. Speaker and fellow colleagues, I am the influence of her parents. When she was a ``yes'' on rollcall 466, ``no'' on rollcall 467, glad that you are able to join me in saying child, her father told her to ``be daring in the ``yes'' on rollcall 468, and ``no'' on rollcall 469. thank you to Michael Blain and congratulate pursuit of the right.'' She has taken the words f to heart. him on winning the Star of Peace and Hope In fact, it was her father's dedication to the HONORING A HOOSIER HERO: Award. Michael has made an unmeasurable written word that has had a lasting effect on MICHAEL BLAIN contribution to the people of Israel and Indi- Dr. Ashrawi. She is a woman of letters: a ana. He is a true Hoosier hero. poet, a playwright, an author, and a professor HON. DAVID M. McINTOSH of English. She sees the power that words OF INDIANA holdÐthe power of ideas. IN THE HOUSE OF REPRESENTATIVES Dr. Ashrawi sees peace as based on the sanctity of human rights, especially the rights Monday, October 4, 1999 of women. She helped to found the Jerusalem Mr. MCINTOSH. Mr. Speaker, I rise today to Center for Women and works with many pay tribute to and congratulate one of Indi- CONGRESSIONAL RECORD — Extensions of Remarks E2025 SENATE COMMITTEE MEETINGS the nomination of Gerald V. Poje, of thorize construction and operation of a Title IV of Senate Resolution 4, Virginia, to be a Member of the Chem- visitor center for the Upper Delaware ical Safety and Hazard Investigation Scenic and Recreational River, New agreed to by the Senate on February 4, Board. York and Pennsylvania; S. 311, to au- 1977, calls for establishment of a sys- SD–406 thorize the Disabled Veterans’ LIFE tem for a computerized schedule of all Memorial Foundation to establish a meetings and hearings of Senate com- OCTOBER 7 memorial in the District of Columbia mittees, subcommittees, joint commit- 9 a.m. or its environs; S. 497, to designate tees, and committees of conference. Agriculture, Nutrition, and Forestry Great Kills Park in the Gateway Na- This title requires all such committees To hold hearings to review public policy tional Recreation Area as ‘‘World War to notify the Office of the Senate Daily related to biotechnology, focusing on II Veterans Park at Great Kills’’; H.R. Digest—designated by the Rules com- domestic approval process, benefits of 592, to redesignate Great Kills Park in mittee—of the time, place, and purpose biotechnology and an emphasis on the Gateway National Recreation Area challenges facing farmers to segrega- as ‘‘World War II Veterans Park at of the meetings, when scheduled, and tion of product. Great Kills’’; S. 919, to amend the any cancellations or changes in the SR–328A Quinebaug and Shetucket Rivers Val- meetings as they occur. 10 a.m. ley National Heritage Corridor Act of As an additional procedure along Judiciary 1994 to expand the boundaries of the with the computerization of this infor- To resume hearings to examine certain Corridor; H.R. 1619, to amend the mation, the Office of the Senate Daily clemency issues for members of the Quinebaug and Shetucket Rivers Val- Digest will prepare this information for Armed Forces of National Liberation. ley National Heritage Corridor Act of SD–226 printing in the Extensions of Remarks 1994 to expand the boundaries of the Environment and Public Works Corridor; S. 1296, to designate portions section of the CONGRESSIONAL RECORD To hold hearings on S. 188, to amend the on Monday and Wednesday of each of the lower Delaware River and associ- Federal Water Pollution Control Act to ated tributaries as a component of the week. authorize the use of State revolving National Wild and Scenic Rivers Sys- Meetings scheduled for Tuesday, Oc- loan funds for construction of water tem; S. 1366, to authorize the Secretary tober 5, 1999 may be found in the Daily conservation and quality improve- of the Interior to construct and operate Digest of today’s RECORD. ments; S. 968, to authorize the Admin- a visitor center for the Upper Delaware istrator of the Environmental Protec- MEETINGS SCHEDULED Scenic and Recreation River on land tion Agency to make grants to State owned by the New York State; and S. agencies with responsibility for water 1569, to amend the Wild and Scenic Riv- OCTOBER 6 source development, for the purposes of ers Act to designate segments of the 9 a.m. maximizing the available water supply Taunton