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

Vol. 146 WASHINGTON, TUESDAY, APRIL 25, 2000 No. 48 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, May 2, 2000, at 12:30 p.m. Senate TUESDAY, APRIL 25, 2000

The Senate met at 9:30 a.m. and was lic for which it stands, one nation under God, ing up the conference report on juve- called to order by the President pro indivisible, with liberty and justice for all. nile justice, when we will be taking up tempore [Mr. THURMOND]. f the conference report on the Patients’ Bill of Rights, when we are going to PRAYER RECOGNITION OF THE ACTING start doing some substantive things on MAJORITY LEADER The Chaplain, Dr. Lloyd John education. The session is winding Ogilvie, offered the following prayer: The PRESIDING OFFICER (Mr. down. We have 13 appropriations bills Almighty God, in a few moments we VOINOVICH). The Senator from Arizona. with which we must deal in the proc- will pledge allegiance to our flag with f ess. I think it would be a real shame if words that may have become faith- we finished the year without having lessly familiar with repetition. As we SCHEDULE worked on some of these issues the affirm that we are one nation under Mr. KYL. Mr. President, today the American public want most, including You, dear God, shake us awake with Senate will begin debate on the motion doing something about prescription the momentous conviction that You to proceed to S.J. Res. 3, proposing an drugs for senior citizens and the rest of alone reign supreme and sovereign in amendment to the Constitution to pro- the American public. this Nation and very powerfully and tect the rights of crime victims, until Mr. KYL addressed the Chair. personally in this Chamber. Give us a 12:30 p.m. Following that debate, the The PRESIDING OFFICER. The Sen- renewed sense of Your holy presence Senate will stand in recess until the ator from Pennsylvania has 10 minutes. and fill us with awe and wonder. This is hour of 2:15 p.m. in order for the week- Mr. REID. Mr. President, there was a Your Senate and the Senators are here ly party caucuses to meet. At 2:15, the unanimous-consent request in that re- by Your divine appointment and are Senate will proceed to a vote on the gard that has not been approved yet. accountable to You for every word spo- motion to invoke cloture on the mo- Mr. KYL. I wanted to note that I am ken and every piece of legislation tion to proceed to S.J. Res. 3. If cloture sure the majority leader will be happy passed. Help them and all of us who is not invoked on the motion, then a to respond to all of the elements the work with them to live this day on the second vote will occur on cloture on distinguished minority whip has raised knees of our hearts, with renewed rev- the substitute amendment to the mar- when he is able to reach the floor. erence for Your presence and profound riage tax penalty bill. Mr. REID. Mr. President, I have no gratitude for the grace and goodness of I thank my colleagues for their at- objection to the Senator from Pennsyl- Your providential care for our beloved tention. vania speaking for 10 minutes as long Nation. May all that we say and do this f as the minority also has 10 minutes to day be done by Your grace and for Your speak in morning business. glory. For You are the Lord, the Cre- ORDER OF PROCEDURE The PRESIDING OFFICER. Is there ator, and our Saviour. Amen. Mr. KYL. Before we begin, I will also objection? Without objection, it is so f ask unanimous consent that Senator ordered. SPECTER address the Senate for 10 min- PLEDGE OF ALLEGIANCE utes on an unrelated matter. f The Honorable GEORGE VOINOVICH, a The PRESIDING OFFICER. Is there Senator from the State of Ohio, led the objection? Senate in the Pledge of Allegiance, as Mr. REID. Mr. President, I hope in RESERVATION OF LEADER TIME follows: the process of the debate this week we The PRESIDING OFFICER. Under I pledge allegiance to the Flag of the get some information from the major- the previous order, leadership time is United States of America, and to the Repub- ity as to when we are going to be tak- reserved.

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

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VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2818 CONGRESSIONAL RECORD — SENATE April 25, 2000 PROPOSING AN AMENDMENT TO to move in to take custody of young pened with the potential powder keg in THE CONSTITUTION OF THE Elian, they had been armed to protect Miami last Saturday morning, it is my UNITED STATES TO PROTECT themselves. But the action necessi- view the Congress ought to consider in- THE RIGHTS OF CRIME VIC- tating their being armed had very stitutionalizing some permanent unit TIMS—MOTION TO PROCEED great potential for violence. It was a within the Department of Justice. The PRESIDING OFFICER. Under potential powder keg. Fortunately, The raid, which was conducted at 5 the previous order, the Senate will now there were no serious injuries. But a.m., has the potential—and it is hard proceed to the consideration of the mo- there could have been. And it is my to determine—of leaving very deep tion to proceed to S.J. Res. 3 which the view that there ought to be a look by scars on young Elian Gonzalez. When it clerk will report. the Congress at ways to improve these occurred, the question came into my The legislative clerk read as follows: procedures in the future. mind as to why the father was not at The Supreme Court of the United the scene, if not present at the house, Motion to proceed to S.J. Res. 3 proposing States, in the case of Garner v. Ten- an amendment to the Constitution of the but close to the scene to assist in United States to protect the rights of crime nessee, issued a ruling involving a Ten- soothing young Elian. I think the en- victims. nessee statute which involved law en- tire matter could have been avoided The PRESIDING OFFICER. The Sen- forcement officers using deadly force had the crowd been cleared, had there ator from Pennsylvania is recognized against a fleeing felon even if that been a court order, had the Govern- for 10 minutes. felon was unarmed. The Supreme Court ment taken up the representation of Mr. SPECTER. I thank my distin- of the United States held that this the uncle’s lawyer that Elian would be guished colleague from Arizona for statute was unconstitutional because peacefully turned over. yielding me a few moments this morn- deadly force may not be used unless it In the interim, it is my hope that the ing. is to save lives or avoid grievous bodily proceedings in Federal court will be ex- injury. Now, the problem with what pedited. I ask unanimous consent that f was done by the INS in moving in with the letters I wrote to Attorney General ELIAN GONZALEZ drawn weapons at 5 a.m. was that it Reno and President Clinton be printed could have triggered a chain reaction in the RECORD at the conclusion of my Mr. SPECTER. Mr. President, I have which could have led to violence. And statement. sought recognition to comment briefly there was really no necessity. They The PRESIDING OFFICER. Without on the case involving young Elian Gon- were not dealing with the customary objection, it is so ordered. zalez. At 11 o’clock this morning, Sen- INS case where they have a suspected (See exhibit 1.) ator LOTT has scheduled a closed-door terrorist or a violent criminal. This is Mr. SPECTER. Mr. President, those proceeding with Attorney General not a John Dillinger who has to be letters set forth in some greater detail Reno, and there are a number of impor- taken into custody. That matter could the way those hearings can be expe- tant outstanding questions which, in have waited another day. dited. When the Million Man March oc- my view, should be addressed. When I read the morning papers last curred in 1998 in New York City, the At the outset, let me make it plain Friday that the Department of Justice Federal court ruled on August 26, and that I believe and have believed that was considering moving in to take the court of appeals took it up on Sep- young 6-year-old Elian Gonzalez should young Elian Gonzalez, I wrote to both tember 1 and issued a 9-page opinion have been reunited with his father at the Attorney General and the Presi- the same day. In the Pentagon papers the earliest possible time. I believe dent and expressed the view that there case, only 18 days elapsed from the that as a legal matter there is no real were a number of less intrusive alter- publication of the papers until the case justification for any asylum proceeding natives which could have been under- went through the district court, the to keep young Elian Gonzalez in the taken. And I pressed hard at that time court of appeals, and the Supreme United States. The purpose of asylum for them to have a court order. Court of the United States. I renew my is to protect an alien from going back When the President said the Federal suggestion to the Department of Jus- to a country where he or she will be court ordered Elian Gonzalez taken tice to expedite those proceedings. persecuted. That certainly is not the into custody, that is not correct. The Ultimately, Elian will be returned case with Elian Gonzalez. He would be Court of Appeals for the 11th Circuit with his father to wherever they adulated. specifically refused to decide and de- choose to go. I hope they will stay in Nonetheless, I believe there are some clined to issue an order requested by the United States, but that is a matter very serious issues which have arisen the Department of Justice to have the for the Gonzalezes to determine. Juan that the Congress ought to address, and uncle turn over Elian to INS so he Miguel Gonzalez is the father, having the most prominent of those is the could be turned over to the father. The parental responsibility for the child, manner in which Elian Gonzalez was district court did not deal with the cus- but these are issues as to the use of taken into custody. In my opinion, tody issue either, but only decided that this extraordinary force and what there were less intrusive ways in which if there were to be an application for should be institutionalized in the De- that could have been accomplished. asylum, the proper person to make partment of Justice, which I think the The Immigration and Naturalization that was the father and not the uncle. Congress should look into in oversight Service said that they proceeded at 5 On this state of the record, there is a hearings, not to attach any blame but a.m. because they did not want to have very serious legal issue as to what au- to improve procedures and approaches any interference from the crowd. The thority the INS had to take Elian into for the future. avoidance of interference from the custody. They certainly were not going Again I thank my distinguished col- crowd could have been accomplished at to take him into custody to deport him league from Arizona and yield the high noon if the crowd were to have because there was an order of the cir- floor. been moved back several blocks, which cuit court prohibiting that until the EXHIBIT 1 is customary where people have a right circuit court had decided the case. U.S. SENATE, to demonstrate, people have a right to There is, in my opinion, a need for COMMITTEE ON THE JUDICIARY, express themselves, but they do not Congress to take a look at another Washington, DC, April 21, 2000. have the right to do it right at the lo- issue. The Department of Justice, re- Hon. JANET RENO, cation where there may be other inter- grettably, does not have a good record Attorney General, U.S. Department of Justice, ests which have to be preserved. Had at Ruby Ridge or at Waco. I chaired Washington, DC. the crowd been several blocks away, the subcommittee hearings on Ruby DEAR ATTORNEY GENERAL RENO: I am deep- there would have been no difficulty in Ridge which led to a change in the FBI ly concerned about reports in today’s media taking whatever action was deemed ap- rules on use of deadly force and cur- that you may initiate action through Fed- eral law enforcement agencies to take Elian propriate without the risk of having a rently am chairing a special task force Gonzales from the residence of his relatives problem with the crowd. of a subcommittee looking into Waco. in Miami and return him to his father. My Once the Immigration and Natu- In the context of what happened at concern arises from the experience at Ruby ralization Service agents were directed Ruby Ridge and Waco and what hap- Ridge, a subject on which I chaired Judiciary

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2000 CONGRESSIONAL RECORD — SENATE S2819 Subcommittee hearings and also on the If there is to be any action taken by Fed- Miami tells us a great deal about their Waco incident, on which I am now chairing a eral law enforcement officials other than a priorities. There is a passion, there is a Judiciary Subcommittee on Department of voluntary turning over by the Miami rel- commitment, there is a sense of ur- Justice oversight. atives of Elian Gonzales, then I urge you to gency to drop everything we are doing In advance of any such action there are a be personally involved and to consult with number of alternatives which could be pur- experts in the field, in addition to officials at on Capitol Hill and move into a thor- sued. For example, the Court of Appeals for the Department of Justice because of the ough investigation of this episode the 11th Circuit could be asked to expedite deeply flawed actions taken by the Depart- which occurred in the early morning the appeals process. There are many prece- ment of Justice at Ruby Ridge and Waco and hours of Saturday to decide whether or dents for prompt, expedited Circuit Court ac- in other law enforcement judgments of the not Attorney General Reno was doing tion such as that taken by the Court of Ap- Attorney General. the appropriate thing in the way she peals for the 2nd Circuit on the Million Man As noted in my letter to the Attorney Gen- March case in 1998. There, the District Court, approached it. eral, the hand of the Federal Government My question to the Republican ma- by order dated August 26, 1998, allowed the can be considerably strengthened by a Dis- March for September 5 and the Circuit Court trict Court order authorizing the Depart- jority in the Senate and the House is: heard arguments on September 1, 1998 and ment of Justice to take Elian Gonzales from Where is your passion, where is your issued a written opinion the same day. his Miami relatives and returned to his fa- sense of urgency, where is your com- Another option would be to ask the Court ther. mitment when it comes to the gun vio- of Appeals for the 11th Circuit to hear the It may well be that taking the potential lence which is occurring on the streets case en banc which could be accomplished use of force off the table would materially of America every single day? very promptly. damage the Government’s bargaining posi- Yet another option is to ask the Supreme Yesterday, here in our Nation’s Cap- tion with the Miami Gonzales family; but if ital, families who gathered at the Na- Court of the United States to take the case force is to be used, it must be used with ma- and hear it on an expedited basis which that ture, measured judgment contrary to what tional Zoo for an annual holiday wit- Court has the authority to do at any time. was done at Ruby Ridge and Waco. nessed gun violence which claimed The Pentagon Papers were published on June Sincerely, some seven victims, one of whom is 12, 1971. The District Court issued a decision ARLEN SPECTER. now on life support and may not sur- on June 19, the 2nd Circuit heard the case on June 22 and decided the case on June 23. The The PRESIDING OFFICER. The Sen- vive. Yet for a year—one solid year— Supreme Court heard arguments on June 26 ator from Illinois. the Republican leadership on Capitol and decided the case on June 30, 1971. Mr. DURBIN. Mr. President, I seek Hill has refused to bring forward any In a case involving the Iranian hostages, recognition under the 10 minutes re- gun safety legislation. Overnight they the Solicitor General asked the Supreme served on the Democratic side. can call for an investigation of Attor- Court for the United States for certification The PRESIDING OFFICER. The Sen- ney General Reno. Overnight they can before judgment on June 10, 1981. The Su- bring her to Capitol Hill because of this preme Court granted the request on June 11, ator is recognized. ordered briefs within one week, heard argu- f question of what occurred in Miami. But for one solid year, they have been ments on June 24 and decided the case on REPUBLICAN PRIORITIES July 2, 1981. unwilling and unable to step up and do There is good reason to believe that the Mr. DURBIN. Mr. President, we just anything about gun safety to protect order of the 11th Circuit three-judge panel heard a statement from the Senator children and families across America. will be reversed for a number of reasons. One from Pennsylvania which echoes the Mr. DORGAN. Will the Senator glaring error is that there is no basis for asy- statements of many Republicans since yield? lum for Elian Gonzales since that relief is granted when the individual faces persecu- the reuniting of Elian Gonzalez with Mr. DURBIN. No one was injured in tion or some prospective ill treatment upon his father. This was a very sad situa- the house of Elian Gonzalez’s relatives his return, which is certainly not the case tion. The Attorney General’s com- in Miami. Thank God. But kids are in- with young Elian. If returned to Cuba, he ments indicate she made extraordinary jured every day across America. will be the subject of adulation, not mis- efforts on a personal basis and through Twelve children are killed every day treatment. the Department of Justice to resolve across America because of gun vio- Before resorting to action to take Elian the differences between the members of lence, and this Republican majority, from his Miami relatives, I urge you to seek a judicial order from the United States Dis- this family involving this 6-year-old which has this passion to investigate, trict Court authorizing such action by the boy. ought to have the passion to legislate, Department of Justice. While perhaps not I am sorry it came to the process to pass laws to make America safer. I technically necessary, such an order might that it did in the early hours of the would like to see some proportionality well be persuasive enough for the Miami rel- morning on Saturday. I understand up in the way they respond to the real atives to turn Elian over voluntarily. Such until the very last moment, negotia- issues facing American families. an order may also be persuasive so that oth- tions were underway with the family, I yield to my colleague from North ers would not impede Department of Justice with the very basic goal of reuniting action to take Elian from his Miami rel- Dakota. atives. this little boy with his father. Mr. DORGAN. Mr. President, I appre- I am sending a copy of this letter to the I will never know what took place in ciate the Senator yielding to me. President, and I am sending you a copy of a those conversations, but I can cer- This is a very sad chapter. It is a letter I am writing to him. tainly understand that when the deci- story of a 6-year-old child who has been Sincerely, sion was made to enforce the law, to used as a political football now for ARLEN SPECTER. enforce the subpoena, and to move for- some many months—yes, by Fidel Cas- ward, those agents who went into that tro, but also by some in this country— U.S. SENATE, COMMITTEE ON THE JUDICIARY, home were entitled to protect them- and it ought to stop. What happened Washington, DC, April 21, 2000. selves. They did not know, going into the other morning in Miami is some- Hon. WILLIAM JEFFERSON CLINTON, that home, whether there was any dan- thing none of us wants to see in this President, The White House, Washington, DC. ger inside. The fact that they were country, but it happened without vio- DEAR MR. PRESIDENT: With this letter, I armed, of course, is troublesome in the lence occurring. No one was injured, am enclosing a copy of a letter which I am presence of a 6-year-old boy, but I do and the fact is, a 6-year-old boy was re- sending to Attorney General Reno sug- not believe a single one of us would ask gesting a number of judicial remedies before stored to his father’s care. any action is taken to return Elian Gonzales any law enforcement agent in Amer- I have heard all of the stories and all to his father other than through a voluntary ica—Federal, State, or local—to endan- of the words. I watched television last turning over of the boy by his Miami rel- ger their own lives by walking into a evening. I heard irresponsible state- atives. building without adequate protection ments about Waco, about storm troop- I am writing to you and the Attorney Gen- and show of force. ers, all kinds of conjecture about secret eral without being privy to any of the on- I hope we will put this in perspective. meetings between Fidel Castro and of- going negotiations, but only because of my I have been absolutely fascinated by concern about what happened at Ruby Ridge ficials in this country. Look, those and Waco which involved incidents where I the Republican response to this. To things serve no purpose at this point. have been extensively involved in oversight consider some of the statements that This is a 6-year-old boy whose moth- of the Department of Justice by Senate Judi- have been made by Republican leaders er died and who now has been restored ciary Subcommittees. on Capitol Hill since this event in to the care of his father. Are there

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2820 CONGRESSIONAL RECORD — SENATE April 25, 2000 those here who believe that a 6-year- helped Fidel Castro and hurt little time over to Senator FEINSTEIN for a old boy whose father loves him should Elian. They should have given him discussion of the history of this amend- not be restored to the care of his fa- back to his father long ago. Instead, ment and much of the articulation of ther? If so, then let’s have a long de- they made this whole situation nec- the need for it. But let me make a few bate about parental rights. I suspect essary. preliminary comments. they do not want to restore this young The officers who went in there are First of all, we have heard a little bit boy to the care of his father because entitled to protect themselves. If I about passion on a related matter. I his father is a Cuban and he will go were their spouse, if I were their child, can tell you there is nothing about back to Cuba and that is a Communist I would hope that they would. Then to which I am more passionate these days country. But I do not see people com- accuse them of brainwashing or drug- than supporting the rights of victims ing to the floor of the Senate talking ging this little boy is scandalous. of violent crime. much about the fate of the children in These marshals, who took the little According to the Department of Jus- Vietnam—that is a Communist coun- boy into their custody, are sworn to tice, there are over 8 million victims of try—or the fate of the children in give their own life, if necessary, to pro- violent crime in our society every year. China—that is a Communist country. tect the person they have in their cus- Not enough is being done to protect the All of a sudden, this one 6-year-old tody. rights of these victims. They have no child whose mother is dead and whose They were there to protect the little constitutional rights, unlike the de- father wants him, because he comes boy. They did protect the little boy. He fendants. Those accused of crime have from Cuba, does not have the right to is now back with his father where he more than a dozen rights which have be restored to the care of his father? belongs. been largely secured by amendments to Something is wrong with this. I resent the statement of some of the the U.S. Constitution. I understand there is great passion Miami relatives saying these pictures They, of course, trump any rights on all sides. The Attorney General was of a happy child with his father are that States, either by statute or State faced with an awful choice, and she doctored, that it is not really little constitutional provision, grant to the made a choice. The choice she made Elian, that they substituted someone victims of crime. It is time to level the playing field, was to use whatever show of force was else for him, or that the marshals to balance the scales of justice, and necessary—not force; show of force was drugged him. One relative even said the provide some rights for victims of necessary—to prevent violence while only reason he called his father from crime. These are very basic and simple they were able to get this boy and re- the airplane was because they put a rights, as Senator FEINSTEIN will ar- store him to the care of his father. gun to his head. This is outrageous. ticulate in just a moment. The fact is, it worked. In a little These brave men and women, who To secure basic rights to be informed under 3 minutes, they were able to get constantly put their lives on the line and to be present and to be heard at this boy. This boy, now we see in a to protect the people of this country, critical stages throughout the judicial smiling picture, is in his father’s arms including oftentimes Members of Con- process is the least that our society where he ought to be. gress, ought to be praised. owes people it has failed to protect. I know we can criticize Janet Reno Mr. DURBIN. Mr. President, how Thirty-two State constitutional and others till the Sun goes down and much time is remaining? amendments have been passed by an every day thereafter, but it is not The PRESIDING OFFICER (Mr. average popular vote of nearly 80 per- going to change the fact that this boy FRIST). Twenty seconds. cent. Clearly, the American people belongs with his father. We all know Mr. DURBIN. Let me close by saying have developed a consensus that the that. We should not use this boy for I hope we will see the same passion, the rights of crime victims deserve protec- some broader political purpose of U.S.- same commitment, the same sense of tion. Cuba relations, anti-Castroism, this, urgency from the Republican side when Unfortunately, these State provi- that, or the other thing. This is not it comes to gun safety legislation, sions have not been applied with suffi- about Fidel Castro. This is about a 6- when it comes to legislation for a Pa- cient seriousness to ensure the protec- year-old child and his father. tients’ Bill of Rights, when it comes to tion of these victims of crime. Mr. LEAHY. Will the Senator yield? a prescription drug benefit, as we have Let me note some quotations, first Mr. DORGAN. I am happy to yield. seen in their passion to continue to in- from the Attorney General of the Mr. LEAHY. I am pleased to hear vestigate every member of the Clinton United States, and then from attorneys both of my distinguished colleagues administration. general—these are the law enforcement talking about the necessity to protect f officials of our country—and the Gov- those who go into a situation such as ernors, who, of course, are the chief ex- PROPOSING AN AMENDMENT TO that. In an earlier career in law en- ecutives of the various States. forcement I had the experience of going THE CONSTITUTION OF THE Attorney General Reno explained, in on raids or arrests or hostage situa- UNITED STATES TO PROTECT testimony before the Senate Judiciary tions, oftentimes in the middle of the THE RIGHTS OF CRIME VIC- Committee: night. They are a very frightening TIMS—MOTION TO PROCEED— Efforts to secure victims’ rights through thing. Continued means other than a constitutional amend- I suspect those immigration officers The PRESIDING OFFICER. The time ment have proved less than fully adequate. and marshals also have families who until 12:30 p.m. shall be equally divided Victims’ rights advocates have sought re- worry about whether they are going to between the two leaders. forms at the State level for the past 20 years. However, these efforts have failed to fully come back alive. They are entitled to The Senator from Arizona. safeguard victims’ rights. These significant some protection, too. They talk about Mr. KYL. Mr. President, this is a his- State efforts simply are not sufficiently con- a frightening picture of a man so in- toric time because we are about to sistent, comprehensive, or authoritative to timidating that everybody would stand commence a debate on an amendment safeguard victims’ rights. still. His finger was not on the trigger that has passed through the Senate Ju- Legal commentators have reached of his gun. If you look at the picture, diciary Committee but has not yet the same conclusion. the safety was on the weapon. An un- come to the floor of the Senate; that is, For example, Harvard law professor armed female INS officer, with no body an amendment to the U.S. Constitution Laurence Tribe has explained that the armor or anything else, came in there, to protect the rights of victims of vio- existing statutes and State amend- putting her own life at risk so the lit- lent crime. ments ‘‘are likely, as experience to tle boy would not be frightened when I am very pleased this morning, date sadly shows, to provide too little she picked him up. And she spoke to along with Senator DIANNE FEINSTEIN real protection whenever they come him in Spanish. of California, to be making the pri- into conflict with bureaucratic habit, The Miami relatives could have mary case in support of this amend- traditional indifference, sheer inertia, avoided this. The Miami relatives took ment. or any mention of an accused’s rights a position they wanted to help little I would like to make some opening regardless of whether those rights are Elian and hurt Fidel Castro. They remarks and then turn our opening genuinely threatened.’’

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2000 CONGRESSIONAL RECORD — SENATE S2821 According to a December 1998 report onstrated, they are just not getting lican Attorneys General Association, Ala- from the National Institute of Justice, that kind of fair treatment, despite the bama Attorney General Bill Pryor, Alaska the victims are denied their rights. The best efforts of all these people. That is Attorney General Bruce Botelho, Arizona report concluded that: why, after 18 years, the conclusion has Attorney General Janet Napolitano, Cali- fornia Attorney General Bill Lockyer, Colo- Enactment of state laws and state con- been reached by so many that the only rado Attorney General Ken Salazar, Con- stitutional amendments alone appear to be way to guarantee these rights is by necticut Attorney General Richard insufficient to guarantee the full provision placing them in the U.S. Constitution Blumenthal, Delaware Attorney General M. of victims’ rights in practice. where defendants’ rights have also been Jane Brady, Florida Attorney General Bob The report went on to note numerous amended into existence. Butterworth, Georgia Attorney General examples of how victims were not We all know it shouldn’t be easy to Thurbert E. Baker, Hawaii Attorney General given rights they were already sup- amend the Constitution, but we have Earl Anzai. posed to be given under State provi- been very careful to communicate with Idaho Attorney General Alan Lance, Illi- sions. prosecutors and others who are famil- nois Attorney General Jim Ryan, Indiana For example, even in several States iar with the issues. After 63 drafts, we Attorney General Karen Freeman-Wilson, identified as giving strong protection think we have it right. We think we Kansas Attorney General Carla Stovall, Ken- to victims’ rights, fewer than 60 per- have a very tightly drawn amendment, tucky Attorney General Albert Benjamin Chandler III, Maine Attorney General An- cent of the victims were notified of the which Senator FEINSTEIN will explain sentencing hearing, and fewer than 40 drew Ketterer, Maryland Attorney General in just a moment, that protects these J. Joseph Curran, Jr., Michigan Attorney percent were notified of the pretrial re- rights without denigrating whatsoever General Jennifer Granholm, Minnesota At- lease of the defendant. That can be a the rights of the defendants or those torney General Mike Hatch, Mississippi At- serious matter to a victim of crime. A accused of crime. torney General Mike Moore, Montana Attor- followup analysis of the same data Our amendment has 42 cosponsors in ney General Joseph P. Mazurek, Nebraska found that racial minorities are less this body, a bipartisan group of Demo- Attorney General Don Stenberg, New Jersey likely to be afforded their rights under crats and Republicans. We have 39 Attorney General John Farmer, New Mexico the patchwork of existing statutes. State attorneys general who have Attorney General Patricia Madrid, North According to a letter, dated April 21 signed a strong letter in support. Our Carolina Attorney General Michael F. Easley, Ohio Attorney General Betty D. of this year, signed by 39 of the State Presidential candidates, both current Montgomery, Oklahoma Attorney General attorneys general: and past, have strongly supported a W.A. Drew Edmondson, Oregon Attorney We are convinced that statutory protec- crime victims’ rights amendment, as General Hardy Meyers, Pennsylvania Attor- tions are not enough; only a federal constitu- have groups such as Parents of Mur- ney General Mike Fisher, Puerto Rico Attor- tional amendment will be sufficient to dered Children, Mothers Against Drunk ney General Angel E. Rotger Sabat. change the culture of our legal system. Driving, the National Organization for South Carolina Attorney General Charlie A 400-page report by the Department Victim Assistance, and others. Condon, South Dakota Attorney General of Justice on victims’ rights and serv- I thought it would be appropriate to Mark Barnett, Texas Attorney General John ices concluded that: recognize the President of the United Cornyn, Utah Attorney General Jan Graham, [t]he U.S. Constitution should be amended States, who said in a very strong state- Virgin Islands Attorney General Iver A. to guarantee fundamental rights for victims ment before a number of crime victims’ Stridiron, Virginia Attorney General Mark of crime. rights groups: Earley, Washington Attorney General Chris- tine O. Gregoire, West Virginia Attorney The report continued: I strongly believe that victims should be General Darrell V. McGraw Jr., Wisconsin A victims’ rights constitutional amend- central participants in the criminal justice Attorney General James Doyle, Wyoming ment is the only legal measure strong system, and that it will take a constitu- Attorney General Gay Woodhouse, Alaska enough to rectify the current inconsistencies tional amendment to give the rights of vic- State Legislature. in victims’ rights laws that vary signifi- tims the same status as the rights of the ac- cantly from jurisdiction to jurisdiction on cused. LAW ENFORCEMENT the state and federal levels. He also said the following, which I Federal Law Enforcement Officers Associa- For those who are concerned that think represents the views of all of us tion, Law Enforcement Alliance of American somehow a Federal constitutional in this body: (LEAA), American Probation and Parole As- amendment would impinge upon States I do not support amending the Constitu- sociation (APPA), American Correctional rights other than noticing, of course, tion lightly; it is sacred. It should be Association (ACA), National Criminal Jus- that 75 percent of the States would changed only with great caution and after tice Association (NCJA), National Organiza- have to approve such a constitutional much consideration. But I reject the idea tion of Black Law Enforcement Executives, amendment for it to go into effect, let that it should never be changed. Change it Concerns of Police Survivors (COPS), Na- me refer to a resolution of the National lightly and you risk its distinction. But tional Troopers’ Coalition (NTC), Mothers never change it and you risk its vitality. Governors’ Association, which passed Against Violence in America (MAVIA), Na- But this is different. This is not an at- tional Association of Crime Victim Com- by a vote of 49–1, strongly supporting a tempt to put legislative responsibilities in pensation Boards (NACVCB), National Cen- constitutional amendment. the Constitution or to guarantee a right that ter for Missing and Exploited Children It stated: is already guaranteed. Amending the Con- (NCMEC), International Union of Police As- Despite . . . widespread state initiatives, stitution here is simply the only way to sociations AFL–CIO, Norm Early, former the rights of victims do not receive the same guarantee the victims’ rights are weighed Denver District Attorney, Maricopa County consideration or protection as the rights of equally with defendants’ rights in every Attorney Rick Romley, Pima County Attor- the accused. These rights exist on different courtroom in America. ney Barbara Lawall, Shasta County District judicial levels. Victims are relegated to a po- Mr. President, that is all we ask. Attorney McGregor W. Scott, Steve Twist, sition of secondary importance in the judi- I ask unanimous consent to print in former chief assistant Attorney General of cial process. the RECORD three pages of groups that Arizona. The resolution also stated: strongly support our amendment. California Police Chiefs Association, Cali- The rights of victims have always received There being no objection, the mate- fornia Police Activities league (CALPAL), secondary consideration within the U.S. Ju- rial was ordered to be printed in the California Sheriffs’ Association, Los Angeles dicial process, even though states and the RECORD, as follows: County Sheriff Lee Baca, San Diego County American people by a wide plurality consider Sheriff William B. Kolender, San Diego Po- CRIME VICTIMS’ RIGHTS AMENDMENT victims’ rights to be fundamental. Protec- lice Chief David Bajarano, Sacramento Coun- SUPPORTERS tion of these basic rights is essential and can ty Sheriff Lou Blanas, Riverside County only come from a fundamental change in our PUBLIC OFFICIALS Sheriff Larry D. Smith, Chula Vista Police basic law: the U.S. Constitution. 42 cosponsors in the U.S. Senate (29R; 13D), Chief Richard Emerson, El Dorado County That is it. Despite the well-meaning Former Senator Bob Dole, Representative Sheriff Hal Barker, Contra Costa County intention of judges, prosecutors, and Henry Hyde, Texas Governor George W. Sheriff Warren E. Rupf, Placer County Sher- Bush, California Governor Gray Davis, Ari- iff Edward N. Bonner, Redding Police Chief others who fundamentally agree that zona Governor Jane Hull, Former U.S. Attor- Robert P. Blankenship, Yavapai County victims need these rights of basic fair- ney General Ed Meese, Former U.S. Attorney Sheriff’s Office, Bannock County Prosecu- ness in our criminal justice system, as General Dick Thornburgh, Former U.S. At- tor’s Office, Los Angeles County Police the evidence has overwhelmingly dem- torney General William Barr, The Repub- Chiefs’ Association.

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2822 CONGRESSIONAL RECORD — SENATE April 25, 2000 VICTIMS The PRESIDING OFFICER. The Sen- When the Constitution was written, Mothers Against Drunk Driving (MADD), ator from Vermont. it was a different day. In 1791, the Bill National Victims’ Constitutional Amend- Mr. LEAHY. Mr. President, had the of Rights was written. Between the ment Network (NVCAN), National Organiza- Senator from Arizona completed his re- text of the Constitution and the text of tion for Victim Assistance (NOVA), Parents marks? the Bill of Rights, a number of rights of Murdered Children (POMC), Mothers Mr. KYL. I have completed my open- Against Violence in America (MAVIA), Jus- were provided to the accused, rights to tice for Murder Victims, Crime Victims ing statement. I don’t think there is a protect them against an overeager, United of California, Justice for Homicide specific agreement. The time is divided overzealous, and overambitious Gov- Victims, We Are Homicide Survivors, Vic- equally. ernment. We all know what they are: tims and Friends United, Colorado Organiza- The PRESIDING OFFICER. The time The right to counsel, to due process, to tion for Victim Assistance (COVA), Racial is equally divided between Senator KYL a speedy trial, against double jeopardy, Minorities for Victim Justice, Rape Re- and Senator LEAHY. against self-incrimination, against un- sponse and Crime Victim Center. Mr. LEAHY. Mr. President, normally reasonable searches and seizures, the Stephanie Roper Foundation, Speak Out I would speak at this point, under the right to have warrants issued upon for Stephanie (SOS), Pennsylvania Coalition usual procedure, following the major- Against Rape (PCAR), Louisiana Foundation probable cause, the right to a jury of Against Sexual Assault, KlaasKids Founda- ity floor leader. I know the distin- peers, the right to be informed, and so tion, Marc Klaas, Victims’ Assistance Legal guished Senator from California wishes on. Organization, Inc. (VALOR), Victims Re- to speak. I will not follow the normal Victims were entirely left out, and membered, Inc., Association of Traumatic procedure and speak but allow her to when the Constitution and the Bill of Stress Specialists, Doris Tate Crime Victims go forward. Then I will claim the floor Rights were written in 1789 and 1791, Bureau (DTCVB), Rape Response & Crime after her speech. there were essentially no rights pro- Victim Center, John Walsh, host of ‘‘Amer- The PRESIDING OFFICER. The Sen- vided to victims in the United States. ica’s Most Wanted’’ Marsha Kight, Oklahoma ator from California. City bombing victim. There was good reason for it. I want to Mrs. FEINSTEIN. Mr. President, I say why that took place. OTHER SUPPORTERS thank our ranking member for this op- When the Constitution was written, Professor Paul Cassell, University of Utah portunity. It gives an opportunity for in America in the late 18th century and School of Law, Professor Laurence Tribe, the Senator from Arizona and me to Harvard University Law School, Professor well into the 19th century, public pros- Doug Beloof, Northwestern Law School explain the amendment. I very much ecutors did not exist. Victims could, (Lewis and Clark), Professor Bill Pizzi, Uni- appreciate that. and did, commence criminal trials versity of Colorado at Boulder, Professor Providing constitutional rights for themselves by hiring a sheriff to arrest Jimmy Gurule, Notre Dame Law School, Se- victims of violent crime has been at the defendant, initiating a private curity on Campus, Inc., International Asso- the top of my list of priorities as a Sen- prosecution. The core rights of our ciation for Continuing Education and Train- ator from California. I will take a few amendment to notice, to attend, to be ing (IACET), Women in Packaging, Inc., moments to explain why. American Machine Tool Distributors’ Asso- heard were inherently made available I thank our colleague, Senator KYL, ciation (AMTDA), Jewish Women Inter- to a victim of a violent crime. As Juan national, Neighbors Who Care, National As- for his leadership in bringing this issue Cardenas, writing in the Harvard jour- sociation of Negro Business & Professional to the forefront and working so closely nal of law and public policy, observed: Women’s Clubs, Citizens for Law and Order, with me in a bipartisan way over the At trial, generally, there were no lawyers National Self-Help Clearinghouse, American past 4 years through two Congresses. I for either the prosecution or the defense. Horticultural Therapy Association (AHTA), believe this is what voters sent us here Victims of crime simply acted as their own Valley Industry and Commerce Association. to do, to work together, Republicans counsel, although wealthier crime victims Mr. KYL. In terms of specific letters and Democrats, House and Senate, to often hired a prosecutor. of support and so on, we will hear find solutions to the problems ordinary Gradually, public prosecution re- about that at a later time. Americans face every day. Indeed, ordi- placed the system of private prosecu- I conclude my statement by saying it nary Americans do find problems in the tion. With the explosive growth of has been a great pleasure for me to criminal justice system. crime in this country in recent years, work on a bipartisan basis with Sen- There were about 9 million victims of it became easier and easier for the vic- ator DIANNE FEINSTEIN who, as have I, violent crimes in 1996, when we began tim to be left aside in the process. has spent the better part of 4 years this effort, and each of the 4 years As other scholars have noted: honing and crafting this amendment, since that time in the United States. With the establishment of the prosecutor working with victims’ rights groups, Many of these victims were actually the conditions for the general alienation of visiting with fellow Senators, Members victimized a second time by the crimi- the victim from the legal process further in- of the House of Representatives, rep- nal justice system. They were kept in creased. resentatives of the White House, the the dark about their case. They were Mr. President, this began to happen Department of Justice, and many oth- excluded at the trial. They were unable in the mid 19th century, around 1850, ers in an effort to ensure that the to express their concerns for their safe- when the concept of the public pros- amendment we present to the Senate ty when a decision was made to release ecutor was developed in this country today is the very best possible product their attacker. It is for these victims for the first time. we could present. we are fighting for this amendment to The victim is deprived of his [or her] abil- We are always open to more sugges- the Constitution of the United States. ity to determine the course of a case and is tions. We have never closed the door to There are those who say the Con- deprived of the ability to gain restitution additional suggestions by people who stitution is a static document; it is a from the proceedings. Under such conditions, in good faith wish to make sure this perfect document; it should not be the incentives to report crime and to cooper- ate with the prosecution also diminished. As amendment will do what we want it to changed. There are those who say it the importance of the prosecution increases, do, without, of course, taking away the should not be changed easily. There are the role of victim is transformed [in our rights of defendants. We remain com- those who say it should not be changed country] from principal actor to a resource mitted to that proposition. without need. We are in the latter two. that may [or may not] be used at the pros- Over the next several days, obvi- We believe we have a serious amend- ecutor’s discretion. ously, we will hear from opponents. We ment, and we believe we can dem- Those aren’t my words; those are are delighted to hear their comments onstrate the need for this change. words of Fredric Dubow and Theodore and to visit with them about sugges- The amendment we propose today Becker in ‘‘Criminal Justice and the tions they may have. At the end of the meets a situation, the situation that Victim.’’ day, as all of the statements I have when the Constitution of the United So we see why the Constitution must read suggest, there is no alternative. States was written in 1789, there were be amended to guarantee these rights. There is only one way to protect the but 4 million people in 13 colonies. There was no need to guarantee them victims of violent crime; that is, Today we are over 250 million people, in 1789 and 1791, when the Bill of Rights through adoption of a Federal constitu- and victims of violent crimes alone was added. We see that the criminal tional amendment. amount to over 9 million a year. justice system has changed with the