River in the Commonwealth Agriculture, Nutrition, and Forestry and protecting the environment of Massachusetts for study for poten- through the development of alternative To hold hearings to review public policy tial addition to the National Wild and water sources; and S. 914, to amend the related to biotechnology, focusing on Scenic Rivers System. Federal Water Pollution Control Act to domestic approval process, benefits of SD–366 biotechnology and an emphasis on require that discharges from combined storm and sanitary sewers conform to challenges facing farmers to segrega- OCTOBER 13 tion of product. the Combined Sewer Overflow Control 9:30 a.m. SR–328A Policy of the Environmental Protec- Armed Services 9:30 a.m. tion Agency. SeaPower Subcommittee Commerce, Science, and Transportation SD–406 To hold hearings on the force structure To hold hearings on S. 1510, to revise the 2 p.m. impacts on fleet and strategic lift oper- laws of the United States appertaining Governmental Affairs ations. to United States cruise vessels. International Security, Proliferation and SR–253 Federal Services Subcommittee SR–222 10 a.m. To hold hearings to examine guidelines Indian Affairs Judiciary for the relocation, closing, consolida- To hold hearings on S. 1507, to authorize Technology, Terrorism, and Government tion or construction of Post Offices. the integration and consolidation of al- Information Subcommittee SD–608 cohol and substance programs and To hold hearings to examine fiber ter- Intelligence services provided by Indian tribal gov- rorism on computer infrastructure. To hold closed hearings on pending intel- ernments. SD–226 ligence matters. SR–485 Foreign Relations SH–219 2:30 p.m. To hold hearings to examine United Judiciary Foreign Relations States support for the peace process To hold hearings on pending nomina- To hold hearings on numerous tax trea- and anti-drug efforts in Colombia. tions. ties and protocols. SD–419 SD–226 SD–419 2 p.m. 2:30 p.m. Intelligence Energy and Natural Resources OCTOBER 14 To hold closed hearings on pending intel- Energy Research, Development, Produc- 2:30 p.m. ligence matters. tion and Regulation Subcommittee Energy and Natural Resources SH–219 To hold hearings on S. 1183, to direct the Forests and Public Land Management Sub- Foreign Relations Secretary of Energy to convey to the committee To hold hearings to examine the conduct city of Bartlesville, Oklahoma, the To hold hearings on S. 1218, to direct the of the NATO air campaign in Yugo- former site of the NIPER facility of the Secretary of the Interior to issue to slavia. Department of Energy; and S. 397, to the Landusky School District, without SD–419 authorize the Secretary of Energy to consideration, a patent for the surface Judiciary establish a multiagency program in and mineral estates of certain lots; S. To hold hearings on S. 1455, to enhance support of the Materials Corridor Part- 610, to direct the Secretary of the Inte- protections against fraud in the offer- nership Initiative to promote energy rior to convey certain land under the ing of financial assistance for college efficient, environmentally sound eco- jurisdiction of the Bureau of Land education. nomic development along the border Management in Washakie County and SD–226 with Mexico through the research, de- Big Horn County, Wyoming, to the 3 p.m. velopment, and use of new materials. Westside Irrigation District, Wyoming; Environment and Public Works SD–366 S. 1343, to direct the Secretary of Agri- To hold hearings on the nomination of culture to convey certain National Skila Harris, of Kentucky, to be a OCTOBER 12 Forest land to Elko County, Nevada, Member of the Board of Directors of 2:30 p.m. for continued use as a cemetery; S. 408, the Tennessee Valley Authority for the Energy and Natural Resources to direct the Secretary of the Interior remainder of the term expiring May 18, National Parks, Historic Preservation, and to convey a former Bureau of Land 2005; the nomination of Glenn L. Recreation Subcommittee Management administrative site to the McCullough, Jr., of Mississippi, to be a To hold hearings on S. 167, to extend the City of Carson City, Nevada, for use as Member of the Board of Directors of authorization for the Upper Delaware a senior center; S. 1629, to provide for the Tennessee Valley Authority; and Citizens Advisory Council and to au- the exchange