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2000 CONGRESSIONAL RECORD — SENATE S2823 evolution of the concept of the public effect, be trumped at any time by the These cases helped California become prosecutor, and we see that America constitutional amendment provided to the first State in the Nation to pass a has changed. The prevalence of crime the accused. crime victims’ constitutional amend- has changed. The number of victims The attorneys general of 37 States, ment, an amendment to the State Con- has changed. So creating the need and Puerto Rico, and the Virgin Islands stitution of California, Proposition 8, circumstance to respond to these devel- have all signed a letter with this state- in 1982. It gave victims the right to res- opments and to restore balance in the ment: titution, the right to testify at sen- criminal justice system by guaran- We are convinced that statutory provisions tencing, probation, and parole hear- teeing certain basic rights of violent are not enough. Only a Federal constitu- ings, established a right to safe and se- crime victims in the United States is tional amendment will be sufficient to cure public school campuses, and made what we seek to do. change the culture of our criminal justice various changes in criminal law. It was Those rights would be as follows: The system. a good start. right to notice of proceedings; the Let me tell you, very personally, why Since that time, a total of 32 States right not to be excluded from pro- I believe this to be very necessary. Let have passed constitutional amend- ceedings; the right to be heard at pro- me take you back to my life in San ments to provide victims of crime with ceedings, if present; the right to sub- Francisco in the 1970s. In 1974, in my certain basic rights. All of them have mit a statement; the right to notice of home city, a man by the name of An- passed by substantial margins—Ala- release or escape of an attacker. For gelo Pavageau broke into the house of bama, 80 percent; Connecticut, 78 per- me, that is a central point and how I Frank and Annette Carlson in Portrero cent; Idaho, 79 percent; Illinois, 77 per- got involved in this movement. Also, Hill. Mr. Pavageau tied Mr. Carlson to cent; Indiana, 89 percent; Kansas, 84 there is the right to consideration in a chair, murdered him by beating him percent. Some States passed them by ensuring a speedy trial; the right to an with a hammer, a chopping block, and constitutional convention: South Caro- order of restitution ordered by a judge; a ceramic vase. He then repeatedly lina, Tennessee, Texas, Utah, Virginia, the right to consideration of safety in raped Annette Carlson, who was 24 Washington, and Wisconsin. What is wrong with that? What is determining any conditional release. years old, breaking several of her wrong is the paperwork quilt of dif- Those are basic, core rights that we bones. He slit her wrists and tried to ferent rights provided by different would give to a victim of violent crime strangle her with a telephone cord be- State Constitutions. The remaining to be balanced against the rights of the fore setting their home on fire and leaving them to go up in flames. States—18 of them—provide no basic accused. rights for a victim of a violent crime. Senator KYL mentioned that among But Mrs. Carlson survived the fire; We provide a basic core of rights—of our supporters are Prof. Laurence she lived and she testified against her notice, of presence, to be heard, to be Tribe of the Harvard Law School. Pro- attacker. That testimony sent him to noticed of an attacker’s release, to res- fessor Tribe is a noted constitutional prison where he resides, I believe, to this day. But she has been forced to titution if ordered by a judge—eight expert. Let me quote portions of his certain, basic, core rights that exist for testimony from the House hearing on change her name. She lives anony- mously and she continues to live in every victim of a violent crime the amendment: throughout the United States. For the The rights in question—the rights of crime fear that one day her attacker may be released and come back after her. first time in history, the Constitution victims not to be victimized yet again would recognize a victim has core basic through the processes by which government When I was mayor of San Francisco, bodies and officials prosecute, punish, and she called me several times to notify rights, that those rights are present in release the accused or convicted offender— me that she had found out that he was the Constitution, and that the victims are indisputably basic human rights against up for parole, and she begged me to do are free to exercise those rights. In summary, I know this amendment government, rights that any civilized system what I could to see that she would of justice would aspire to protect and strive is controversial. I know there are those know if he was released so she could never to violate. who will say these State amendments protect herself. Amazingly, it was up Our Constitution’s central concerns in- are enough. I want to give a few exam- volve protecting the rights of individuals to to her to find this information. The ples of why the State amendments are participate in all those government proc- system did not provide it. not enough. esses that directly and immediately involve I believe no American citizen should Maryland has a State amendment. those individuals and affect their lives in have to live out of fear that their some focused and particular way.... The But when Cheryl Rae Enochs Resch attacker will be released from jail or was beaten to death with a ceramic parallel rights of victims to participate in from prison without their notice. That these proceedings are no less basic, even beer mug by her husband, her mother though they find no parallel recognition in is a basic right provided by this meas- was not notified of the killer’s release ure. the explicit text of the U.S. Constitution. 21⁄2 years into the 10-year sentence. The The fact that the States and Congress, In 1979, a killing occurred which gal- mother was not given the opportunity within their respective jurisdictions, already vanized the victims’ rights movement to be heard about this release—in vio- have ample affirmative authority to enact in California. A young woman named lation of the Maryland constitutional rules protecting these rights is. . .not a rea- Catina Rosa Salerno was murdered on son for opposing an amendment alto- amendment. her first day of school at the Univer- Arizona has a State constitutional gether.... The problem, rather, is that sity of the Pacific in Stockton. The such rules are likely, as experience to date amendment, but an independent audit sadly shows, to provide too little real protec- killer was an 18-year-old, Steven Jones of victim-witness programs in four Ari- tion whenever they come into conflict with Burns, Catina’s high school sweetheart zona counties, including Maricopa bureaucratic habit, traditional indifference, and a trusted family friend. After County, where Phoenix is located, sheer inertia, or any mention of an accused’s shooting her, Burns went back to his found that victims were not consist- rights regardless of whether those rights are dorm room to watch Monday night ently notified of hearings; they were genuinely threatened. football. He could see her as she bled to not conferred with by prosecutors re- Now, some people would say, ‘‘Let’s death outside his window. garding plea bargains; they were not pass another Federal statute.’’ To During the trial, the family was not consistently provided with an oppor- them, I say: Been there, done that. We allowed in the courtroom and had to tunity to request postconviction notifi- did that twice—in the case of the Okla- sit outside waiting for news. The mur- cation. homa City bombing—and the judge ig- der of Catina had a profound and last- Ohio has a State amendment. But nored the Federal statute both times. ing effect on the family. Her mother, when the murderer of Maxine John- According to the FBI, 98.4 percent of Harriet, and her father, Michael, co- son’s husband changed his plea, Maxine violent crimes are prosecuted in State founded Crime Victims United, one of was not notified of the public hearing courts. So why a Federal statute won’t California’s more outspoken groups for and was not given the opportunity to work is that even the broadest Federal victims’ rights, and the family has testify at his sentencing as provided in statute would affect only 1 percent of since that day worked tirelessly to Ohio law. the victims of violent crimes in this educate the public about the rights of A Justice Department-supported Nation. And then that statute could, in crime victims. study of the implementation of State

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2824 CONGRESSIONAL RECORD — SENATE April 25, 2000 victims’ rights amendments released voted for this measure in the Judiciary crime were protected by the same earlier this year made similar findings: Committee, and that I did so despite rights given to any party to litigation. Even in States with strong legal protec- some reservations about its provisions The rights of victims were dramati- tions for victims’ rights, the Victims’ Rights and its language. No one has worked cally altered—along with the rest of study revealed many victims are denied harder on this issue than the distin- the criminal justice system—with the their rights. Statutes themselves appear to guished chairman of the Judiciary advent of government-paid public pros- be insufficient to guarantee the provision of Committee’s Subcommittee on Tech- ecutors in the mid-1800s. Since then, victims’ rights. nology, Terrorism, and Government In- the government, not the victim, has The report goes on: formation—Senator JON KYL. He has been the party litigating against crimi- Nearly two-thirds of crime victims, even in been a tireless advocate for victims nals in court. Obviously this has been a states with strong victims’ rights protection, rights, and has done more than most tremendously important effect on soci- were not notified that the accused offender will ever appreciate to make the Sen- ety by ensuring that criminals are pun- was out on bond. ate’s consideration of this proposed ished even when their victims could Therefore, the victim had no oppor- resolution a reality. Both he, and his not, or would not, prosecute them. tunity to protect himself or herself. lead cosponsor and ranking member on Today we would not have even a sem- Nearly one half of all victims, even in the the Subcommittee, Senator DIANNE blance of crime control without public strong protection states, did not receive no- FEINSTEIN, are to be commended. prosecutors. tice of the sentencing hearing—notice that is Frankly, they—and the committed net- Unfortunately, however, one side-ef- essential if they are to exercise their right to fect of replacing victims with public make a statement at sentencing. work of victims’ advocates—are why we are here today. It is because of their prosecutors was to force victims to the Finally: tireless commitment to this measure sidelines of the criminal justice sys- A substantial number of victims reported that I will vote to invoke cloture on tem. No longer are victims parties to they were not given an opportunity to make the motion to proceed to consideration the case. No longer do individual vic- a victim impact statement at sentencing or tims have legal representation in parole. of S.J. Res. 3. I should be clear, how- ever, that I do so with some reserva- court. No longer are the victims an in- State amendments are not enough. tions concerning the proposed text of tegral part of the process. Instead, vic- tims have become relegated to the role The reason a Federal statute will not the amendment. But I hope my con- of one-call witnesses who can be sum- work is that it has not worked before cerns can be addressed during the floor and our area of coverage is too small. moned—or not—by either side. debate on the resolution. The distance between victims and the The best Federal statute we could pass Among my reservations are: criminal process has grown greater would cover but 1 percent of victims of Its scope: the amendment’s protec- over time. Prosecutors are overworked, violent crimes in this Nation. tions apply only to violent crimes; That leaves but one remedy. It is a Its vagueness: some of its definitions courts face backlogs of cases, and pris- difficult remedy. It takes time. It im- are unclear and will be subject to too ons are overcrowded. These practical constraints, together with strategic poses an act of conscience on every much judicial discretion; and Member of this body and the other Its effects on principles of federalism: legal considerations, has led to an in- body who believes the Constitution of the proposed amendment could pave creasingly institutional view of the United States should not be amend- the way for more federal control over crime—a view that focuses on proc- ed: Is it worthy to make this amend- state legal proceedings. essing cases rather than involving vic- ment to afford the victim of a rape at- Given my reservations, some of my tims. In conclusion, Mr. President, I be- tack, the victim of an attempted mur- colleagues have asked how I could nev- lieve the time has come for the Senate der attack, with the notice as to when ertheless approve the Senate’s consid- to consider the victims rights amend- that individual is going to be released eration of S.J Res. 3. I’d like to ex- ment. The issue for the Senate should from jail or prison? I think it is. plain, beginning with a little back- not be whether we pass a victims’ Is this a worthy enough cause so that ground on the origins of the criminal rights amendment—I believe we should an individual can at least be noticed justice system. do so. But I believe we must ensure when a trial is going to take place, can Our Constitution provides the back- that whatever form our final product at least be present, can at least make bone for what has unquestionably takes, we have fully debated and con- a statement, can at least have an order evolved into the best criminal justice sidered the matter. In the end, delib- of restitution if ordered by a judge, and system that has ever existed on Earth. erations and our final passage of a vic- to at least have notice of these basic Decent and thoughtful people have tims’ rights amendment will have pro- rights? I think so. worked for over two hundred years I don’t believe the Constitution of found, reaching effects on the criminal writing and re-writing the statutes, justice system. We need to be sure the the United States was written purpose- case law, rules and procedures that results are as we would wish them to fully to exclude victims. The victim guide the judges and lawyers who run be. was part of the trial. The victim the system. Those laws and rules have, The PRESIDING OFFICER. The Sen- brought the trial. The victim brought by and large, kept the courts appro- ator from Vermont. the investigation. The victim was priately focused on the twin goals of Mr. LEAHY. Mr. President, I listened present in court. And our country func- seeking the truth and protecting the to my two distinguished colleagues. tioned that way until the mid-19th cen- accused from arbitrary or unreasonable Not only are all colleagues ‘‘distin- tury and the evolution of the public government actions. guished’’ colleagues, but these two are prosecutor. Although our criminal justice system also personal friends. One is a Repub- The only way to remedy this signifi- is the best, it is not perfect. There are lican, one a Democrat. Both are indi- cant omission, I contend, is to amend many ways in which it could improve. viduals I like very much, individuals the Constitution of the United States One of the most important areas need- with whom I enjoy working on the Sen- and at long last show the Constitution ing improvement is the manner in ate Judiciary Committee. is, in fact, a living document, that it which the criminal justice system However, notwithstanding our friend- does expand to take into consideration treats victims of crime. ship and our service on the same com- the evolution of circumstances within The fact that the drafters of the Con- mittee, I must disagree with them on our country. This cannot be done, it stitution did not include specific rights this constitutional amendment. cannot be achieved, without an amend- for victims of crime is not surprising. I do not disagree with them at all on ment to the Constitution of the United At that time, there was no need for the intent of the amendment to give States. such rights because victims were par- victims rights; to make sure they can I reserve the remainder of my time, ties to the legal actions against their be heard in sentencing, to make sure and I yield the floor. perpetrators. There was no such thing their views are sought out in every Mr. HATCH. Mr. President, the peo- as a public prosecutor; victims brought area from plea bargains to compensa- ple who have followed the victims’ cases against their attackers. When the tion. I know in the 8 years I was a pros- rights amendment closely know that I Constitution was drafted, victims of ecutor I did that. It was the standard

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2000 CONGRESSIONAL RECORD — SENATE S2825 procedure in my office. I insisted that ing for sensible gun safety laws. It has have to find time, or at least the will, victims be heard in the pre-sentence been now more than a year since the to pass balanced, comprehensive juve- report, victims be heard by the court, tragic event at Columbine High School nile crime legislation. This is some- victims be heard by the prosecutor’s of- in Littleton, CO; more than a year thing that could be signed into law fice if a determination was made to ei- since 14 students and a teacher lost today, or within a day after being ther bring extra charges or to drop their lives in that tragedy on April 20, passed. This is legislation we passed by some charges—whatever the reason 1999. Still, the American people are a 73–25 margin, and then we hold it in might be. waiting for action by this Congress. abeyance because the gun lobbyists I must admit, I would have been very It has been more than 11 months said do not touch this. concerned had there been a constitu- since the Senate passed the Hatch- What have we done in the meantime? tional amendment of this nature be- Leahy juvenile justice bill by a bipar- We keep having a number of proposed cause I can almost picture the number tisan vote of 73–25. It had modest, but constitutional amendments. Last of appeals, the number of delays, and I believe effective, gun safety provi- month, it was a proposed constitu- the number of other issues that would sions in it. It has been more than 8 tional amendment regarding the flag. I come up. In many ways, it would cre- months since the House and Senate ju- spoke at the beginning and end of that ate, in my view, just the opposite effect venile justice conference met. That debate to urge the Senate to turn to from that which the sponsors want; was only a ceremonial meeting. We did completing our work on the juvenile that is, so many appeals could come it for the first and the last and the only crime bill, health care reform legisla- out of this that everybody would lose time. Throughout the entire school tion, on minimum wage legislation, on sight of who is being prosecuted and year that has ensued, the Republican privacy legislation, on confirming the why. Senate chairman of the House-Senate Federal judges needed in our courts Last Wednesday, we observed the conference and the Republican leader- around the country, and all the other fifth anniversary of the killing of 168 ship of the Congress, have refused to matters that have been sidetracked Americans in the horrific bombing of call this conference back to work. The this year. But rather than doing the the Alfred P. Murrah Federal Building Senate and House Democrats have been legislative work that we should do first in Oklahoma City, and we opened the ready for months to reconvene the ju- and foremost, we are now going to turn Oklahoma City National Memorial. venile justice conference and work our attention to another constitutional Every American was shocked at the with Republicans to craft an effective amendment, this one with regard to initial bombing. Every American must juvenile justice conference report that crime victims’ rights. have been moved by the speeches and includes reasonable gun safety provi- I believe constitutional amendments, the observance at the memorial. I re- sions. But the majority has refused to if they are brought up, should be ap- member, after that terrible incident, act. proached seriously. The distinguished the Senate proceeded to consider I think the lack of attention, a lack Senator from Arizona and the distin- antiterrorism legislation. The incident of effective action is shameful, particu- guished Senator from California have was in the spring, and by June, we were larly in light of the fact that Congress approached it seriously. But that considering antiterrorism legislation. has spent far more time in recess than means a real, serious debate. If we are In fact, at that time the Senate accept- in session since the first ceremonial going to amend the Constitution of the ed my amendment to include victims meeting of the conference. United States, we should do it seri- legislation in the antiterrorism bill. I I spoke on the floor several times ously. Instead, late on Thursday, after worked with Senator MCCAIN to in- over the last year—on September 8, we voted to adopt an adjournment res- crease assessments against those con- September 9, October 21, March 21, olution, and everybody had left for the victed of crime, with the assessments March 28, March 29, April 5, April 6, airport, the majority leader came to to go to the Crime Victims Fund. When April 13, and today—urging the major- the floor to move to proceed to this the matter was completed the fol- ity to reconvene the juvenile justice matter. I do not think constitutional lowing year, we preserved our legisla- conference. I have joined with Sen- amendments should be a time filler to tive improvements to help victims of ators, both in writing and on the floor, be called upon when we do not want to terrorism in the United States, in fact to request the Senate leadership let us proceed to legislative items. Nor is a around the world, as the Justice for complete our work on the conference constitutional amendment the type of Victims of Terrorism Act of 1996. We and send a good bill to the President. item that should be rushed through moved very quickly to respond. We should not delay simply because Senate consideration. It should be ex- Last Thursday, we also observed the some powerful gun lobbies do not want plored and thoughtfully considered. If anniversary of the tragic violence at us to pass even the most modest gun we are going to start having constitu- Columbine High School. That was one safety legislation; even the modest pro- tional amendments rather than legisla- in a series of deadly incidents of school vision that closes this huge loophole tive matters, then let’s set aside a good violence over the last few years. Scores we now have for gun shows where period of time—a few weeks—to talk of our Nation’s children have been somebody in a flea market can sell about this one. killed or wounded over the last 3 years firearms to felons. Let’s talk about the others that from school violence, and that violence On October 20, 1999, all the House and should come up. I can think of at least has shaken families and communities Senate Democratic conferees sent a two. Let’s have a constitutional across our Nation. In the wake of the letter to Senator HATCH and Congress- amendment debate on abortion. For Columbine violence, the Senate moved man HYDE, calling for an open meeting those who think Roe v. Wade should be to the consideration of juvenile crime of the conference. On March 3 of this the law of the land, let’s write it into legislation. We had one of the few real year, after another shocking school the Constitution. For those who think Senate debates in the past few years. shooting involving 6-year-old class- it should not be, this is the chance to We had a 2-week debate. During that 2- mates in Michigan, Representative overrule the Supreme Court. Let’s set- week debate, we greatly improved the CONYERS and I wrote again to Senator tle once and for all this whole constitu- bill with numerous amendments, in- HATCH and Congressman HYDE request- tional issue on abortion. Let’s have a cluding a number directed at common- ing an immediate meeting of the con- constitutional amendment on that. I sense, consensus gun safety laws. ference. The response has been re- am perfectly willing to move forward On May 20 last year, within a month sounding silence. with that. Even though I have stated of the Columbine tragedy, the Senate Even a bipartisan letter on April 11 my strong positions on this issue, let’s acted to pass the Hatch-Leahy juvenile from the Republican chairman of the have a debate on it. crime bill. We did it by a 3–1 margin, House Judiciary Committee, HENRY There are those who are concerned but since last May when we passed it, HYDE, and the Ranking Democrat, about whether we have too many gun the Congress has kept the country JOHN CONYERS, to the Republican Sen- rights and those who think we do not waiting for final action on the legisla- ate chairman of the conference, Sen- have enough. Maybe we should have a tion. Since last May, the Congress and ator HATCH, has not succeeded in get- gun amendment to clarify the second the Senate have kept the country wait- ting the conference back to work. We amendment. Maybe we should get these

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2826 CONGRESSIONAL RECORD — SENATE April 25, 2000 issues out of the way once and for all. complications and delays the constitu- enormous budget surplus. That is what We can spend a few weeks on each one tional amendment ratification process happened, but it took a tough vote, not of these. We can be done by late Au- might entail, and without the need to a palliative of a constitutional amend- gust, and the Senate will have spoken return to Congress to draft, introduce, ment to balance the budget; a tough as to how they think it should be done. and pass implementing legislation. vote. The last two times the Senate de- There will be other amendments, as I A lot of Democrats who were coura- bated the so-called balanced budget have said. geous enough to actually vote to bal- amendment, those debates consumed a I know the distinguished sponsors of ance the budget were defeated the next number of weeks, as they should. This this amendment have been through year because they had to cast such un- was a palliative I happened to oppose. more than 60 drafts to date. This is not popular votes to balance the budget. We were told that without a constitu- an easy issue. It is hardly fixed in They did the right thing, and their tional amendment to balance the budg- stone. It has not had Senate scrutiny. children and grandchildren will bless et, we could never balance the budget. In fact, a number of Senators told me them for it. Many of us said if we did our work and when they came back from the recess I have argued that rather than look wrote the legislation the right way we that they were surprised to know this again, in this case victims’ rights, to a could. Of course, that is exactly what was coming up because it was added to constitutional amendment, we should happened. We did not need a constitu- the agenda after we had voted to ad- be looking at a statutory way, the tional amendment after all. We are journ for the Easter recess. Many Sen- same way we did with the balanced now debating how to spend the budget ators are surprised it is before us. I budget. I wish the Senate was consid- surpluses because we balanced the have told them the proposed constitu- ering the Victims Assistance Act, S. budget without a constitutional tional amendment is important. I 934, and its extensive provisions to im- amendment. think its meanings and mandates have prove crime victims’ rights and protec- This proposed amendment is of simi- to be explored. tions now and do that during this de- lar length and additional complexity In my personal view—and I actually bate. Instead of during the next several and will require some time to debate, note this with some sadness—the focus weeks debating the constitutional as we did with the balanced budget on the constitutional amendment has amendment, why don’t we debate S. amendment. actually had the unintended con- 934? In addition, of course, this is the first sequence of slowing the pace of vic- I wish we would consider our Seniors time this amendment will be debated tims’ rights legislation over the past Safety Act, S. 751, that helps protect by the Senate. It has never been de- several years. I am reminded of the de- our seniors from nursing home fraud bated by the House. So there is a lot of bate we had year after year of the need and abuse and creates protections for new ground to cover. If we are to pass for a balanced budget amendment to victims of telemarketing fraud. These it, I know the House will want to look the Constitution. President Reagan, senior citizens who are abused in nurs- to our debate. I assume there will be who submitted budgets with the big- ing homes and who are ripped off from weeks of debate on it, as there should gest deficits in the Nation’s history, telemarketing frauds are victims also. be. It is a legitimate issue. would always give great speeches about I think it can be handled statutorily, needing a constitutional amendment to I wish the Senate would consider a but if we are going to do it in the Con- balance the budget. Of course, I used to number of the scores of additional leg- stitution, we should spend the weeks tell him: There you go again. All you islative proposals that would assist necessary to make sure we get it right. had to do was introduce a balanced crime victims. Instead of the weeks we By way of illustration, the Judiciary budget and let us vote on it. Instead, will spend on this constitutional Committee took more than 6 months he introduced budgets, as was his right amendment, why don’t we debate the to file its report on the proposed as President, with enormous deficits, Violence Against Women Act II, S. 51, amendment, even though a similar and then a few days later gave a speech that my friend, Senator BIDEN, has measure had been the subject of a re- saying: I wish we had a constitutional championed? That bill will continue port last Congress. I note that the ma- amendment to balance the budget so and improve important and effective jority views in the committee report we could balance this budget. programs for domestic violence victims run over 40 pages. The principal spon- A President came along who did bal- and other victims of crime. The aid to sors, Senators KYL and FEINSTEIN, ance the budget. It was a very tough those victims of crime would be imme- added a statement of their own addi- vote. I remember that vote in 1993. By diate. tional views on top of those. I urge all a 1-vote margin in the House—no Re- Senator WELLSTONE has introduced Senators to read them because they are publicans voted to balance the budget, the International Trafficking of worth reading. I note that the minority which means cutting a whole lot of Women and Children Victim Protec- views, in which I join with Senators programs—no Republicans voted for it. tion Act, S. 600. It has received little KENNEDY, KOHL, and FEINGOLD, extend It passed by a 1-vote margin in the attention, but it should be debated. He over 35 pages. I think they are well House. It was a tie vote in the Senate. also sponsored the Battered Women’s worth reading. There is a lot of discus- Vice President GORE had to preside and Economic Security and Safety Act, S. sion in them. cast the deciding vote for a balanced 1069, and the Children Who Witness Do- We will vote today on the majority budget. mestic Violence Protection Act, S. leader’s motion to invoke cloture on It was tough. A lot of special interest 1321. These bills were introduced to im- the motion to proceed. I will not op- groups from the right to the left saw prove the safety and security of these pose invoking cloture on the motion to their programs nailed, but it was the victims, but they are not being consid- proceed. In fact, I urge Senators to only way to balance the budget, and we ered. vote for cloture on the motion to pro- balanced it. The stock market and the It is said that we do not have time, ceed. I hope it will be a 100–0 vote. But various financial markets took note: but we are going to spend several once we proceed to consideration of This is serious; they really are serious. weeks on a constitutional amendment this measure, my colleagues should un- That vote began this huge economic that would still have to go through the derstand that it is an important mat- surge in this country. I do recall some other body, and would still have to go ter that will require some extensive de- on the other side saying: Why, if we to the States for approval and ratifica- bate, and we will see serious and sub- vote to balance the budget, we are tion. During those several weeks, we stantial amendments to this proposal. I going to have enormous layoffs, 20 per- could be debating those pieces of legis- have heard from both sides of the aisle. cent unemployment, we are going to lation for victims. I told the distinguished Senator from have a depression, we are going to have Senators SNOWE, HUTCHISON, GRAMS, California that I will offer a statutory a recession—all these things. Instead, ASHCROFT, SMITH, ABRAHAM, HATCH, alternative in the days ahead that can the economy has created the most jobs EDWARDS, DURBIN, TORRICELLI, and oth- move the cause of crime victims’ rights ever in the history of our Nation. We ers have sponsored legislation to help forward immediately by a simple ma- have had the greatest economic expan- crime victims, but I do not think we jority vote, without the additional sion in our Nation’s history and an are going to consider them. We are

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2000 CONGRESSIONAL RECORD — SENATE S2827 going to debate a proposed constitu- George Will and Stewart Taylor, who Bud Welch, Father of victim of Oklahoma tional amendment. We will spend sev- have spoken out strongly against it. City bombing; eral weeks on something that is not We have had liberal commentators who SAFES (Survivors Advocating for an Effec- self-executing but would require addi- have spoken out against it. tive System). tional follow-on legislation in any We have editorials from the New Mr. LEAHY. Mr. President, I yield event, but we are told we do not have York Times, the Washington Post, and the floor and reserve the remainder of time to debate, again, legislation others who have opposed it—people my time. which could apply help to victims this ranging from Chief Justice William The PRESIDING OFFICER (Mr. summer. Rehnquist to Bud Welch, the father of ENZI). Who yields time? So as we turn to this constitutional one of the victims of the Oklahoma Mr. KYL. Mr. President, let me take debate, I observe it is not a matter on City bombing. a few minutes to respond to the distin- which the immediate filing of a cloture I ask unanimous consent that a par- guished ranking member of the Judici- motion would be appropriate. I urge all tial list of those opponents be printed ary Committee, Senator LEAHY. Senators—Republicans and Democrats in the RECORD. He is absolutely correct that con- alike—to vote for cloture on the mo- There being no objection, the mate- stitutional amendments should not be tion to proceed. But if we are serious rial was ordered to be printed in the rushed. We have taken a long time to about debating this measure, then we RECORD, as follows: get to this point—4 years. As a matter should debate it. The distinguished LIST OF OPPONENTS OF S.J. RES. 3 of fact, in the Judiciary Committee Senator from Arizona should have all Bill Murphy, Past-President of the Na- alone we have heard from 34 witnesses the time he needs to talk about it. The tional District Attorney’s Association, in his and have had 802 pages of testimony distinguished Senator from California personal capacity; and submissions. In the House, there should have all the time she needs to The Judicial Conference of the United have been hearings. They have had 32 talk about it. Other Senators who States; witnesses and about 575 pages of testi- strongly support it should have all the The National Center for State Courts mony and submissions. In other words, time they need. But a number of Sen- (State Chief Justices Association); there have been about 66 witnesses and ators who disagree with them ought to Cato Institute; Bruce Fein, former U.S. Deputy A.G. under nearly 1,400 pages of testimony. have time to speak, too. President Reagan; I commend the report of the Judici- If it means setting aside other legis- Second Amendment Foundation; ary Committee to anyone who would lative agenda, then let’s do so. We have Chief Justice William Rehnquist’; like a really good read on this entire a short legislative calendar filled with Chief Justice Robert Miller, South Dakota subject and the reasons why we need a recesses as it is. Do away with a couple Supreme Court; Federal constitutional amendment. of the recesses and devote a significant David Nelson, State’s Attorney and Beck The bill passed out of the Judiciary Hess, Victim Witness Assistant, Office of the portion of that time to this. It is not Committee 12–5. We took our time get- my first choice. I would prefer to go to Minnehaha County, South Dakota, State’s Attorney; ting it to the Senate floor to make sure legislative matters on the calendar. County of Carbon Montana County Attor- everybody had their say. The distin- But if we are going to bring up a con- ney; guished ranking minority member stitutional amendment, let’s do it Victim Services, the largest victim assist- needed additional time to file his com- right. ance agency in the country; ments to the report. That was granted. I hope once we turn to the measure, The Judicial Conference of the United He did so. the majority leader will recognize the States; We agree there should be adequate inappropriateness of filing a cloture The National Center for State Courts (State Chief Justices Association); time for the debate of this constitu- motion on this unexplored, proposed tional amendment, but we disagree constitutional amendment. When that Over 300 Law Professors; NOW Legal Defense Fund; that there should be a filibuster to use course was followed in 1995 in connec- National Association for the Advancement unnecessary time of the Senate. tion with the constitutional amend- of Colored People; Senator LEAHY talked about a lot of ment to impose term limits on Con- National Clearinghouse for the Defense of things. He talked about abortion, gun gress, it short circuited the debate and Battered Women; control, a balanced budget amendment prevented any serious consideration or Murder Victim’s Family Members for Rec- and Ronald Reagan, the juvenile crime amendment. onciliation; But then I suspect in that case it was Louisiana Foundation Against Sexual As- bill, nursing home fraud, and term lim- because a lot of the people who said sault (Louisiana); its. I would suggest that we ought to North Dakota Council on Abused Women’s stick to the subject. they were for term limits never wanted Services; to actually vote on term limits. We We all know one good way to defeat Arizona Coalition Against Domestic Vio- a good idea is to talk it to death and have had people in this body who have lence; been for term limits before I was born, Iowa Coalition Against Domestic Violence; threaten to delay other business of the people who have come back here 20 and North Dakota Council on Abused Women’s Senate. 30 and 40 years to the Congress saying: Services; I would suggest we stick to the exact We have to do something about term Hawaii State Coalition Against Domestic question before us, and that is whether Violence; there should be a constitutional limits. They are so determined they New Mexico Coalition Against Domestic will stay here if it takes them 100 amendment protecting victims of Violence; crime. years. If they have to serve for 100 Virginians Against Domestic Violence; years to get term limits, they will do West Virginia Coalition Against Domestic Senator FEINSTEIN and I have laid it. It is probably why we have never Violence; out the case for this. voted on term limits, because it is a lot Pennsylvania Coalition Against Domestic As I heard Senator LEAHY, there was easier to talk about it than to vote on Violence; only one fleeting reference to an argu- it. It is like a balanced budget; it is a Wisconsin Coalition Against Domestic Vio- ment in opposition. That was that the lence; lot easier to talk about it than to vote Senate had acted with alacrity in deal- Justice Policy Institute; ing with the problems that the victims on it. Center on Juvenile and Criminal Justice; But we have a serious matter here. It National Center on Institutions and Alter- of the Oklahoma City bombing case has never been considered by the Sen- natives; were suffering because the judge there ate, so we should talk about it. I think American Friends Service Committee; did not permit the victims to attend it could erect technical problems for Friends Committee on National Legisla- the trial. Basically, he gave them a important amendments such as pro- tion; choice, over a lunch hour one day, say- posals of statutory alternatives. But National Association of Criminal Defense ing: You can either attend the trial or Lawyers; be present at the time of sentencing both the supporters and the opponents American Civil Liberties Union; should know that we should have de- Federal Public Defender, Western District and speak to that issue, but you cannot bate on it. of Washington; do both. Take your pick. What a Hob- We have had a number of people, con- Beth Wilkinson, Prosecutor Oklahoma son’s choice. The prosecutor really servative commentators such as City bombing; could not help advise the victims.

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2828 CONGRESSIONAL RECORD — SENATE April 25, 2000 Some of them chose not to attend the utes. For all practical purposes, the treat- lem being that the rights of the ac- trial. Others chose to attend. ment of crime victims’ rights in federal cused will always trump the rights of Senator LEAHY is correct about one court in Utah, Colorado, Kansas, New Mex- the victim. He pointed out very well thing. The Congress did act quickly to ico, Oklahoma and Wyoming have been re- and very ably and very specifically the mitted to the unreviewable discretion of in- pass a law basically telling the Federal dividual federal district court judges. situation that took place with respect judge that they did have a right to at- to Oklahoma City. Professor Paul Cassell of the Univer- tend the trial and the right to attend Then we turned to the FBI to try to sity of Utah Law School concludes: the sentencing and to speak at that get the amount of coverage that could time and that he should not deny them The fate of the Oklahoma City victims be achieved in the statute for victims does not inspire confidence that all victims that right. rights will be fully enforced in the future. across this great land. We were told We passed that. The day after the . . . the Oklahoma City case provides a that really the best we could do would Senate passed it, the President signed compelling illustration of why a constitu- be to protect by statute the 1 to 2 per- it into law. We were so concerned that tional amendment is necessary to fully pro- cent of victims who were victimized by these victims of that horrible tragedy tect victims’ rights in this country. violent crimes. have their rights protected that we The sad truth is that Congress’s ef- I think it is important that we dis- passed a Federal statute—exactly what forts to protect the rights in a very cuss a little bit more why the Constitu- Senator LEAHY is suggesting as an al- specific case by Federal statute not tion will always trump a State law. I ternative to the Federal constitutional only didn’t protect their rights but ask the Senator to lay that out once amendment that Senator FEINSTEIN made matters worse. The statutory al- again. and I have presented. ternative Senators KENNEDY and LEAHY Mr. KYL. I thank the Senator. I am What has happened? What has hap- have proposed is not the answer. There pleased to do so. pened is that we are worse off than we has been no refutation of the point I I think she makes three very impor- were before we passed the statute. The tried to make in my original 10-minute tant points. One very important point judge did not apply the statute to pro- statement that authority after author- she made is that if you have a Federal tect the victims of crime. In effect, ity after authority—the Attorney Gen- statute, you are only dealing with 1 to what happened was that the defend- eral, the Governors, the attorneys gen- 2 percent of the victims of violent ant’s right to exclude them, based in eral—have all said that despite their crime—those 8 million victims each the U.S. Constitution, trumped the best efforts, the statutory and State year. Of course, that is the number of Federal statute which, of course, is constitutional remedies simply have Federal crimes. There aren’t very subservient to the Federal Constitu- not worked to provide protections to many serious Federal crimes that tion. If that was the basis on which the victims of violent crime. After 18 years would carry the penalties necessary to court ruled, it would have been a cor- of experimenting, of trying, of doing invoke this constitutional provision. A rect basis. If he really felt the defend- their best, it is obviously now nec- Federal statute would be very small ant’s rights required that the victims essary to move forward with the next and of no comfort to the millions of not be present in the courtroom, and step, which is to elevate these rights to victims of crime involved in State that those rights are in the U.S. Con- the same Constitution that protects court proceedings. stitution, then he would be correct the rights of the defendants. Nothing Secondly, there are occasions when, that that would trump a Federal stat- less is going to work. as in the Oklahoma City bombing case, ute—the one that the Congress passed. I submit the arguments that Senator a defendant’s rights are asserted based Clearly, the Oklahoma City bombing FEINSTEIN and I made have not been re- on an amendment to the Constitution. litigation leaves no doubt about the futed. If the only response is that we Sometimes, for example, the judge will difficulties that victims face with mere are going to have to take a long time say: Well, I am going to exclude wit- statutory protection of their rights. talking about extraneous matters, then nesses. I will exclude victims from the For a number of the victims, the rights my suggestion is that there is no real courtroom because the defendant afforded in the act Congress passed in argument by those who oppose this thinks it will create undue emotion, 1997 and the earlier victims’ rights bill amendment. There is no real substance that it will jeopardize his right to a were not protected. They did not ob- to the notion that we shouldn’t move fair trial if the jury sees the victim or serve the trial of the defendant in that forward. the family of the victim. That was the case, Timothy McVeigh, because of lin- I reiterate, I am pleased that Senator case in the Oklahoma City bombing gering doubts about the constitutional LEAHY will encourage all of his col- case and in scores of others Senator status of the statutes. leagues, as I certainly will encourage FEINSTEIN has brought to the attention The interesting thing is that because mine, on both sides of the aisle to sup- of the Senate. that case was later taken up on appeal, port the motion to proceed. We do need Of course, the defendant and his fam- the case of these victims, and the to proceed. When we proceed, we can ily are permitted to sit there all Tenth Circuit ruled in that case deny- have that debate. Senator FEINSTEIN dressed up and supportive of the de- ing the victims the rights notwith- and I will renew our offer to continue fendant at the time of sentencing and standing the Federal statute, you lit- to meet with the Department of Jus- to stand up and say what a fine fellow erally have a situation in which it tice to get more suggestions from he is. The judge takes that into consid- would have been better if Congress had them. We have, in fact, incorporated eration. We are simply saying the vic- not acted by statute because there is many of their suggestions into the cur- tims ought to be able to stand before now a precedent on the books. This was rent text of the amendment. But it is the judge and recount the horror, the the first time victims sought Federal time to move on. We can’t keep putting tragedy, the weakness, the loss they appellate review of their rights since it off. That is why we filed the cloture have suffered for the judge to take into the Victims Bill of Rights was passed motion. That is why we want to pro- account as well at the time of sen- in 1990, the underlying statute on ceed. tencing. If the defendant’s constitu- which the 1997 statute was based. I appreciate what Senator LEAHY tional rights are deemed always to be Quoting now from Professor Paul said, but I suggest that we need to superior because they are embodied in Cassell: move on with the debate on this the U.S. Constitution and the victim’s The undeniable, and unfortunate, result of amendment. Senator FEINSTEIN and I rights are always secondary, then the that litigation has been to establish—as the are prepared to do so. victim’s rights will be honored in the only reported federal appellate ruling—a The PRESIDING OFFICER. The Sen- breach rather than the observance, to precedent that will make effective enforce- ator from California. quote one of the people I quoted ear- ment of the federal victims rights statutes Mrs. FEINSTEIN. Mr. President, if I lier. quite difficult. It is now the law of the 10th may, I would like to have an oppor- That is why the third point is so im- circuit that victims lack ‘‘standing’’ to be heard on issues surrounding the Victims’ Bill tunity to ask the Senator from Arizona portant. Even when there isn’t a direct of Rights and, for good measure, that the De- a couple of questions. I thought he conflict—and there will rarely be a di- partment of Justice may not take an appeal pointed out very ably the problem of a rect conflict—the primary situation for the victims under either of those stat- statute filling the void, the first prob- will be presence in the courtroom at

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2000 CONGRESSIONAL RECORD — SENATE S2829 the time of trial. But in most situa- a situation arises where you have an participate in all those government proc- tions there won’t be the direct conflict emboldened or abusive victim, or one esses that strongly affect their lives. ‘‘Par- between the defendant’s right and the who is overly emotional, under our ticipation in all forms of government is the victim’s right. It simply is a matter of amendment, how would this work? essence of democracy,’’ President Clinton concluded in endorsing the amendment. inertia. What rights would the judge have in Perhaps Senator FEINSTEIN can find this situation? Now, what we come down to, essen- the quotation she read before. I think Mr. KYL. I thank the Senator for tially, is how do you express these it was Professor Tribe whom the Sen- that question because people not famil- things in a way that gives victims ator quoted, who talked about judicial iar with the process inside a courtroom these certain basic rights? I think we indifference, inertia. Well-meaning may wonder if this amendment would have tried to do that. We put it up on judges and prosecutors don’t mean to permit a victim to cause a big scene in a schedule here of crime victims’ deny victims the notice of the pro- court, thus disrupting the trial and rights. I wish to quickly go over this. ceedings and the right to be present, working to the disadvantage of the de- The rights of the accused are on the but it becomes a secondary matter. We fendant. Of course, as the Senator left. The rights we would afford victims give the Miranda warning to the de- knows, a judge has total control of the are on the right. In a sense, we achieve fendant. We make sure the defendant courtroom and has the ability to set a kind of balance. Now, the question has legal counsel that people hire on whatever rules are necessary to main- comes when and if these rights come his behalf, and we make absolutely cer- tain decorum and dignity within the into conflict. The fact is, I think we tain that none of the defendant’s rights courtroom and certainly to ensure the both believe it will be rare that these are intruded upon, because if they are, protection of the fair trial rights of the rights come into conflict. As was said, the case will be overturned on appeal. defendant. That is why a judge can al- with an emotional victim, there is in And that is as it should be. But because ways say—and we have seen it on TV the law already the opportunity for a of that attention to the constitutional hundreds of times—‘‘order in the judge to handle this situation. rights of the defendant, we forget the court,’’ in effect saying, if you can’t sit I have had a very hard time, because victim. It is in that sense that the vic- there quietly and unemotionally the Senator and I have had a number of tims’ rights are simply not being hon- watching what is occurring, then you critics on this; we have had a number ored, why 60 percent—even in the have to leave. Because in the court we of newspapers that have editorialized States with good provisions—of the cannot have undue displays of emotion. and said that what we are trying is victims do not even get notice. That is So the judge has within his total au- trivial, not important. But let me tell a horrible statistic. What if we said 60 thority the ability to control either you something. If you are a rape victim percent of the defendants didn’t get the defendant from his or her outbursts and you have reason to believe that in- their court-appointed lawyer, that it or any emotional outbursts of anybody dividual may come back after you, it is was too inconvenient or too costly? else in the courtroom, including vic- not unimportant that you have notice Sixty percent is a pretty good percent- tims. when that individual is released from age. Clearly, we would find that inad- Mrs. FEINSTEIN. I thank the Sen- prison or from jail. It is not unimpor- equate. Fundamental rights are funda- ator. The Senator and I worked exten- tant at all. I indicated earlier a case of mental rights and they need to be pro- sively with both Laurence Tribe, a pro- an individual who has had to change tected. fessor of constitutional law at Harvard her name and live in fear and anonym- So I think the Senator from Cali- University, and Paul Cassell, a pro- ity because of this. The Constitution fornia is correct that even though we fessor of law at the University of Utah should protect that victim, and that is don’t mean to deny these rights, either College of Law. Both are very skilled what we try to do. So I have had a very because of the attention paid to the de- and knowledgeable in this area. I hap- hard time seeing instances where there fendants or simply because of the fact pened to find an article that they is actual conflict. there are other things more important wrote together in a newspaper. I My question of the Senator is, Can to do than make sure victims have no- thought it might be interesting to hear the Senator expand on this more and tice of these proceedings, they are de- their view. I would like to read it to indicate where there is conflict? People nied their rights and the ability to par- you and ask for your response: have said, ‘‘You diminish the rights of the accused.’’ I don’t see us dimin- ticipate. We take it to be common ground that the A final point. There has been the con- Constitution should never be amended mere- ishing the rights of the accused. Their tention that somehow it is going to be- ly to achieve short-term, partisan, or purely rights are very specific. We don’t touch come very expensive if—as we do with policy objectives. Apart from a needed on these. There is the right to counsel, defendants—society has to pay for change in governmental structure, an the right to due process, the right to a their rights. We do that for defendants; amendment is appropriate only when the speedy trial. We want that, as well, be- we pay for their attorneys, for their goal involves a basic human right that by cause we know that the speed of the transcripts, and everything they need consensus deserves permanent respect, is not trial is an important deterrent to vio- and cannot adequately be protected through lence. We know that if a trial is not for their appeals. What we did here was State or Federal legislation— not guarantee that victims have the speedy, evidence grows cold, witnesses I think we have shown why that can’t right to attend the trial. For example, disappear. It is much more difficult to happen— as are most of the provisions of the make a case if there is a long hiatus Constitution, we have said that the would not distort basic principles of the sep- between arrest and trial. In fact, Fed- Government may not deny them the aration of powers among the Federal eral law recognizes that by moving branches or the division of powers between right to participate. They have to get the national and state governments or the trials along in an expeditious way. there. They have to get there on their balance of powers between government and Double jeopardy. We certainly don’t own. It is just that the Government private citizens with respect to their basic interfere with that. We certainly don’t can’t deny them the right to sit on the rights. interfere with the prohibition against bench in the courtroom if they show The proposed Victims Rights Amendment self-incrimination or against unreason- up. meets these demanding criteria. It would able search and seizure, probable cause, Mrs. FEINSTEIN. Let me stop the protect basic rights of crime victims, includ- a jury of peers, the right to be in- Senator on that point because I think ing their rights to be notified of and present formed, the right to confront wit- at all proceedings in their case and to be he has very well expressed what we are heard at appropriate stages in the process. nesses, to subpoena witnesses, a prohi- trying to do. We have discussed this be- These are rights not to be victimized again bition against excessive bail, the right fore. I think the whole body should through the process by which government of- to a grand jury. There are a few other hear this. We know that those who are ficials prosecute, punish and release accused rights written into the Constitution. accused have basic rights. We know or convicted offenders. But our rights are so basic for a victim, that the prosecution usually wants to Then it goes on to say: such as the right to have notice when a try to get the victim in the courtroom. These are the very kinds of rights with trial takes place, the right to be The defense attorney wants to keep the which our Constitution is typically and par- present in the courtroom, the right to victim out of the courtroom. Supposing ticularly concerned—rights of individuals to make a statement at an appropriate

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2830 CONGRESSIONAL RECORD — SENATE April 25, 2000 place in the trial, the right to have no- provided for victims merely that the If the Senator recalls, in our earlier tice if your assailant is released. These judge must ‘‘consider’’ their desire to discussions with the Justice Depart- are certain basic, core rights that in no bring the trial to a speedy conclusion. ment, we were very concerned that the way, shape, or form, it seems to me, In this case, we have created a right rights of the accused not be violated, interfere with the constitutional rights of victims which, indeed, is subservient not be diminished, and we quite con- granted to a defendant or to an accused to the right of the defendants. Theirs is sciously left out any specific remedy in to protect them from excessive govern- absolute. The victims have a right to this situation so that if someone ment under the Constitution of the have their views considered. We have doesn’t exercise their right either to be United States. been very careful to ensure we don’t present or to make a statement, in ef- So I have been very perplexed as to trample on defendants’ rights. fect, they have no remedy, or after why we see bubbling out there this ar- I make one more point because the they make their statement, if the facts gument that we are setting up some Senator reminded me of something in the trial are such and the jury collision of rights. We are simply try- that is very important. In the state- comes in with a decision, they have no ing to provide a victim with certain ment by Professor Mosteller, he makes right of a remedy. basic rights that are spelled out and a relative point that relates to this. So the basic core rights we provide are specific. ‘‘In theory, victims’ rights could be are, in a sense, certain procedural Would the Senator care to elaborate safeguarded without a constitutional rights that give them a place in the on that? amendment. It would only be necessary process. Mr. KYL. I agree it is perplexing how for actors within the criminal justice Let me read what these two law pro- one could conclude a defendant’s rights system—judges, prosecutors, defense fessors have said on this point: would be trampled on in any way by attorneys, and others—to suddenly The framers of the Constitution undoubt- our proposal. It does not do that. begin fully respecting victims’ rights. edly assumed the rights of victims would re- The article in the Los Angeles Times, The real world question, however, is ceive decent protection, but experience has quoting Professors Tribe and Cassell, how to actually trigger such a shift in not vindicated this assumption. It is now necessary to add a corrective amendment. makes the point that ‘‘a victims’ rights the Zeitgeist. For nearly two decades, victims have obtained a variety of Doing so would neither extend the Constitu- amendment must, of course, be drafted tion to an issue of mere policy, nor provide so the rights of victims will not furnish measures to protect their rights. Yet, the prevailing view from those who special benefits to a particular interest excuses for roughshod treatment of the group, nor use the heavy artillery of con- work in the field is that these efforts accused. The Senate Resolution is such stitutional amendment where a simpler solu- a carefully crafted measure, adding have ‘all too often been ineffective.’ tion is available, nor would it put the Con- victims’ rights that can exist side by Rules to assist victims ‘frequently fail stitution to a purely symbolic use or enlist side with defendants’.’’ to provide meaningful protection when- it for some narrow partisan purpose. Rather, Precisely the point. There is only one ever they come into conflict with’’’— the proposed amendment would help bridge a and here I break the quotation—not distinct and significant gap in our legal sys- conceivable circumstance I know of in tem’s existing arrangements for the protec- which there could actually be an asser- the defendant’s rights. They are not conflicting with defendant’s rights. tion of basic human rights against an impor- tion of two constitutional rights, one tant category of government abuse. That is not why they are denied, but by the defendant and one by the vic- This, I think, goes right to the ques- tim, which could theoretically come in rather ‘‘whenever they come into con- flict with bureaucratic habit, tradi- tion of remedy. We don’t provide for a conflict, and that is the right to be remedy, we simply say you have these present at the trial. Courts deal with tional indifference, or sheer inertia.’’ That is what is preventing these basic rights to participate in this man- that today. They would balance the in- rights from being fully affected—not ner. terests tomorrow. We have the same that they conflict with the defendant’s Mr. KYL. If I could put an excla- thing existing with respect to the rights. mation point on that. press. We have the right of free press. Here is the conclusion: The view that The point Senator FEINSTEIN makes Say victims want to attend the trial. State victims provisions have been and is this: During the pendency of the pro- Sometimes, as we know, judges don’t will continue to often be disregarded is ceedings, the victim has the right to permit that, but it is in the Constitu- widely shared, as some of the strongest assert these rights. For example, if you tion. That is right. But the defendant opponents of the amendment seem to have a week-long trial and the victim has a right to a fair trial as well. concede the point. For example, Ellen finds out about the trial after the sec- The courts will balance those two in- Greenlee, president of the National ond day, the victim can’t go back and terests and generally come to an ac- Legal Aid and Defenders Association, say you have to start the trial all over commodation that enforces both bluntly and revealingly told Congress again. All the victim can do is say, rights. that the State victims amendments, hey, I have a right to be there for the Mrs. FEINSTEIN. Would the Senator ‘‘so far have been treated as mere rest of the trial. finish reading that? I think the next statements of principle that victims That is unlike the defendant’s rights. points are very important to our cause. ought to be included and consulted Here is the exact language we included: They should be heard. more by prosecutors and courts. A ‘‘Nothing in this article shall provide Mr. KYL. I think the two distin- State constitution is far . . . easier to grounds to stay or continue any trial, guished law professors make a very im- ignore than the Federal one.’’ reopen any proceeding, or invalidate portant point. They point out the ex- That is the bottom line point. any ruling’’—and there are only two ample of paralleling a defendant’s con- State constitutions, even Federal exceptions—‘‘except with respect to stitutionally protected right to a statutes, as we found in the Oklahoma conditional release or restitution or to speedy trial. Our amendment confers City bombing case, are far easier to ig- provide rights guaranteed by this arti- on victims the right to consideration of nore than the U.S. Constitution. That cle in future proceedings without stay- their interest in a trial, free from un- is something no judge and no pros- ing or continuing a trial. Nothing in reasonable delay. ecutor can ignore. That is why we want this article shall give rise to or author- By definition, the professors note, to elevate these rights—not because ize the creation of a claim for damages these rights could not collide since they conflict with the defendant’s . . .’’ they are both designed to bring mat- rights, not because they take anything There are only two exceptions. One is ters to a close within a reasonable away from any accused in the court- prospective, so long as it does not con- time. If any conflict were to emerge, room, but rather because these ele- tinue or delay the proceedings. In other courts retain ultimate responsibility mental rights of fairness are not cur- words, you have the right to say: for harmonizing the rights at stake. rently being enforced by the judges and Judge, this trial is starting, and I have We have also gone one other step. prosecutors because they just don’t a right to be there. And the other one That is, whereas the defendant had an have the stature of the U.S. Constitu- is with respect to a conditional release. absolute right to a speedy trial—and tion. I close with this point: You need the frequently, also, courts determine he Mrs. FEINSTEIN. I thank the Sen- right to enforce it with respect to a has a right to delay things—we have ator. conditional release.

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2000 CONGRESSIONAL RECORD — SENATE S2831 Here is a true story. Here is how it I do not quarrel with that. I do not make the changes, both with respect to would work. Patricia Pollard of Flag- want us to put innocent people behind Federal law and also mandating staff, AZ, was picked up one night by a bars. It is difficult to convict in this changes with respect to State law and man and his wife, ironically, and the country, and our Constitution estab- State constitutional changes that ac- man brutally raped her, sliced her up lishes certain rights. We try, as a coun- complish the same result. with an open beer can, and left her to try, to make certain we only put those I have in my hand three pages of con- die. She lived. He was eventually pros- guilty of crimes, behind bars. stitutional amendments that have been ecuted. After the Arizona legislature It is also true—and I say this to the introduced in this session of Congress. passed the provision which enabled vic- Senator from California and the Sen- We have had several of them, frankly, tims to be notified, the parole board ator from Arizona—it has been a longer on the floor of the Senate. These are held a hearing on his conditional re- process and a more difficult track, to very important issues. Amending or lease. They decided to conditionally re- make certain that victims and victims’ changing the Constitution of this coun- lease her assailant from the Arizona families have their rights protected in try ought to be done rarely and then State Penitentiary, but they did not our court system. I have offered legis- only in circumstances where it is the give her notice. lation on this issue previously. In fact, only opportunity to achieve the change The Governor’s office found out I authored language included in the we want as a society. These are three about this, located Patricia Pollard in 1994 crime bill, which is now law, that pages of constitutional amendments California, brought her back, and ar- gives crime victims the right to testify that are proposed by my colleagues ranged for another meeting of the pa- at federal sentencing hearings. My pro- now. role board after they had already made vision gives crime victims and their We have had over 11,000 proposals to their decision. They agreed to hear her. families the right in Federal court to change the Constitution since it was She spoke about what he had done to present testimony about ‘‘What this written; 11,000 proposals. One of them, her and what she feared he would do to crime meant to me or to my family’’ for example, said let’s have a constitu- others. The parole board reversed its and ensures that judges and parole tional amendment that provides the decision. boards formally consider the impact of Presidency of our country should be ro- I asked Patricia Pollard whether she a crime on its victims when making tated. One term it shall be held by did that because she feared for her life, sentencing and parole decisions. someone who is a southerner, from the that he would come after her again. I sat in a court at the manslaughter southern States, and the next term fol- She said: Well, he might have tried to trial of the man on trial for the death lowed by someone who comes from a track me down. But in truth, his crime of my mother. I am very sensitive to northern State. That was a proposed against me was a random kind of this issue. I understand—being a family constitutional amendment. I could de- crime. I was available for him to vic- member, sitting in a court, watching scribe more, of course. 11,000 times, the timize. I simply could not have lived the trial of the man who was respon- Members of Congress have felt the need with myself if I had not gone there and sible for the death of my mother—I un- to change the U.S. Constitution—this told these people what he could do to derstand the concern a family member document which begins: someone else because I know that had has about the rights of the victim and We the People of the United States, in he gotten out, he would have done it to the rights of the victim’s family to be Order to form a more perfect Union.... somebody else. present in that court. I understand the We all understand the words. It was That is why we provide this limited desire to present testimony during the written by 55 white men just over two exception, the only situation, really, sentencing phase, to have an under- centuries ago in a room called the As- where something can be done retro- standing about when someone is let out sembly Room in Constitution Hall. My actively—where a person was not given of prison. I understand all that, and I colleagues have heard me talk about it notice to attend the parole or condi- am very sensitive to it because I have before, but I will say it again. In that tional release proceedings and the indi- been through it personally, as a result room, George Washington’s chair is vidual has not yet been released, you of the tragic death of my mother. still sitting at the front of the room can go back in and tell your story and I come to the floor of the Senate where he presided over the Constitu- just maybe it will make a difference. today saying I strongly support vic- tional Convention. Go there today in That is what this amendment is all tims’ rights. We are moving in this Philadelphia and look at his chair. Ben about, protecting the rights not only of country in a variety of ways to achieve Franklin sat over there; there James the victims of crime but of the rest of those rights. Thirty-three States have Madison. Thomas Jefferson was in Eu- society as well. now amended their state constitutions rope at the time so he didn’t partici- Mrs. FEINSTEIN. I thank my col- to specifically describe the rights of pate except through his writings, league, yield the floor, and reserve the victims and their families. Some say which then became, as we know it, the remainder of our time. that approach does not work very well Bill of Rights. The PRESIDING OFFICER. The and is not universal; that sometimes it But since those 55 men wrote the Chair recognizes the Senator from does not achieve our goal. I understand Constitution of the United States over North Dakota. that argument. I understand the argu- two centuries ago, we have had so Mr. DORGAN. Mr. President, I have ment that the perpetrator of a heinous many proposals for change. I have men- listened to the presentations on the and violent crime is brought into the tioned to my colleagues on the 200th floor. Let me say the passion with court, now some months later after the birthday of the writing of the Constitu- which the Senator from California, crime was committed, and his or her tion, I was one of the 55 people who Mrs. FEINSTEIN, and the Senator from hair is combed, they are in a new suit, were authorized to go in for a cere- Arizona bring this issue to the floor is they look as if they just finished sing- mony, into this Assembly Room. This a passion I understand. I certainly re- ing in a church choir, and all their ac- time, it was 55 men, women, minori- spect their views. quaintances testify to what a remark- ties. I got chills sitting in this room I have studied this issue at some able person this is. It happens all the because I had studied in a very small length. I must say the Senator from time in trials. school the history about Ben Franklin, California visited with me, I guess, half This animal who committed the vio- Madison, Mason, George Washington— a dozen times about this issue over the lent murder on a Saturday night, in the father of our country—and now I past year or so. But I have reached a court 1 month or 2 or 6, or a year later, was sitting in the Assembly Room in different conclusion. It is a difficult looks completely different and has a Constitution Hall in Philadelphia trail to get to this point, but my view whole set of rights. I understand all where they wrote the Constitution of is the issue is not whether victims in that. the United States. this country have rights in court pro- My concern is about the Constitution Since that experience, I have had dif- ceedings, but how we achieve those of the United States, and whether we ficulty coming to the conclusion that rights. should address this by changing the we can improve upon the basic frame- It is true that criminals are accorded U.S. Constitution, or whether we work of the Constitution of the United a whole series of rights in this country. should address it by continuing to States. Other countries try to replicate

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2832 CONGRESSIONAL RECORD — SENATE April 25, 2000 this Constitution; we try to amend it. On June 26, 1996, Judge Matsch held zona and the Senator from California. I Some of my colleagues apparently that potential witnesses at any penalty have those same passions, and I want think it is a rough draft available for hearing were excluded from pretrial victims to have the same rights. I be- amendment at the whim of someone’s proceedings and the trial itself to avoid lieve, however, that amending the Con- interest in the House or the Senate. It any influence from that experience on stitution should always be a last re- is much more important than that, and their testimony. sort, not a first resort. I do not believe, we ought to amend the Constitution, in That is what I described earlier, and despite all that has been said, that it my judgment, rarely, and then when it I felt the same revulsion about that serves this document very well to bring is the only solution. judge’s decision as I think my col- a piece of legislation to the floor of the As I mentioned, 33 States have leagues did, and the result was that we Senate on a Tuesday and have a clo- amended their Constitution to provide passed the Victim Rights Clarification ture vote on the motion to proceed. for victims’ rights. We can provide for Act almost immediately. The Presi- Presumably, we will have a cloture the Federal portion, and the Senators dent signed it into law on March 19, vote on the bill itself and probably from Arizona and California are abso- 1997. One week later, Judge Matsch re- have 8 hours, maybe 10 hours, maybe 14 lutely right, that is a very small por- versed his exclusionary order and per- hours, which would be a lengthy period tion of crime in the criminal justice mitted observation at the trial pro- of time for discussion in this Senate, system. We can also mandate—and I ceedings by potential penalty-phase and an attempt, I am sure, to stifle am perfectly prepared to do that—that impact witnesses. In other words, the amendments, and then we would say: the States must do the same in ex- judge changed his mind immediately All right, now the Senate has consid- change for a certain number of incen- after the President signed the legisla- ered changing the U.S. Constitution. tives which we in the Congress provide. tion. I do not think that is what Wash- I am perfectly prepared to do that. Beth Wilkinson, a member of the ington, Franklin, Madison, Mason, or I do want to clear up a couple of mis- Government team that successfully others would have wanted us to do in conceptions that have been part of the prosecuted, said: consideration of changing this sacred discussion with respect to the victims’ What happened in [the McVeigh] case was document. rights amendment. The proposal to once you all had passed the statute, the My hope is we will have an inter- change the Constitution, in some meas- judge said that the victims could sit in, but esting and significant discussion about ure, rests on the discussion about, they may have to undergo a voir dire process this and we will, from this debate, not among other things, the folks who were to determine whether rule 402. . .would have only turn back the constitutional convicted in the Oklahoma City bomb- been impacted and could be more prejudicial. amendment but probably stimulate a ing case. This is what the prosecutor said. It is great deal more activity on the part of I want to describe what happened in important to say this: the States. As I said before, I am will- that case because like many others, I I am proud to report to you that every sin- ing to either offer an amendment or saw the initial ruling and comments of gle one of those witnesses who decided to sit join others in offering an amendment the judge in the Federal court in Den- through the trial survived the voir dire, and that will require the States to make ver, and was appalled. He essentially not only survived, but I think changed the these changes. That would accomplish said that those who were victims or judge’s opinion on the idea that any victim exactly the same thing without amend- family members of victims who wanted impact testimony would be changed by sit- ing the U.S. Constitution. We can, in to witness the trial would not nec- ting through the trial. [T]he witnesses un- any event, make certain all this ap- essarily then be granted the oppor- derwent the voir dire and testified during the penalty phase for Mr. McVeigh. plies with respect to the Federal stat- tunity to testify during the sentencing It worked in that case, but it worked even ute and Federal crimes. phase of the trial. I was concerned better in the next case. Just 3 months later My hope is, at the end of it, we will about that. I felt that was an abroga- when we tried the case against Terry Nich- not only have denied the impulse to tion of victims’ rights. ols, every single victim who wanted to watch change the Constitution, but we will What happened as a result of that is the trial either in Denver or through closed- have created new energy and new in- Congress passed a piece of legislation circuit television proceedings that were pro- centives to make certain that victims’ called the Victim Rights Clarification vided also by statute by this Congress, were rights gain ground in State after State Act of 1997. We did that almost imme- permitted to sit and watch the trial and tes- across this country. I will be happy to diately. It reversed a presumption tify against Mr. Nichols in the penalty phase—all without having to undergo a voir join others in the coming days, weeks, against crime victims observing any dire process. and months in an effort to accomplish part of the trial proceedings if they that, because I have strong feelings The point is, when the judge in the were likely to testify during the sen- about this issue. Mr. President, I yield Oklahoma City bombing trial, which tencing hearing. the floor. This piece of legislation that was was conducted in Denver, made his ini- The PRESIDING OFFICER. The passed almost immediately after the tial ruling, there was a great amount Chair recognizes the Senator from judge’s ruling prohibited courts from of press about it, and all of us, includ- Iowa. ing myself, was aghast at this ruling. excluding victims from the trial on the f grounds they might be called to pro- Congress passed a piece of legislation vide a victim’s impact statement at almost immediately, the President ABORTION sentencing. The result of the legisla- signed it, and the judge reversed his Mr. HARKIN. Mr. President, I wish to tion was that the victims in the Okla- ruling, and every single one of the vic- depart from the debate on the issue be- homa City bombing trial were allowed tims or victims’ families who wished to fore us, which is an important issue. I to observe both the trial of Timothy testify during the penalty phase was appreciate the remarks made by my McVeigh and Terry Nichols and to pro- allowed to testify. That is critically colleague from North Dakota. I lis- vide impact statements through testi- important to be on the record. tened intently to what he had to say, mony. The urge to amend the Constitution and I can understand his deep feelings In this circumstance, the legislation ought to be an urge based on all of the about this issue. we passed in Congress worked exactly information available, and there is I want to talk about another issue as Congress intended it to work. The plenty of information available, it because today, across the street from testimony by a former prosecutor at seems to me, based on this case and where we sit in the Halls of the Senate, the Oklahoma City bombing trial, Ms. also based on the fact that 33 States the U.S. Supreme Court is hearing ar- Wilkinson, is something I want to re- have now changed their constitution guments on a case involving the so- count because it is important to under- and more will do so. In fact, all could called partial-birth abortion law of the stand what happened, inasmuch as this do so if we decided to provide a man- State of Nebraska. That law, passed by example has been used. date that would require them to do so. the Nebraska Legislature, is quite It is important to look at how the We are making significant progress in similar to the version the Senate and Victim Rights Clarification Act was this area. the House have debated over the years. actually applied in the Oklahoma City I understand, as I said when I started, In fact, it is very similar to the one case. the passions of the Senator from Ari- passed by the Senate last October.

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2000 CONGRESSIONAL RECORD — SENATE S2833 However, the real issue in the case Frankly, I was shocked at how close know where their representatives stand before the Supreme Court and in the the vote on our amendment was. In on the basic issue of choice, the basic legislation before Congress is not about fact, in offering the amendment, I issue of Roe v. Wade. Because Roe v. banning late term abortions. The real thought: Here is a chance for an over- Wade is the moderate, mainstream pol- issue is about a systematic effort to whelming vote of support by the Sen- icy on which American women have overturn Roe V. Wade and to crim- ate in confirming the Supreme Court come to rely. The Roe v. Wade vote in inalize all abortions. The real issue is decision on Roe v. Wade. the Senate should send a wakeup call about whether we trust women, in con- But after that close vote, I then real- to all Americans that this policy is in sultation with their faith and their ized that the vote really lifted the veil jeopardy. They need to act to maintain family, to make this very difficult, per- of moderation of antichoice Senators. it. sonal decision or do we put that trust For so many who were saying, that In this most personal of decisions, we in politicians? That is what this is they support Roe v. Wade and a wom- need to trust women, not politicians, really all about. an’s right to choose, they just want to to make the choice. That is what this Last October 21, during debate on the ban partial birth abortion, here was is all about. Whether it is the case in so-called partial-birth abortion bill in the chance to express that. With 47 front of the Supreme Court or whether the Senate, I, along with Senator votes against Roe v. Wade, the veil has it is the vote in the Senate, the issue is BOXER, offered a resolution to this so- been lifted. Now we know what is the simply this: Do you trust politicians, called partial-birth abortion bill. Our real agenda. The agenda is to crim- whether they are in a State govern- resolution was very simple. It stated inalize choice, criminalize freedom of ment or in the Federal Government, to that it was the sense of the Senate that choice for women. make this decision for women or do Roe v. Wade was an appropriate deci- While the Nation’s attention is re- you trust women? sion and should not be repealed. focused on the issue of choice with to- People of strong faith and good con- Let me read for the record the entire day’s Supreme Court case, I also want science have very different views on text of that resolution because it was to shed some light on what has been the issue of abortion. I respect both very simple and very straightforward. going on behind the scenes in Congress sides on this often divisive issue. I have (a) Findings: Congress finds that— since the Senate very closely approved struggled with it personally myself. (1) reproductive rights are central to the our amendment. Whether or not we agree, we should ability of women to exercise their full rights What would normally happen is that all work together to find common- under Federal and State law; after the Senate passed the bill with (2) abortion has been a legal and constitu- sense, common ground steps to reduce tionally protected medical procedure our amendment, the House would act the number of abortions and to protect throughout the United States since the Su- on the Senate-passed bill and request a the health and well-being of women preme Court decision in Roe v. Wade (410 conference with the Senate to work out and children. That means fully funding U.S. 113 (1973)); the differences between the two bodies. maternal and child health programs, (3) the 1973 Supreme Court decision in Roe Instead, the House of Representatives fully funding the Women, Infants, and v. Wade established constitutionally based avoided a vote on our amendment. Children’s feeding programs, fully limits on the power of States to restrict the They took up a clean bill and sent it right of a woman to choose to terminate a funding contraceptive coverage, family pregnancy; and over here in order to avoid a con- planning services, and better adoption (4) women should not be forced into illegal ference. So it is clear that the Repub- options, just to name a few of the poli- and dangerous abortions as they often were lican leadership in the House does not cies we ought to be about. prior to the Roe v. Wade decision. want to have to take a vote on this But the bottom line is this: Roe v. (b) Sense of Congress: It is the sense of issue. In fact, the House has never had Wade was an enlightened decision. It is Congress that— (1) Roe v. Wade was an appropriate deci- a vote on the issue of support for Roe moderate. It puts the basic decisions sion and secures an important constitutional v. Wade. on reproductive health where it be- right; and Why else would the House majority longs, with the woman and not with (2) such decision should not be overturned. take the unusual step of punting the the Government. That is the full text of the resolution bill back to the Senate for a unani- Today, as the Supreme Court, across that I and Senator BOXER offered last mous consent instead of taking it to the street, listens to the arguments on October 21. conference? It is clear the Republican the Nebraska partial-birth abortion By invalidating the laws that forced leadership in the House did not want to law, let us resolve that we are going to many women to seek unsafe, and often have a vote, which would be allowed maintain a woman’s basic right to deadly back-alley abortions, Roe was under the House rules to instruct the choose, that we will not let the politi- directly responsible for saving women’s House conferees to support my amend- cians take it over, that we will not re- lives. It is estimated that as many as ment in conference, thus putting the turn to the dark days of back-alley 5,000 women a year died from illegal House on record, once and for all, as to abortions and the criminalization of a abortions before Roe. whether or not they support Roe v. woman’s own right to choose her repro- Roe v. Wade is the moderate, main- Wade. ductive health. That is what this issue stream policy on which American Again, the Republican leadership in is about. women have come to rely. It recognized the House wants to continue to hide The women of this country are the right of women to make their own their true agenda. They want to hide counting on us to make sure we uphold decisions about their own reproductive behind a false cloak of moderation on the decision in Roe v. Wade. We cannot health. And very importantly, it pro- the issue of choice. afford to let them down. vides specific protections for the life Senator BOXER and I have objected to I yield the floor and suggest the ab- and the health of women. this latest maneuver. Let me be clear. sence of a quorum. So the vote on the Harkin-Boxer Every time the so-called partial-birth The PRESIDING OFFICER. The amendment last October to finally put abortion bill, or any other antichoice clerk will call the roll. the Senate on record about its support legislation, comes to the Senate floor, The bill clerk proceeded to call the for the mainstream Roe decision was I will offer my amendment, and there roll. very important. It was the first vote will be another vote on the Roe v. Mrs. BOXER. Mr. President, I ask directly ever held here on whether the Wade resolution. People in the leader- unanimous consent that the order for Senate wants to go back to the days of ship know that. That is why they have the quorum call be rescinded. back-alley abortions. not bothered to bring up any of their The PRESIDING OFFICER. Without Our amendment barely passed, 51–47. antichoice legislation since the last objection, it is so ordered. Fifty-one said yes, Roe v. Wade was a vote on October 21. They know I will Mrs. BOXER. Mr. President, I came good decision, it should not be over- offer my amendment every single time to the floor of the Senate because I turned. Forty-seven Senators voted to lift their veil of moderation. noted that my friend, Senator HARKIN against that resolution, basically say- So today I am challenging the House from Iowa, was talking about a very ing they did not agree with Roe v. Republican leadership to allow a vote important subject, a woman’s right to Wade and that it should be overturned. on our amendment. Let’s let people choose. This right has been protected.

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2834 CONGRESSIONAL RECORD — SENATE April 25, 2000 After the case Roe v. Wade in 1973, a That was why I wanted to talk about So I want to say to my friend that I woman has had that right. it today. I don’t want to interfere in appreciate his leadership. I enjoy work- Today we are looking at a different the Supreme Court decision. That is for ing with him on this because we feel so type of constitutional amendment. them to decide over there. What I deeply about it. Before he leaves, I will Senator HARKIN made the point that, wanted to point out was that in con- make one more comment. I trust my in fact, we have a case being heard at junction with that, here in the Halls of friend mentioned this, but I am not the Supreme Court which is going to Congress there is a very dangerous sure because I was on my way over essentially look at a woman’s right to game being played out where pro- here. The House of Representatives de- choose. I think it is appropriate that ponents of so-called partial-birth abor- nied the House the opportunity to vote he would come over to make a few tion really have want to overturn the on the Harkin-Boxer amendment. The points, and I would like to engage him basic right to choose for women. That House of Representatives in this year in a colloquy, if he would be willing to is why the two of us joined together has used a gag rule, if you will, to deny do that. last fall to offer that amendment. the Members of the House a chance to First, I ask him to reiterate for me I say this because the Senator and I stand up for or against Roe v. Wade. I the basic point he made. We see in the worked together on this amendment. wonder what they are so afraid of. Are Senate tens of votes we have to face on We offered the amendment in good they afraid that some of their Members the issue of a woman’s right to choose faith, thinking we were going to get an are so to the right on this issue and so and the different aspects of it, whether overwhelming vote of the Senate say- against public opinion, it would hurt a person who lives in the District of ing, yes, we support Roe v. Wade. I them in their reelection? Columbia can use her insurance paid by think both of us were shocked at how Now is the time to be heard, when the city to obtain a legal abortion, close we came. Roe is hanging by a thread, and we whether a Federal employee has that Mrs. BOXER. I was stunned that Roe need to have a vote over there. I hope right, whether a woman in the military v. Wade is hanging by a thread in the my friend will continue to press this has the right to use a clean medical fa- Senate: 51–49; is that correct? It was point, as we say together that it is cility to exercise her rights, whether a very close. wrong to deny the House a chance to Mr. HARKIN. Mr. President, 51–47; woman in the late stage of a pregnancy vote up or down on Roe. there were a couple of people who were that has turned desperately wrong has I ask my friend for his closing com- not here. the right to have her health protected. ment on that. Mrs. BOXER. There were a couple of We stand here on so many occasions Mr. HARKIN. Again, I appreciate the Members who were not here. To think casting these votes, having this debate Senator’s very lucid and clear delinea- that a basic right won by women when ostensibly about a narrower issue sur- tion of exactly what is going on here. we were very young, in 1973, all those rounding a woman’s right to choose. It was a gag rule in the House. That is years ago, would be hanging by a I wonder if my friend believes that is what they did. Under their rules, the thread in the year 2000 is really amaz- the real goal of the people who contin- ing. I really do pray that the Supreme Republican leadership would not allow ually bring up this matter or whether Court, as they independently decide a vote on our amendment. Again, I it is, in fact, something quite deep, these issues in this particular case of think it is because they don’t want which is trying to erode a woman’s the Nebraska statute will recognize their veil of moderation lifted. They right to choose, that basic right that that what the Senator from Iowa says want to say this is only about partial was given to her after the Roe v. Wade is absolutely true. It is so important. birth. It is not, and we know it. It is decision in 1973. We have a big debate over some about Roe v. Wade. Yet they don’t Mr. HARKIN. I thank the Senator made-up terminology that doesn’t even want to have their people out there from California for her long and strong exist in medical books. There is no voting on it. support for the decision in Roe v. such thing as partial-birth abortion. I think the American people have a Wade. The Senator from California has There is either a birth or an abortion. right to know where we stand on this been one of the most persistent and en- That is it. The description of the meth- most fundamental right of women in lightened voices in the Senate—indeed, od used is really a method that is used this country. in the country—on protecting a wom- in the early stages of a pregnancy as Again, I thank my friend from Cali- an’s basic right to choose. I follow in well. So if, in fact, that Nebraska case fornia for her long and strong leader- her footsteps in many of these issues. is upheld, women will be denied what is ship on this issue. It is vitally impor- The Senator from California has real- considered by many doctors to be the tant to all of us in this country that ly put her finger on it, the point I was safest method. That undermines Roe the basic, fundamental, constitutional trying to make today. This partial- because Roe was a very moderate deci- rights that were enumerated in Roe v. birth abortion law that the Supreme sion. It basically said that before that Wade for the women of this country re- Court is reviewing today, as well as the fetus is viable, the woman has an un- main, and remain strong, and not be legislation before Congress—is just a fettered right to choose. But at any undermined in this body. So I thank smokescreen. Its a smokescreen which stage in the pregnancy, one thing has the Senator for her strong leadership anti-choice Members and groups are to come first: the woman’s life and the in this effort. hiding behind in order to get their woman’s health. Mrs. BOXER. I thank my friend. I see eventual goal, which is the total repeal I say to my friend, when we get into the Senator from Arizona on the floor, and overturn of Roe v. Wade, to take a pattern of outlawing specific proce- so I will wrap up. away the essential and basic funda- dures and playing doctor—by the way, I think it is interesting and impor- mental rights about which the Senator we do have one doctor in this Senate, tant, as we look at new amendments to just spoke. but he is not an OB/GYN—when we the Constitution, that we think about Without Roe v. Wade and without start to play doctor in the Senate, we the rights we already take for granted. that constitutionally protected right of are going to endanger women’s health. The women in this country have count- women to have control over their own If we start outlawing procedures we ed on the Constitution to protect their reproductive health, many of the don’t like—by the way, there is no right to choose. I only hope they will things about which the Senator just medical procedure—something that is continue to have that right. It is, in spoke would be gone. There wouldn’t be gruesome or you don’t get upset by—if fact, hanging by a thread here in the any right for women in the military, we start doing that, we will overturn Senate with only 51 votes supporting there wouldn’t be any right for women Roe right here because we will be say- that basic decision. in the District of Columbia or any- ing a woman’s health really is subordi- So I say it is a day to look at our where else, to have the kind of health nate, doesn’t matter, and what does it rights, as we are looking at victims’ coverage that would protect them in matter if a woman can’t have a par- rights, or their lack of rights, and what dire need when they need help, when ticular procedural and as a result she is ways we want to make sure victims perhaps a pregnancy has gone terribly paralyzed or can never bear another have rights, and that we also consider wrong and they need immediate and child? It would be a disaster, and it if a woman is denied a fundamental very intensive medical help. would be overturning this basic right. right to have control over her own