of certain land in the E2026 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 1999 State of Oregon; and S. 1599, to author- OCTOBER 20 2:30 p.m. ize the Secretary of Agriculture to sell 9:30 a.m. Armed Services or exchange all or part of certain ad- Commerce, Science, and Transportation Readiness and Management Support Sub- ministrative sites and other land in the To hold hearings to examine the use of committee To hold hearings on the Real Property Black Hills National Forest and to use performance enhancing drugs in Olym- Management Program and the mainte- funds derived from the sale or exchange pic competition. nance of the historic homes and senior to acquire replacement sites and to ac- SR–253 quire or construct administrative im- officers’ quarters. Indian Affairs SR–222 provements in connection with Black To hold hearings on proposed legislation Hills National Forest. authorizing funds for elementary and OCTOBER 27 SD–366 secondary education assistance, focus- 9:30 a.m. ing on Indian educational programs. OCTOBER 19 Indian Affairs SR–285 To hold oversight hearings on the imple- 2:30 p.m. mentation of the Transportation Eq- Energy and Natural Resources OCTOBER 26 uity Act in the 21st Century, focusing National Parks, Historic Preservation, and 9:30 a.m. on Indian reservation roads. Recreation Subcommittee Energy and Natural Resources SR–485 To hold hearings on S. 1365, to amend the To hold hearings on S. 882, to strengthen National Preservation Act of 1966 to provisions in the Energy Policy Act of extend the authorization for the His- 1992 and the Federal Nonnuclear En- POSTPONEMENTS toric Preservation Fund and the Advi- ergy Research and Development Act of sory Council on Historic Preservation; 1974 with respect to potential Climate OCTOBER 6 S. 1434, to amend the National Historic Change. 3 p.m. Preservation Act to reauthorize that SD–366 Indian Affairs Act; and H.R. 834, to extend the author- Energy and Natural Resources Business meeting to consider pending ization for the National Historic Pres- To hold hearings on S. 882, to strengthen calendar business. ervation Fund. provisions in the Energy Policy Act of SR–485 SD–366 1992 and the Federal Nonnuclear En- ergy Research and Development Act of OCTOBER 7 1974 with respect to potential Climate 9:30 a.m. Change. Armed Services SD–366 To hold hearings on the security of the Panama Canal. SD–106 Monday, October 4, 1999 Daily Digest Senate Baucus Amendment No. 1898, to require the re- Chamber Action porting of the reasons for delays or cancellations in Routine Proceedings, pages S11823–S11890 air flights. Pages S11857±59 Measures Introduced: Three bills and two resolu- A unanimous-consent agreement was reached pro- tions were introduced, as follows: S. 1683–1685, S.J. viding for further consideration of the bill and Res. 35, and S. Res. 195. Page S11879 amendments to be proposed thereto, on Tuesday, October 5, 1999. Page S11890 Measures Reported: Reports were made as follows: Special Report entitled ‘‘The 1999 Joint Economic Nominations: Senate began consideration of the Report.’’ (S. Rept. No. 106–169) nominations of Ronnie L. White, to be United S. 1236, to extend the deadline under the Federal States District Judge for the Eastern District of Mis- Power Act for commencement of the construction of souri, Brian Theadore Stewart, to be United States the Arrowrock Dam Hydroelectric Project in the District Judge for the District of Utah, and Ray- State of Idaho. (S. Rept. No. 106–170) mond C. Fisher, to be United States Circuit Judge S.J. Res. 3, proposing an amendment to the Con- for the Ninth Circuit. Pages S11867±76 stitution of the United States to protect the rights Senate will resume consideration of the nomina- tions on Tuesday, October 5, 1999 at 2:15 p.m., of crime victims, with an amendment. Page S11879 with votes to occur thereon. Measures Passed: Transportation Appropriations—Conference Re- Commending Dr. William Ransom Wood: Senate port: By 88 yeas to 3 nays (Vote No. 306), Senate agreed to S. Res. 195, expressing the sense of the agreed to the conference report on H.R. 2084, mak- Senate concerning Dr. William Ransom Wood. ing appropriations for the Department of Transpor- Page S11867 tation and related agencies for the fiscal year ending Air Transportation Improvement Act: Senate September 30, 2000, clearing the measure for the began consideration