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2000 CONGRESSIONAL RECORD — SENATE S2835 body, if she is denied that, she will be organizations around television sets proceed. If 60 colleagues agree, we will a victim—a victim of this Government watching these proceedings, having fi- be able to go forward and debate the thinking that, in fact, it knows better nally gotten what they hope to be their motion to proceed, which I assume will than she or the people who love her, ‘‘day in court’’—an argument about the be adopted later today. Then we can and that the Government would think crime victims’ rights amendment and a proceed with debate on the constitu- it would know better than her family, vote on that. tional amendment itself. We look for- her God, and her conscience to make What is beginning to emerge is a very ward to that. If people want to bring such a basic decision. disturbing tactic by those who oppose forward relevant amendments to that, So it is a good day to talk about Roe us, and that is either to try to delay so be it. That is what the process is v. Wade. As we look at new rights we this to the point that the majority about. But I fear what will happen if, are giving people, let’s also make sure leader will have to move on to some- instead, we get a series of nongermane we don’t take away any rights. thing else, by offering all kinds of ex- amendments or attempts to delay this, I thank the Chair and yield the floor. traneous amendments, or by seeking to to the point that we run out of time The PRESIDING OFFICER. The achieve what they have never been able and, in effect, a filibuster has killed Chair recognizes the Senator from Ari- to achieve through the normal legisla- any hope these crime victims have of zona. tive process, by using our proposal as a protecting their rights in our courts. f vehicle to attach their idea onto—in We have waited too long. Eighteen this case, perhaps, abortion. What bet- years ago President Reagan’s Commis- PROPOSING AN AMENDMENT TO ter way to kill ours while getting some THE CONSTITUTION OF THE sion on Crime Victims recommended time to discuss their proposal. the constitutional amendment to ad- UNITED STATES TO PROTECT Some of these same proponents are THE RIGHTS OF CRIME VIC- dress these rights. Eighteen years is those who argue most vigorously long enough to wait. I hope when we fi- TIMS—MOTION TO PROCEED— against so-called riders to appropria- Continued nally have an opportunity on the Sen- tions bills. They say, well, you should ate floor, that opportunity is not Mr. KYL. Mr. President, the pro- not have an extraneous amendment on snatched away by people who want to ponents of the crime victims’ constitu- an appropriation bill. If you are going pursue other agendas. tional rights amendment, as I under- to bring something to the floor, you The PRESIDING OFFICER. The time stand it, have about 6 minutes remain- should not debate something else. You of the proponents is expired; the oppo- ing. Senator FEINSTEIN has asked that should not amend it with something nents have 9 minutes. I conclude our portion of this opening extraneous. We are willing to allow Mr. KYL. I suggest the absence of a debate. germane amendments to victims’ quorum. People who are viewing this might rights in an effort to resolve how to The PRESIDING OFFICER. The wonder what the last 35, 40 minutes best protect victims’ rights. But what I clerk will call the roll. have been about. This wasn’t supposed fear I have seen here is a tactic either The assistant legislative clerk pro- to be about abortion. How did that get to defeat what we are trying to do or to ceeded to call the roll. involved in the crime victims’ rights use what we are trying to do to ad- The PRESIDING OFFICER. The amendment? Perhaps Senator LEAHY vance an entirely different agenda. Chair, in his capacity as a Senator began this trend when he first spoke That would be wrong. from Wyoming, requests the quorum this morning about the possibility of The people watching this debate call be lifted, and without objection it gun control, abortion, and the balanced must be saying: There they go again. is so ordered. budget amendment. What are these Senators doing? They I think the point is that people who had a proposal to bring forth a crime f are not motivated to adopt a constitu- victims’ rights amendment to the RECESS tional set of rights for crime victims floor, and, by procedural legerdemain, The PRESIDING OFFICER. Under are willing to try to use our hard work, is that going to be prevented, overcome the previous order, the Senate will now our efforts, and our energy to bring by an abortion amendment or some- stand in recess until the hour of 2:16 this proposed constitutional amend- thing of that sort? We hope not. The p.m. ment to the Senate—which is very dif- bottom line is that there is a reason all Thereupon, the Senate, at 12:23 p.m., ficult to do—as a means of trying to of the people who support this amend- recessed until 2:16 p.m.; whereupon, the tack on their favorite proposal, or to ment have said it is now time for a Senate reassembled when called to delay the Senate action on the crime Federal constitutional rights amend- order by the Presiding Officer [Mr. victims’ rights amendment to the point ment. INHOFE]. that we will have to move on to other As we have seen this morning, States pressing business. Either of those pos- have been unable to protect the rights f of crime victims with State statutes sibilities, I think, would be very sad. PROPOSING AN AMENDMENT TO and their own State constitutional Let me recount what has happened THE CONSTITUTION OF THE amendments. Attorneys general and here. For almost 4 years, Senator FEIN- UNITED STATES TO PROTECT prosecutors support this. Law enforce- STEIN and I have worked very patiently THE RIGHTS OF CRIME VIC- ment supports it. The Attorney Gen- to bring forward a crime victims’ con- TIMS—MOTION TO PROCEED— eral of Wisconsin, Jim Doyle—a very stitutional rights amendment. It is Continued very difficult to get a constitutional respected Democratic attorney gen- amendment to the floor of the Senate. eral—said this before the Judiciary CLOTURE MOTION We have had 66 witnesses appear at Committee: The PRESIDING OFFICER. Under hearings, with I think something like I believe that most prosecutors strongly the previous order, the Chair directs 15 pages of testimony transcript. We support victims’ rights. the clerk to read the motion. have had hearing after hearing. We He notes some of the concerns of The assistant legislative clerk read have gone through 63 different drafts to prosecutors. He said: as follows: make this as perfect as we could. We I believe these concerns are more than ade- CLOTURE MOTION have gotten it out of the Judiciary quately addressed in S.J. Res. 3. We the undersigned Senators, in accord- Committee on a strong, bipartisan The bottom line is that we have sup- ance with the provisions of rule XXII of the vote. Then we got the majority leader port from victims’ rights groups, pros- Standing Rules of the Senate, do hereby to give us some floor time, which is ecutors, attorneys general, and Gov- move to bring to a close debate on Calendar very precious. ernors, and it is time now to decide No. 299, S.J. Res. 3, a joint resolution pro- In other words, we put a lot of work whether we want to protect crime vic- posing an amendment to the Constitution of the United States to protect the rights of into this in support of victims of vio- tims or not. We have an opportunity by crime victims: lent crime in our society. Throughout bringing this matter to the floor. At Trent Lott, Jon Kyl, Judd Gregg, Wayne this building, and in others, there are 2:15, we will have a vote on what is Allard, Robert Smith of New Hamp- scores of victims and victims’ rights called a cloture motion on a motion to shire, Richard Shelby, Gordon Smith of

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2836 CONGRESSIONAL RECORD — SENATE April 25, 2000 Oregon, Bill Frist, Mike DeWine, Ben rights of victims are terribly impor- but we will have the debate and we Nighthorse Campbell, Jim Bunning, tant and a resolution like this ought to may now add one more reason to the Chuck Grassley, Rod Grams, Connie be thoroughly debated. But before the many reasons to oppose this resolu- Mack, Craig Thomas, and Jesse Helms. vote I learned that the language of this tion: its proponents have not respected The PRESIDING OFFICER. By unan- resolution to amend the Constitution the process and we are obliged to as- imous consent the mandatory quorum is still being negotiated. This ought to sume that their constitutional amend- call under the rules has been waived. be a solemn, soberly undertaken effort, ment, even if it were right in its gen- The question is, Is it the sense of the for it presumes to revise the work of eral substance, must be flawed in its Senate that debate on the motion to Madison and Hamilton and those great language and details. proceed to S.J. Res. 3, a joint resolu- Americans who put to paper the inge- Mr. LEAHY. Mr. President, what is tion proposing an amendment to the nious design of the American republic the parliamentary situation now? Constitution of the United States to in that hot Philadelphia room 224 years The PRESIDING OFFICER. The protect the rights of crime victims, ago. But instead, we were asked today question is the motion to proceed to shall be brought to a close? to begin that debate in earnest while S.J. Res. 3. The yeas and nays are required. The the supporters of the resolution were Mr. LEAHY. Mr. President, there clerk will call the roll. still off in a room somewhere trying to having been a cloture vote on that mo- The assistant legislative clerk called agree on the language of the resolu- tion to proceed, what is the time situa- the roll. tion. tion? Mr. NICKLES. I announce that the So I said no. I said no to this casual, The PRESIDING OFFICER. Each Senator from Delaware (Mr. ROTH), the cavalier approach to amending the Senator would have up to 1 hour of de- Senator from Arizona (Mr. MCCAIN), Constitution. It does not respect the bate, with a maximum of 30 hours and the Senator from Vermont (Mr. seriousness of the process and has led total. JEFFORDS) are necessarily absent. to constitutional profligacy in the Con- Mr. LEAHY. And within that 30 Mr. REID. I announce that the Sen- gress—to hundreds of constitutional hours, am I correct, under the prece- ator from Delaware (Mr. BIDEN), the amendments being offered as if they dent of the Senate, Senators can yield Senator from Nebraska (Mr. KERREY), were not gravely important, as if they part of their time to other Senators and the Senator from Maryland (Ms. were not an attempt to edit the or- but not in such a way as to enlarge the MIKULSKI) are necessarily absent. ganic law that has held our democracy 30 hours? The PRESIDING OFFICER. Are there together for two centuries. In the open- The PRESIDING OFFICER. As long any other Senators in the Chamber ing days of some recent Congresses, we as it does not extend beyond a total of who desire to vote? have seen constitutional amendments 30 hours. The yielding of time must go The yeas and nays resulted—yeas 82, introduced at a rate of more than one to the managers. nays 12, as follows: per day. Mr. LEAHY. The leaders or their des- [Rollcall Vote No. 86 Leg.] A few weeks ago, we considered a ignees? YEAS—82 constitutional amendment to allow The PRESIDING OFFICER. The lead- Abraham Fitzgerald McConnell prohibition of flag desecration. I op- ers or their designees. Akaka Frist Murkowski posed that amendment, but I didn’t op- Mr. LEAHY. I thank the Chair. Mr. Allard Gorton Murray Ashcroft Graham Nickles pose cloture on the motion to proceed. President, I will claim such part of my Bayh Gramm Reed I voted for cloture because the backers hour as I might consume. Bennett Grams Reid of the flag amendment, wrong as I It was less than a month ago, I re- Bond Grassley Robb thought they were, at least showed call, I stood on the floor of the Senate Boxer Gregg Roberts Breaux Hagel some respect for the process. They be- to defend the Bill of Rights against the Rockefeller Brownback Hatch Santorum lieved there was a need for the amend- proposed flag amendment to our Con- Bryan Helms stitution. The Senate voted March 29 Bunning Hutchinson Sarbanes ment and they were able to point to Burns Hutchison Sessions particular events and precedents that to preserve the Constitution and re- Campbell Inhofe Shelby they believed needed to be addressed. fused to limit the first amendment and Chafee, L. Inouye Smith (NH) But no court has struck down the doz- the Bill of Rights by means of that pro- Cleland Johnson Smith (OR) Cochran Kennedy Snowe ens of state constitution provisions and posed amendment. Apparently, pre- Collins Kerry Specter hundreds of statutes that protect vic- serving the Constitution in March does Conrad Kohl Stevens tims’ rights across America today, so not mean the Constitution is safe in Coverdell Kyl Thomas why rush to amend the Constitution? April. So here I am again as we begin Craig Landrieu Thompson Crapo Leahy Thurmond The backers of the flag amendment ar- to debate yet another proposed amend- Daschle Levin Torricelli gued, correctly, that their goal of al- ment to the Constitution. Yet, again, I DeWine Lieberman Voinovich lowing prohibition of some forms of am here to speak out in favor of the in- Domenici Lincoln Warner speech could be realized only by a con- tegrity of our national charter. Edwards Lott Wellstone Enzi I support crime victims’ assistance Lugar Wyden stitutional amendment. They offered a Feinstein Mack resolution that had been refined over and rights, but I do not support this NAYS—12 time, whose supporters at least, had proposed amendment to the Constitu- Baucus Dorgan Hollings agreed upon. All of us were aware, long tion. Just as opposition to a flag dese- Bingaman Durbin Lautenberg before the vote, what the resolution cration amendment does not mean a Byrd Feingold Moynihan said. The vote on proceeding to the flag Senator is in favor of flag burning, op- Dodd Harkin Schumer debate was not held in a fluid situa- position to a victims’ rights amend- NOT VOTING—6 tion, where negotiations about lan- ment does not mean that a Senator op- Biden Kerrey Mikulski guage that might end up in our Con- poses justice for victims of crime. In Jeffords McCain Roth stitution were still talking place. So fact, during the course of this debate, The PRESIDING OFFICER. On this we voted as Senators to proceed and we we will have a statutory alternative to vote the yeas are 82, the nays are 12. did proceed to a sober, deliberate and the proposed constitutional amend- Three-fifths of the Senators duly cho- thoughtful debate and an informed ment that would serve to advance sen and sworn having voted in the af- vote about the flag amendment. crime victims’ rights. firmative, the motion is agreed to. Today, on the victims rights amend- I have been in the Senate for 25 Mr. FEINGOLD. Mr. President, today ment, the process was not respected. years. I think it is safe to say that I I voted against a motion to close de- The Senate acquiesced in a casual exer- have been a very strong advocate for bate on the motion to proceed to S.J. cise in constitutional improvisation, victims’ rights during that time. My Res. 3, a victims’ rights constitutional shunning the statutory alternatives initial involvement with victims’ amendment. Only twelve Senators that are readily available, to embrace rights began more than three decades voted no, although a far larger number the near immutability of constitu- ago when I served as State’s attorney oppose this resolution. I was prepared tional language. So I voted no—to say for Chittenden County, Vermont. Ac- to vote yes on the motion, because the we are not ready to have this debate, cording to our population and under

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2000 CONGRESSIONAL RECORD — SENATE S2837 our procedures at that time, by virtue vice and that there are almost 60 pro- temptation was there for the framers of the office, at the age of 26, I became posed constitutional amendments of the Constitution. I am sure they the chief law enforcement officer for pending before this Congress alone, in- looked at the differences between the the County. I saw firsthand the devas- cluding an amendment to make it easi- States and thought, if I amend the tation of crime. I have worked ever er to adopt other amendments in the Constitution just this way, my State since to ensure that the criminal jus- future. Now, if we are going to do this, has an advantage or I have an advan- tice system is one that respects the let’s do it on everything. Let’s have an tage over this person. Instead, they re- rights and the dignity of victims of amendment on gun control. Let’s have sisted the temptation. Maybe that is crime and domestic violence, rather an amendment on abortion. Let’s have why we are the oldest currently exist- than one that presents additional or- an amendment on reapplying from ing democracy in the world. Maybe deals for those already victimized. where Senators can serve. Let’s do a that is why we have a First Amend- I will continue to work for victims of number of other things. Some of the ment, something not duplicated in any crime and domestic violence in the amendments that have been proposed other nation on Earth. Maybe that is course of this debate. I support crime look as if they were before a local why we protect ourselves and our victims and their rights, but I oppose board of select people. We should not rights as we do, because we know we this constitutional amendment. As a be so eager to amend our Constitution. have resisted over the years the 11,000 prosecutor, I was able to make sure Look at Article V of the Constitution suggested amendments to the Constitu- victims were heard, that sentencing de- and read the first part of the first sen- tion. Of those 11,000 amendments, one cisions were made with the rights of tence. It says: has to assume that somebody in every victims in mind, that plea bargains The Congress, whenever two-thirds of both single instance thought their amend- were not entered into without the Houses shall deem it necessary. . . . ment was extremely important. Every rights of victims in mind. They were Does anyone think the American peo- one of those 11,000 times, somebody all heard. I also knew we could do that ple would ‘‘deem this necessary’’? somewhere thought: This is the amend- individually, or by State statute, or by At one time, after the President at ment to the Constitution that we real- State constitution. But we didn’t have the time sent up unbalanced budget ly need; this is the amendment that to amend the United States Constitu- after unbalanced budget, Congress said falls under Article V which says it is tion. the only way to stop us from spending necessary. The proposed amendment, S.J. Res. 3, was to have a constitutional amend- I was the 21st person in the history of goes on for over 60 lines. I believe the ment to balance the budget. Fortu- this country to vote 10,000 times in the most important part of our national nately, we do not have such a constitu- Senate. Those 10,000 votes were not all charter, the Constitution, is the first tional amendment today. Instead, we necessary for this country. Sometimes amendment. This magnificent part of have a President who had the guts to they were votes called by the Sergeant our document, in just five or six lines, send up a balanced budget, and we had at Arms, and sometimes they were to says that we have the right of free a Congress who had the guts to back adjourn. Sometimes they were votes to speech, we have freedom of religion— him up and pass it. That is how to do commend ourselves for doing some- that is, to practice any religion we it—the old-fashioned way. thing we were paid to do anyway. Of want, or none if we want—we have the I believe this particular proposed course, sometimes they were extraor- right to petition our Government, and constitutional amendment regarding dinarily important votes. we have the right of assembly. These crime victims’ rights fails to set the I took pride in being the 21st person rights, enunciated in just five or six standards set by our founders in Arti- in our Nation’s history to vote that lines in the Constitution, preserve the cle V of the Constitution. It cannot be many times. But I wouldn’t have taken diversity—actually, they almost de- necessary. Let me state why: Over the pride to think I voted almost the same mand diversity in our country, and last several years, we have been mak- number of times for a different con- they protect diversity in our country. ing great strides in protecting crime stitutional amendment. Yet 11,000 con- If you have diversity, especially diver- victims’ rights. We have accomplished stitutional amendments have been be- sity that is protected, you have democ- much in 20 years to advance the cause fore the Senate. Imagine our Constitu- racy. Those five or six lines are the of crime victims’ rights, through State tion if the 11,000 amendments had bedrock of our democracy and our free- law and Federal statutory improve- passed. Heck, take half of them. Imag- dom. ments, through increased training or ine our Constitution if 5,500 passed. Im- Contrast this with S.J. Res. 3. As I education, and through implementa- possible. Say 10 percent, 1,100, passed; 5 said earlier, I don’t doubt the sincerity tion efforts. There is no basis today for percent, 550; 1 percent, 110, passed. If of my two friends, the chief sponsors of concluding that this constitutional we had taken a tiny fraction of these this; they are my friends and they are amendment is necessary for providing 11,000 that were so essential to this Na- two people I respect. But this is over 60 crime victims’ rights in the criminal tion, our Constitution would not be lines. It is like a complicated statute, justice process. something that would be revered which will be made more complicated There is a growing fascination in the around the world, that other countries as the courts get a hold of it, as pros- Congress with amending our Constitu- would try to emulate; it would be a ecutors have to figure out what is tion first and legislating second. No laughingstock. going on, and as defense attorneys look Member knows how long he or she will for loopholes. No place in it does it be in the Senate. I have been privileged Until we do our job with statutes, mention what we have always built our in the State of Vermont. My friends in until we find the ways within the criminal justice system on—the protec- the State of Vermont have sent me State, until we explore other ways to tion of the rights of the accused. here for over 25 years. They do remind help with victims’ rights, until we fol- James Madison, the great framer of me that Vermont is the only State in low through with the commitment of the Constitution, instructed that a the Union that has elected only one necessary resources, until we look at constitutional amendment should be member from my party to the Senate, all those States that have passed their limited to ‘‘certain great and extraor- but I am thankful they do it by ever in- own victims’ rights laws, until we ac- dinary occasions.’’ Well, we have one creasingly large margins. I don’t know cept the fact that not one single court thing that is great and extraordinary how long I will be here; no Member has found those unconstitutional, thus and that is our country and our democ- does. saying we don’t need a constitutional racy. It has made us the most powerful As long as I am here, I will take upon amendment, until we do that, why do and influential nation on Earth today. myself the duty to say to the Senate: we amend the Constitution again? But these are not great and extraor- Slow down on this idea of amending As I said, I don’t know how much dinary occasions that demand the the Constitution. Slow down. longer I have in the Senate. However, I amending of the United States Con- Whatever short-term political gain will stand on this floor, constitutional stitution. Members may feel today, your children amendment after constitutional I find it distressing that we so ignore and your children’s children will in all amendment. This is a wonderful docu- James Madison’s instructions and ad- likelihood live by what you do. The ment. Don’t change it. Don’t change it

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2838 CONGRESSIONAL RECORD — SENATE April 25, 2000 unless an amendment falls under Arti- Thursday, we observed the first anni- Some of those listening may have cle V and really is necessary. This is versary of the tragic violence at Col- trouble following all of our twists of not necessary. umbine High School in Colorado. That logic, but one thing should be clear— It is ironic, at the height of the key anniversary served as a reminder of the we all know we have too many victims dynamic changes in increased rights school violence we have witnessed too in our society. We know we have fami- and protections for crime victims over often over the past few years. Yet the lies torn apart, even if they are not di- the last decade, the efforts on behalf of Senate and House have not completed rectly victims themselves. Look at this constitutional amendment have their work on the juvenile crime bill, a Columbine High School. Who were the had the unfortunate, and I believe un- bill that passed the Senate last May by victims? Were they just the young peo- intended, fact of slowing that process a margin of almost 3 to 1. ple and the teacher who were killed and dissipating those efforts. The Hatch-Leahy bill passed this and their families? Were they the only Who suffered? The crime victims. body 73–25. Since then, the Republican victims? Or was the whole high school Crime victims are among the most leadership continues its refusal to con- population of Columbine a victim? Or sympathetic figures. And they should vene the House-Senate conference nec- was the whole community of Littleton, be. They are also some of the most po- essary to complete action on this Colorado that was the victim? Was the litically powerful groups in our society measure. Tell that to the families who whole country a victim? I think so. today. We are all supportive of crime were at the zoo here in Washington All of us had images seared into our victims. That probably takes political D.C. yesterday. Tell them the gun psyches that I think for most of us will courage, to say we should ask some lobby will tell us when we can meet last a lifetime. Were we victims of a questions, because it takes little polit- and when we cannot, in the United sort? Were we victims of our lack of ical courage to say you are in favor of States Congress. Tell those families. understanding of how we got to that crime victims; we all our. It is not We, oftentimes, have emotional point? Are we victimized by violence whether we support crime victims, be- issues that come before us. This past that does not touch us immediately? I cause we all do. Certainly, those of us weekend Elian Gonzalez was reunited think so because otherwise we would like myself who have been prosecutors, with his father, Juan Miguel Gonzalez. not see these magnetic detectors all who have seen firsthand the beaten vic- You know what happened there. The over the place. We wouldn’t have secu- tims, the stabbed victims—I even had a great uncle had temporary custody, rity guards all over the place, and we murder victim die in my arms while he custody was revoked, he refused to do a wouldn’t be spending money building was telling me who killed him—under- voluntary transfer of the child, the At- ever more prisons—money that could stand victims. But this debate is not torney General finally had to act to re- be used for education or health care or about those victims. It is whether the unite them and say the United States prescription drugs or to help young Senate will endorse the amendment to would uphold its own laws. I think it people in our society. So we are all vic- the United States Constitution. I will was done in the right way. Everybody timized by crime. do all in my power to make sure we do is running around: We’ll have a special That is the problem with the con- not amend the Constitution. citizenship bill, special amnesty bill, stitutional amendment that is pro- April is an especially sensitive time special whatever else. I say, remember posed—defining who is the victim. Once of year for crime victims and those what the Senate is supposed to be. Re- again, is it the family whose house was who advocate for them. Frankly, I feel broken into and the terrible deeds that every day we should be advocating for member that wonderful story about the followed? Or is it everybody in the them. Two weeks ago was the 20th an- cup and saucer. We are the saucer that neighborhood? Or is it young child who niversary of Crime Victims’ Rights allows the cooling of the passions, and lost a friend who was 6 years old, who Week. During that time, I was one of we should approach debate of a pro- the few Senators who came to the floor posed constitutional amendment with do not understand why the friend was to try to make progress on crime vic- the seriousness and deliberation that it murdered by another 6-year-old child? tims’ rights by proposing an improved requires. Who is the victim? Even the family of version of the Crime Victims Assist- We could go, instead, back to some of a perpetrator of a terrible crime is ance Act, S. 934. the legislative things we could do right often a victim. Last week, we observed the fifth an- now, that could be signed into law Given the difficulty of defining who niversary of the bombing of the Alfred right now, that might help victims of is a victim, it might be better to ad- P. Murrah Federal Building. Some of crime. dress this statutorily. We ought to us have worked long and hard for the I see the distinguished senior Senator write a statute that very clearly says: victims of crime and terrorism around from New Jersey, a man who, through- Yes, victims’ rights have to be pro- the world. I was proud to be the author out his career here in the Senate, has tected. We have said it so many times of the Victims of Terrorism Act worked so hard, not just for victims of over the years, writing laws as opposed amendment to the anti-terrorism bill crime but for those laws that might en- to amending the Constitution. That is that passed the Senate in the wake of sure that at least we have a diminution the question, really. No one is saying that tragedy of June, 1995, which of crime, especially gun crimes. I am we should not take care of the victims. served as the basis for what became the perfectly willing to reserve my time But the question is whether you try to victims provisions ultimately enacted and yield to the distinguished Senator address the problem by statute or if in 1996. if he would care to speak. you take the much more drastic step of I worked with Senator NICKLES and Mr. President, I reserve the remain- amending the Constitution. others to provide closed circuit tele- der of my time. And when we talk about victims we vision coverage of the Oklahoma City The PRESIDING OFFICER (Mr. should remember all of the people who bombing trials. I supported special as- CRAPO). The Senator from New Jersey. have suffered because of the prolifera- sistance for victims and their families Mr. LAUTENBERG. Mr. President, tion of guns. to attend and participate in the trials, first, I thank the distinguished Senator Look at what happened yesterday at including enactment of the Victims from Vermont, the ranking member of the National Zoo. Seven young people Rights Clarification Act in 1997 to help the Judiciary Committee. He has a were shot. I have my four children and ensure those who attended the early homespun way of talking at times, but their spouses and seven grandchildren, portion of the trial could also testify or he always brings good sense and good the oldest of whom is 6, coming to attend during the sentencing phase. judgment to the debate. I appreciate Washington in a few weeks commemo- I do not need to be told by anybody his comments about how we have to be rating, with the grandfather of the that I have to be sympathetic with vic- so mindful of our responsibilities under family, my career in the Senate. We tims of crime. I have done that the Constitution, and we ought not to are going to celebrate. Because they throughout my professional career. I trifle with amendments to the Con- are all so young, to amuse them I said have done it in legislation. I did it for stitution. The Constitution is the fun- we would go to the zoo. I am not as en- 8 years as a prosecutor. damental text of our democracy and we thusiastic about going to the zoo today But I also look at some of the things ought not to amend it if there are as I was a couple of weeks ago when we we are not doing here in Congress. Last other ways to address the problem. thought about this.

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2000 CONGRESSIONAL RECORD — SENATE S2839 I am worried about what might hap- have the ability to stop the legislation one part of which is an attempt to con- pen in public gatherings. The two old- from moving. We established a Senate trol gun violence. est of my grandchildren—again, they conference committee with a House The majority leader said they were are little kids—are in school. I call my conference committee, which is the talking about it. daughters and say: How are the kids? normal process. They confer on dif- Schieffer came back and said: ‘‘Let When I see something that goes awry ferences that each of the Houses has on me pin you down. Do you think you’re in a school and a 6-year-old child can their legislation. We sent it to the going to get that conference com- kill another 6-year-old child because of House. The conferees took forever to be mittee to meet to kind of get this someone’s careless possession of a gun, named. Finally, we got conferees. started?’’ their careless abandonment of normal What did they do to keep the public The response by the majority leader safety protections, I worry about them. from knowing, to keep potential vic- was, ‘‘I do.’’ I worry not only for my family. I worry tims from understanding what might That was April 9. Today is April 25. mostly, obviously, as we all do, about be happening? They did nothing. The April 9 to April 25, that does not seem my family. But I also worry about all distinguished Senator from Vermont, as if it is rushing to do things. of the violence that permeates our so- who always brings sense to our body It was promised. Well, the majority ciety. There is enough of that on tele- when he discusses issues with which he leader said, ‘‘I do.’’ vision—even in cartoons. And I think is so familiar, mentioned it. April 20 Schieffer said, ‘‘This week?’’ that some of the depictions of violence was the 1-year—I do not even like to The majority leader, again, with all may encourage violent behavior. The use the word ‘‘anniversary’’—but it was due respect, said, ‘‘I don’t know if it seeds may be there, but the encourage- one year since that horrible day we all will be this week, but we will get it ment, the nurturing of those seeds witnessed—kids running, young people done in the next few weeks.’’ often takes place in movies and tele- in the prime of life killed. There have been a few weeks. Why vision where the hero is the guy who There is nothing more satisfying to don’t we get this done? We are all con- comes in with a gun blazing. Who he is me, perhaps because of my white hair cerned about victims of crime, but let’s killing we are never quite sure, but he and age, than seeing young people in pass legislation that will prevent peo- is killing people. the full blush of youth enjoying them- ple from becoming victims of crime. If we want to take care of the vic- selves. Sometimes they do silly things. I continue to urge the Congress to tims, then we ought to pass a law and It is fun when I see young people, move forward on gun safety. And what be bold about it and not fall prey to whether they are little young people or is the response of the Republican public posturing and say amend the 16, 17, or 19 years old. I joined the Army Party—the Republican Senate group. Constitution. How many other rights when I was 18. I did not realize how Well, here is what GOP aide John ought to be included as we talk about young it was until I looked back. Czwartacki said in Roll Call: victims? Should parents’ rights be pro- Young people who were enjoying It is a shame but no surprise that they tected? Should grandparents’ rights be themselves were mowed down by two would exploit the tragedy of these children’s protected? Should workers’ rights be young killers at Columbine High deaths to promote a political agenda. protected? Should women be protected? School. Families were brought to the That is what he said. He said it in re- We think so. They are very often vic- worst grief anyone can imagine. A sponse to a commitment that I and tims of crimes that do not necessarily young man was hanging out the win- several other Senators made that we leave a mark that one can see but often dow pleading for help. We do not know would do whatever we could to get that does enormous damage to their psyche what he was saying. One can imagine juvenile justice bill moved along so we and to their mental well-being—harass- what he was saying. His hand was out- could discuss ways of reducing gun vio- ment, sexual harassment. Are we stretched trying to reach for safety lence. amending the Constitution to deal with wherever he could go get it, a refuge At times I wonder what it will take that? No, we are not. from the madness surrounding him. for people in this chamber to get the And we need to stop the political pos- That was April 20, 1999. April 20, 2000— message. Despite what the American turing about many issues. For exam- nothing has happened. Nothing. I say public says, despite what parents say, ple, we need to stop all of the posturing let’s vote on it—you can vote for gun despite the fact that there will be a on gun control and take action. safety or against it. Let the public see million moms marching on Mother’s I wrote an amendment and presented how you voted. But no, they do not Day—some members of this body refuse it to the Senate when we were dis- want to do that because they are all to act. cussing the juvenile justice bill. The scared in their own way. They are Why? Why is it that the voice of the amendment is very simple—it would scared the public is going to see that NRA, the National Rifle Association, close the gun show loophole. We re- they will not take steps to end gun vio- can be heard so clearly in this place ceived 50 votes on each side. No, that is lence. and so clearly influences legislation. not fair to say. Fifty votes for and 50 Here we are. We had promises re- Why is it that special interest voice votes against, including some of my cently that we would be voting on a sound so loudly in this place that the Republican friends who agreed with us conference bill, and we ought to do majority will not bring up legislation that we ought to close a loophole in that pretty soon. All they have to do is that says: Close the gun show loophole gun shows that permits people to buy say to the conferees, ‘‘Get the job so unlicensed dealers cannot sell guns guns without identifying themselves. I done,’’ and the bill will be on the floor. to unidentified buyers? Why is it? call it buyers anonymous: Someone But we cannot get them to do that. Why is it that it drowns out millions goes in, puts their money down, and The majority—and I talk with all due of voices? Look at some of the polling walks out with as many guns as they respect in friendship about the major- data. In overwhelming majorities, up can physically carry. They can even ity—is in charge. That is the way it is. as high as 90 percent, people say: Shut come back for another load. There is I wish it was otherwise, frankly, but down that gun show loophole. But no identification required. Even though the Republicans are in charge, and the those voices do not get through here. some in this Senate want to protect Republican leader has not brought it It is quite an amazing process of that practice, my amendment pre- up, though he said he wants to bring it physics that the sounds travel all the vailed. With the Vice President casting up. He said it publicly. On April 9, way here from the NRA office in Wash- the tie-breaking vote, the amendment when asked, he said he would bring it ington, but across this country where passed 51–50. up soon. On ‘‘Face the Nation,’’ a very everybody is supposed to be rep- It was a dramatic day. We all worked well-known program, he said he would resented in this body, those voices do so hard. But since then, the juvenile be amenable to bringing it up. He was not get through. They do not see the justice bill has been stalled in a con- asked by Bob Schieffer: ‘‘Don’t you tears. They do not understand the ference committee. have to get the conference committee grief. They do not hear the pleas of There is a game played around here— to meet? Why don’t you at least have a people who have become victims as a political football. If you are in the ma- meeting?’’ in reference to the con- result of a loss of a child or a loss of a jority and do not like something, you ference committee on juvenile justice, loved member of a family. Those voices

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2840 CONGRESSIONAL RECORD — SENATE April 25, 2000 do not get through. But the voice of There are so many times when a per- Mr. SCHUMER. I yield myself that the NRA, with its control of some of son becomes a criminal for the first hour. the people that work here and in the time when they pull that trigger. But The PRESIDING OFFICER. The Sen- other body—control, that is what hap- the response is always the same—guns ator is recognized. pens—they set the agenda. don not kill, people kill. Well, you do Mr. SCHUMER. Mr. President, I As we discuss victims of crime and not have many drive-by knifings. It’s a thank my colleague from New Jersey constitutional amendments, it bears a lot easier to kill people with a gun. for his eloquent words, his passion and note of hypocrisy because buried in So we are going to do whatever we leadership on this issue. I join with there, in my view, is this overhanging can. We are going to seize whatever op- him, helping in any way I can to see question about what constitutes a vic- portunities we can. We are going to that we get to finally pass the Lauten- tim, as I earlier discussed. What should stand and shout this message until it is berg amendment which the country so the Constitution be open to? In the heard all the way across this country, much wants. I thank him for his more than 200 years we have had the so that people will call this place, call doggedness. We will prevail, I do be- Constitution and the Bill of Rights, it their Senator, call their Representa- lieve. I thank the Senator from New has been amended 18 times. It is a de- tive, and tell them they want to see Jersey. liberate violation of what constitutes something done about gun violence in I am here to address S.J. Res. 3, the good judgment very sparingly. this country, that they are sick and constitutional amendment for victims’ One of the dreaded thoughts that tired of losing thousands and thou- rights. As I guess my history in the passes through so many of our minds is sands of people to gun violence. Congress shows, I have been very con- amending the Constitution for one There are 33,000 victims in a year, cerned about crime issues. If one would thing after another. We have had sev- when a country such as Japan and the have to say they had a signature issue, eral goes at that very recently when it UK and others have less than 100. We for me, that has been it. I came to the was thought maybe we would amend sure do not have 300 times their popu- view when I came to Congress—and am the Constitution to do things that we lation. still of that view—that particularly in ought to take care of by law. There are ways to control violence. the 1980s and early 1990s, the pendulum I will close, but just with this re- One of them is to take these lethal in- had swung too far in the direction of minder. Here is a picture of one ter- struments out of the hands of people individual rights and not enough in the rible person. He is on the FBI’s Ten who are not qualified to have them. direction of societal rights. I spent a Most Wanted List. Guess what. He can I wrote a law to take guns away from good portion of my time in the Con- go up to an unlicensed dealer at a gun those who are domestic abusers, guys gress trying to bring that pendulum to show and buy guns. He does not even who like to beat up their wives or kids, the middle, joined by Democrats and have to worry about them calling the or guys who like to beat up their Republicans. I am very proud of that cops because they do not ask his iden- girlfriends. work. tification when selling weapons. We had a heck of a fight here. Fi- I come to the floor because nothing There is enormous pressure to keep nally, with President Clinton’s help, we in my time in the Senate has troubled this gun show loophole in place. Imag- got a bill signed one night that was at- me more, has bothered me more, than ine, those criminals on the FBI’s Ten tached to an appropriations bill. the amendment we are beginning to de- Most Wanted List, and any one of them The opponents said: It is not going to bate. I greatly respect the Senator could walk in to a gun show and ap- do any good; it is not going to matter. from Arizona, Mr. KYL, and the Sen- proach an unlicensed dealer and say: That was done in the fall of 1996. Since ator from California, Mrs. FEINSTEIN, Give me a dozen of these or two dozen that time, we have stopped 33,000 re- for the work they have done on this of those, and here is the money, and quests to buy guns. 33,000 times that a issue. Frankly, my views are not dis- the deal is done. spouse or a friend or a child in a house- similar to theirs on the issue of vic- It is my hope we will resolve the dis- hold doesn’t have to hear somebody tims’ rights. I helped write the law for pute that is in front of us now in a say, ‘‘If you don’t do this, I’m going to right of allocution, for the victim to statutory fashion; that is, to write law, blow your brains out’’; 33,000 times in stand up at sentencing and say his or not to amend the Constitution. Start just over 3 years. her piece. I have been extremely sup- there. Extend the debate so that all The gun lobby fought me and said portive of victims’ rights. points of view are sufficiently heard. that is junk, you don’t need that, that Then why would I find this amend- Let’s let the public know what we are is silly, that is not where we ought to ment so troubling, more troubling than talking about when we do this. be going, we ought to be locking people any other bill we have debated? Be- But even as we contemplate the up, and so forth. Of course, we do lock cause I revere the Constitution. I con- course of action on this constitutional them up. They deserve to be locked up, sider America to this day the noble ex- amendment—I think it was with 80- if they are criminals. We lock up and periment the Founding Fathers called some votes that we said we ought to enforce the law in more cases now than it when they had written the Constitu- move ahead. Some of those who voted at any time in the past. Convictions tion. I believe the Constitution is a sa- for cloture, however, are just inter- are way up. Housing criminals has be- cred document. The more I am in Gov- ested in opening up the debate and not come a problem. We don’t have a suffi- ernment, the more I almost tremble be- really supporting the constitutional cient number of jails to accommodate side the wisdom of the Founding Fa- amendment. them. thers. Someone called them the great- I say to all my colleagues, I intend to I go with this promise: We will be est group of geniuses. There may have continue to push for the conferees on back again. Not just on this bill, but as been other individual geniuses who the juvenile justice bill to sit down and we consider other pieces of legislation. were greater than any single member talk and to come up with a conference We are going to fight on this floor. who wrote the Constitution, but their report. Come up with their conclusion, Whether it is kids pulling out guns to collective genius was the greatest whatever that happens to be, and let resolve fights, or someone using a gun group assemblage of genius the world the American public know that they when they want to rob someone, we has known, a person wrote. I tend to are not just sitting on their hands as a have to stop the gun violence. I am share that. way of killing this legislation. And sure the public will agree. Amending the document they put to- those who oppose it should have the I yield the floor. gether is an awesome responsibility, courage to speak up and say: No, I The PRESIDING OFFICER. The Sen- something that should not be taken don’t want to control gun violence that ator from New York. lightly, something that should be done way. Guns don’t kill. People kill. Or Mr. SCHUMER. Mr. President, as I with the utmost care and forethought. they may say: The little boy who is 6 understand it, to debate this amend- One should only debate constitutional years old is a criminal that the police ment, S.J. Res. 3, I am entitled to 1 amendments when there is no other should have been watching, I suppose, hour. way to go. We should not mess with the before he went to school that day with The PRESIDING OFFICER. The Sen- Constitution. We should not tamper that gun. ator is correct. with the Constitution.

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2000 CONGRESSIONAL RECORD — SENATE S2841 Yet here we are today debating a vic- in the workplace. I would not put in entire Bill of Rights. If you look at the tims’ bill of rights, a constitutional the Constitution that we must protect language, it is not the language of the amendment on victims’ rights, when the rights of working people, unless, of Constitution of the United States, not a single State supreme court, and course, there were a series of statutes which talks about great concepts. Vic- certainly not the U.S. Supreme Court, about working people that had been tims’ rights is a fine concept, but the has declared any victims’ rights stat- thrown out by the courts. Even in the language, which I have here, is the lan- ute unconstitutional. I repeat that early 1900s, when the wage laws and guage of a statute. amazing fact for my colleagues. For child labor laws were thrown out as un- Again, I have not received an an- the first time we are here debating a constitutional, we didn’t amend the swer—a good answer—from my col- constitutional amendment with the Constitution—when there might have league from Arizona and my colleague other 19 amendments and with, of been reason to. But here? Now? As the from California as to why not a stat- course, the 10 amendments in the Bill lawyers say, no stare decisis, no final ute. You can pass it more quickly and of Rights being different, where not a opinion. It doesn’t make sense. more easily. It fits the amendment. It I have to tell my colleagues, if we single State supreme court and not the fits what you are trying to do. No were to pass this amendment, we would U.S. Supreme Court has ruled any part court, no supreme court, no final au- of victims’ rights unconstitutional. be fundamentally changing constitu- tional history, the way the laws of this thority has thrown it out. And to say What is called for here is a statute. I there were two Federal cases where the would support making a statute, a law, country are made, because we would say that the new Constitution is open judge ignored a statute, and we imme- almost the exact amendment, perhaps diately go to a lower court judge, and even the exact amendment, the Sen- to things we believe in and feel strong- ly about, even where a statute might we immediately go to a constitutional ator from Arizona and the Senator amendment, again, cheapens the Con- from California are proffering. But a have solved the problem. My colleague from California and I— stitution. constitutional amendment? Why? Why? I regret that she is not here—had this I intend to debate this amendment at Why amend the Constitution when no conversation after our caucus. She said some length. I know some of my col- law has been declared unconstitu- to me, well, there have been two Fed- leagues will, too. As I said, this has not tional? We have never done that in the eral courts that ignored victims’ rights gotten airing. In fact, a month ago, if over-200-year history of this Republic. even though we passed statutes. Well, you talked to most people, they We have never taken something we be- that means the statute was poorly shrugged their shoulders and said, lieve in and said, let’s immediately drafted. A judge cannot ignore statu- ‘‘Don’t worry, this won’t come up.’’ make it a constitutional amendment. tory law. I asked her, ‘‘Well, why Well, it is here and it is being debated. We have debated constitutional wouldn’t that be appealed if it wasn’t We are on the precipice of changing amendments here because statutes well drafted?’’ It wasn’t appealed. But what an amendment to the Constitu- were thrown out. We just did it on the to rush to a constitutional amend- tion of this great country means. We flag burning amendment. People be- ment? ought not to do it lightly. We ought lieve strongly that the flag should not This amendment has been below the not to do it simply because we feel a be burned. The U.S. Supreme Court radar screen. It has crept up upon us need, as I do, to say that victims have said it was under the aegis, the penum- stealthily. It hasn’t gotten the airing rights in the courtroom. We ought to bra, of the first amendment. So we did and debate it needs, and already we are do it because there is no other alter- our duty on this floor and debated rushing to judgment, attempting to native. And here there is. We ought to whether we should amend the Bill of pass a constitutional amendment. do it because the judicial and legisla- Rights. For the first time ever, we Again, it was said that the constitu- tive processes have been exhausted and would do it to say that flag burning tional amendment is still being nego- the Constitution hasn’t anticipated a was prohibited. It was what the Found- tiated by one of the chief sponsors. new change. This clearly is not that ing Fathers thought the constitutional What is this? We are negotiating a con- case. We ought to do it because this process should be. It was an amend- stitutional amendment at the same issue has reached its fulsomeness. ment that had been thought about. It time we are debating it—something was an amendment that had been de- My colleagues, I believe if this body that if it becomes part of the Constitu- were to pass this amendment, we would bated. It was an amendment that went tion cannot be changed without huge to the core of great constitutional regret it shortly thereafter. We would movement? You don’t do that. The experience, as we never have, debate issues. Constitution is a sacred document. The My guess is if a Washington or a Jef- about what specific little clauses in the greatest group of practical geniuses in Constitution mean—not the interpreta- ferson or a Madison were looking on the world put it together. It is not the floor during that debate, they tion of what is freedom of speech, but something willy-nilly, if somebody how do you define a victim. How do would have smiled, they would have feels strongly about it—and I respect you deal with certain phrases and said that was the Senate they hoped to the energy and passion—that we just clauses? It is a troubling day. It is a have. go ahead and amend the Constitution. troubling day because almost without If a Washington or a Jefferson or a This is a dispiriting day in a certain debate, almost without national focus, Madison were looking on the floor as way, in my judgment, because we are we are thinking of changing what an we debate this, I believe they would re- debating whether to take that great amendment to the Constitution means. coil, not because of the issue of vic- document, the Constitution of the It is not simply supposed to make us tims’ rights but because of the thought United States, and cheapen it by say- feel good. It is not simply to make a of passing a constitutional amendment, ing when we feel passionately about political statement to the people back only the 20th since the Bill of Rights, something, we skip the statutory proc- when no law had been declared uncon- ess, the judicial process, and we go home. It is to fundamentally change stitutional, when no aspect of the Con- right to amending the Constitution. the rights, privileges, and obligations stitution itself needed to be clarified. I am not debating the merits of the of the Government and the citizenry. I ask my colleagues—and I will ask provisions. As I said, I believe in al- Again, to my colleagues, why can’t them when they are here because this most every one of them. But every one we try to pass this very same language debate will go on for some time, as it of these could be accomplished by stat- as a statute? I am going to introduce should—why not a statute? I have ute, by law. And then, if we found out that as an amendment if we are al- heard my colleague from California one was poorly drafted, we could lowed to—the exact language they have say: Because we have to show how im- change it; then, if we found out there but make it a statute. I have not heard portant victims’ rights are. With all was something people didn’t take into a good argument and, until I do, I urge due respect, we can show that impor- account—and that happens when we every one of my colleagues, Democrat tance with a statute. write laws—we can change it. Not so and Republican, to refrain from the un- I believe in the rights of working peo- with a constitutional amendment. derstandable desire to do something ple. I have worked for laws such as If you look at the amendment that quickly and instead do something cor- minimum wage and protecting rights has been drafted, it is longer than the rectly.

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2842 CONGRESSIONAL RECORD — SENATE April 25, 2000 Mr. President, I reserve the remain- the third in the Senate—to change the Many crime victims are justifiably der of the hour that has been ceded to Constitution of the United States. This fed up. They feel as if the criminal jus- me to debate this amendment. document has endured for over 200 tice system has wronged them. These The PRESIDING OFFICER (Mr. GOR- years. It appears many of our col- people were innocent victims, but they TON). The Senator from Illinois is rec- leagues want to change it as quickly as feel deprived of the fundamental need ognized. possible in a variety of ways. Some to participate in the process of bring- Mr. DURBIN. Mr. President, I don’t want to change it when it comes to bal- ing the accused to justice. Victims of understand the procedure at this mo- ancing the budget. Others want to crime are understandably determined ment. I don’t know if I seek recogni- change it when it comes to flag burn- to ensure that other victims of violent tion through the Senator from New ing. Now today there is a suggestion crime have the right to an active and York or the Chair. that we want to change it when it meaningful involvement in the crimi- The PRESIDING OFFICER. The Sen- comes to the rights of the victims of nal justice system. I believe every ef- ator can seek recognition in his own crime. fort to ensure that crime victims are right for up to 1 hour. With all due respect to the wisdom not victimized a second time by the Mr. DURBIN. I ask to be recognized and intelligence of all of my colleagues criminal justice system should be on S.J. Res. 3. in the Senate, frankly, I think they are taken. Today, we are here to begin the The PRESIDING OFFICER. The Sen- anxious to take a roller to a Rem- hard task of determining how best we ator is recognized. brandt. They want to make their mark can achieve this shared goal. Mr. DURBIN. Mr. President, I com- on the Constitution believing that I don’t think many will ever be able mend my colleague from New York on what they suggest matches up to the to appreciate fully the impact of crime the statement he has made on the floor stature of the words of Thomas Jeffer- on a person. In my family’s history, we of the Senate. It is interesting that son, Madison, and the Founding Fa- have had a home burglarized and felt when Members of the Senate are thers of this country. violated, as most people would when brought into this Chamber and asked With all due respect to my col- they come home to find someone has to become official Members of this leagues, Senate Joint Resolution No. 3 been through your belongings and body, we are asked to take an oath. It before the Senate now pales in com- taken something away. This is an eerie is an oath which in one part—and per- parison. This resolution has been feeling as one walks through the house. haps the most important part—is to around a while. It is shop worn. One of I have had one of my children as- preserve and defend the Constitution of the sponsors of the resolution, Senator saulted. Thank goodness she wasn’t the United States. When you consider KYL, came to the floor today and said hurt seriously. As a parent, I felt rage all of the great documents that have with some pride that this was the 63rd at the thought that somebody would do been produced in the history of this draft of this constitutional amend- this to my daughter. Thank God she ment, and as we stand today and de- great country, it is clear that when it survived it. They never caught the per- bate, the 64th draft is being written in comes to our service in the Senate, the son responsible for it. I felt in a way a back room. At some point it will pop one document that we are asked to that she was not the only victim. All of out of that room and on to the Senate hold above all others, to preserve and us who loved her were also victims of floor and we will be told: Here it is; defend, is the Constitution of the this violence. this is the next amendment to the Con- A violent crime irreparably alters United States. stitution of the United States. the texture of life for the victim, that Of course, it is understandable be- Forgive me if I am skeptical, but I victim’s family, and many of their cause those who created the Senate believe on reflection we would regret friends. The awareness and memory of and its counterpart, the House of Rep- passing this proposed constitutional that crime pervades and alters the vic- resentatives, did it in this document, amendment. If the authors of this tim’s very being. I don’t think a victim this Constitution, a copy of which I amendment who have been working on ever totally gets over it. carry. They believed that future Sen- it for years—and I give them credit for We know a criminal justice system at ates and future Members of the House all of their effort, but they still haven’t its best cannot undo a crime. We surely of Representatives, if they preserved gotten it right. As the matter comes to also realize the way to fully address this document, would preserve this the floor of the Senate, do we honestly the effect of crime is not just through union. believe the words in this document will the criminal justice system. If we are The job of preserving this Constitu- endure as our Constitution has endured serious about dealing with the impact tion of the United States is not often for over 200 years? No, I think we are in of crime upon an individual victim, a easy nor popular. Some say 11,000 dif- haste producing a product which we family, or a community, we must act ferent times in the last 100 years Mem- will come to regret. systematically and consciously—not bers of the Senate have come to the Now to the merits of the issue. It is just with symbolism and political ef- floor in an attempt to change this doc- one which, frankly, cannot help but fort. I believe one of the worst things ument. It is interesting that in the touch your heart. Far too many people we can do is to pass a constitutional course of the history of this Nation, are victims of violent crime. These vic- amendment that contains illusory or after the adoption of the first ten tims are frightened, they are fed up, unenforceable promises regarding amendments to the Constitution, the and they are determined. They are crime victims. In order to genuinely so-called Bill of Rights, we have only rightfully frightened because they and address this issue, we must understand amended this Constitution 17 times— others have far too great a chance of the way crime rewrites a victim’s life. the Bill of Rights and 17 additional falling victim to a violent crime. These Then we must do what we can to en- amendments. Today, we are being victims have endured needless and un- sure that the rewrite is not inevitably asked to amend the Constitution for justified physical and emotional suf- tragic. the 18th time since the adoption of the fering. Just last night at 6 p.m., in the I support crime victims’ rights. I con- Bill of Rights. Nation’s Capital, at the National Zoo, fess to concerns about amending this It is curious that in the history of one of the real attractions in this city Constitution. I view the Constitution, our politics, the Republican Party, for visitors from across this region, and in particular the Bill of Rights, as which so often claims to be the con- around the Nation, and even around one of the most enlightened, intel- servative party—and to take that lit- the world, seven children were shot ligent, and necessary documents ever erally, I assume that means to con- while visiting the zoo. One of the created. I believe any efforts to amend serve the values and principles of this seven, an 11-year-old boy, was shot in it must be reserved for the most seri- country—has so often been in the lead- the back of the head and is in grave ous circumstances. ership not to conserve but to overturn condition. I cannot help but remember as I and change the most basic document, The statistics on violent crime and stand on this floor, as I often do, debat- the Constitution of the United States. gun violence are staggering in the ing constitutional amendments which I am told in the last 4 weeks there United States of America. Twelve chil- seem to be the order of the day, how have been four proposals—one in the dren die every day in America as a re- many leaders of newly emerged democ- House and three in the Senate; this is sult of gun violence. racies come to the United States of

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2000 CONGRESSIONAL RECORD — SENATE S2843 America as one of their first stops. and organizations emphatically sup- be exercised, because if you are not These men and women who have seen port victims rights. Every State in the careful, you can have a lot of unfortu- their countries liberated from totali- Union has at least statutory protection nate consequences. tarian rule, Communist rule, come to of victims of crime when it comes to The amendment lacks this definable the United States and make their stop the procedure of criminal prosecution. language. It does not direct the law en- right here on this Hill, in this city, in Some 33 States have amended their forcement court personnel, who are this building. State constitutions to provide similar supposed to enforce the newly created They believe, as I do, that the valida- protection, including my own home victims’ rights, on how to do so. tion of democracy lies right here with- State of Illinois in 1992. I fully support Finally, the important goal of estab- in the corners of the walls of this great that. I think the State was right to lishing victims’ rights can be achieved building, because this generation of pass a crime victims protection in our through legislation. A constitutional leadership in the Senate and in the State constitution. amendment is simply not necessary. House tries to carry on a tradition, a Second, any amendment to the Con- Due to the respect I have for the Con- tradition of freedom and democracy, a stitution should be more than just a stitution, I am extremely reluctant to tradition that is not embodied in a flag symbolic gesture. I want to grant amend it unless there is no other but is embodied in a book—the Con- crime victims real and concrete rights. means by which the victims of crime stitution of the United States. The proposed amendment, however, has can be protected. Every state in the When you look at the political at- certain provisions which are illusory United States have a state statute to mosphere surrounding this debate on and unenforceable. Indeed, the amend- protect the rights of victims. Thirty- this constitutional amendment, you ment lacks definable language and does three States have constitutional will see that it is different from any not address its implementation. What amendments to protect the rights of other debate we have had on an amend- is the most important single word in a victims. Frankly, there appears to be ment to this Constitution. A constitu- crime victims protection amendment? across the United States, in every tional amendment is really only nec- Let me suggest it is ‘‘victim,’’ the word State of the Nation, a protection of essary when there is a concern that the ‘‘victim.’’ That is the group they seek crime victims. The obvious question of those who rights of the minority may not be re- to protect and honor and empower. Yet bring this amendment to the floor, spected by the majority. When there search, if you will, S.J. Res. 3, you will then, is, why is this necessary? Why do was first a suggestion of a Bill of not find a definition of the word ‘‘vic- we need to amend the Constitution of Rights, it was opposed by James Madi- tim.’’ the United States if existing State law son. He said: It is not necessary. The For those who are listening to the de- and State constitutional provisions al- original Constitution, as written, de- bate, who say, ‘‘How can that be a ready protect the victims of crime? fines what the Federal Government can problem? We know who the victim of There may be flaws in these State do, and therefore all of our rights as in- the crime is’’—are you sure? My daugh- amendments, State constitutional dividuals, as State governments, and as ter was assaulted. She was certainly amendments, State laws, but these local governments, are certainly ours the victim of a crime. As her father, flaws can be corrected on a State basis, and preserved. We do not need to add was I victimized? Some say: That is a stretch, we just as needed. any language preserving them, it is as- In addition, a statutory alternative mean the person who was actually as- sumed that they will be preserved. to this constitutional amendment can saulted. But as the Constitution was sub- reach all of the goals it seeks to Let’s try this from a different angle. mitted to the various States for ratifi- achieve. Indeed, there is legislation Let’s assume someone is a victim of a cation, more and more delegates came that has been proposed by the Senator back and said: We disagree. We want crime and is murdered. Are they the from Vermont, Mr. LEAHY, which I en- only victim of the crime? Is the spouse explicit protection. We want the Bill of thusiastically support, which would of the murdered victim also a victim? I Rights to explicitly protect the rights put in statute these crime victim pro- could certainly argue that. I could of American citizens, and we want to tections. I think this is the best way, argue a lot of other members of the spell it out. the most effective way, to deal with One of the primary arguments used family could be victims. this. for the validity of the Bill of Rights is Let’s consider this possibility. If you Let me give a few illustrations of that the first amendment, so often are going to empower victims to how complicated this situation can be- quoted for freedom of speech and press change the prosecution and the proce- come. Some of them are real-life sto- and assembly and religion, is often her- dure in a criminal case, think about a ries that give evidence of problems alded as the first amendment because battered wife. A battered wife, who has prosecutors have run into in States it was so important. A little reading of been the victim of domestic violence where individuals have the right to history shows us it was not the first for a long period of time and who fi- come forward and to assert their rights amendment in the Bill of Rights. The nally strikes back and assaults the as victims of crime. Let me give you first two amendments submitted to the spouse who has battered her, she is two of them. States in the Bill of Rights were re- then brought in on criminal charges of In Florida, a Miami defense lawyer jected. The third amendment, which is assault and battery, and the abusing tells of representing a murder defend- now our first amendment, moved up. spouse becomes a victim, too. Accord- ant who accepted a plea from the pros- The first two that were rejected related ing to this amendment, the abusing ecution. Of course, the acceptance of a to the question of reapportionment of spouse now has crime victim’s rights, plea is a decision that you will plead the Congress and the ability to be com- even though he was the one who bat- guilty under certain circumstances and pensated or receive additional com- tered his wife, giving rise to her re- waive the right to a trial. The judge re- pensation during the course of a con- sponse and retribution. It gets a little fused to accept the offer after the vic- gressional term. complicated, doesn’t it? tim’s mother spoke out against it. The That little footnote in history not- We know who a crime victim was— victim’s mother insisted that the withstanding, we value these 10 amend- someone who was hurt. When you start criminal defendant go to trial, despite ments in the Bill of Rights as special. playing this thing out, you understand the agreement by the Government and Then, beyond that Bill of Rights, why the authors of this proposed con- the defense that he would accept a concerns about the rights of the minor- stitutional amendment, despite 63 dif- plea. The client went to trial, was ac- ity rose again in the 13th and 14th ferent drafts of this amendment, have quitted, and released. amendments, when we repealed slav- never defined the word ‘‘victim.’’ Be- In the second case, in California, rel- ery, or in regard to the 19th amend- cause if you empower that victim to atives of a homicide victim complained ment and the provision of suffrage to slow down court proceedings or speed to a judge that a plea bargain between women. them up, to be notified, to be part of the prosecution and the defense was This amendment, however, does not the process, you had better take care too lenient. They got what they want- fit in that description. All but a very to understand who is going to receive ed, withdrawal of the plea and prosecu- small number of American politicians these rights and how these rights will tion of the man on murder charges. At

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2844 CONGRESSIONAL RECORD — SENATE April 25, 2000 the close of the trial, the defendant cence until guilt is proven. That is prudence—a hugely important aspect was acquitted and went free. something which is painful to stand by of good government—prudence said: In each of these instances, in each at times, but it is as American as the Well, why not have a bill of rights? And State, the victim or victim’s family as- Constitution which guarantees it. we have learned to be glad that we did. serted their rights to overturn a deci- I suggest to my colleagues in the Do my colleagues recall the impeach- sion by the prosecutor based on that Senate and to my friend, the Senator ment trial we went through a year ago? prosecutor’s evaluation of the evidence from New York, who I see is on the I was struck by the managers—fine and the likely outcome of a trial, and floor, that we should think twice be- persons all—but how little reference the net result of it was that the wrong- fore proceeding with this amendment they gave to the Constitution which doer ended up walking out of the court- to the Constitution. I will join my col- provides for impeachment. I may be house door without a penalty. leagues during the course of this de- mistaken—I hope I am—but I did not The suggestion that the victim’s in- bate in further discussion of the merits hear one reference to Madison’s notes volvement or intervention is always of this proposal. I yield the floor. which he kept during the Convention going to lead to a stiffer penalty is, The PRESIDING OFFICER. The Sen- in Philadelphia, or the notes of the one frankly, shown in these two cases not ator from New York. day in which the impeachment clause to apply. Mr. MOYNIHAN. Mr. President, I was settled. I also make note of the fact that, congratulate the distinguished Senator On that day, it was stated, for exam- during the course of this debate, those from Illinois for saying, but taking one ple, the most important impeachment who support the constitutional amend- exception, we ought to think twice of the age then was the impeachment ment, the Senator from Arizona, Mr. about this matter. Dare I hope we of Warren Hastings going on in Lon- KYL, and the Senator from California, might think once. It comes wholly un- don. Edmund Burke, well known here Mrs. FEINSTEIN, have said on occasion expected to us, a massive departure as a supporter of the colony’s rights, that this would in no way jeopardize from two centuries of constitutional managed the case by the House of Com- the rights of the accused; in other practice, a measure—one amendment mons in the House of Lords. The point words, that empowering and giving new which was longer than the whole of the was made by Mason that Hastings was rights to crime victims will not be at Bill of Rights, and there is not a single not accused of a crime. That was not the expense of the accused defendant. Member on the other side of the aisle why he was being impeached. It was Our Constitution is very clear when it listening, wishing to speak, present. abuse of office. Hence, we have the comes to criminal defendants, that There are three of us on the Senate term ‘‘high crimes and misdemeanors.’’ there are certain rights which shall be floor with the Constitution in our High crimes. protected. We, of course, know the hands in a matter of 27 hours—the cas- Now. Do my colleagues know what right to trial by jury, the right to con- ualness. the references were in that debate? front your accuser, and all of the rights George Will said on Sunday that we They were to Hollywood movies. And which have been cataloged over the were cluttering the Constitution. We do my colleagues remember Marlene years. do things palpably ill advised. In the Dietrich in ‘‘Witness for the Prosecu- When this constitutional amendment House, they put us on a 1-year balanced tion’’? Are we trivializing our oath to came before the Senate Judiciary Com- budget back into an agricultural cycle, uphold and defend the Constitution of mittee 2 years ago, I was a member of long since gone. There was no mention the United States against all enemies that committee. I offered an amend- whatever of the rights of the accused, foreign and domestic? It is scarcely to ment to this legislation in committee about which we were very concerned. A be believed. which said nothing in this proposed people should be concerned when Gov- Why are the seats empty on the other constitutional amendment shall dimin- ernment accuses someone, and that is side? I cannot be certain, but I offer a ish or deny the rights of the accused as why we have the Fourth, Fifth, Sixth, thought, and I would be happy to hear guaranteed under the Constitution. It and Fourteenth amendments. Then to differently. The administration is ne- was said over and over that is the case have this endless, tedious, complex gotiating with the sponsors because of this language and this proposal. Yet amendment about victims’ rights and, the administration has indicated a my attempt to put it into the amend- as the Senator says, no definition willingness to support this atrocity, ment was refused. I understand Sen- whatever of what a victim is. this abomination, this violation of all ator FEINGOLD of Wisconsin offered the I say to those not present on the op- we have treasured in two centuries and same amendment in committee this posite side—and there are, of course, more. time when it was being considered, and supporters on this side—the capacity of That the administration should do it, again, was refused. American culture in this stage to think this is something I could not imagine I As I stand here today, I suggest to of new forms of victimhood is unprece- would ever see. Yet we have it in writ- my colleagues that we are considering dented. It has been a characteristic of ing that they are prepared to do it. I a constitutional amendment which, the culture for a generation now to only hope the negotiations break down. though it is important, is not nec- find victims and to declare oneself a I shall have more to say at another essary. Before we amend the Bill of victim and demand compensation and time. But I just wanted to make this Rights in the United States of Amer- consideration therefore. It may become comment. Now I leave the floor. Our ica, it should be something that we all a permanent feature of American cul- revered senior Senator from Vermont believe, or at least the vast majority ture. I do not know. I doubt it. But it will be the only one remaining. I do not believes, is necessary. The existing is at high moment now and would this doubt he will have thoughts to dis- State constitutional protections of amendment—oh, my goodness. And for close. But even he will eventually find crime victims, the existing State stat- the law schools, yes, and for those who himself somewhat distracted by the utes all provide protection to the vic- design and build courthouses, oh, sure, fact that no one is listening. The dis- tims of crime. The suggestion that we and judges—there will be no more tinguished Presiding Officer is here. can pass a Federal statute which can judges held up in this Senate. We will But there will not be another soul be modified if we find it is not perfect need double the Federal judiciary in no present with such attention and energy gives us an option to do something re- time at all. as we take up a matter of the greatest sponsible without invading the sanc- How could we have come to the point possible importance, which is amend- tity and province of the Constitution of where we have so little sense of our ing the Constitution of the United the United States. history, as the Senator from Illinois so States. In addition, I suggest that protecting rightly said. James Madison did not Mr. LEAHY. Mr. President, if the dis- the rights of victims, as important as think a bill of rights was necessary tinguished senior Senator from New it is, must be taken into consideration since the Constitution only gave pow- York would yield to me before leaving? with base constitutional rights and ers, specifically enumerated powers, to Mr. MOYNIHAN. I am happy to yield. protections for the accused as well in the Federal Government. What it was Mr. LEAHY. I hope all Senators get a this free society, recalling the premise not given, it could not do. Still, George chance to read what the distinguished of criminal justice in America: inno- Mason and others persuaded him and Senator said. He is recognized as one of

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2000 CONGRESSIONAL RECORD — SENATE S2845 the foremost historians of this country thought it was pretty impressive— Committee here and in the House? It is and certainly of the Senate. He is so 10,000 votes. Even with all the unimpor- something that elemental. right: We are talking about amending tant ones, even after all of them, I did Sir, we are approaching a dangerous the Constitution, and nobody is here to not vote enough to have voted on all moment in the history of the Republic. talk about it. the proposed constitutional amend- As I leave the floor, as I am required I say to my friend from New York, ments. There have been 11,000. elsewhere, I leave the Senator from there have been 11,000 proposed amend- Our highly respected and beloved two Vermont who is alone defending the ments to the Constitution that have most senior Members of this body, Sen- Constitution of the United States. He been brought before the Congress. Arti- ator THURMOND and Senator BYRD, is alone on the Senate floor. There is cle V speaks of amending the Constitu- have cast 15,000 votes. They are about not a single person here who supports tion when necessary. the only ones who might have cast this monstrosity, this abomination, The Senator from New York is a far enough votes. But those votes encom- willing to come forward and say why. greater student of history than I, but passed all kinds of things. Does that not say something? does he think that by any stretch of Here we are talking about changing I thank the Chair and yield the floor. the imagination—we have had civil the Constitution at the drop of a hat. The PRESIDING OFFICER. The Sen- wars; we have fought in world wars; we Some of us—Republicans and Demo- ator from Vermont. have gone through Presidential assas- crats alike, conservatives and lib- Mr. LEAHY. Mr. President, I greatly sinations; we have done all these erals—ought to stand up and say: We appreciate the comments of the distin- things—we have ever come close to will pass statutes; we will experiment. guished Senator from New York. He 11,000 times in the history of this great If we are wrong, we will change the and I have been friends for over a gen- Nation where it has been necessary to statutes; we will change the law. But eration. I for one have learned from amend the Constitution? we will not amend the Constitution. No him and have been inspired by him. He Mr. MOYNIHAN. We have not, sir, as matter that the proposal comes from is so right on this. This debate is treat- is evidenced by the fact that I believe the left or the right, no matter what it ed as a matter of such passing moment we have done it 18 times including the is, we should not pass it unless it is, as that nobody is here. I want them to Bill of Rights, which was basically part the Constitution says, necessary. have a chance to come back. of the Constitution. This resolution is not necessary for I suggest the absence of a quorum Mr. LEAHY. I say to my friend from the security and for the continuation and ask unanimous consent that the New York, it is the Senate that is the of the world’s greatest democracy. time for the quorum be charged not saucer that cools the passions. That Mr. MOYNIHAN. May I just make a against any individual Senator but should make us slow up and look at closing remark. against the overall 30 hours. Not meaning to be disrespectful, but these things. The PRESIDING OFFICER. Without there is a joke, a witticism, if you like, I wonder what would have happened objection, it is so ordered. that says libraries file the French Con- if, say, during all those times, 10 per- The clerk will call the roll. stitution under the heading of periodi- cent of those amendments had gone The senior assistant bill clerk pro- cals: It comes; it goes; it comes; it through. That would be 1,100 amend- ceeded to call the roll. goes. ments. If 1 percent went through, there We have a treasure here, the oldest Mr. REID. Mr. President, I ask unan- would be over 100 amendments. What a written Constitution on Earth. It has imous consent that the order for the different country this would be with preserved a republic which is without quorum call be rescinded. much less democracy, if we would be a equal. There are two nations, the The PRESIDING OFFICER. Without democracy at all. United States and Britain, that both objection, it is so ordered. The first amendment in our little existed in 1800 and have not had their Mr. REID. Mr. President, I yield my pocketbooks of the Constitution is form of government changed by vio- time under the pending measure to the only four or five lines. The first amend- lence since then. We live in a world Senator from Vermont, Mr. LEAHY, 1 ment really protects the diversity of where a century ago there were ap- hour. I suggest the absence of a this country to make sure we remain a proximately, as I count, 8 nations on quorum and ask unanimous consent democracy, that we have the right to Earth that both existed then and have that the time during the quorum not practice any religion we want, or none not had their form of government be charged to either side at this time. if we want—both thoughts are pro- changed by violence since. The PRESIDING OFFICER. Without tected—that we can say what we want, If we are to trivialize the Constitu- objection, it is so ordered. that we can assemble and petition our tion because of passing enthusiasms The clerk will call the roll. Government. All of that is protected. about this economic theory, that eco- The senior assistant bill clerk pro- Yet we have something that, when we nomic theory, we risk the stability of ceeded to call the roll. print out this proposed amendment, this institution. Mr. FEINGOLD. Mr. President, I ask goes on for something like 60 lines. I make just one reference to the fact unanimous consent that the order for I am a lawyer. I loved doing appellate that several years ago we passed a law the quorum call be rescinded. work. The distinguished Presiding Offi- providing for a Presidential line item The PRESIDING OFFICER. Without cer is a distinguished former attorney veto on legislation. It was elementally objection, it is so ordered. general. I am sure he would love to do unconstitutional. The Senate passed it. Mr. FEINGOLD. Mr. President, I rise appellate work. I can tell you right The House passed it. The President to oppose S.J. Res. 3, the victims’ now, this is a lawyer’s dream. We signed it. rights constitutional amendment. I might as well quadruple the number of Three of us—our revered senior agree with the goals of the proponents courts, the number of judges. They Democratic Member, Senator BYRD, of the amendment. We have to do more would not keep up with the appeals Senator LEVIN, and I—brought suit in to protect and enhance the rights of that would come just from this one the U.S. District Court for the District victims of crime. But I disagree with amendment alone. of Columbia, which in good time held the particular means they have chosen It is hard for me to emphasize that the line item veto was indeed un- to bring about that end. We do not enough, and I hate to hold up the Sen- constitutional. The government ap- need to amend the Constitution to pro- ator from New York on this, but there pealed to the Supreme Court that as tect victims. We can protect the rights is nobody else here to express my frus- members of Congress we did not have of victims by enforcing current State tration to. the requisite standing. and Federal laws. We can protect the Mr. MOYNIHAN. Please. Then in the following term, the veto rights of victims by providing the need- Mr. LEAHY. He and I are on the same had been exercised. We clearly did have ed resources to prosecutors and courts side of this. I have the privilege, as I standing. We went there as amici. And, to allow them to enforce and comply said earlier, of being the 21st Member bang, the Court said: This is unconsti- with existing laws. We can protect the of the Senate, in all its history, to cast tutional. rights of victims by enacting addi- 10,000 votes. Some votes were impor- Does the President not have lawyers? tional statutes, if needed, to deal with tant; a lot were not important. But I Are there no counsel on the Judiciary remaining concerns or any issues that

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2846 CONGRESSIONAL RECORD — SENATE April 25, 2000 might arise in this regard in the fu- When it comes to victims’ rights, we proved over time. A constitutional ture. are far from exhausting those statu- amendment cannot easily be modified. The framers of the Constitution tory alternatives. We currently have Changing it at all—even one letter of made the process of amending the Con- Federal and State laws protecting vic- it—would again require the approval of stitution very difficult. Those who pro- tims. Indeed, many States have passed two-thirds of the Congress and ratifica- pose to change that long-lived and suc- their own constitutional amendments tion by three-fourths of the State legis- cessful charter bear a heavy burden. I to protect victims, including my own latures. This is a real problem in this have thus opposed proposals to amend State of Wisconsin—a proposal that I case because there are numerous uncer- the Constitution, and especially the voted for when I was in the Wisconsin tainties about the effect of this amend- Bill of Rights, even when the subject of State Senate. ment. Even the sponsors are finding the amendment was very close to my According to the proponents of this things they want to change. Each time heart, as it was with the recent pro- constitutional amendment, these exist- this amendment has been brought be- posal to amend the Constitution to ing laws are not being fully enforced. I fore the Judiciary Committee, it has allow for mandatory campaign spend- would say we should therefore see to it been different. In fact, the amendment ing limits. Similarly, I believe deeply that the existing laws are enforced. Let was modified as recently as last spring in the need to ensure that our criminal us enact legislation to improve the ex- when we marked it up in the Constitu- justice system treats victims fairly, isting law, and let us provide the need- tion Subcommittee. At that time, my but I do not believe we have to amend ed resources to prosecutors and courts good friend, Senator ASHCROFT, suc- the Constitution to do so. to comply with existing laws. That is cessfully offered an amendment to in- Throughout history, Members of Con- where the real struggle lies. Only when clude the rights of victims to be in- gress have thought of more than 11,000 we have exhausted these legislative volved in the pardon process. Such a different ways to amend the Constitu- avenues should we possibly consider a change has inspired a good deal of crit- tion—as of this last recess, 11,045, by constitutional amendment. icism from the executive branch, which one count. Luckily, only 27 have be- Let’s address this important issue is concerned with its impact on the ex- come part of our national charter. Ten one step at a time. Statutes protecting clusive power of the President to grant of those, the Bill of Rights, were part victims are on the books in each and pardons. of the package of ratification, and two, every State. Amendments to State con- Whatever one thinks of the change to the ones on prohibition, canceled each stitutions have been adopted by at the amendment, it is the sort of thing other. Three others followed the enor- least 31 States. At the Federal level, that ought to give us pause when we mous upheaval of the Civil War and ad- prudent legislation has already been are dealing not with a statute but with dressed the wrongs of slavery and in- enacted and additional legislation pro- what is likely to be a permanent con- equality that spawned that conflict. posed. Let us work with the current stitutional amendment. What if Sen- But the pace at which Members have law and proposals to improve our Fed- ator ASHCROFT had not realized that introduced and proposed amendments eral laws. In fact, additional statutory this change was needed until after the has picked up in modern times. More protections for victims have been in- pending proposed constitutional than half of the constitutional amend- troduced during this Congress by amendment was already adopted? What ments proposed in the entire lifetime Chairman HATCH and by the ranking if, instead, we had approved the vic- of our Nation have come in the last 40 member and Senator KENNEDY. I be- tims’ rights amendment in the last years. Fewer were proposed in the first lieve these represent the right direc- Congress, as I am sure its sponsors 173 years of our Nation. This Senate tion in which to go. would have preferred? Then, to change has now considered three so far in this Chairman HATCH has introduced the the amendment, Senator ASHCROFT session alone—and the year is still Victims’ Rights Act of 1999. Senators would have been required to get two- young. LEAHY and KENNEDY have introduced thirds of the Congress and three- In a sense, there is a certain lack of the Crime Victims Assistance Act. Sen- fourths of the State legislatures to humility about proposing so quickly to ator LEAHY announced an improved agree to the change. amend the Constitution. To propose to version of that bill, taking into ac- The pardon issue isn’t the end of the change the Constitution now is to say count many suggestions made by the matter. Other Senators have raised we have come up with an idea that the chairman of the Judiciary Committee. concerns about the specifics of this framers of that great charter did not, I understand Senator LEAHY will offer amendment; for example, its focus on or that we have come to a conclusion his bill as a substitute to this constitu- the victims of violent crimes rather on how our Government should work tional amendment, if the majority than all victims of crime. If any fur- fundamentally different from the one leader allows Senators to exercise their ther changes are needed, we will have they had and fundamentally different traditional rights to offer amendments. to, again, go through the lengthy and from the one all the Congresses since Enforcing and enacting comprehen- difficult process of amending the con- have had. We should come hesitantly, sive Federal statutes is the best way to stitution. I have no doubt that further if we do, to the conclusion that we protect victims. The Leahy-Kennedy changes will be necessary. I have heard know better than they did. Yes, there bill will accomplish the same goals the the main authors of this constitutional will come occasions where times have proponents of this amendment want, amendment saying with some pride changed, as with women’s right to but it will do it faster and also protect that there have been 63 versions of this vote, and we need to bring the Con- the integrity of the Constitution. The amendment. They offer that as a sign stitution up to date; but it is hard to Leahy-Kennedy bill includes the right that this is a very well-honed, carefully consider the basic calculus of pros- for a victim to be heard at the deten- drafted piece of legislation or amend- ecutor, defendant, and victim to have tion and sentencing stages, the right to ment. What I suggest it means is that changed this much since the founda- be notified of escaped or released pris- it is highly volatile, likely to change, tion of the Republic. oners, and the right to be heard during and likely to be inappropriate for the I have to admit that of the constitu- consideration of a plea agreement. Constitution, even after it is ratified, tional amendments I have seen pro- These are sensible protections that vic- given all the changes that have been posed in recent Congresses, this is less tims can see take effect in only a mat- made and the problems with it. This objectionable in some respects than ter of weeks—the time it takes for con- constitutional amendment really reads most. But I still have significant con- sideration and passage of a statute— as a statute. It is almost as long as the cerns about the prospect of amending not years from now when maybe two- entire Bill of Rights. It is full of terms the Constitution, even for this very thirds of the Congress approves and and concepts that will undoubtedly worthy purpose. We must use the con- three-fourths of the States ratify a provoke years of litigation and years of stitutional amendment process spar- constitutional amendment. attempts to overturn a court decision ingly. Before taking the grave step of Another reason I oppose this measure that one group or another doesn’t like. amending our country’s founding char- is that a constitutional amendment, as It even contains an extraordinary ter, we have to make sure we have ex- you well know, is far less flexible than clause that might be called the ‘‘emer- hausted all statutory alternatives. a statute when provisions must be im- gency eject button.’’ The Government

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2000 CONGRESSIONAL RECORD — SENATE S2847 can ignore the amendment. Remember, amendment contains language that ex- I urge my colleagues to join me in this language will be in the Constitu- plicitly forbids victims’ rights from supporting prudent, statutory safe- tion. The Government can ignore the impairing the rights of the accused guards for victims. But I urge my col- amendment to achieve a ‘‘compelling that are otherwise guaranteed by law. leagues to vote against this victims’ interest.’’ Unfortunately, the victims’ rights rights amendment to the Constitution. What if the prosecutors in a high-pro- amendment before this body does not (The remarks of Mr. FEINGOLD per- file case sought to avoid the impact of contain a similar provision. taining to the introduction of S. 2458 the amendment and the courts deter- For that reason, I offered an amend- are located in today’s RECORD under mined the justification they gave did ment during the Judiciary Committee ‘‘Statements on Introduced Bills and not rise to the level of a compelling in- markup that would have included a Joint Resolutions.’’) terest? If we, as a Congress, agreed clarification similar to the Wisconsin Mr. FEINGOLD. I suggest the ab- with the prosecutors, we would not be language. It is troubling and puzzling sence of a quorum. able to pass a statute to override that to me that the majority of the Judici- The PRESIDING OFFICER. The judicial ruling because it would have to ary Committee did not agree with that clerk will call the roll. actually pass a constitutional amend- amendment because they stated over Mr. THOMPSON. Mr. President, I ask ment to deal with the problem. and over again in defense of this unanimous consent that the order for It is clear that despite years of effort amendment that it would in no way the quorum call be rescinded. The PRESIDING OFFICER. Without that have gone into this amendment, it derogate the rights of the defense. If will have to be fine-tuned in the future. objection, it is so ordered. that is so, why did they oppose such a Mr. THOMPSON. Mr. President, I We fine-tune statutes all the time, but simple clarification that we found so want to address the pending so-called we all know constitutional amend- useful when passing a similar provision victims’ rights constitutional amend- ments can’t really be fine-tuned. That in Wisconsin? ment. is a big problem the Senate needs to When, in the wake of the Boston There is no question but that there face up to. massacre, John Adams defended the are instances when victims of crimes in This amendment also poses major British soldiers accused of committing this country are not heard as they federalism problems. I am troubled this the killings there, he said: should be heard. Our criminal justice amendment could well result in exten- [I]t [is] more beneficial that many guilty system does not work perfectly. But sive oversight of State criminal justice persons should go unpunished than one inno- these duties are given to local judges systems by the Federal courts. Victims cent person should suffer. and local district attorneys. They are who believe their rights have not been Surely, if there is a central pillar of elected officials. In most cases, they recognized in State court proceedings the American system of justice, this is are responsible to the people in their will undoubtedly file lawsuits in Fed- it: Above all, we must protect the jurisdictions. It is in their interest to eral district courts. Federal courts will rights of the innocent. make sure victims are treated appro- end up second-guessing the decisions of That is why our Constitution en- priately. State prosecutors or judges about how shrines limitations on the State and Certainly, in most cases, the defend- long a case took to get to trial or what protections of the individual whose lib- ants are not the ones who have the victim should be notified of a bail hear- erties the State would seek to curtail. public support on their side. It is cer- ing. That is why the Conference of Sadly, even with our manifold pro- tainly the victims. In most cases, it is Chief Justices, representing the chief tections for the rights of the accused, in the interest of those charged with justices of the supreme courts of all of history has demonstrated that time the responsibility of notifying victims our States, oppose this amendment and and again America has on occasion of proceedings in court and treating strongly prefer that we deal with this brought innocence itself to the bar and them as they should be treated in car- problem statutorily. condemned it to jail or even to die. rying out those responsibilities. The State chief justices have also ex- Many proponents of the amendment Having said that, we must acknowl- pressed concern that this year’s before the Senate today state categori- edge that some things slip through the version of the amendment, as opposed cally that the rights of victims and the cracks. We have a constitutional to previous versions, allows Congress, rights of the accused can comfortably amendment that is proposed basically but not the States, to pass legislation coexist. They claim the amendment to cover those instances when these implementing the amendment. They would not reduce the rights of the ac- local officials let things slip through appropriately note that the States can cused. They may be right, although I the cracks and victims are not notified better determine what laws are needed fear that cases may arise where judges of court dates or sentencing or parole to implement the amendment, as it is will believe that to give the amend- hearings. The sentiment is understand- the operation of their own criminal ment force will require a lessening of able, but if we look a bit closer, we justice system that is really at issue. protections for the accused. Be that as have to conclude that a constitutional But that would again lead to precisely it may, the proponents of this amend- amendment to address this problem is the patchwork of laws and protections ment have refused to make this protec- not the way to go. It is constitutional varying from State to State that the tion of the rights of the accused crystal overkill, to say the least. sponsors of this amendment wish to clear by writing that intent into the All 50 States have recognized we can avoid and claim is the reason they need amendment itself. Until they do, it is do better in terms of victims, we can a constitutional amendment. not unreasonable for Senators to fear notify them when important things I cannot emphasize enough that I am that this constitutional amendment in happen with regard to the trial of a de- deeply committed to protecting the some cases would actually end up cur- fendant, and all 50 States have passed victims of crime. As a State senator in tailing the legitimate rights and lib- legislation, constitutional amend- the Wisconsin State Senate in 1991, I erties of defendants in courts of law. ments, or both, to address this prob- voted in favor of amending the Wis- For those who believe in individual lem. consin State Constitution to include freedom and civil liberties, this should Even still, we in Washington, DC, say protections for victims. As I have be troubling, indeed. we are going to pass a constitutional noted, most States have a State con- The Constitution should be modified amendment, in effect mandating—an stitutional protection for victims, and sparingly, where no other alternative unfunded mandate at that—mandating every State in the country has at least provides an adequate solution. That these States behave in certain ways to a statute to protect victims. showing has not been made. The laws take care of this problem. I draw my colleagues’ attention to on the books now should be fully en- People say: State laws and State con- the example of Wisconsin because the forced. Courts and prosecutors should stitutions still do not always work. Wisconsin State Constitution repeat- be given the resources they need to There are still some cases where people edly clarifies that the rights granted to protect victims under current law. are not notified, even though the State the victim in the Wisconsin Constitu- Congress and State legislatures should constitution and the State statute re- tion are not intended to diminish the enact additional legislation where quire it. A constitutional amendment rights of the accused. The Wisconsin needed to give additional protection. will, in some way, solve that problem.