of S. 82, to authorize appropria- President. Pages S11862±67 tions for the Federal Aviation Administration, with- Appointment: drawing committee amendments, and taking action Office of Compliance Board of Directors: The on the following amendments proposed thereto: Chair, on behalf of the Majority and Minority Pages S11824±48, S11851±59 Leaders of the Senate and the Speaker and Minority Adopted: Leader of the House of Representatives, pursuant to Gorton (for McCain) Amendment No. 1891, in Public Law 104–1, announced the joint appointment the nature of a substitute. Pages S11846, S11851 of the following individuals as members of the Board Rockefeller (for Levin/Abraham) Amendment No. of Directors of the Office of Compliance: Alan V. 1899, to provide for designation of at least one gen- Friedman, of California, Susan B. Robfogel, of New eral aviation airport from among the current or York, and Barbara Childs Wallace, of Mississippi. former military airports that are eligible for certain Page S11890 grant funds. Page S11859 Nominations Received: Senate received the fol- Pending: lowing nominations: Gorton Amendment No. 1892, to consolidate and Alphonso Maldon, Jr., of Virginia, to be an As- revise provisions relating to slot rules for certain sistant Secretary of Defense. airports. Pages S11851±54 John K. Veroneau, of Virginia, to be an Assistant Gorton (for Rockefeller/Gorton) Amendment No. Secretary of Defense. 1893, to improve the efficiency of the air traffic con- Bill Richardson, of New Mexico, to be the Rep- trol system. Pages S11854±57 resentative of the United States of America to the D1082 October 4, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D1083 Forty-third Session of the General Conference of the Record Votes: One record vote was taken today. International Atomic Energy Agency. Page S11890 (Total—306) Page S11866 Messages From the House: Page S11879 Adjournment: Senate convened at 12:01 p.m., and Communications: Page S11879 adjourned at 7:40 p.m., until 9:30 a.m., on Tuesday, October 5, 1999. (For Senate’s program, see the re- Statements of Introduced Bills: Pages S11879±82 marks of the Acting Majority Leader in today’s Additional Cosponsors: Pages S11882±83 Record on page S11890.) Amendments Submitted: Pages S11883±89 Notices of Hearings: Pages S11889±90 Committee Meetings Additional Statements: Page S11890 No committee meetings were held. h House of Representatives for the conveyance of certain property from the Chamber Action United States to Stanislaus County, California; Bills Introduced: 9 public bills, H.R. 3002–3010, Page H9249 and 1 resolution, H. Res. 322, were introduced. Rail Passenger Disaster Family Assistance Act: Pages H9203±04 H.R. 2681, to establish a program, coordinated by Reports Filed: Reports were filed today as follows: the National Transportation Safety Board, of assist- H.R. 20, to authorize the Secretary of the Interior ance to families of passengers involved in rail pas- to construct and operate a visitor center for the senger accidents; Pages H9249±51 Upper Delaware Scenic and Recreational River on Congratulating the American Public Transit land owned by the State of New York (H. Rept. Association: H. Con. Res. 171, congratulating the 106–361); American Public Transit Association for 25 years of H.R. 1665, to allow the National Park Service to commendable service to the transit industry and the acquire certain land for addition to the Wilderness Nation; Pages H9251±52 Battlefield in Virginia, as previously authorized by law, by purchase or exchange as well as by donation, Reenacting Chapter 12 of Title 11, USC: S. amended (H. Rept. 106–362); and 1606, to extend for 9 additional months the period for which chapter 12 of title 11, United States Code, H. Res. 321, providing for consideration of is reenacted—clearing the measure for the President; H.R. 764, to reduce the incidence of child abuse Page H9253 and neglect (H. Rept. 106–366). Page H9203 U.S. Holocaust Assets Commission Extension Speaker Pro Tempore: Read a letter from the Act: H.R. 2401, to amend the U.S. Holocaust As- Speaker wherein he designated Representative sets Commission Act of 1998 to extend the period Tancredo to act as Speaker pro tempore for today. by which the final report is due and to authorize ad- Page H9243 ditional funding; Pages H9253±56 Recess: The House recessed at 12:42 p.m. and