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2848 CONGRESSIONAL RECORD — SENATE April 25, 2000 I suggest there is no reason to believe The district attorney may say: Yes, one defendant for more lenience in ex- whatsoever that in individual cases we did give you notice. change for testimony against another where this problem still persists, a They may say: No, you did not. defendant. All of these are discre- Federal constitutional amendment will The district attorney may say: Yes, tionary things that in our system we do any better than a State constitu- we did. give local district attorneys the right tional amendment will do in ensuring They may say: It was not reasonable to do. those rights. notice. It is basically a system involving two I believe this amendment will inter- The prosecutor may say: We gave you parties; that is, the State, or the peo- ject complexity into the judicial proc- so many days. ple, on the one hand, and the criminal ess, will cause increased litigation, and All of these issues ultimately will defendants on the other. will actually have the effect of harm- have to be decided by a court that What this constitutional amendment ing victims more than helping victims. should be devoting its attention to the would do is change that whole system The primary interest of a victim of a proceedings in the case, along with the in many material respects. Instead of crime is to make sure a guilty defend- district attorneys devoting their atten- having a two-party system, where you ant is, in fact, found guilty and prop- tion to prosecuting the defendant and have a prosecutor, or the State, or the erly punished. This constitutional not having these collateral issues mak- people, and a criminal defendant, you amendment will make the procedure ing their job that much more difficult. would now have three parties. You by which the DA’s around the country To understand the potential mischief would have the prosecutor, the defend- are trying to prosecute these defend- of this constitutional amendment, I ant, and the victim. ants more complex, more costly, more think you have to really understand At every meaningful stage of the time consuming in many respects, and our system and the way it is set up criminal trial, you would have all of ultimately will harm the very end in under the Constitution. these three parties vying for the which the victim is most interested, The Constitution was mindful of the court’s attention to have their inter- and that is seeing justice done and a inherent problems with a centralized ests expressed. It is complicated guilty defendant found guilty by our government. Our founding forefathers’ enough, as anybody who has ever been court system. experience with a powerful govern- a prosecutor, an assistant U.S. attor- This constitutional amendment gives ment, with a king, led them to decide ney at the Federal level or assistant nine new rights to a new category of we would have a federal system where- district attorney, can tell you. people. The Constitution sets out our by the States would have certain It is complicated enough when you form of government. The Bill of Rights rights. They decided against a national just have two parties. You are trying basically is restrictions on the power of police state. We have certain defined to do the right thing. You are trying to that Government. It tells the Govern- Federal responsibilities with regard to prosecute the case. For the person who ment things they cannot do because we law enforcement. But there is no inher- you believe is guilty, who has been in- have been mindful of the down sides of ent police authority in the Constitu- an all-powerful federal government. We dicted, you are going to bring them to tion for the Federal Government. The have set forth specific things the Gov- trial. The defendant has not been con- basic police authority is out in the ernment may not do toward individ- victed yet, but you believe they are States. We do not want a national po- uals. That has usually been the purpose guilty or you would not be prosecuting lice force in this country or a central- of amendments to our Constitution; them. But you also know the limita- ized policing authority for every kind that is, again, limiting the Govern- tions of your case. of crime that might occur. Murder, ment in what they can do with regard You also know how many other de- robbery, rape, burglary—those are to the individual. This constitutional fendants there are out there. You also crimes that are handled at the State amendment creates nine new rights on know whether or not this guy you have level. behalf of a new category of people; that before you is a small fry or a big fish. Mr. President, 95 percent of the of- is, so-called victims. You also know there might be a chance It has taken, in some cases, 200 years, fenses in this country are prosecuted at of getting to someone bigger. or thereabouts, to have our courts pass the State level, not the Federal level. All those kinds of things you know on the issues that have come about be- That is not the Federal Government’s are very complicated, very difficult. cause of the wording of our Constitu- business. Absent the relatively few The defendants file motions for con- tion and the wording of the Bill of truly Federal criminal cases that we tinuances. The defendants file motions Rights—what is a reasonable and un- have, these State offenses are pros- to suppress evidence, if there is a reasonable search and seizure, for ex- ecuted at the State level. They are search warrant involved. There are mo- ample. prosecuted by district attorneys and tions to dismiss and all those kinds of This will, in language that is more assistant district attorneys all over the things. lengthy than most of the amendments country. They are given a good deal of Here we come along with this con- in the Bill of Rights, create additional discretion as to how they handle these stitutional amendment and inject a complexity and raise additional ques- cases. third party into the process, third par- tions that can only be resolved by Mind you, in most cases these people ties who certainly have an interest in courts of law. It will be many years be- are elected officials in their local com- the outcome, third parties who are al- fore issues as to how this works are re- munities. They have every reason to lowed to attend, third parties who solved. Who is a victim, how do you de- want to do the right thing. They take want to see that justice is done. But a fine a victim? For example, suppose we an oath to uphold the law. They have constitutional amendment would not have a battered woman who is on trial an interest in making sure everybody just say, let’s give these third parties for stabbing her husband. What if she is is treated fairly. It does not always these rights, let’s try to do them right, the defendant? What if the husband happen, but it is a system we are deal- let’s try to make sure they have their was, in fact, attacking her? Who is the ing with here. We cannot address every voices heard; we would, by amendment, victim in that case? The reasonable no- particular instance that might come put this in the Constitution of the tice victims are supposed to get to along. It is a system with which we are United States, just like the first court proceedings, it sounds good on its concerned. amendment on free speech or the fifth face, but what is reasonable notice? We This is our system. District attor- amendment on due process or the sixth have hundreds and hundreds of cases of neys decide when to plea bargain. Dis- amendment on the right to counsel. trying to decide what is reasonable. trict attorneys have to decide how We would elevate the rights of a vic- In another context, what if a victim strong their case is. Only they will tim, with whom we are all sympa- is not notified of a court proceeding on know how strong their case is, in mak- thetic, up there with the prosecutor time? Or what if they say they are not ing a decision whether to accept a plea and the defense in trying to juggle all but perhaps they have been? They may bargain. of this business of giving notice and come in and say: This proceeding you Sometimes, when you have multiple having a right to be in the courtroom have just finished, I did not get notice defendants, district attorneys have to at every stage of the game. The judge of it. make a decision to make a deal with is going to have to decide whether or

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2000 CONGRESSIONAL RECORD — SENATE S2849 not notice has been given correctly at est of justice to have the other wit- To appear responsive to every highly all the right times, whether or not the nesses sitting there listening to that so publicized societal ill or sensational right people are in the courtroom. All when they get on the witness stand, crime, the Congress acts in these areas this new complexity injected in an al- they are not tempted to tailor their and creates more and more Federal ready complex system. testimony and avoid any contradic- crimes out of what should be State and As well meaning as it is, I think the tions that the other side might take local offenses. result of it is going to be, as I said, advantage of. It is kind of a horn book We have reached the point where no- more complexity, more litigation for procedure. body really knows how many Federal people who believe the Constitution What this amendment would do crimes now exist. Nobody can really has not been followed, that they have would say that the victim could sit in calculate them, but we keep piling not been given the right kind of notice, the courtroom and listen to all of the them on, more and more. We have un- or they were late for court and they did other witnesses testify. If the pros- doubtedly surpassed an old estimate not get to sit in the courtroom, or ecutor decided to put the victim on that we had awhile back of 3,000. A something of that nature. It is going to last, they could listen to every one of hearing I chaired last year reviewed an wind up hurting the ultimate interest the witnesses testify before the victim American Bar Association task force of victims more than helping. in the courtroom took the stand. That report from leaders in the criminal jus- Under the constitutional amend- goes against experience and common tice system who counseled restraint in ment, the victim, as we would ulti- sense and common practice for about federalizing crime control. mately define a victim—as I said, it is 200 years in this country. We have to Justice Brandeis once said: not going to be that easy in many keep in mind that at this stage of the Denial of the right to experiment may be cases—would have a right to come in game, this defendant has not been con- fraught with serious consequences to the Na- and object to a deal the district attor- victed of anything. As angry as we tion. It is one of the happy incidents of the ney might want to make. might be at the defendant or as much federal system that a single courageous Only the district attorney may know as we think he might be guilty, we State may, if its citizens choose, serve as a certain information. For example, let’s have to remember he hasn’t been con- laboratory; and try novel social and eco- say there is a gang involved and you victed of anything. In this country, ev- nomic experiments without risk to the rest of the country. have one cooperative witness. When erybody gets a fair trial. the victims come in and object to the If one of our loved ones was accused That is the system we have. States deal, the district attorney cannot of something and we thought the ac- address these issues in different ways. stand up and say, this is the reason we cuser had their own reasons for accus- Why should we, as the Federal Govern- are doing this, because everybody else ing our loved one and we saw them sit- ment, impose one size fits all on a pop- would hear it. It would compromise ting in the courtroom listening to all ulace that is not in agreement on ex- possibly another case. the witnesses talk about exactly how actly what that should be? Why should Or if the victim comes in and objects this happened and exactly how that the States not have the leeway to do to a plea bargain with a particular de- happened and then they took the stand what States have always done in our fendant, the district attorney cannot and kind of melded all the testimony system? get up and say, the reason we did this, together to make it all consistent and Last but not least, this is a solution Your Honor, is we really do not have wrap it up in one big bow, I think we looking for a problem for the most much of a chance, and we are lucky to would be concerned about that. The part. Every State in the Union has ad- get this. He cannot do that because he trial judge at least ought to have the dressed this issue. We have become may have to, in fact, go to trial. As discretion of making a determination more mindful that in some cases vic- happens sometimes, the judge is sym- as to who sits in the courtroom and tims are not getting the attention they pathetic and says: We agree with the who does not. The Federal Government need. So every State in the Union has victim. We are not going to accept this does not have any business microman- taken a look at this. We think the sys- deal. aging the trial of these lawsuits in tem works out pretty well. For the The district attorney is sitting there, every general sessions court in every most part, our public officials are unable to explain it fully on the one little town in the country. That is doing what they are supposed to do. hand and then, on the other, having to what this constitutional amendment Some States have gone so far as to go to trial, and in some cases, when in would do. change their constitutions. Some States that have such rules, has gone It would upset the balance we have States in the middle have passed legis- to trial and actually lost the case. So always had in this country of a pros- lation. But every State, one way or an- the attorney, instead of getting some ecutor, a defendant, tried in a State other, has addressed this, doing what punishment for a guilty defendant, has court with local rules. There have al- States are supposed to be doing, re- actually had to go to trial and at the ways been constitutional provisions sponding to the demands of their local trial, you have to prove guilt beyond a the States have to abide by—there is citizens. My State of Tennessee reasonable doubt—a high standard of no question about that—free speech, changed its constitution with regard to proof—and the defendant walks be- search and seizure, all of that, but we this. There is absolutely no need for us cause they were unable to make the don’t have a unitary government, we to federalize this particular area of deal that they were trying to make. have a system of federalism whereby criminal law. Under this amendment, there is a States decide these local cases and Finally, my primary concern, besides provision that is extremely trouble- State judges make those decisions. We the ones of upsetting our constitu- some; that is, that it becomes a con- come along with a constitutional tional framework and system that we stitutional right for a victim to be in amendment that creates nine new have enjoyed in this country for so court at all times during the pro- rights, about 21⁄2 pages of new Constitu- long, is that—because of the com- ceeding. In most cases, in just about all tion, and goes totally away from the plexity, because of the increased litiga- States at one time, it was the rule. In concept that we have had for 200 years tion and problems that we can’t even fact, they just call it the rule. Every in this country, the concept of fed- anticipate now with a three-party pro- lawyer knows when you are trying a eralism. cedure instead of a two-party proce- case, you say: Your Honor, I would like I think this proposal is another step dure, questions that will have to be re- to impose the rule. When that happens, down the road toward a Federal take- solved by courts not knowing what all of the other witnesses leave the over of our criminal justice system. kind of delays all this is going to courtroom because you don’t want For most of America’s history, Federal produce and messing up our system and your witnesses to be hearing other wit- involvement in criminal law was lim- so forth—we will wind up in many nesses testify. It might tailor their tes- ited to national issues. Yet in this age cases hurting a victim’s interests more timony. If somebody on your side of of mass media and saturation coverage, than we will help them. As I said from the case is testifying a certain way Congress and the White House are ever the outset, the victim’s primary inter- about how something happened, it eager to pass Federal criminal laws. est is to make sure that a defendant makes sense that it is not in the inter- Chief Justice Rehnquist has said this. who is guilty in fact be found guilty in

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2850 CONGRESSIONAL RECORD — SENATE April 25, 2000 a fair, efficient way that is uncompli- Despite these efforts by Congress and this amendment provides an appro- cated, uncluttered, and that does not the States, I am very concerned that priate level of flexibility to the States. go on forever. the United States Constitution does Specifically, this amendment would Therefore, I urge that we reject this not protect the rights of victims and allow the States to pass legislation to constitutional amendment. I thank the promote their involvement in the define ‘‘victims of crime’’ and ‘‘crimes Chair. criminal justice process. In my view, of violence.’’ It would also allow States Mr. LEAHY. Mr. President, I com- the Crime Victims’ Rights Amendment to determine the degree of ‘‘reason- pliment the Senator from Tennessee is the most effective way to address the able’’ notice to public proceedings or for what he said. He is a very thought- current imbalance between the rights the release or escape of a criminal of- ful Senator with great respect for what of defendants and victims within the fender that will be provided to crime the Senate’s role is in our whole Fed- Constitution. As a constituent from St. victims. eral system. We miss him on the Sen- Paul recently wrote, the proposed Ultimately, it will be three-quarters ate Judiciary Committee. I think that amendment will, ‘‘Prevent victims of the States that must decide whether can be fairly said by Senators on both from being victimized twice. First, by to consider and ratify this amendment. sides of the aisle because of his the crime, then by the judicial system Passage of this amendment will not thoughtful involvement and debate. I when they learn that those accused impose any rights upon the States note that when he was there, he raised have all the rights.’’ These concerns without careful and lengthy consider- similar issues. His voice was one that are shared by the Department of Jus- ation by the State legislatures. In fact, helped shape the debate. I thank him tice, constitutional scholars, and var- this amendment has been endorsed by for it. I compliment him for it. ious victim advocates such as the Na- 49 of our nation’s Governors, the elect- Mr. KOHL. Mr. President, I under- tional Center for Missing and Exploited ed officials who are most concerned stand that under the cloture rules, I Children. about unnecessary federal mandates am afforded 1 hour of debate time. I The proposed constitutional amend- being imposed upon the States. Addi- designate Senator DASCHLE to control ment to protect the rights of crime vic- tionally, the Congressional Budget Of- my hour. tims is not a new concept. As my col- fice (CBO) has indicated that this Mr. GRAMS. Mr. President, I rise leagues may know, it was first rec- amendment will not impose additional today in support of S. J. Res. 3, the ommended in 1982 by President Rea- costs upon the States. proposed constitutional amendment to gan’s Task Force on Victims of Crime. I also understand the concerns of establish certain rights for victims of Since its initial introduction during those who suggest that the Crime Vic- violent crime. I am proud to be a co- the 104th Congress, Senators KYL and tims’ Rights Amendment will dis- sponsor of this important legislative FEINSTEIN have worked tirelessly to advantage defendants during court pro- proposal introduced by Senators KYL improve this proposal and preserve the ceedings. However, the amendment and FEINSTEIN. rights of defendants and the authority does not deprive the accused of any of I have always cherished the basic of prosecutors. Importantly, the Crime their constitutional rights. It would freedoms established by the United Victims’ Rights Constitutional Amend- ensure respect and basic fairness for States Constitution. This precious doc- ment received strong, bipartisan sup- crime victims through a constitutional ument provides important rights to port upon its passage by the Senate Ju- right to be notified of court pro- every American—rights which have en- diciary Committee earlier this month. ceedings; to attend all public pro- couraged their active participation in I would not support a proposal to ceedings; to be heard at crucial stages the functions of our Republic. For ex- change the fundamental character of in the process; to be notified of the of- ample, the First Amendment encour- the Constitution or eliminate the basic fender’s release or escape; to consider- ages free speech and association, while freedoms that it provides to Ameri- ation for a trial free from unreasonable the 19th and 26th Amendments were cans. However, I also believe that the delay; to an order of restitution; to ratified to protect the voting rights of rights of crime victims are not trivial have the safety of the victim consid- women and eighteen-year-old citizens. to the needs of our nation and are wor- ered in determining a release from cus- As we debate the merits of the pro- thy of protection under the Constitu- tody; and to be notified of these basic posed Crime Victims Constitutional tion. Passing additional laws or state rights. Amendment, I am reminded of the con- constitutional amendments that may In proclaiming the first ‘‘Victims stitutional rights guaranteed to per- be ignored by federal and state court Rights Week’’ in 1981, President sons accused of crime. These include comes at the expense of those who have Reagan stated, ‘‘For too long, the vic- the right: to a speedy and public trial fallen victim to violent crime and who tims of crime have been the forgotten by jury; to know the nature of the ac- expect equal justice from the criminal persons of our criminal justice system. cusation; to confront witnesses; to justice system. Rarely do we give victims the help counsel; and rights against excessive In addition, we must not forget that they need or the attention they de- bail, fines, or cruel or unusual punish- many crime victims are afraid of being serve. Yet the protection of our citi- ment. These rights promote the in- victimized again and face retaliation zens—to guard them from becoming volvement of the accused in court and by criminal offenders. We must ensure victims—is the primary purpose of our should not be diminished by Congres- that victims feel respected throughout penal laws. Thus, each new victim per- sional action. the criminal justice process. I believe sonally represents an instance in which In recent years, Congress has enacted establishing certain constitutional our system has failed to prevent crime. legislation that seeks to establish cer- rights for crime victims will help to Lack of concern for victims compounds tain rights for victims of crime, includ- encourage greater reporting of crimes that failure.’’ ing the 1990 Victims Rights and Res- and cooperation with law enforcement. Mr. President, I firmly believe that titution Act, which required federal The Crime Victims’ Constitutional the Crime Victims’ Rights Amendment law enforcement agencies to make Amendment would allow for greater will help to restore public confidence their best efforts to ensure that crime participation in the criminal justice in the criminal justice system and give victims are treated with fairness and system in a manner completely con- crime victims the protection they de- respect. Most recently, we enacted the sistent with constitutional amend- serve. The high number of crime vic- Mandatory Victims Restitution Act of ments that have established a citizen’s tims in our society underscores the 1996 and the Victims Rights Clarifica- right to participate in other govern- need to pass this amendment and send tion Act of 1997, which sought to allow ment processes. it to the States for their careful con- crime victims to observe court pro- I respectfully disagree with those sideration. I urge my colleagues to sup- ceedings even if they were expected to who suggest that the Crime Victims’ port passage of this important public testify during the sentencing hearing. Constitutional Amendment conflicts safety initiative. Additionally, all fifty states now have with the principle of federalism. As Mr. MOYNIHAN. Mr. President, as either constitutional amendments or someone who has worked to maintain the Senate once again considers an statutes that seek to protect the rights the distinction between federal and amendment to the United States Con- of crime victims. state responsibility, I am pleased that stitution, this time to protect the

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2000 CONGRESSIONAL RECORD — SENATE S2851 rights of crime victims, I ask that government to certain ends and certain ways high, as they carried on their way of George Will’s column from Sunday’s of pursuing them. Government, they life or carried their culture to new Washington Post be printed in the thought, existed to secure natural rights— lands. The strength and pride in Arme- rights that do not derive from government. RECORD in its entirety. He offers a nian heritage have kept alive the mem- Thus the Bill of Rights consists of grand neg- well-reasoned analysis of the concerns atives, saying what government may not do. ory of those who perished in the geno- the proposed amendment raises. But the Victims’ Rights Amendment has, cide. I rise today to pay tribute to that There being no objection, the column Pilon says, the flavor of certain European strong, proud heritage. was ordered to be printed in the constitutions that treat rights not as lib- As a constant symbol of the strength RECORD, as follows: erties government must respect but as enti- and perseverance through which op- [From the Washington Post, April 23, 2000] tlements government must provide. pressed peoples survive, the Armenian (By George F. Will) There should be a powerful predisposition genocide must serve as a reminder that against unnecessary tinkering with the na- TINKERING AGAIN tion’s constituting document, reverence for we must never forget the atrocities of Congress’s constitutional fidgets continue. which is diminished by treating it as malle- the past, lest they be repeated. For the fourth time in 29 days there will be able. And all of the Victims’ Rights Amend- The Senate Immigration Sub- a vote on a constitutional amendment. The ment’s aims can be, and in many cases are committee, which I chair, recently House failed to constitutionalize fiscal pol- being, more appropriately and expeditiously icy with an amendment to require a balanced held hearings on the status of Albanian addressed by states, which can fine-tune budget. The Senate failed to eviscerate the refugees in Kosovo. I must say that I their experiments with victims’ rights more First Amendment by empowering Congress was impressed with the strength and easily than can the federal government after to set ‘‘reasonable limits’’ on the funding of it constitutionalizes those rights. faith of these people in the face of the political speech. The Senate failed to stop The fact that all 50 states have addressed great hardships visited on their people. the epidemic of flag burning by an amend- victims’ rights with constitutional amend- And I was reminded of another people ment empowering Congress to ban flag dese- ments or statutes, or both, strengthens the ‘‘cleansed’’ from its homeland by bru- cration. And this week the Senate will vote on an amendment to protect the rights of suspicion that the proposed amendment is tal invaders. crime victims. (as the Equal Rights Amendment would have But too few Americans are in a posi- Because many conservatives consider the been) an exercise in using—misusing, actu- tion to make that comparison. In the amendment a corrective for a justice system ally—the Constitution for the expressive 85 years since the massacre of Arme- too tilted toward the rights of the accused, purpose of affirming a sentiment or aspira- tion. The Constitution would be diminished nians began, another great crime has because liberals relish minting new rights been committed—the crime of keeping and federalizing things, and because no one by treating it as a bulletin board for admi- enjoys voting against victims, the vote is ex- rable sentiments and a place to give special the truth from the world. pected to be close. But the amendment is im- dignity to certain social policies. (Remember This was a crime against all people, prudent. the jest that libraries used to file the French because it denied them the lessons to The amendment would give victims of vio- constitution under periodicals.) be learned from that tragic tale. But lent crimes rights to ‘‘reasonable’’ notice of The Constitution has been amended just 18 most of all it was a crime against all times (counting ratification of the first 10 and access to public proceedings pertaining Armenians, alive and dead. For even to the crime; to be heard at, or to submit a amendments as a single act) in 211 years. statement to, proceedings to determine con- The 19th time should not be for the Victims’ the dead have at least one right—that ditional release from custody, plea bar- Rights Amendment. It would be constitu- of having their story told. gaining, sentencing or hearings pertaining to tional clutter, unnecessary and, because it The 1.5 million Armenians who died parole, pardon or commutation of sentence; would require constant judicial exegesis, a deserve to have the truth of their suf- reasonable notice of, and consideration of source of vast uncertainty in the administra- fering known. Only when we know the victim safety regarding, a release or escape tion of justice. horror that they went through can we from custody relating to the crime; a trial f free from unreasonable delay; restitution comprehend the gravity of the crime. from convicted offenders. MORNING BUSINESS Only then will the rights of the dead be Were this amendment added to the Con- Mr. THOMPSON. Mr. President, I ask fulfilled. This is why we must make stitution, America would need more—a lot unanimous consent that there be a pe- sure younger generations understand more—appellate judges to handle avalanches what happened and ensure that it never of litigation, starting with the definition of riod for the transaction of morning business with Senators permitted to happens again. ‘‘victim.’’ For example, how many relatives Eighty-four years ago the world had or loved ones of a murder victim will have speak for up to 10 minutes each. victims’ rights? Then there are all the re- The PRESIDING OFFICER. Without the opportunity to prevent the Arme- quirements of ‘‘reasonableness.’’ The Su- objection, it is so ordered. nian holocaust. But the world did not preme Court—never mind lower courts—has act. While there was much talk, there heard more than 100 cases since 1961 just f was no real help for the Armenians. If about the meaning of the Fourth Amend- 85TH ANNIVERSARY OF THE 1915 only we had known then that tyranny ment’s prohibition of ‘‘unreasonable’’ GENOCIDE OF THE ARMENIAN must be opposed early and steadfastly, searches. PEOPLE BY THE TURKISH GOV- What is the meaning of the right to ‘‘con- perhaps this and future acts of geno- sideration’’ regarding release of a prisoner? ERNMENT cide could have been prevented. And if victims acquire this amendment’s Mr. ABRAHAM. Mr. President, I rise But the world does not learn easily. panoply of participatory rights, what be- today to commemorate the 85th anni- Even today, massacres take place comes of, for example, a victim who is also a versary of the 1915 Genocide of the Ar- around the world, with people mur- witness testifying in the trial, and therefore, menians by the Turkish Government. dered not for what they have done but not entitled to unlimited attendance? What for whom they are. is the right of the victim to object to a plea As so many of you are aware, between bargain that a prosecutor might strike with 1915 and 1923 more than one and a half And we must wonder about the final a criminal in order to reach other criminals million Armenians perished from goals of those who continue the block- who are more dangerous to society but are of atrocities committed against them. ade of Armenia and Nagorno Karabagh. no interest to the victim? Yet the brave Armenian people per- We must make known to the world our Federalism considerations also argue severed. opposition to such policies. We must against this amendment, and not only be- fight to defend Section 907, cutting off cause it is an unfunded mandate of unknow- As the grandson of Lebanese immi- able cost. States have general police powers. grants, I am, of course, very familiar American aid to those enforcing the As the Supreme Court has recently re- with the historic ties that have bound embargo. And we must not allow the affirmed, the federal government—never Armenians to the Lebanese. We have lure of cheap oil from the Caspian, an mind its promiscuous federalizing of crimes sheltered and strengthened one another illusion, really, lead us away from the in recent decades—does not. Thus Roger in time of need. As peoples we have be- path of truth and justice. Pilon, director of the Center for Constitu- come close because the experience of To do justice to the memory of those tional Studies at the Cato Institute, says the being forced from one’s home and who died we must see to it that justice Victims’ Rights Amendment is discordant is done to the living, to those who sur- with ‘‘the very structure and purpose of the homeland is not new to either of us. Constitution.’’ Through mass deportations, starva- vived them. That means doing justice Pilon says the Framers’ ‘‘guarded’’ ap- tion, disease, and outright massacres, to Armenia, as well as to Armenians proach to constitutionalism was to limit Armenians have carried their heads and other refugees.

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2852 CONGRESSIONAL RECORD — SENATE April 25, 2000 Today, I would like to join the Arme- Mr. LEVIN. Mr. President, I rise fairness at the heart of this dispute. nian-American community in remem- today to commemorate the 85th Anni- Mr. Broder noted recent reports of the bering the horrors of the Armenian versary of the Armenian Genocide. lavish salary and bonus packages total- Genocide. We all would profit by re- Each year we need to remember and ing millions or even tens of millions of flecting on the strength of the Arme- honor the victims, and pay respect to dollars a year available to the top ex- nian people to persevere through this the survivors we are blessed to have ecutives of major firms across the awful period in history. with us today. country, and he compared these ex- But today is not only a day to mourn During the 8-year period from 1915 to traordinary benefits with the low sala- those lost in this genocide but also a 1923, approximately 1.5 million Arme- ries of the janitors in this dispute, day to celebrate the resilience of the nians were killed and hundreds of thou- whose lives ‘‘are lived on the ragged people of Armenia as they build a new sands were driven from their homes. edge of poverty.’’ democracy. Finally freed from com- April 24, 1915 serves as a marking point I had the opportunity to meet with munist imperialism, Armenia has for the government-orchestrated car- many of the striking workers and their quickly become one of the most demo- nage that took place under the Turkish union leaders on a visit to Los Angeles cratic of the former Soviet Republics Ottoman Empire. On this date, over during the recess, and to express my and has made great strides to adopt a 5,000 Armenians were systematically support for them in their battle and to market economy. I am gratified at the hunted down and killed in Constanti- commend them for their courage. many cultural exchanges taking place nople. This number includes some 600 Fortunately, a tentative agreement between our two nations. Armenian political and intellectual on the issues in the strike was reached As chairman of the Immigration Sub- leaders who were taken to the interior over the weekend, and a settlement committee I also am gratified at all of Turkey and systematically mur- granting a significant pay increase and the wonderful examples of success dered. other benefits was overwhelmingly ap- through hard work that have been pro- A Polish law professor named Raph- proved by a vote of the workers yester- vided by Armenian immigrants. Such ael Lemkin was the first to call the day. The President of the local union stories make the argument for a kind atrocities committed upon the Arme- called the agreement ‘‘the beginning of and open policy toward refugees, vic- nian people during period of 1915 to 1923 a new era for organized labor.’’ tims of latter-day massacres, much the ‘‘Armenian Genocide.’’ Lemkin is Justice for these janitors means stronger. also credited with coining the word progress toward justice for all working I salute all Armenians today, I salute ‘‘genocide’’ and making genocide a men and women across America. Their their predecessors who suffered so crime under international law. In 1939, cause was just, and because of timely grievously, and I salute their struggle Professor Lemkin escaped Poland dur- and important articles like David to let the truth be known. Mrs. FEINSTEIN. Mr. President, yes- ing the Nazi invasion. Lemkin would Broder’s, more and more people across terday, April 24, marked the 85th anni- ultimately lose 49 members of his fam- America are becoming aware of these versary of the beginning of the Arme- ily during the Holocaust. Until his fundamental issues and their extraor- nian genocide. I rise today to acknowl- death in 1959, Lemkin worked for the dinary importance for our society. edge and commemorate this terrible adoption of the U.N. Convention on the I commend Mr. Broder for his elo- crime and to help ensure that it will Prevention and Punishment of the quent analysis and insight, and I ask never be forgotten. crime of Genocide, which was ratified unanimous consent that his column in On April 24, 1915, the Ottoman Em- by the United States in 1988. Through The Washington Post on April 16, enti- pire launched a brutal and unconscion- this individual, these dark periods of tled ‘‘Of Janitors and Billionaires,’’ be able policy of mass murder. Over an Jewish and Armenian history have printed in the RECORD. eight year period, 1.5 million Arme- been joined in the important cause of There being no objection, the column nians were killed, and another 500,000 remembrance. was ordered to be printed in the were driven from their homes, their Each year we vow that the incalcu- RECORD, as follows: property and land confiscated. lable horrors suffered by the Armenian [From the Washington Post, April 16, 2000] As Americans, we are blessed with people will not be in vain. That is sure- OF JANITORS AND BILLIONAIRES freedom and security, but that blessing ly the highest tribute we can pay to (By David S. Broder) the Armenian victims and a way in brings with it an important responsi- LOS ANGELES—The janitors on strike at bility. We must never allow oppression which the horror and brutality of their the office buildings near the downtown hotel and persecution to pass without con- deaths can be given redeeming mean- where I stayed for a couple days last week demnation. By commemorating the Ar- ing. I ask my colleagues to join me in were the most polite picketers I have ever menian genocide, we renew our com- remembering the Armenian Genocide. seen. The largely Latino groups of men and mitment always to fight for human f women standing on the plaza from which several of the city’s highest office towers dignity and freedom, and we send out a FAIR PAY FOR LOW INCOME message that the world can never allow rise greeted visitors with elaborate courtesy WORKERS and seemed genuinely grateful when anyone genocide to be perpetrated again. Mr. KENNEDY. Mr. President, as we accepted one of their handouts explaining Even as we remember the tragedy why they had stopped using their brushes and honor the dead, we also honor the continue to wage our ongoing battle in and brooms. living. Out of the ashes of their history Congress for a fair increase in the min- It was about money, they said, about Armenians all across the world have imum wage for millions of workers struggling to support their families and clung to their identity and have pros- across America, it is important to un- themselves at a pay scale ranging from $7 to pered in new communities. My State of derstand that low-income workers in $8 an hour—about $300 a week before taxes. California is fortunate to be home to a all parts of the country are doing all The Service Employees International community of Armenian-Americans a they can themselves to obtain fair in- Union, representing about 8,500 janitors, called the strike to back up its demand for half a million strong. They are a strong creases in pay from their employers. One of the most important examples raises of $1 an hour each year for the next and vibrant community whose mem- three years. If granted, that would allow bers participate in every aspect of civic in recent weeks has been the strike by members of these overnight crews to make life, and California is richer for their janitors in Los Angeles, who were seek- the magnificent sum of about $21,000 a year presence. ing a long overdue reasonable increase in 2003. Let us never forget the victims of the in wages during this time of remark- The janitorial service companies that have Armenian genocide; let their deaths able prosperity for most Americans. contracts with these towering buildings, not be in vain. We must remember At the beginning of last week, an ex- filled with banks, law firms and corporate of- their tragedy to ensure that such cellent column by respected journalist fices, were counter-offering raises of about crimes can never be repeated. And as David S. Broder appeared in The Wash- one-third that size, also spread over three years. we remember Armenia’s dark past, we ington Post and many other news- This is part of the overlooked reality of can take some consolation in the papers across the country, calling na- this era of record prosperity—a story that knowledge that its future is bright tional attention to the strike, and em- receives far less attention in the press and with possibility. phasizing the issues of fundamental on television than the gyrations of the

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2000 CONGRESSIONAL RECORD — SENATE S2853 Nasdaq. Understandably so, for the Nasdaq ing Panel. The subcommittee also identify five topics for intensive study: determines the value of the stock options heard testimony from Dr. Duane Alex- alphabetics; fluency; comprehension; held by the high-tech millionaires who are ander, Director of the National Insti- teacher education and reading instruc- the ‘‘masters of the universe’’ in the new tute of Child Health and Human Devel- tion; and computer technology and economy, the stars whose spectacular suc- cess draws envious glances from those Amer- opment; Dr. Kent McGuire, Assistant reading instruction. icans who cannot imagine enjoying such Secretary of Education, Office of Edu- The panel then narrowed its review riches, unless they hit the lottery or have a cational Research and Improvement; to materials which met a defined set of spectacular run of luck on one of the TV and Dr. Donald N. Langenberg, Chair- rigorous research methodological game shows. man of the National Reading Panel and standards. It is the development of As Shawn Hubler, a Los Angeles Times col- Chancellor of the University System of these standards which the panel de- umnist, noted last week, ‘‘the janitors’ Maryland. scribes as ‘‘what may be its most im- strike . . . has brought to the surface some- The National Reading Panel was cre- portant action.’’ By finding successful thing deeply resonant about the lives, now, of all 1.3 million of the region’s working ated as a result of legislation I intro- techniques that meet the same kind of poor.’’ Hubler described how the janitors ar- duced in 1997, titled the ‘‘Successful scientific review that are used to test rive to begin their tedious, wearying chores Reading Research and Instruction medical treatments, the panel presents just after most of the tenants have left the Act.’’ Subsequently, the report accom- its recommendations with a confidence building, and how she watched one late- panying the Fiscal Year 1998 Labor, that has never before been applied to working executive push open the door to a Health and Human Services, Education the teaching of reading. freshly cleaned bathroom, with nary a nod of and Related Agencies Appropriations One of the National Reading Panel’s acknowledgment to the woman janitor who Act called on the National Institute of objectives was to ensure that good re- had her equipment cart just a few feet away. ‘‘There is a dimension now,’’ Hubler wrote, Child Health and Human Development search results were readily available. ‘‘in which whole human beings can be ren- and the Department of Education to On April 13, the report was sent to dered invisible, just erased.’’ form a panel to evaluate existing re- every Senator and Member of Congress. Ralph Ellison described the phenomenon as search on the teaching of reading to Within the next few weeks, the report experienced by black folks in his novel of the children, identify proven methodolo- and supporting documentation will be last generation, ‘‘Invisible Man.’’ But we gies, and suggest ways for dissemina- delivered to state education officials, imagine we have become more sensitive, tion of this information to teachers, colleges and universities, and public li- more aware in our time. Not so. There are millions of people whose work makes our life parents, universities and others. braries. A long-term strategic plan easier, from busboys in the restaurants we I was convinced at the time that that will address wider dissemination patronize to orderlies in the hospitals we there was an absence of consensus on a and classroom implementation will be visit, but whose own lives are lived on the national strategy for teaching children ready by next fall. It is my hope that ragged edge of poverty. Most of us never ex- to read. Meanwhile, we had statistics the report of the National Reading change a sentence with these workers. which showed that 40 to 60 percent of Panel will guide us in making informed Meanwhile, the rich get steadily richer. elementary students were not reading decisions on reading issues. The wall Street Journal, not exactly a rad- proficiently and there seemed to be no I commend the efforts of the Na- ical publication, printed its annual survey of executive pay on April 6. Reporter Joann S. plan to help remedy the situation. tional Reading Panel and I hope edu- Lublin cited a study of 350 major firms, con- The Health Research Extension Act cators will implement their rec- ducted by William M. Mercer Inc., a New of 1985 had mandated research on why ommendations and use the new teach- York compensation consulting firm. It found children have difficulties learning to ing methods and programs outlined in that the median salary and bonus package read. The National Institute of Child the report. for the top executives of those firms in 1999 Health and Human Development had f was $1,688,088. That’s about $120,000 higher conducted this research and in 1997, than it was in 1998 and just about what 80 of they had some answers. However, Con- ROLE OF INTERNATIONAL ATOMIC the striking janitors combined would make gress hadn’t asked for the results and ENERGY AGENCY IN COUN- three years from now—if they got what they the information was literally trapped TERING PROLIFERATION OF NU- are asking. But it’s only one-hundredth as CLEAR WEAPONS much as the $170 million in salary, bonuses in the academic and research world. and stock options the highest-paid executive Since 1997, we’ve made some Mr. AKAKA. Mr. President, this week in the survey, L. Dennis Kozlowski of Tyco progress. Today more people know that the sixth Nonproliferation Treaty Re- International, made in 1999. reading research exists, but very few of view Conference opened in New York. How do you justify those extremes? the us are able to decipher what it means, At the last conference five years ago Journal quotes Jeffrey D. Christian, head of or how to translate it into meaningful countries agreed to extend indefinitely a Cleveland executive recruiting firm, as ex- practice. the treaty. I recently introduced, along plaining that the business heads he meets with Senators BAUCUS, KERRY, ROTH, ‘‘all want the same opportunity for extreme Mr. President, what most parents wealth creation and legacy creation as their want to know is simple, ‘‘How can I BINGAMAN, KERREY, KOHL, and SCHU- dot-com counter-parts. It’s billionaire envy.’’ make sure my child will learn to MER, Senate Concurrent Resolution 107, Another article in the special section—and read?’’ Until now, the response to that expressing support for another success- remember this is the Wall Street Journal, question was often vague, and the so- ful review conference. A similar bipar- not Mother Jones—reported about the in- called ‘‘expert’’ or ‘‘research based’’ tisan resolution will be introduced in creasing use of bonus guarantees to recruit methods were conflicting. Con- the House. I hope my colleagues on the or retain executives. One boss named Thom- sequently, there is a great deal of con- Foreign Relations Committee will con- as Evans ‘‘will collect as much as $10 million if his vested stock options would yield a fusion among parents, teachers and sider this resolution as quickly as pos- profit of less than that by August 2002,’’ the school administrators about improving sible. Journal said. And then there are the sweet- reading skills of children. Meanwhile, Some delegates to the conference heart deals, in which outside directors on a the Federal government has spent have suggested that the United States firm’s compensation committee grant lavish nearly $100 million on programs which is not as strongly committed as it once salary increases or stock options to the CEO, one researcher described as, ‘‘at best, it was to arms control, citing as examples who in turn arranges lucrative consulting shouldn’t hurt.’’ the Senate failure to ratify the Com- contracts for those same directors. The National Reading Panel identi- prehensive Test Ban Treaty (CTBT) It’s doubtful many of the striking janitors have read the Journal’s special section. If fied over 100,000 studies on a variety of and Administration negotiations with they did, they wouldn’t be quite so polite. topics related to reading instruction. It the Russians to modify the Anti-Bal- f held regional hearings to receive testi- listic Missile Treaty. I wish, as do mony from teachers, parents, students, many of my distinguished colleagues, NATIONAL READING PANEL university faculty, educational policy that the CTBT had been ratified. I hope Mr. COCHRAN. Mr. President, on experts and scientists who represented that it will be. Nevertheless, I believe April 13, 2000, the Senate Appropria- the population that would ultimately all my colleagues, regardless of their tions Subcommittee on Labor, Health be the users of its findings. The panel position on this issue, share a strong and Human Services and Education re- used the information from these hear- and abiding interest in pursuing arms ceived the report of the National Read- ings and their preliminary research to control agreements and making the

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2854 CONGRESSIONAL RECORD — SENATE April 25, 2000 world more secure from threats from our full attention. Again, I urge my is determined by how much nuclear material weapons of mass destruction. colleagues to express their support by a country has. Under this formula, countries As Secretary of State Madeleine co-sponsoring S. Con. Res. 107. with large civil nuclear programs such as Albright observed in here address to Japan, Germany, South Korea, and Canada There being no objection, the mate- receive the most attention, while countries the delegations to the conference ‘‘the rial was ordered to be printed in the possessing much smaller amounts of nuclear United States is part of the inter- RECORD, as follows: material such as Iran and Iraq receive much national consensus on nuclear disar- NUCLEAR WEAPONS: STRENGTHENING INTER- less attention. mament.’’ We have taken considerable NATIONAL ATOMIC ENERGY AGENCY INSPEC- The Agency’s members and its founding steps with our allies to reduce our nu- TIONS statutes do not allow it to shift inspection resources from currently trusted countries clear weapons arsenal and have made a (By Zachary S. Davis, Specialist, Inter- that possess large amounts of nuclear mate- commitment to further reductions national Nuclear Policy Resources, rial, such as Japan, to focus on countries Science and Industry Division) with the Russians. with small but growing nuclear programs I share the United Nations Secretary SUMMARY that are considered to be proliferation risks, General Kofi Annan’s concern—ex- The International Atomic Energy Agency such as Iran. One way to address this prob- pressed at the Review Conference—that (IAEA) is an international organization es- lem is through across-the-board increases in ‘‘nuclear conflict remains a very real tablished to achieve two goals. First, it oper- the Agency’s global inspection system, al- and very terrifying possibility at the ates an international inspection system to though IAEA members have insisted for beginning of the 21st century.’’ The nu- provide assurances that nuclear materials many years on maintaining a zero-growth clear weapons testing by India and and technology in use for civilian purposes budget. are not diverted to make nuclear weapons. Weapons States and Non-NPT Members. Pakistan in 1998 are added reasons to Second, the IAEA provides assistance in ci- The five legally recognized nuclear weapon be worried. vilian applications of nuclear technology for states (Britain, France, China Russia, United Equally disturbing are reports that energy, agriculture, medicine and science. States) are not obligated to accept inspec- Iran is still pursuing secretly a nuclear The IAEA is strengthening its inspection tions, but in practice do allow some access to weapon and long range missile pro- system to cope with countries such as Iraq some facilities on a voluntary basis. Nearly gram. While we develop a national mis- and North Korea that established covert nu- all non-weapon states that possess nuclear sile defense program to protect us clear weapons programs and refused to co- capabilities accept comprehensive safe- operate with inspections, despite their mem- guards. Only a few countries (India, Israel, against limited attacks, we must Pakistan, Cuba) have not joined the NPT, strengthen those arms control regimes bership in the Nonproliferation Treaty. The strengthened safeguards system pro- but even these are members of the IAEA and which help to contain the spread of vides IAEA inspectors with greater access to accept safeguards at selected facilities. weapons systems to states who may a wider range of nuclear activities. New Numbers of inspections. The IAEA con- wish to harm us. technologies will improve inspectors’ ability ducts thousands of inspections annually. In 1998 the Agency performed 2,507 safeguards One of the steps that the United to detect undeclared nuclear activities. A inspections at 897 facilities and other loca- States and other states can take is to new protocol to the standard IAEA inspec- tions worldwide. At the end of 1998, 222 safe- tion agreement gives inspectors more infor- strengthen the International Atomic guards agreements were in force in 138 states mation and access. However, these improve- Energy Agency (IAEA). The Non- (and Taiwan). This includes safeguards ments will require additional resources from proliferation Treaty (NPT) made the agreements with 126 states pursuant to the member states. This report outlines the IAEA safeguards system the NPT. (The NPT has 187 member states, but IAEA mission and describes efforts to im- many of these are developing countries that verification arm of the NPT. While the prove it. It will be updated as events merit. IAEA does provide some technical as- do not posses nuclear material or facilities BACKGROUND: IAEA INSPECTIONS AND THE sistance to countries for the peaceful that need to be inspected.) The quantities of ‘‘NUCLEAR BARGAIN’’ nuclear materials and numbers of facilities use of nuclear technology, it also in- The IAEA was established in 1957 as part of under IAEA safeguards are growing steadily. spects the nuclear inventories of non- President Eisenhower’s Atoms for Peace pro- As a result of growing stocks of nuclear ma- nuclear weapon members of the NPT to gram to provide independent assurances that terials, IAEA resources are being stretched ensure there are no diversions to weap- the spread of civilian nuclear technology did thinner and may not keep pace with this ons use. not also promote the spread of nuclear weap- growing demand. The Gulf War disclosed for the first ons. Exporters of nuclear technology such as SUCCESSES AND FAILURES time an Iraq nuclear weapons program the United States asked the IAEA to apply A few NPT member states have violated which was being carried out despite safeguards on nuclear technologies, such as their obligations and diverted civilian nu- IAEA inspections. This disclosure pro- reactors, and materials, such as nuclear fuel, clear technology and materials to covert to make sure that the purchasers did not use vided new impetus to strengthening weapons programs. them to make nuclear weapons. The IAEA Iraq. Iraq was a party to the NPT for many the IAEA inspection system. The IAEA gained new responsibilities in 1970 when the years, but used its civil nuclear program to has developed a strengthened safe- Nonproliferation Treaty (NPT) designated disguise an extensive nuclear weapons pro- guards program which consists of more the IAEA safeguards system as the global gram. IAEA inspectors did not learn the full intrusive and aggressive inspections. verification mechanism for the NPT. The nature and extent of Iraq’s nuclear weapons The agency also proposes a new inspec- Agency also provides technical assistance for program until the Gulf War, when Allied tion protocol giving its inspectors countries to use nuclear technology for en- forces attacked many undeclared nuclear in- more authority to collect information. ergy, medicine, agriculture, and scientific stallations. After the war, the United Na- research. The balance between technical as- Some 46 countries have signed the pro- tions Security Council created the Special sistance and nuclear safeguards is often re- Commission on Iraq (UNSCOM) to account tocol which the United States helped ferred to as the ‘‘nuclear bargain:’’ in return for and eliminate Iraq’s nuclear, chemical, develop. for receiving civilian nuclear technology, re- and biological weapons and missiles. The But the increase in membership in cipient nations agreed to international safe- IAEA headed the nuclear inspections. Iraq the IAEA and the strengthened inspec- guards. quit cooperating with UNSCOM in 1999; ef- tion system has meant more demands Organization. The Director General of the forts to reestablish inspections in Iraq have on IAEA inspectors and facilities. I IAEA is Mohomed ElBaradei, a U.S.-trained, been blocked by Russia and France in the Se- asked the Congressional Research Egyptian diplomat who served many years as curity Council, although IAEA inspectors Service to prepare a brief on the IAEA head of the IAEA legal department. The were allowed to inspect nuclear material re- main policy-making body is the Board of maining in Iraq in January 2000. to explain its new functions. Zachary Governors, which has 35 members, including North Korea. North Korea acceded to the Davis, CRS’s Specialist in Inter- states with advanced nuclear programs. The NPT in 1985, but refused to accept safeguards national Nuclear Policy, is to be com- General Conference of all 131 members meets until 1992. When North Korea finally allowed mended for his work on this subject. I annually to debate Agency positions, pro- safeguards inspections, it provided incom- urge my colleagues to read his anal- grams and priorities. plete and contradictory information and ysis—‘‘Nuclear Weapons: Strength- Inspections Based on Inventories, Not Risk then blocked IAEA access to key sites. The ening International Atomic Energy of Diversion. All non-nuclear weapon mem- IAEA quickly discovered the discrepancies Agency Inspections.’’ I ask unanimous bers of the Nonproliferation Treaty agree to and reported Pyongyang’s noncompliance to allow the IAEA to inspect their nuclear in- the United Nations Security Council, which consent that it be printed in the ventories. Each country provides an initial urged North Korea to comply, but took no RECORD in full, following my remarks. declaration and regular reports on its inven- further action. North Korea refused access The IAEA deserves our full support and tory, which the IAEA then inspects on a reg- and threatened to quit the NPT. Neverthe- the NPT Review Conference deserves ular basis. The amount of inspection efforts less, North Korea remains obligated under

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2000 CONGRESSIONAL RECORD — SENATE S2855 the NPT to allow IAEA inspections, despite as expanding its use of open source informa- materials under IAEA safeguards, the IAEA its noncompliance. The IAEA has repeatedly tion from a variety of sources. Those types is being assigned new missions to support called upon North Korea to comply with its of information were critical in detecting dis- arms control agreements. NPT safeguards obligations. Under the 1994 crepancies in North Korea’s initial declara- Excess Weapon Materials: The Trilateral Agreed Framework between the United tion of its inventory of nuclear material and Initiative. The United States and Russia States and North Korea, the IAEA monitors in uncovering the full extent of Iraq’s nu- each have many tons of excess nuclear weap- the shut-down of North Korea’s declared nu- clear program. Recently the Agency has ons materials—highly enriched uranium and clear facilities, but is not able to apply full begun to use commercial satellite imagery plutonium. The stockpiles of excess mate- safeguards. However, North Korea must fully to augment its information data bases. rials are growing as more nuclear weapons comply and allow the IAEA to resolve all Access. One problem highlighted by the are dismantled under the terms of arms con- outstanding inspection questions before the Agency’s failure to detect Iraq’s extensive trol agreements. The United States and Rus- Agreed Framework can be fully imple- covert nuclear weapon program was the limi- sia each declared hundreds of tons of weap- mented. tations that member states put on its access ons materials as excess and asked the IAEA Inspections in Iraq and North Korea pro- to facilities. In the past, the IAEA focused to verify that this material is not reused to vide many lessons for strengthening the almost exclusively on accounting for nuclear make nuclear weapons. The IAEA agreed to IAEA safeguards system. Inspections in material, and did not pay much attention to work with Russian and U.S. experts to de- South Africa after that country declared in related equipment and installations. The velop a special verification arrangement to 1991 that it had dismantled its 6 nuclear IAEA has reasserted its authority to gain ac- allow the Agency to verify the materials weapons and joined the NPT also helped the cess to all facilities housing nuclear activi- without revealing sensitive weapons-related Agency learn how to improve its ability to ties. However, additional authority is needed information. The arrangement, called the detect hidden nuclear activities and account and would be authorized by the new protocol Trilateral Initiative, is funded by the De- for undeclared activities such as those pos- inspection agreement (see below). partments of Energy and State. The Tri- sessed by South Africa. Many analysts ex- Technology. The Agency is upgrading its lateral Initiative can support arms control pect the IAEA to be tested next in Iran, inspection equipment with the help of the agreements such as START II and a proposed which has a growing nuclear program but de- United States and other member states. Up- START III by providing independent nies any interest in acquiring nuclear weap- grades include new cameras and remote mon- verification that weapons materials are re- ons. itoring equipment, more accurate measuring moved from military stockpiles and are not HOW SAFEGUARDS WORK tools, and new methods of detecting minute reused for nuclear explosives. Each non-weapons member of the NPT quantities of nuclear material in soil, water, Fissile Material Cutoff Treaty (FMCT). signs an agreement with the IAEA author- plants and air that can be collected from nu- The Clinton Administration proposed negoti- izing the Agency to keep track of the nu- merous locations. The IAEA is also begin- ating a multilateral treaty to stop further clear materials in the country and provides ning to use commercial satellite imagery to production of highly enriched uranium or the IAEA with an inventory of its nuclear monitor developments at nuclear installa- plutonium for use in nuclear explosives. materials. IAEA inspectors verify the de- tions. Such a treaty would cap the amount of weap- Political and Financial Support. The IAEA clared inventories and make periodic visits ons materials, and therefore limit the num- depends on support from member states to be to make sure all the material can be ac- ber of weapons that could be made from ex- effective. Contributions to the regular budg- counted for. Agency inspectors check records isting stocks. The IAEA is widely viewed as et are apportioned on the United Nations and take samples at reactors, fuel storage fa- the most likely inspection agency for such a scale of assessments. Most of the technology cilities, and other nuclear installations to treaty. Although an FMCT has broad inter- and equipment it uses is contributed by verify the accuracy and completeness of each national support, negotiations are stalled at members. Its budget is limited and divided country’s declared inventory. Inspectors the Conference on Disarmament, a branch of among several missions that are popular take a variety of measurements of nuclear the United Nations located in Geneva, Swit- with certain members, such as nuclear safety materials to verify their content (see below). zerland. New funding would be required. The Agency has a laboratory near its head- and technical assistance. Given its budget IAEA BUDGET AND BUDGET PROBLEMS quarters in Vienna, Austria, where samples constraints, the Agency depends on special are analyzed. It also sends samples to ap- voluntary contributions to support programs The IAEA annual budget is about $226 mil- proved laboratories in several countries, in- of particular interest to certain members, in- lion. The budget is divided among several cluding the United States, for expert anal- cluding advanced safeguards and arms con- major programs including safeguards, safety, ysis. Inspectors attach seals and tags to crit- trol. and technical assistance. Member states’ Enforcement. Even when the IAEA dis- ical equipment to detect unauthorized ac- contributions are determined by the United covers noncompliance, it can only report to cess. The Agency also installs video cameras Nations scale of contributions and are com- the United Nations Security Council. En- to monitor activities at nuclear facilities bined in the Agency’s annual budget. The forcement is a political decision of the Secu- throughout the world. Agency also receives voluntary contribu- When questions arise about a country’s nu- rity Council and its members. tions from member states targeted to sup- clear inventory, the Agency can request ad- ADDITIONAL SAFEGUARDS PROTOCOL port specific programs or projects. ditional information and/or more access to An important part of the Strengthened U.S. Contribution. The United States pro- facilities. Normally, additional information Safeguards effort is a new inspection pro- vides about 25% of the IAEA regular budget. can resolve questions. However, in the past, tocol that gives Agency inspectors more au- In 1999 the U.S. assessed contribution was $49 inspectors have not always pressed member thority to collect more information about a million. The United States also provided a states to resolve outstanding issues, and wider range of nuclear activities (uranium voluntary contribution of $40 million, main- states like Iraq and North Korea have at- mining, imports, exports, etc.), to use more ly to support activities related to the tempted to take advantage of the Agency’s intrusive inspection methods, and to expand Strengthened Safeguards System. The disinclination to confront member states their access to undeclared activities. The ad- United States also provided less than $1 mil- about incomplete or incorrect information. ditional information and access is required lion from the Nonproliferation and Disar- Recent improvements in IAEA safeguards, to reduce the risk of undeclared nuclear ac- mament Fund to upgrade IAEA inspection however, are intended to fill gaps and correct tivities going undetected, as they did in Iraq. equipment. U.S. contributions to the IAEA past deficiencies. The United States, which played a primary are funded through the State Department’s STRENGTHENED SAFEGUARDS role in formulating the new inspection pro- 050 account. tocol, agreed to accept some of the new Since the early 1990s, the IAEA has been Stretching the Resources. While the mem- measures on selected U.S. activities to per- upgrading its safeguards system to prevent a bers of the IAEA are tasking it with addi- suade others to sign it. The four other nu- repeat of problems encountered in Iraq and tional responsibilities, many resist providing clear weapon states also agreed to sign the elsewhere. Most importantly, the Agency is additional funds to pay for Strengthened protocol and implement it. The United taking steps to detect undeclared nuclear ac- Safeguards, expanding inspections, improv- States, as a nuclear weapons state under the tivities such as found in Iraq. Strengthened ing nuclear safety, and for new arms control NPT, is not obligated to open its facilities Safeguards, formerly referred to as the 93+2 missions such as the Trilateral Initiative. for inspection and can exclude any sites it Program, consists of legal, technical, and po- The U.S. practice of paying its dues at the chooses from IAEA inspection. By early 2000, litical measures which are outlined below. end of the U.S. fiscal year (instead of by cal- Information. Inspectors rely on informa- 46 countries had signed the Additional Pro- endar year, as requested by the IAEA) puts tion provided by the states themselves, on tocol. The U.S. version of the Protocol will further strain on the Agency. With stocks of information collected by the Agency from be submitted to the Senate for its consent to nuclear material growing in many countries, the states and from open source information, ratification before taking effect in the some of which pose proliferation concerns, at and information provided to the Agency by United States. some point the IAEA’s resources may be member states. Prior to the Gulf War, mem- NEW INSPECTION MISSIONS: EXCESS WEAPONS stretched so far that the Agency can not ful- ber states had not provided intelligence in- MATERIALS AND FISSILE MATERIAL CUTOFF fill all of its functions. Declining credibility formation to the IAEA. However, the Agency TREATY of IAEA safeguards could weaken their de- has increasingly received and used intel- In addition to the growing number of civil terrent and detection functions and possibly ligence provided by member states, as well nuclear facilities and growing stockpiles of undermine nuclear nonproliferation efforts.

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2856 CONGRESSIONAL RECORD — SENATE April 25, 2000 LEGISLATION There was one underlying theme labor communities, I find that strong Congress has consistently supported the among those who did come: a feeling centrist elements seek practical solu- IAEA and has authorized and appropriated that international economic institu- tions. We in the Congress can supply funds for the Agency since its inception in tions undermine the interests of ordi- the political leadership to firm up this 1956. In recent years Congress has continued nary citizens. I heard that on the middle ground on the issues of trade support for strengthening the safeguards sys- streets of Seattle last December, when tem and through voluntary contributions. and finance, trade and labor, trade and However, legislation has also been proposed protestors took aim at the world’s the environment, and restore con- to withhold portions of the voluntary U.S. main trade body. And I heard it again fidence in the international trade and contribution to the IAEA to signal dis- last week when they focused on the financial system. It is an important pleasure with IAEA programs that benefit IMF and the World Bank. The dem- undertaking. America’s ability to lead particular member states such as Iran and onstrators had no confidence that the world into an era of global pros- Cuba. those institutions are moving in the perity benefitting rich and poor alike FOR ADDITIONAL READING right direction. requires us to firm up and expand the IAEA documents are available on their web This lack of confidence concerns me middle ground to reforge our domestic site: http://www.iaea.org/worldatom. greatly. It exists not only here at consensus. International Atomic Energy Agency, home, but also in many other coun- ‘‘Safeguards and Nonproliferation,’’ IAEA tries. I believe that America must lead Bulletin, volume 41, number 4, 1999. f Zachary Davis, International Atomic En- an effort to restore faith in the eco- ergy Agency: Strengthen Verification Au- nomic institutions we have worked so U.S. POLICY TOWARD LIBYA hard to build over the past fifty years, thority? CRS Report 97–571, May 1997. Mr. MACK. Mr. President, I rise f economic institutions that have served our country and our people. The World today to speak on behalf of Senate Res- PROTESTS AT IMF-WORLD BANK Trade Organization. The IMF. The olution 287, expressing the sense of the MEETINGS World Bank. And we in the Congress Senate regarding U.S. policy toward Mr. BAUCUS. Mr. President, I rise should lead that effort. Libya. It is of grave concern to me that today to comment on some important Look at the evidence here at home. the United States is currently consid- events that took place here in Wash- In the trade arena, I’ve seen a rapid de- ering a change in its ‘‘Travel Ban’’ pol- ington last week while many of us were cline in the domestic consensus in icy with Libya, prior to the resolution back home meeting with our constitu- favor of open markets. One result is of the Pan-Am 103 Bombing trial. ents. that we’ve been unable to renew the Libya is a state sponsor of terrorism For the past 25 years, we’ve had an President’s fast track trade negoti- and a global agent of instability. Two annual Spring ritual in Washington. ating authority. Morever, the lack of a Libyan intelligence operatives, with I’m not referring to the cherry blos- domestic consensus has undermined prior terrorist activity convictions, are soms. Every April, the International our ability to lead in the WTO. It has now on trial for the explosion of Pan Monetary Fund (IMF) and the World weakened our bargaining power. Other Am flight 103 in 1988 and the loss of 270 Bank hold their joint meeting. Bankers members, especially the EU and Japan, lives, 180 of them Americans. Libya is and finance ministers from around the take advantage of our weakened posi- engaged in one the most advanced Bio- world travel to Washington to talk tion and resist opening up their mar- Chemical efforts in the third world, in- about the global economy, exchange kets to the production of American cluding the acquisition of delivery ve- rates, poverty reduction, and the so- workers and farmers. hicles. It has repeatedly engaged U.S. called ‘‘international financial archi- In the financial arena, last week’s military forces, including an at- tecture.’’ demonstrations showed that Americans tempted missile attack on U.S. mili- These are tremendously important are losing faith. They don’t think that tary installations in Italy in 1986. subjects. But the talks are highly tech- the IMF and the World Bank serve the Taking into account its past behav- nical, and the results are shrouded in needs of the people, especially the most ior, we all agree that Libya has a long the vague language of diplomatic com- vulnerable here and in other countries. way to go to become a member of the muniques. The meetings don’t produce Instead, they believe that the institu- family of law-abiding nations. Libya startling breakthroughs. For most peo- tions serve the needs of the big and the must take concrete actions to provide ple they are hard to understand. So the rich. The IMF and the World Bank its sincerity. It must show complete annual IMF-World Bank meetings in stand accused of mismanaging the adherence to the Pan Am 103 Judicial Washington have rarely generated Asian financial crisis through mis- Authorities in Hague. If a conviction is guided policies which needlessly low- much news, and the participants liked reached, Libya must accept responsi- ered the living standards of millions of it that way. bility for any court judgement and This year was different. A coalition people, throwing many of them back make full payment to all judgement of activists vowed to descend on Wash- into poverty. They stand accused of creditors. It is my sense that Libya ington to disrupt the meetings. More mismanaging the Russian economy. must prove its vigilant and sincere co- Are these criticisms justified? It’s operation in anti-terrorism efforts. than 1,700 journalists registered to difficult for Americans to judge. These cover the event. Few of those journal- U.S. policy towards Libya must re- institutions do not operate in the day- main balanced. The ‘‘Travel Ban’’ is an ists came to report on IMF discussions light of public scrutiny. Although they of extended funds facilities or eco- important tool and should not be aban- exist on taxpayer funds, they do not doned without clear justification. A nomic stabilization criteria. They were hold themselves accountable to tax- hoping for the kind of news that pro- verdict is not yet at hand; I urge you to payer concerns. America is the biggest await the conclusion of the Pan Am 103 testers made at last year’s WTO meet- shareholder in both the IMF and the ings in Seattle when they closed the trial, and calculate our steps from World Bank. And the lack of trans- there. city down. parency has seriously undermined But those who came to Washington American public confidence in both the f hoping for Seattle-style violence were IMF and the World Bank. disappointed. Both the police and the Over the past week I’ve read and FLAG DESECRATION AMENDMENT demonstrators are to be commended heard a number of condescending re- for that. Those who came here hoping marks about the protestors. They’ve Mr. REED. Mr. President, I stand in to throw the meetings off track were been called naive, poorly informed, opposition to this amendment. As a also disappointed. Unlike the WTO misguided. But the concerns they ex- graduate of the United States Military ministerial in Seattle, the IMF meet- press are real and are shared by many Academy and a former officer in the ings did not attract a big crowd of Americans who did not march down Army, I view the American flag with a protestors. The labor unions stayed Pennsylvania Avenue. We need to take special reverence borne by experience. home. The big environmental groups these concerns seriously, because they I am deeply offended when people burn were absent. So the meeting took place express a strong undercurrent in Amer- or otherwise abuse this precious na- pretty much as scheduled, albeit with ican thinking. tional symbol, and I believe that we some inconvenience and no dramatic In my talks with representatives should teach young people to respect events. Business as usual. from the business, environmental and the flag.

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2000 CONGRESSIONAL RECORD — SENATE S2857 I also feel, however, that the values people of the actions for which they pursue careers in public service. With and beliefs that the American flag rep- may be imprisoned. There is no defini- chapters starting across the country, resents are more important than the tion of what a ‘‘flag’’ is for purposes of this group of young leaders seeks to re- cloth from which the symbol is made. this amendment, or any consensus re- enlist those Americans interested in Prominent among these beliefs are the garding the meaning of ‘‘desecration.’’ public service in using public office as right to voice views that are unpopular This leaves the Supreme Court to clar- a vehicle for change. and the right to protest. It is these fun- ify these meanings, the same court Tufts University is now renewing its damental values, reflected in our Con- that supporters believe erred in pro- commitment to public service with an stitution, that have distinguished our tecting flag burning as freedom of entrepreneurial spirit. Tufts is not add- Nation for more than 200 years. It is speech in the first place. ing a stand-alone college, composed of these beliefs that give our flag its great f its own buildings and faculty. Instead, symbolic power. the university is creating a ‘virtual Flag burning is despicable. However, THE VERY BAD DEBT BOXSCORE college,’ one ‘‘without walls;’’ chal- the issue before us is whether our great Mr. HELMS. Mr. President, at the lenging itself to infuse all classroom charter document, the Constitution, close of business yesterday, Monday, instruction with the ideas of citizen- should be amended so that the Federal April 24, 2000, the Federal debt stood at ship and public service. Government can prosecute the handful $5,711,905,996,688.11 (Five trillion, seven According to Tufts’ President Dr. of Americans who show contempt for hundred eleven billion, nine hundred John DiBiaggio, the tangible impact the flag. To quote James Madison, is five million, nine hundred ninety-six will mean that a major in child devel- this a ‘‘great and extraordinary occa- thousand, six hundred eighty-eight dol- opment who is mentoring kindergarten sion’’ justifying the use of a constitu- lars and eleven cents). kids in a poor community could also tional amendment? Five years ago, April 24, 1995, the participate in legislative advocacy to I would argue no, this is not such an Federal debt stood at $4,839,548,000,000 improve conditions in that community occasion. This is an answer in search of (Four trillion, eight hundred thirty- or, a Tufts student who wants to be a a problem. According to Professor Rob- nine billion, five hundred forty-eight chemist will have an opportunity to ert Justin Goldstein, a noted author on million). measure pollution in nearby water- this topic, there have been only 200 re- Ten years ago, April 24, 1990, the Fed- ways, determine the sources of this ported incidents of flag burning during eral debt stood at $3,066,631,000,000 pollution and then create a local team the entire history of our country—that (Three trillion, sixty-six billion, six to clean them up. is less than one a year. There is no epi- hundred thirty-one million). The need for a college of public serv- demic of flag burnings plaguing our na- Fifteen years ago, April 24, 1985, the ice has never been greater. While Tufts tion. Federal debt stood at $1,731,710,000,000 students, Massachusetts residents, and Others have said that flag burning is (One trillion, seven hundred thirty-one citizens nationwide are volunteering at representative of a general decay of billion, seven hundred ten million). record rates, voter participation rates American values and patriotism, and Twenty-five years ago, April 24, 1975, continue to fall. Just two stops away something needs to be done about it be- the Federal debt stood at on the T’s red line, the ‘‘Vanishing fore it is too late. I would argue the $514,446,000,000 (Five hundred fourteen Voter Project’’ at Harvard’s John F. way to encourage patriotism is billion, four hundred forty-six million) Kennedy School of Government meas- through encouraging civic involve- which reflects a debt increase of more ures the depth of the public’s cynicism ment, not constitutional amendments. than $5 trillion—$5,197,459,996,688.11 and apathy towards public service. It almost goes without saying that peo- (Five trillion, one hundred ninety- Last week, according to the Vanishing ple who are proud of their country will seven billion, four hundred fifty-nine Voter Project’s Voter Involvement be proud of their flag. million, nine hundred ninety-six thou- Index, only 19% of the American public I am still moved by the statement sand, six hundred eighty-eight dollars paid any attention to the Presidential made by James Warner, a decorated and eleven cents) during the past 25 race. In fact, at no time during the Marine flyer who was a prisoner of the years. Presidential Primaries—one of the North Vietnamese from 1967 to 1973, most hotly contested races in years— f about flag burning: did the number of Americans paying I remember one interrogation where I was ADDITIONAL STATEMENTS attention to the race rise above 46%. In shown a photograph of some Americans pro- the world’s leading democracy, in an testing the war by burning a flag. ‘‘There’’ age where limitless information is the officer said. ‘‘People in your country pro- TUFTS UNIVERSITY COLLEGE OF available at our fingertips, we can do test against your cause. That proves that CITIZENSHIP AND PUBLIC SERV- better. you are wrong.’’ ICE ‘‘No,’’ I said, ‘‘that proves that I am right. More than ever, it is critical that we In my country we are not afraid of freedom, ∑ Mr. KERRY. Mr. President, today I restore and maintain civil society. We even if it means that people disagree with applaud Tufts University for furthering need voters that are educated and en- us.’’ the values of leadership, citizenship, gaged. Tapping the cutting edge of the And I think that is the essence of and public service, by founding a Uni- New Economy’s budding e-commerce, this debate for me. We live in a democ- versity College of Citizenship and Pub- Tufts is partnering with eBay founder, racy, not a dictatorship. The flag sym- lic Service. By creating this new col- Pierre Omidyar. eBay, is now the bolizes a political system that allows lege, Tufts’ President, Dr. John world’s leading person-to-person online its people, through their actions and DiBiaggio, is fostering an attitude of trading community. Omidyar’s ten mil- words, to express what they think and ‘‘giving back’’ to supplement the Uni- lion dollar investment in the College of feel, even when the government or a versity’s vision that ‘active citizen par- Public Service includes financial aid vast majority of others disagree with ticipation’ is essential to freedom and packages for 24 undergraduates every them. I oppose this amendment be- democracy. year, enhanced public and private sec- cause I believe that while attempting Tufts has a history of commitment tor internship opportunities, citizen- to preserve the symbol of the freedoms to civic education, having founded the ship-based career workshops, and a sen- we enjoy in this country, it actually Lincoln Filene Center for Citizenship ior honors program in civic activism. would harm the substance of these and Public Affairs over 50 years ago. Mr. President, Tufts University’s Col- freedoms. The largest student organization on lege of Citizenship and Public Service Finally, this amendment to the Con- the Medford campus is the Leonard and its partnership with eBay’s Pierre stitution is technically problematic. Carmichael Society, a community Omidyar illustrates the possibilities The language of the amendment is service group, which boasts about 1,000 provided by technological innovation. vague and fails to offer a clear state- members. Recently, Tufts has hatched The promise of a technology based dig- ment of just what conduct the sup- the ‘‘United Leaders for a Better To- ital democracy is that billions of peo- porters of the amendment propose to morrow,’’ a new student organization ple will engage in business, receive prohibit, or to advise the American that aims to encourage young people to their news, and even vote, directly and

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2858 CONGRESSIONAL RECORD — SENATE April 25, 2000 instantly. Our challenge for this new evolved steadily from a highly re- I include for the RECORD an article age is to continue to foster values of garded regional institution to a truly from the Vanderbilt Register On-Line. public service, community, and citizen- national institution, widely known for The article further details Joe B. ship, in order to constantly renew and its excellence in a wide array of under- Wyatt’s many accomplishments over a re-engage our citizenry and our democ- graduate and graduate fields. Today, it span of nearly two decades as Chan- racy.∑ is among the top ranks of research uni- cellor of the University. Throughout f versities in the United States, with a this period, he has maintained a sharp student body that represents all 50 RETIREMENT OF THE CHAN- focus on two things that really matter states and more than 90 foreign coun- CELLOR OF VANDERBILT UNI- . . . two things that are enduring in tries. VERSITY, JOE B. WYATT our society: quality education of our Chancellor Wyatt is widely regarded nation’s youth and service to the ∑ Mr. FRIST. Mr. President, on April today as a senior statesman of the re- broader community. And he has done 29 the Vanderbilt University commu- search university community. His deep so with honor, decency and credibility. nity will honor Joe B. Wyatt, who will commitment to higher education issues We wish Joe and Faye Wyatt the retire this summer after a long and dis- is exemplified by his participation in, very best, and give them heartfelt tinguished career as Chancellor of that and leadership of, many national advi- thanks for their service to Vanderbilt prestigious university. I rise today to sory groups and policymaking organi- University. pay tribute to Chancellor Wyatt. His zations. For example, he has served the The article follows: significant contributions have not only last two years as chairman of the Gov- JOE B. WYATT, VANDERBILT UNIVERSITY benefitted the Nashville campus, but ernment-University-Industry Research CHANCELLOR, 1982–2000 also have had a very positive impact on Roundtable of the National Academy of When Alexander Heard retired in 1982, the the State of Tennessee and, indeed, our Sciences. He also is the current chair- board named Joe B. Wyatt to succeed him. entire nation. man of the Universities Research Asso- As Chancellor, Wyatt sought to place Van- Joe Wyatt’s tenure as head of Van- ciation and chairs a blue ribbon panel derbilt in the very top tier of American uni- derbilt, which extends back to 1982, has versities. on quality standards for the non-profit been marked by substantial growth at Wyatt, a Texan, holds degrees in mathe- organization, New American Schools. the University: new construction and matics from Texas Christian University and In addition, he serves on the Business renovation on campus; tremendous ex- the University of Texas. He was vice presi- Higher Education Forum, the Council dent for administration at Harvard Univer- pansion of the renowned Medical Cen- on Competitiveness and the Advisory sity—and father of a Vanderbilt sophomore— ter; major increases in the levels of re- Committee of the Public Agenda Foun- when he was selected as Vanderbilt’s sixth search grants; and a quantum leap in dation. Chancellor. As a computer scientist and ex- the university’s endowment. Mr. President, Joe B. Wyatt has ecutive, he brought to the University his Today, Vanderbilt University and concept that information technology is a Medical Center is the largest private made contributions in many areas, but strategic resource of accelerating global im- employer in Middle Tennessee and the I think his greatest legacies will be in portance in education, research and patient second largest in the state. It gen- the following three areas: care. erates an estimated annual economic First, he has fostered greater com- In addition to his influence in technology, impact of more that $2.2 billion to the munication and cooperation among the Wyatt pushed the University community to three sectors most involved in our na- unprecedented levels of involvement in vol- area. Among the 19,000 Vanderbilt unteer community service. Alternative alumni who live in Middle Tennessee tion’s unique research enterprise—uni- versities, the federal government and Spring Break was founded in 1987 by a hand- are numerous leaders in business, gov- ful of students with Wyatt’s support. In ernment, law, education and medicine. industry. spring 1999, more than 300 undergraduates And many of these young men and Chancellor Wyatt is the Chairman of participated in the program’s 22 domestic women were handed their diplomas by a group at NSF devoted to bringing and three international sites. With funding Joe Wyatt before moving on to make a government, universities and busi- from the Chancellor’s discretionary fund, the mark in their chosen fields. nesses together in a collaborative ef- non-profit Break Away: The Alternative Equally important, Mr. Wyatt’s stew- fort to improve our nation’s research Break Connection was founded in 1991 by effort. Vanderbilt graduates to help colleges across ardship has been marked by the aca- the country start alternative spring breaks. demic and intellectual growth of the Second, he has promoted increased awareness of the great responsibility of Today, half of all Vanderbilt undergraduates University. He has helped attract a are engaged in volunteer programs, and the world-class faculty that is consistently our schools of education to ‘‘teach the number of service organizations has ex- recognized nationally and internation- teachers’’ who prepare America’s youth ploded. ally for its research and teaching ex- for the challenges of tomorrow. The term ‘‘national university’’ has taken cellence. In addition, he recognized, Chancellor Wyatt supported a con- on an expanded meaning under Wyatt. He earlier than most, the potential impact troversial provision in the Higher Edu- has led a national effort to improve elemen- of new technology on our society and cation Act of 1998 to hold colleges of tary and secondary education in the nation’s public and private schools, and at home he education, and he facilitated the devel- education accountable for their stu- dents’ performance as teachers. This has made the Vanderbilt student body the opment of research programs that cut most diverse in history. Students hail from across various academic disciplines, re- provision, and Chancellor Wyatt’s deep all 50 states and 91 foreign countries. Minor- flecting changes in the real world and commitment to improving our nation’s ity enrollment in Vanderbilt’s four under- maximizing the University’s academic colleges of education, will have a last- graduate schools has nearly tripled in the resources. ing impact not just on higher edu- past 10 years. In the fall of 1999, minority Personally, in making my own deci- cation, but on our entire elementary students accounted for almost 20 percent of sion of whether to come to Vanderbilt and secondary school system. the undergraduate population, as compared to join the staff at Vanderbilt Univer- Third, he has generated, through per- to slightly less than 7 percent in 1987, while the overall enrollment has remained fairly sity Medical Center as Assistant Pro- sonal example, renewed commitment to volunteer community service by all constant. Over the same period, the number fessor in cardiothoracic surgery, it was of minority students in the graduate and Joe Wyatt’s support of a vision of es- members of the university community. professional schools continued to increase. tablishing a multi-organ, multi-dis- Today, Vanderbilt undergraduates In 1989, for the first time, Vanderbilt’s un- ciplinary transplant center at Vander- are engaged in volunteer programs in dergraduate programs were ranked among bilt that encouraged me to come back unprecedented numbers. It was no acci- the top 25 national universities overall in the to Nashville. His commitment to see- dent that, when they recently came to U.S. News & World Report survey, placing ing that vision become a reality led to say farewell to Vanderbilt alumni in 24th. Vanderbilt continues to be ranked in the establishment of the Vanderbilt the Washington, DC, area, Joe and the top 25, placing 20th in 1999. In U.S. News’ Faye Wyatt spent the day at an inner- 1999 graduate school rankings, Peabody Col- Transplant Center which since that lege was ranked sixth among schools of edu- time has served thousands of patients city elementary school, working along- cation; the Owen Graduate School of Man- throughout the Southeast. side 75 alumni in a reading and story- agement was ranked 25th among business During Joe Wyatt’s 18 years of serv- telling program with local third-grad- schools; the law school was ranked 16th; and ice at Vanderbilt, the university has ers. the School of Medicine was ranked 16th.