Concerning the Participation of Taiwan in the reconvened at 2:00 p.m. Page H9244 World Health Organization (WHO): H.R. 1794, Suspensions: The House agreed to suspend the rules amended, concerning the participation of Taiwan in and pass the following measures: the World Health Organization (WHO); Commercial Space Transportation Competitive- Pages H9256±59 ness Act: H.R. 2607, amended, to promote the Concern Over Interference with Freedom in development of the commercial space transportation Peru: H. Res. 57, amended, expressing concern over industry, to authorize appropriations for the Office of interference with freedom of the press and the inde- the Associate Administrator for Commercial Space pendence of judicial and electoral institutions in Transportation, to authorize appropriations for the Peru. Agreed to amend the title; Pages H9261±63 Office of Space Commercialization; Pages H9246±48 Sense of Congress Re Sacrilegious Exhibit at the Conveyance of Certain Property to Stanislaus Brooklyn Museum of Art: H. Con. Res. 191, County, California: H.R. 356, amended, to provide amended, expressing the sense of Congress that the D1084 CONGRESSIONAL RECORD — DAILY DIGEST October 4, 1999 Brooklyn Museum of Art should not receive Federal ommended in the Senate amendment for the funds unless it cancels its upcoming exhibit fea- National Endowment for the Arts and the National turing works of a sacrilegious nature. Agreed to Endowment for the Humanities; and (3) to disagree amend the title; Pages H9267±73 with the provisions in the Senate amendment which Condemning the Kidnapping and Murder of 3 will undermine efforts to protect and restore our cul- United States Citizens by the FARC: H. Res. 181, tural and natural resources by a yea and nay vote of condemning the kidnapping and murder by the Rev- 218 yeas to 199 nays, Roll No. 473. olutionary Armed Forces of Colombia (FARC) of 3 Pages H9276±82, H9284±85 United States citizens, Ingrid Washinawatok, Ter- Recess: The House recessed at 5:50 p.m. and recon- ence Freitas, and Lahe’ena’e Gay (agreed to by a yea vened at 6:00 p.m. Page H9282 and nay vote of 413 yeas with none voting ‘‘nay’’, Roll No. 470); Pages H9259±61, H9282±83 Recess: The House recessed at 6:50 p.m. and recon- vened at 8:15 p.m. Page H9282 Abraham Lincoln Bicentennial Commission Act: H.R. 1451, amended, to establish the Abraham Lin- Office of Compliance: The Chair announced on be- coln Bicentennial Commission (agreed to by a yea half of the Speaker and the Minority Leader of the and nay vote of 411 yeas to 2 nays, Roll No. 471); House and the Majority and Minority Leaders of the Pages H9263±67, H9283 Senate their joint appointment of the following indi- VA, HUD, and Independent Agencies Appro- viduals to a five-year term to the Board of Directors priations: The House disagreed to the Senate of the Office of Compliance: Mr. Alan V. Friedman amendment to H.R. 2684, making appropriations of California, Ms. Susan S. Robfogel of New York, for the Departments of Veterans Affairs and Housing and Ms. Barbara Childs Wallace of Mississippi. and Urban Development, and for sundry inde- Page H9285 pendent agencies, boards, commissions, corporations, Senate Messages: Messages received from the Senate and offices for the fiscal year ending September 30, appear on pages H9243 and H9285. 2000 and agreed to a conference. Appointed as con- Quorum Calls—Votes: Four yea and nay votes de- ferees: Representatives Walsh, DeLay, Hobson, veloped during the proceedings of the House today Knollenberg, Frelinghuysen, Wicker, Northup, Sununu, Young of Florida, Mollohan, Kaptur, Meek and appear on pages H9282–83, H9283, H9284, of Florida, Price of North Carolina, Cramer, and and H9284–85. There were no quorum calls. Obey. Pages H9273±76, H9283±84 Adjournment: The House met at 12:30 p.m. and Agreed to the Mollohan motion to instruct con- adjourned at 10:34 p.m. ferees to agree with the higher funding levels rec- ommended in the Senate amendment for the Depart- ment of Housing and Urban Development; for the Committee Meetings Science, Aeronautics and Technology and Mission Support accounts of the National Aeronautics and PRESCRIPTION DRUGS Space Administration; and for the National Science Committee on Commerce: Subcommittee on Health and Foundation by a yea and nay vote of 306 yeas to 113 Environment concluded hearings on Prescription nays, Roll No. 472. Pages H9273±76, H9283±84 Drugs: What We Know and Don’t Know About Seniors’ Access to Coverage. Testimony was heard Interior and Related Agencies Appropriations: from Representatives Peterson of Minnesota, Stark, The House disagreed to the Senate amendment to Fletcher, Allen, Berry and Gilman. H.R. 2466, making appropriations for the Depart- ment of the Interior and related agencies for the fis- BIPARTISAN CONSENSUS MANAGED CARE cal year ending September 30, 2000 and agreed to IMPROVEMENT ACT; QUALITY CARE FOR a conference. Appointed as conferees: Representatives THE UNINSURED ACT Regula, Kolbe, Skeen, Taylor of North Carolina, Committee on Rules: Heard testimony from Chairmen Nethercutt, Wamp, Kingston, Peterson of Pennsyl- Bliley, Goodling and Archer; and Representatives vania, Young of Florida, Dicks, Murtha, Moran of Upton, Cox, Ganske, Norwood, Coburn, Lazio, Shad- Virginia, Cramer, Hinchey, and Obey. egg, Greenwood, Boehner, DeMint, Thomas, Shaw, Pages H9276±82, H9284±85 Houghton, Kolbe, Hobson, Kelly, Ney, Gibbons, Agreed to the Dicks motion to instruct conferees Dingell, Thurman, Traficant, Slaughter, Berry and to (1) insist on disagreement with the provisions of Capuano, but action was deferred on the following Section 335 of the Senate amendment and insist on bills: H.R. 2723, Bipartisan Consensus Managed the provisions of Section 334 of the House bill; (2) Care Improvement Act of 1999; and H.R. 2990, to agree with the higher funding levels rec- Quality Care for the Uninsured Act of 1999. October 4, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D1085 CHILD ABUSE PREVENTION AND of Land Management to make necessary investments in ENFORCEMENT ACT federal lands, and reaffirm the positive connection be- tween Federal Lands counties and Federal Lands; and for Committee on Rules: Granted, by voice vote, an open other purposes, 2:30 p.m., SD–366. rule providing 1 hour of debate on H.R. 764, Child Committee on Environment and Public Works: Sub- Abuse Prevention and Enforcement Act of 1999. The committee on Clean Air, Wetlands, Private Property, and rule waives all points of order against consideration Nuclear Safety, to hold hearings on the Environmental of the bill. The rule waives points of order against Protection Agency’s Blue Ribbon Panel findings on provisions in the bill for failure to comply with methyl tertiary-butyl ether, 9:30 a.m., SD–406. clause 4 of rule XXI (prohibiting appropriations in Committee on Foreign Relations: to hold hearings on the legislative bills). The rule provides that the bill shall Convention On Protection of Children and Co-operation be open for amendment at any point. The rule in Respect of Intercountry Adoption, Adopted and allows the Chairman of the Committee of the Whole Opened for Signature at the Conclusion of the Seven- to accord priority in recognition to Members who teenth Session of the Hague Conference on Private Inter- have pre-printed their amendments in the Congres- national Law on May 29, 1993 (Treaty Doc. 105–51); sional Record. The rule allows the Chairman of the and S. 682, to implement the Hague Convention on Pro- Committee of the Whole to postpone votes during tection of Children and Co-operation in Respect of Inter- consideration of the bill and to reduce voting time country Adoption, 10:30 a.m., SD–419. Subcommittee on African Affairs, to hold hearings to to five minutes on a postponed question if the vote examine development assistance to Africa and the imple- follows a fifteen minute vote. Finally, the rule pro- mentation of United States foreign policy, 2:45 p.m., vides one motion to recommit with or without SD–419. instructions. Testimony was heard from Representa- Select Committee on Intelligence: to hold closed hearings on tives McCollum and Scott. pending intelligence matters, 2:30 p.m., room to be an- f nounced. Committee on the Judiciary: Subcommittee on Adminis- NEW PUBLIC LAWS trative Oversight and the Courts, to hold hearings on (For last listing of Public Laws, see DAILY DIGEST, p. D1075) S. 758, to establish legal standards and procedures for the S. 380, to reauthorize the Congressional Award fair, prompt, inexpensive, and efficient resolution of per- Act. Signed October 1, 1999. (P.L. 106–63) sonal injury claims arising out of asbestos exposure, 10 a.m., SD–226. f COMMITTEE MEETINGS FOR TUESDAY, House OCTOBER 5, 1999 Committee on Armed Services, hearing on the U.S. Com- mission on National Security/21st Century, 9:30 a.m., (Committee meetings are open unless otherwise indicated) 2118 Rayburn. Senate Committee on Commerce, Subcommittee on Energy and Committee on Armed Services: to hold closed hearings on Power, hearings on H.R. 2944, Electricity Competition issues relating to the Department of Energy and Intel- and Reliability Act of 1999, 10 a.m., 2123 Rayburn. ligence Community witnesses on military implications of Committee on Education and the Workforce, to mark up the Comprehensive Test Ban Treaty, 9:30 a.m., S–407, H.R. 2, to send more dollars to the classroom, 10:30 Capitol. a.m., 2175 Rayburn. Committee on Banking, Housing, and Urban Affairs: Sub- Committee on the Judiciary, to mark up the following: committee on Housing and Transportation, to hold hear- H.R. 2886, to amend the Immigration and Nationality ings on S. 1452, to modernize the requirements under Act to provide that an adopted alien who is less than 18 the National Manufactured Housing Construction and years of age may be considered a child under such Act Safety Standards of 1974 and to establish a balanced con- if adopted with or after a sibling who is a child under sensus process for the development, revision, and interpre- such Act; H.R. 1520, Child Status Protection Act of tation of Federal construction and safety standards for 1999; H.R. 2961, International Patient Act; and two manufactured homes, 9:30 a.m., SD–538. private relief bills, 10 a.m., 2141 Rayburn. Committee on Energy and Natural Resources: Subcommittee Committee on Resources, Subcommittee on National Parks on Forests and Public Land Management, to hold hear- and Public Lands, hearing on H.R. 2932, to authorize ings on S. 1608, to provide annual payments to the the Golden Spike/Crossroads of the West National Herit- States and counties from National Forest System lands age Area, 10 a.m., 1324 Longworth. managed by the Forest Service, and the revested Oregon Committee on Science, Subcommittee on Basic Research, and California Railroad and reconveyed Coos Bay Wagon hearing on Plant Genome Science: From the Lab to the Road grant lands managed predominately by the Bureau Field to the Market, Part 2, 2 p.m., 2318 Rayburn. of Land Management, for use by the counties in which Subcommittee on Energy and Environment, hearing on the lands are situated for the benefit of the public Fuels for Future, 10 a.m., 2318 Rayburn. schools, roads, emergency and other public purposes; to Committee on Ways and Means, Subcommittee on encourage and provide new mechanism for cooperation Human Resources, hearing on fatherhood legislation, 12 between counties and the Forest Service and the Bureau p.m., B–318 Rayburn. D1086 CONGRESSIONAL RECORD — DAILY DIGEST October 4, 1999

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Tuesday, October 5 9 a.m., Tuesday, October 5

Senate Chamber House Chamber Program for Tuesday: Senate will continue consider- Program for Tuesday: Consideration of 2 Suspensions: ation of S. 82, Air Transportation Improvement Act (1) H.J. Res. 65, Commending the World War II Vet- (FAA Authorization). erans Who Fought in the Battle of the Bulge; and At 2:15 p.m., Senate will vote consecutively on the (2) H.R. 1663, National Medal of Honor Memorial confirmations of the nominations of Ronnie L. White, to Act; and be United States District Judge for the Eastern District Consideration of H.R. 764, Child Abuse Prevention of Missouri, Brian Theadore Stewart, to be United States and Enforcement Act (open rule, one hour of general District Judge for the District of Utah, and Raymond C. debate). Fisher, to be United States Circuit Judge for the Ninth Circuit. Also, Senate will consider any conference reports when available. (Senate will recess from 12:30 p.m. until 2:30 p.m. for their respective party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Hinojosa, Rube´n, Tex., E2023 McIntosh, David M., Ind., E2024 Hoyer, Steny H., Md., E2023 Radanovich, George, Calif., E2019, E2021 Condit, Gary A., Calif., E2023 Kaptur, Marcy, Ohio, E2024 Sanchez, Loretta, Calif., E2023 DeLauro, Rosa L., Conn., E2019, E2020 Levin, Sander M., Mich., E2024 Smith, Christopher H., N.J., E2019, E2021 Eshoo, Anna G., Calif., E2019 McCollum, Bill, Fla., E2020 Vento, Bruce F., Minn., E2022

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