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2000 CONGRESSIONAL RECORD — SENATE S2859 During Wyatt’s term as Chancellor, the standards of performance. The North- students who fill their classrooms, Medical Center expanded most dramatically, east and Islands Regional Educational they have been able to create a chal- now accounting for more than 70 percent of Laboratory at Brown University lenging course in which high school the University’s income and expenses and (LAB), a program of The Education Al- employing almost half of the full-time fac- students teach each other, and learn to ulty, more than half of the part-time fac- liance at Brown University, with the express their views in a wide variety of ulty, and the majority of staff. support of the U.S. Department of Edu- media. Since 1982, Vanderbilt has acquired or built cation will publish and disseminate a Tom Tailer, John Vibber and a host one-third of the campus—more than four description of their work and the re- of partners at Mount Abraham Union million square feet of mostly new construc- sults of the work in The Dynamics of tion. This does not include the one million High School developed a physics unit Change in High School Teaching: In- on Newton’s Laws that they expanded additional square feet of renovations to ex- structional Innovation in Five isting facilities, and major projects on the over a decade into a simulation of drawing board. Vermont Professional Development armed, global aggression. Having made Wyatt spent much of the early ’90s work- Schools, which will be released this ‘‘weapons’’ that launch tennis balls ing with trustees and staff in The Campaign summer. (Clarke, et al, 2000) over great distances, Mt. Abraham’s for Vanderbilt, the most ambitious fund-rais- The Montpelier Story, a publication ing effort in the institution’s history. This excerpted from the book and available physics students play out the implica- latest campaign, which ended in 1995, raised now through the LAB, is the story of tions of an unequal distribution of $560 million. Now, because of the work of the success of dedicated educators in global power on the school’s athletic Wyatt and others, Vanderbilt has an endow- collaboration with community part- fields, then compare their struggle to ment of $1.8 billion. Its operating budget has current wars and conflicts around the grown to $1.3 billion. Sponsored research has ners and other resources in providing new, student-centered learning oppor- globe. The ‘‘Physics War’’ is part of a more than quadrupled since 1981, from $42 complete redesign of Mt. Abraham’s million to $214 million, placing Vanderbilt tunities to the young people they 33rd among U.S. colleges and universities in serve. science curriculum that bases student federal research and development funding, At Montpelier High School, Owen learning on performance measured according to the National Science Founda- Bradley, David Gibson, Charlie Phillips against common standards. tion. and the entire faculty have redesigned Each of these projects demonstrates One of Wyatt’s most significant accom- the curriculum to support Personal that high school change occurs when plishments as Chancellor has been the im- Learning Plans for each student in the provement in the quality of Vanderbilt’s fac- individuals reach across the boundaries ulty. The criteria for faculty appointment, school. Montpelier students use their that separate them into departments promotion and tenure have been strength- Personal Learning Plans to select and bureaucratic layers, forming part- ened twice during his administration, mak- courses and to develop community- nerships that empower all participants ing it clear that excellence in scholarship, based learning projects that help them to learn and grow through shared effort teaching and service are required for all meet graduation requirements and on behalf of a common goal: improved members of the faculty. The number of en- carry them toward their individual learning for young people.∑ dowed faculty chairs has increased from 39 in goals in ways that fit their unique tal- 1982 to more than 100 today, and faculty sala- ents and aspirations. The work at ries have continuously increased as well. f On April 23, 1999, Wyatt announced that he Montpelier has already inspired schools would retire as Chancellor in July 2000.∑ across Vermont and spilled over the RECOGNITION OF NATIONAL ASSO- f borders to Maine and beyond, where it CIATION OF RETIRED FEDERAL TRIBUTE TO INNOVATORS IN FIVE serves as a model for redevelopment of EMPLOYEES WEEK VERMONT HIGH SCHOOLS curricula and advising to increase con- tact between students and adults. ∑ Mr. THOMPSON. Mr. President, ∑ Mr. JEFFORDS. Mr. President. I rise Under the leadership of Nancy Cor- Governor Don Sundquist of the State today to pay tribute to educators in nell, Ellie Davine and Bill Petrics of Tennessee has proclaimed April 16– five Vermont high schools whose col- formed a team at Otter Valley High 22, 2000, as ‘‘National Association of laborative work in school improvement School with the purpose of designing a Retired Federal Employees Week’’ in will help high school teachers and ad- standards-based course for students in order to focus attention on the many ministrators across the country under- the school who needed to understand accomplishments of Tennessee’s re- stand how to support high school re- how geography and local decision mak- tired Federal employees. In recognition form. The high schools and their edu- ing affect land use in Vermont. By giv- of the important public service per- cators include: Montpelier High ing each student a topographic map of formed by Federal retirees, I ask my School—Owen Bradley, David Gibson, 100 acres in the State and leading them colleagues to join Governor Sundquist and Charlie Phillips; Otter Valley High through the process of land-use assess- and me in acknowledging the contribu- School in Brandon—Nancy Cornell, ment and planning required by tions retired Federal employees have Ellie Davine, and Bill Petrics; South Vermont’s environmental laws, they il- made to this Nation and their contin- Burlington High School—Tim Comoli, lustrated the application of knowledge ued dedication to our communities. Sheila Mable, and Janet Bossange; and skills in local community develop- Beginning in 1882, a non-partisan Essex High School—Kevin Martell, Sue ment efforts. Pasco, and Brian Nelligan; and Mount Over a period of 15 years at South civil service system was established Abraham High School in Bristol—Tom Burlington High School, Tim Comoli granting Federal employees the protec- Tailer, John Vibber, David Royce and and Sheila Mable, both of the English tions of a merit system, eliminating Mary Sullivan. Department, developed a state-of-the- the spoils system and basing Federal These people are outstanding edu- art media lab that engages students in employment decisions on merit rather cators who understand how to build designing multi-media presentations of than political connection. It is in this partnerships between the community professional quality for public service spirit that Federal employees, over the and school that enrich the experience organizations in their community. De- course of almost 120 years, have served of their students. All five of these high velopment of the media lab provoked a the public interest. Their professional schools have Professional Development complete revision of the district’s tech- lives have been dedicated to per- School partnerships with the Univer- nology education plan, creating a forming and carrying out the respon- sity of Vermont, collaborating to pre- model technology program for the sibilities of the Federal Government. pare new teachers and support veteran State. In an effort to improve the civil serv- teachers on behalf of school renewal. At Essex High School, Kevin Martell, ice, and in recognition of civil serv- Each of them has learned to use local Sue Pasco and Brian Nelligan have ants’ efforts on behalf of the Federal resources to bring high school students worked for more than a decade to de- Government, Congress enacted in 1920 into meaningful contact with adults in sign and refine an integrated course in the first comprehensive employer-spon- the surrounding community, making history and English that engages stu- sored retirement plan - the Civil Serv- learning a part of life. All five schools dents in examining the evolution of ice Retirement System. This system are discovering how to link local inno- human culture from 10,000 BC to the has served the country well since then vations with the national effort to help present. By fitting course assignment and its successor, the Federal Em- all high school students meet high to the individual learning styles of the ployee Retirement System, serves as a

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2860 CONGRESSIONAL RECORD — SENATE April 25, 2000 benchmark in evaluating pension and directly with prime contractors in a Michigan. I also applaud the Battle retirement plans. multitude of capacities, including ad- Creek Enquirer for acknowledging her As the chairman of the Senate Gov- ministrative activities, painting, elec- tireless efforts to do so. On behalf of ernmental Affairs Committee, I can at- trical, mechanical, and plumbing. Stu- the entire United States Senate, I con- test to the effectiveness of NARFE dents were also assigned a mentor who gratulate Ms. Robin Trumbull on re- members in making the case for equi- helped them develop objectives and ceiving her George Award. I could not table retirement and health benefits document their work experiences. The imagine a more deserving recipient.∑ for the more than two million federal construction management teams also retirees and their survivors. prepared outcome reports, which pro- f My State of Tennessee is home to vided guidance for educators to con- more than 37,000 Federal retirees. tinue support of the students’ interests COMERICA PARK CONSTRUCTION These folks, like all federal retirees, once the school year began. MANAGEMENT TEAM RECEIVES served their country through their Mr. President, I applaud the Greater 2000 GENDER AND RACE DIVER- commitment to public service. Federal Detroit Building and Construction SIFICATION EXCELLENCE AWARD retirees deserve our Nation’s thanks Trades Council, and the members of for the dedication they have shown. I the twenty construction management ∑ Mr. ABRAHAM. Mr. President, on hope all my colleagues will join me teams, for their willingness to help May 2, 2000, the Great Lakes Construc- today saluting Federal retirees for a these students. Undoubtedly, their ef- tion Alliance will hold its annual Gen- job well done.∑ forts had a profound impact on the der and Race Diversification Excel- f lives of each and every one of them. lence Awards dinner. Each year, the Furthermore, this is the type of work G.A.R.D.E. Awards are given to labor THE GREATER DETROIT BUILDING that must be done if the revitalization owners and contractor organizations AND CONSTRUCTION TRADES of Detroit is truly to come about. On which have made significant efforts in COUNCIL RECEIVES 2000 GENDER behalf of the entire United States Sen- improving the recruitment and reten- AND RACE DIVERSIFICATION EX- ate, I congratulate the Greater Detroit tion of women and people of color in CELLENCE AWARD Building and Construction Trades the unionized construction industry. ∑ Mr. ABRAHAM. Mr. President, on Council on receiving the 200 Gender Each award winner has developed, or May 2, 2000, the Great Lakes Construc- and Race Diversification Excellence engaged in some substantial program tion Alliance will hold its annual Gen- Award.∑ with the goal of furthering opportuni- der and Race Diversification Excel- f ties for women and people of color, lence Awards dinner. Each year, the which is one of the fundamental prin- G.A.R.D.E. Awards are given to labor THE BATTLE CREEK ENQUIRER ciples upon which the Great Lakes owners and contractor organizations HONORS MS. ROBIN TRUMBULL Construction Alliance was founded. which have made significant efforts in ∑ Mr. ABRAHAM. Mr. President, I rise Nominees are judged by a jury of con- improving the recruitment and reten- today to recognize Ms. Robin Trum- struction industry representatives. To tion of women and people of color in bull, whom the Battle Creek Enquirer be considered for the G.A.R.D.E. the unionized construction industry. will present with a George Award To- Award, programs must show docu- Each award winner has developed, or morrow evening. These awards are mentation, including numbers for mi- engaged in, some substantial program given annually to individuals who norities and women, of the number of with the goal of furthering opportuni- ‘‘Don’t wait around for George to do people added to the organization’s ties for women and people of color, it.’’ Recipients are recognized for their labor force, and promote quality, ac- which is one of the fundamental prin- leadership, and they are usually indi- ceptable construction practices. Ulti- ciples upon which the Great Lakes viduals who have spearheaded projects. mately, the awards are given to those Construction Alliance was founded. Ms. Trumbull is being honored because programs which have made significant Nominees are judged by a jury of con- she is the volunteer founder and presi- efforts to improve the recruitment and struction industry representatives. To dent of Amber Alert of Michigan, a retention of women and people of color be considered for the G.A.R.D.E. nonprofit organization in Battle Creek in the unionized construction industry. Award, programs must show docu- which works to create an effective The recipients of the 2000 G.A.R.D.E. mentation, including numbers for mi- communication system between local Awards are the Human Rights Depart- norities and women, of the number of police and radio stations to imme- ment of the City of Detroit, the Great- people added to the organization’s diately alert community members in er Detroit Building and Construction labor force, and promote quality, ac- the event of a child abduction. Trades Council, and the Comerica Park ceptable construction practices. Ulti- The first few hours after an abduc- Construction Management Team. mately, the awards are given to those tion has occurred are the most crucial programs which have made significant in recovering the child, and the imple- Comercia Park is the new home of efforts to improve the recruitment and mentation of this effective emergency the Detroit Tigers. It is a breath- retention of women and people of color broadcast plan has the potential to taking, state-of-the-art facility. In my in the unionized construction industry. save the lives of many children. The or- somewhat biased opinion, it is not only The recipients of the 2000 G.A.R.D.E. ganization, which started in the Dallas/ the newest, but also the nicest, sta- Awards are the Human Rights Depart- Fort Worth area in the memory of dium in the Major Leagues. Its con- ment of the City of Detroit, the Great- Amber Hagerman, has since spread struction would not have been possible er Detroit Building and Construction throughout the country. It has done so were it not for the efforts of the many Trades Council, and the Comerica Park because of the incredible efforts of in- people who helped to build it. The con- Construction Management Team. dividuals like Robin Trumbull. struction of Comerica Park was a con- The Greater Detroit Building and I have had the privilege of working glomerate effort, which was led by the Construction Trades Council, with Bar- with Ms. Trumbull on this worthwhile Construction Management Team of ton-Malow acting as program manager, cause, and I think I can safely say that Hunt, Turner, and White, Tigers Gen- formed twenty construction manage- all residents of Michigan owe her a eral Manager John McHale, Jr., and ment teams, which together coordi- debt of gratitude for the work she has aided by many Detroit City organiza- nated over 750,000 hours of service dur- done to save children from being ab- tions: the Downtown Development Au- ing the Detroit Public Schools Summer ducted, and to help recover those who thority, the Minority Business Devel- Emergency Maintenance Program. 130 have been abducted as quickly as pos- opment Council, the African American minority students, thirty-seven per- sible. Because of her efforts, and her Association of Business Contractors, cent of whom were female, participated dedication to the children of Michigan, and the Majority Business Initiative. in the Summer Emergency Mainte- the Amber Alert program has been The Comerica Park project, with the nance Program. The twenty construc- kicked off successfully. cooperation of the aforementioned in- tion management teams provided these I applaud Ms. Trumbull for bringing dividuals and organizations, and also students with the opportunity to work this wonderful program to the State of Detroit residents, targeted specific

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2000 CONGRESSIONAL RECORD — SENATE S2861 groups for participation in its comple- This community spirit and support have no impact on my defense of Amer- tion. The program resulted in the par- played a large role, perhaps not in the ica’s tradition as a nation of immi- ticipation of 25 percent minority busi- on the court success of the team, but grants. Organizations like LA SED il- nesses, five percent women-owned busi- definitely in the overall enjoyment of lustrate to me everyday that in this re- nesses, 34 percent Detroit-based busi- their accomplishment. I am sure that gard, I am doing the right thing. nesses, and 25 percent small businesses. the championship was made all the Mr. President, I extend my warmest Workforce utilization resulted in mi- more special for the players when their regards and appreciation to Jane Gar- norities comprising 38.15 percent of em- victory lap was halted by a sea of yel- cia, chairperson of the luncheon, and ployees constructing the stadium. low shirts. And for all the students and also a wonderful friend whom I have Women comprised 4.28 percent, and an- community members who occupied had the pleasure of working with over other 30.53 percent were residents of those yellow shirts, I am sure it was the years. I would also like to acknowl- Detroit. just as wonderful an experience seeing edge Mr. Anthony F. Early, President Mr. President, I applaud the diverse kids that they grew up with, or and C.E.O. of Detroit Edison, who will group of people who were responsible watched grow up, successfully com- be the keynote speaker of the Recogni- for the building of Comerica Park. The plete their run for the title. And this, tion Luncheon. Finally, I thank every- stadium stands as a symbol of the hope Mr. President, is the aspect of high one who is involved in making LA SED that I think many Detroit residents school athletics that is truly irreplace- such a tremendous and effective orga- now feel for their city. More impor- nization. On behalf of the entire United able. tantly, all Michigan residents can take Mr. President, I applaud both Lan- States Senate, I wish LA SED contin- ∑ pride not only in the final product, but sing Waverly and Detroit Pershing on ued success in the future. in the production itself. On behalf of the completion of very successful sea- f the entire United States Senate, I con- sons. And, on behalf of the entire gratulate the Comerica Park Construc- THE HUMAN RIGHTS DEPARTMENT United States Senate, I congratulate tion Management Team on receiving a OF THE CITY OF DETROIT RE- the Waverly Warriors on winning the Gender and Race Diversification Excel- CEIVES 2000 GENDER AND RACE 2000 M.H.S.A.A. Class A Boys Basket- lence Award.∑ DIVERSIFICATION EXCELLENCE ball Championship.∑ AWARD f f ∑ Mr. ABRAHAM. Mr. President, on THE WAVERLY WARRIORS WIN LATIN AMERICANS FOR SOCIAL May 2, 2000, the Great Lakes Construc- THE MICHIGAN HIGH SCHOOL AND ECONOMIC DEVELOPMENT, tion Alliance will hold its annual Gen- ATHLETIC ASSOCIATION CLASS INC., ANNUAL RECOGNITION der and Race Diversification Excel- A BOYS BASKETBALL CHAMPION- LUNCHEON lence Awards dinner. Each year, the SHIP G.A.R.D.E. Awards are given to labor ∑ Mr. ABRAHAM. Mr. President, I rise ∑ Mr. ABRAHAM. Mr. President, I rise owners and contractor organizations today to recognize Latin-Americans for today to congratulate the members of which have made significant efforts in Social and Economic Development, the Waverly Warriors Boys Basketball improving the recruitment and reten- Inc., a nonprofit, community based or- Team, who defeated Detroit Pershing tion of women and people of color in ganization which has served Southwest 75–63 to win the Michigan High School the unionized construction industry. Athletic Association Class A State Detroit area individuals and businesses Each award winner has developed, or Championship. This victory brought with a variety of social and self-help engaged in, some substantial program Waverly High School its first ever services for the past thirty-one years. with the goal of furthering opportuni- state title. More importantly, it On May 2, 2000, LA SED will hold its ties for women and people of color, brought the entire west side of Lansing annual Recognition Luncheon, an which is one of the fundamental prin- together, as it was an experience en- event which provides the organization ciples upon which the Great Lakes joyed not only by the players on the the opportunity to acknowledge the ef- Construction Alliance was founded. team, or even the students of the forts of outstanding Hispanic citizens Nominees are judged by a jury of con- school, but by the entire community. of the Detroit community. struction industry representatives. To Coach Phil Odlum’s team went 25–2 It is appropriate that the theme of be considered for the G.A.R.D.E. on its way to capturing the state title. this year’s luncheon is, ‘‘21st Century: Award, programs must show docu- The Warriors were led by seniors Hispanics Count in Detroit’s Future.’’ mentation, including numbers for mi- Marcus Taylor and Cortney Scott, who Since its founding in 1969, LA SED has norities and women, of the number of will attend, respectively, Michigan been instrumental in ensuring that people added to the organization’s State University and the University of Hispanic citizens play a large role in labor force, and promote quality, ac- Iowa on basketball scholarships in the the Detroit community. And now, Mr. ceptable construction practices. Ulti- fall. Seniors Terry Reddick, Melvin President, there is finally an excite- mately, the awards are given to those White, and Chris Miller rounded out ment about the future of the city of programs which have made the great- the starting five. These five players Detroit that has not been evident for est efforts to improve the recruitment were backed by an extremely solid quite some time. There is a real feeling and retention of women and people of bench, both in the remaining players that the city’s future is going to look color in the unionized construction in- on the team and in the community sup- brighter than the past. And groups like dustry. The recipients of the 2000 port they received. LA SED, who outwardly display their G.A.R.D.E. Awards are the Human In the hierarchy of athletic competi- own optimism for the future of Detroit, Rights Department of the City of De- tion, Mr. President, high school ath- and for the integral role that Hispanics troit, the Great Detroit Building and letics represent the last time a commu- can play, and have played, in this pic- Construction Trades Council, and the nity is able to look out onto the play- ture of success, are a large reason for Comerica Park Construction Manage- ing field, or, in this case, court, and the excitement. ment Team. say, ‘‘These are our kids.’’ There is an Mr. President, as Chairman of the In 1998, the City of Detroit’s Human attachment there, and also, I think, a Subcommittee on Immigration, it has rights Department, which is respon- certain level of pride, that cannot be been my pleasure to hold hearings on sible for promoting and enforcing a found at higher levels of play. A com- the positive contributions immigrants construction workforce diversity pro- munity can embrace a team as its own make to this country in areas such as gram through its administration of Ex- because that is what it truly is. And science, the arts, and the armed forces. ecutive Order 22, recognized an increas- the west side of Lansing did embrace It was my pleasure to sponsor legisla- ing number of construction projects these kids. Clad in bright yellow t- tion awarding the Congressional Medal coupled with a shortage of qualified shirts, a large band of Waverly sup- of Honor to Alfred Rascon, a Mexican skilled trades people. Their solution to porters staked a claim on the northern- immigrant who heroically saved the this problem was to implement a Con- most side of the Breslin Center in East lives of men in his platoon during the struction Workforce Diversity Pro- Lansing, Michigan, and cheered on Vietnam War. And though I have my gram, altering the monitoring guide- their Warriors. critics, their unfounded attacks will lines of Executive Order 22. The new

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2862 CONGRESSIONAL RECORD — SENATE April 25, 2000 guidelines aim at maximizing the num- development of methane hydrate resources, pheric Administration Fees Act of 2000’’; to ber of Detroit residents, minorities, and for other purposes. the Committee on Commerce, Science, and and women in the construction indus- H.R. 3063. An act to amend the Mineral Transportation. EC–8528. A communication from the Office try while maintaining the quality of Leasing Act to increase the maximum acre- age of Federal leases for sodium that may be of Personnel Management, transmitting, the end product. They have achieved held by an entity in any one State, and for pursuant to law, the report of a rule entitled success in this regard through in- other purposes. ‘‘Repeal of Dual Compensation Reductions creased enrollment in pre-apprentice H.R. 2862. An act to direct the Secretary of for Military Retirees’’ (RIN3206–AI92), re- and apprentice programs; through the the Interior to release reversionary interests ceived April 11, 2000; to the Committee on establishment of partnerships with held by the United States in certain parcels Governmental Affairs. EC–8529. A communication from the Coun- residents, business leaders, trade asso- of land in Washington County, Utah, to fa- cilitate an anticipated land exchange. cil of the District of Columbia, transmitting, ciations, unions, and ecumenical com- pursuant to law, a report on D.C. Act 13–296, munity city agencies; through the de- H.R. 2368. An act to assist in the resettle- ment and relocation of the people of Bikini ‘‘Tax Conformity Act of 2000’’; to the Com- velopment of an internal information Atoll by amending the terms of the trust mittee on Governmental Affairs. EC–8530. A communication from the Coun- network; and through the review and fund established during the United States cil of the District of Columbia, transmitting, validation of certified payrolls, skilled administration of the Trust Territory of the pursuant to law, a report on D.C. Act 13–302, trade reports and subcontractor re- Pacific Islands. ‘‘Management Supervisory Service Exclusion H.J. Res. 86. Joint resolution recognizing ports. Amendment Act of 2000’’; to the Committee the 50th anniversary of the Korean War and Mr. President, I applaud the efforts on Governmental Affairs. of the Human Rights Department to di- the service by members of the Armed Forces EC–8531. A communication from the Coun- versify the City of Detroit’s workforce. during such war and for other purposes. cil of the District of Columbia, transmitting, Their efforts serve as a wonderful ex- Under the authority of the order of pursuant to law, a report on D.C. Act 13–303, ample to other agencies in Detroit and the Senate of January 6, 1999, the en- ‘‘Limited Liability Company Amendment throughout the State of Michigan. On rolled bills and joint resolution were Act of 2000’’; to the Committee on Govern- signed subsequently by the President mental Affairs. behalf of the entire United States Sen- EC–8532. A communication from the Coun- ate, I congratulate the Human Rights pro tempore (Mr. THURMOND) on April cil of the District of Columbia, transmitting, Department of the City of Detroit on 20, 2000. pursuant to law, a report on D.C. Act 13–304, receiving this year’s Gender and Race f ‘‘Harry L. Thomas, Sr. Recreation Center Diversification Excellence Award.∑ Designation Temporary Act of 2000’’; to the ENROLLED BILLS PRESENTED Committee on Governmental Affairs. f The Secretary of the Senate reported EC–8533. A communication from the Coun- on April 14, 2000, he had presented to cil of the District of Columbia, transmitting, MESSAGES FROM THE PRESIDENT pursuant to law, a report on D.C. Act 13–301, the President of the United States, the Messages from the President of the ‘‘Performance Rating Levels Amendment following enrolled bill: United States were communicated to Act of 2000’’; to the Committee on Govern- the Senate by Mr. Williams, one of his S. 1287. An act to provide for the storage of mental Affairs. EC–8534. A communication from the Coun- secretaries. spent nuclear fuel pending completion of the nuclear waste repository, and for other pur- cil of the District of Columbia, transmitting, EXECUTIVE MESSAGES REFERRED poses. pursuant to law, a report on D.C. Act 13–313, As in executive session the Presiding The Secretary of the Senate reported ‘‘Comprehensive Advisory Neighborhood Commissions Reform Amendment Act of Officer laid before the Senate messages on April 20, 2000, he had presented to from the President of the United 2000’’; to the Committee on Governmental the President of the United States, the Affairs. States submitting sundry nominations following enrolled bills: EC–8535. A communication from the Coun- which were referred to the appropriate S. 1567. An act to designate the United cil of the District of Columbia, transmitting, committees. States courthouse located at 223 Broad Ave- pursuant to law, a report on D.C. Act 13–300, (The nominations received today are nue in Albany, Georgia, as the ‘‘C.B. King ‘‘Retail Service Station Amendment Act of printed at the end of the Senate pro- United States Courthouse.’’ 2000’’; to the Committee on Governmental ceedings.) S. 1769. An act to exempt certain reports Affairs. from automatic elimination and sunset pur- EC–8536. A communication from the Coun- f suant to the Federal Report Elimination and cil of the District of Columbia, transmitting, MESSAGE FROM THE HOUSE Sunset Act of 1995, and for other purposes. pursuant to law, a report on D.C. Act 13–299, ‘‘Fairness in Real Estate Transactions and RECEIVED DURING ADJOURNMENT f Retirement Funds Protection Amendment ENROLLED BILLS AND JOINT RESOLUTION EXECUTIVE AND OTHER Act of 2000’’; to the Committee on Govern- SIGNED COMMUNICATIONS mental Affairs. Under the authority of the order of EC–8537. A communication from the Coun- The following communications were cil of the District of Columbia, transmitting, the Senate of January 6, 1999, the Sec- laid before the Senate, together with pursuant to law, a report on D.C. Act 13–298, retary of the Senate, on April 18, 2000, accompanying papers, reports, and doc- ‘‘Tax Increment Financing Amendment Act during the adjournment of the Senate, uments, which were referred as indi- of 2000’’; to the Committee on Governmental received a message from the House of cated: Affairs. Representatives announcing that the EC–8538. A communication from the Coun- EC–8524. A communication from the Sec- acting speaker (Mr. WOLF) has signed cil of the District of Columbia, transmitting, retary of Transportation, transmitting a the following enrolled bills and joint pursuant to law, a report on D.C. Act 13–297, draft of proposed legislation entitled ‘‘Coast ‘‘Assisted Living Residence Regulatory Act resolution: Guard Authorization Act of 2000’’; to the of 2000’’; to the Committee on Governmental H.R. 2863. An act to clarify the legal effect Committee on Commerce, Science, and Affairs. on the United States of the acquisition of a Transportation. EC–8539. A communication from the Office parcel of land in the Red Cliffs Desert Re- EC–8525. A communication from the Sec- of Postsecondary Educational, Department serve in the State of Utah. retary of Transportation, transmitting a of Education, transmitting, pursuant to law, H.R. 1615. An act to amend the Wild and draft of proposed legislation relative to en- the report of a rule entitled ‘‘Final Regula- Scenic Rivers Act to extend the designation hanced safety and environmental protection tions—Gaining Early Awareness and Readi- of a portion of the Lamprey River in New in pipeline transportation, and for other pur- ness for Undergraduate Programs (GEAR Hampshire as a recreational river to include poses; to the Committee on Commerce, UP)’’ (RIN1840–AC82), received April 20, 2000; an additional river segment. Science, and Transportation. to the Committee on Health, Education, H.R. 3090. An act to amend the Alaska Na- EC–8526. A communication from the Acting Labor, and Pensions. tive Claims Settlement Act to restore cer- General Counsel, Department of Defense, EC–8540. A communication from the Office tain lands to the Elim Native Corporation, transmitting a draft of proposed legislation of Legislative Affairs, Department of State, and for other purposes. relative to the Management of the DoD and transmitting, pursuant to the Arms Export H.R. 1231. An act to direct the Secretary of the transfer of naval vessels to foreign coun- Control Act, a report relative to certifi- Agriculture to convey certain National For- tries; to the Committee on Armed Services. cation of a proposed license for the export of est lands to Elko County, Nevada, for contin- EC–8527. A communication from the Gen- defense articles or defense services sold com- ued use as a cemetery. eral Counsel, Department of Commerce, mercially under a contract in the amount of H.R. 1753. An act to provide the research, transmitting a draft of proposed legislation $50,000,000 or more to Japan; to the Com- identification, assessment, exploration, and entitled the ‘‘National Oceanic and Atmos- mittee on Foreign Relations.

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2000 CONGRESSIONAL RECORD — SENATE S2863 EC–8541. A communication from the Office transmitting, pursuant to law, the report 5–000, Order No. 639), received April 19, 2000; of Legislative Affairs, Department of State, containing the plan of the Department to ad- to the Committee on Energy and Natural Re- transmitting, pursuant to the Arms Export dress each material weakness, reportable sources. Control Act, a report relative to certifi- condition and noncompliance with an appli- EC–8563. A communication from the Roy- cation of a proposed license for the export of cable law or regulation identified in the alty Management Program, Minerals Man- defense articles or defense services sold com- audit of the Federal Housing Administra- agement Service, Department of the Interior mercially under a contract in the amount of tion’s fiscal year 1998 financial statements; transmitting, pursuant to law, a report of $50,000,000 or more to Japan; to the Com- to the Committee on Banking, Housing, and the Department’s intention to make refunds mittee on Foreign Relations. Urban Affairs. of offshore lease revenues; to the Committee EC–8542. A communication from the Office EC–8552. A communication from the Office on Energy and Natural Resources. of Legislative Affairs, Department of State, of Defense Procurement, Department of De- EC–8564. A communication from the Na- transmitting, pursuant to the Arms Export fense, transmitting, pursuant to law, the re- tional Capital Planning Commission, trans- Control Act, a report relative to certifi- port of a rule entitled ‘‘Utilization of Indian mitting, pursuant to law, the report of the cation of a proposed license for the export of Organizations and Indian-Owned Economic Office of Inspector General for fiscal year defense articles or defense services sold com- Enterprises’’ (DFARS Case 99–D300), received 1999; to the Committee on Governmental Af- mercially under a contract in the amount of April 12, 2000; to the Committee on Armed fairs. $50,000,000 or more to Egypt; to the Com- Services. EC–8565. A communication from the Na- mittee on Foreign Relations. EC–8553. A communication from the Office tional Science Foundation, transmitting, EC–8543. A communication from the Office of Defense Procurement, Department of De- pursuant to law, the fiscal year 2000 GPRA of Legislative Affairs, Department of State, fense, transmitting, pursuant to law, the re- Performance Plan; to the Committee on Gov- transmitting, pursuant to the Arms Export port of a rule entitled ‘‘Manufacturing Tech- ernmental Affairs. EC–8566. A communication from the Postal Control Act, a report relative to certifi- nology Program’’ (DFARS Case 99–D302), re- Rate Commission relative to proposed postal cation of a proposed license for the export of ceived April 12, 2000; to the Committee on rate increases; to the Committee on Govern- defense articles or defense services sold com- Armed Services. mercially under a contract in the amount of EC–8554. A communication from the Office mental Affairs. EC–8567. A communication from the Audi- $50,000,000 or more to Japan; to the Com- of Defense Procurement, Department of De- tor of the District of Columbia, transmit- mittee on Foreign Relations. fense, transmitting, pursuant to law, the re- ting, pursuant to law, a report entitled EC–8544. A communication from the Office port of a rule entitled ‘‘Caribbean Basin of Legislative Affairs, Department of State, ‘‘Analysis of the FY 2001 Proposed Revenue Countries’’ (DFARS Case 2000–D006), received Forecast and FY 2000 Revised Revenue Fore- transmitting, pursuant to the Arms Export April 12, 2000; to the Committee on Armed Control Act, a report relative to certifi- cast’’; to the Committee on Governmental Services. Affairs. cation of a proposed license for the export of EC–8555. A communication from the Office defense articles or defense services sold com- EC–8568. A communication from the U.S. of Educational Research and Improvement Trade and Development Agency submitting mercially under a contract in the amount of transmitting, pursuant to law, the report of $50,000,000 or more to Saudi Arabia; to the its annual audit for FY 1999; to the Com- a rule entitled ‘‘National Awards Program mittee on Governmental Affairs. Committee on Foreign Relations. for Effective Teacher preparation—Notice of EC–8545. A communication from the Office EC–8569. A communication from the Office Eligibility and Selection Criteria’’, received of Legislative Affairs, Department of State, of Personnel Management, transmitting, April 12, 2000; to the Committee on Health, transmitting, pursuant to the Arms Export pursuant to law, the report of a rule entitled Education, Labor, and Pensions. Control Act, a report relative to certifi- ‘‘Retirement and Insurance—Automation EC–8556. A communication from the Regu- cation of a proposed license for the export of and Simplification of FERS Employee lations Unit, Internal Revenue Service, De- defense articles or defense services sold com- Record Keeping During an Intra-Agency partment of the Treasury, transmitting, pur- mercially under a contract in the amount of Transfer’’ (RIN3206–AJ02), received April 19, suant to law, the report of a rule entitled $50,000,000 or more to Germany, the Nether- 2000; to the Committee on Governmental Af- ‘‘Rev. Proc. 2000–14’’, received April 13, 2000; lands, Norway, Denmark, France, Italy, fairs. to the Committee on Finance. United Kingdom, and the European Space EC–8570. A communication from the Office EC–8557. A communication from the Chief Agency; to the Committee on Foreign Rela- of Personnel Management, transmitting, Justice of the Supreme Court of the United tions. pursuant to law, the report of a rule entitled EC–8546. A communication from the Office States, transmitting, pursuant to law, the ‘‘Full Consideration of Displaced Defense of Legislative Affairs, Department of State, amendments to the Federal Rules of Bank- Employees’’ (RIN3206–AF36), received April transmitting, pursuant to the Arms Export ruptcy Procedure that have been adopted by 19, 2000; to the Committee on Governmental Control Act, a report relative to certifi- the Supreme Court; to the Committee on the Affairs. cation of a proposed license for the export of Judiciary. EC–8571. A communication from the Assist- defense articles or defense services sold com- EC–8558. A communication from the Chief ant Secretary of Defense, Health Affairs, mercially under a contract in the amount of Justice of the Supreme Court of the United transmitting, pursuant to law, a report rel- $50,000,000 or more to Australia; to the Com- States, transmitting, pursuant to law, the ative to the scope of preventative health mittee on Foreign Relations. amendments to the Federal Rules of Evi- care benefits provided to all eligible EC–8547. A communication from the Office dence that have been adopted by the Su- TRICARE beneficiaries; to the Committee on of Legislative Affairs, Department of State, preme Court; to the Committee on the Judi- Armed Services. transmitting, pursuant to the Arms Export ciary. EC–8572. A communication from the Under Control Act, a report relative to certifi- EC–8559. A communication from the Chief Secretary of Defense, Personnel and Readi- cation of a proposed license for the export of Justice of the Supreme Court of the United ness transmitting, pursuant to law, a report defense articles or defense services sold com- States, transmitting, pursuant to law, the relative to the elimination of the backlog of mercially under a contract in the amount of amendments to the Federal Rules of Civil requests for the issuance or replacement of $50,000,000 or more to French Guiana; to the Procedure that have been adopted by the Su- military decorations; to the Committee on Committee on Foreign Relations. preme Court; to the Committee on the Judi- Armed Services. EC–8548. A communication from the Assist- ciary. EC–8573. A communication from the Assist- ant Secretary, Legislative Affairs, Depart- EC–8560. A communication from the Chief ant Secretary of Defense, Force Management ment of State, transmitting, pursuant to the Justice of the Supreme Court of the United Policy, transmitting, pursuant to law, a re- Arms Export Control Act, a report relative States, transmitting, pursuant to law, the port relative to the pricing of tobacco prod- to certification of a proposed Manufacturing amendments to the Federal Rules of Crimi- ucts sold in military exchanges and com- License Agreement with Japan; to the Com- nal Procedure that have been adopted by the missary stores; to the Committee on Armed mittee on Foreign Relations. Supreme Court; to the Committee on the Ju- Services. EC–8549. A communication from the Office diciary. EC–8574. A communication from the Under of Legislative Affairs, Department of State, EC–8561. A communication from the Acting Secretary of Defense, Acquisition and Tech- transmitting, pursuant to the Foreign Oper- Secretary of the Interior, transmitting a nology, transmitting, pursuant to law, a re- ations Export Financing and Related Pro- draft of proposed legislation relative to port on the review of profit guidelines in the grams Act, 2000, a notification of our intent waiver and indemnification in mutual law Defense Federal Acquisition Regulation Sup- to obligate funds for purposes of Non- enforcement agreements between the Na- plement; to the Committee on Armed Serv- proliferation and Disarmament Fund activi- tional Park Service and a state or political ices. ties; to the Committee on Foreign Relations. subdivision; to the Committee on Energy and EC–8575. A communication from the Under EC–8550. A communication from the Sec- Natural Resources. Secretary of Defense, Acquisition, Tech- retary of Labor transmitting, pursuant to EC–8562. A communication from the Fed- nology and Logistics transmitting, pursuant law, the report relative to the processing of eral Energy Regulatory Commission trans- to law, a report relative to the proposed cases under the Uniformed Services Employ- mitting, pursuant to law, the report of a rule amount of staff-years of technical effort to ment and Reemployment Act; to the Com- entitled ‘‘Regulations under the Outer Conti- be funded by the DoD for each federally fund- mittee on Veterans’ Affairs. nental Shelf Lands Act Governing the Move- ed research and development center for fiscal EC–8551. A communication from the Sec- ment of Natural Gas on Facilities on the year 2001; to the Committee on Armed Serv- retary of Housing and Urban Development, Outer Continental Shelf’’ (Docket No. RM00– ices.

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2864 CONGRESSIONAL RECORD — SENATE April 25, 2000 EC–8576. A communication from the Re- Resolved by the senate, the assembly concur- model (TRICARE) as an option for military serve Forces Policy Board, Department of ring, That the members of the Wisconsin leg- health care and imposed enrollment fees for Defense transmitting a report relative to the islature request Congress to address prob- military managed care plans; and Anthrax Vaccination Program for the Total lems in the meat-processing industry con- Whereas, a series of recent base closures Force; to the Committee on Armed Services. cerning packing, processing and marketing between 1988 and 1995 and further drawdowns EC–8577. A communication from the Office capacities; and, be it further of remaining military medical treatment fa- of Defense Procurement, Department of De- Resolved, That the members of the Wis- cilities has made access to health care in fense, transmitting, pursuant to law, the re- consin legislature request Congress to amend military medical treatment facilities ex- port of a rule entitled ‘‘Foreign Acquisition’’ the Federal Meat Inspection Act and the tremely difficult for many military retirees; (DFARS Case 98–D028), received April 19, Federal Poultry Products Inspection Act to and 2000; to the Committee on Armed Services. allow for interstate shipment of all state-in- Whereas, CHAMPUS and the TRICARE EC–8578. A communication from the Office spected meats; and, be it further managed care programs that have evolved of Regulations Management, Department of Resolved, That the senate chief clerk shall from CHAMPUS do not provide the adequate Veterans Affairs, transmitting, pursuant to provide copies of this joint resolution to the health care promised to military retirees and law, the report of a rule entitled ‘‘Modified President of the Senate and the Speaker of are inferior to care available to other federal Eligibility Criteria for the Montgomery GI the House of Representatives of the United retirees; and Bill-Active Duty’’ (RIN2900–AJ69), received States and to each of the senators and rep- Whereas, on September 28, 1999, H.R. 2966, April 19, 2000; to the Committee on Veteran’s resentatives from Wisconsin. ‘‘The Keep Our Promise to America’s Mili- Affairs. POM–456. A joint resolution adopted by the tary Retirees Act,’’ was introduced to pro- EC–8579. A communication from the Indian Legislature of the State of Tennessee rel- vide all Medicare-eligible military retirees Health Service, Department of Health and ative to ethnicity categories for educational the opportunity and option to either enroll Human Services transmitting, pursuant to data reporting; to the Committee on Health, in the Federal Employees Health Benefits law, the report of a rule entitled ‘‘Currently Education, Labor, and Pensions. Program (FEHBP–65) or remain in TRICARE Effective Indian Health Service Eligibility past age 65; and Regulations’’ (RIN0917–AA03), received April SENATE JOINT RESOLUTION NO. 71 Whereas, a key component of the legisla- 19, 2000; to the Committee on Indian Affairs. Be it resolved by the senate of the one hun- tion would make military retirees who en- EC–8580. A communication from the Under dred first General Assembly of the State of Ten- tered the service prior to CHAMPUS eligible Secretary of Defense, Comptroller transmit- nessee, the house of representatives concurring, for health care under the Federal Employee ting, pursuant to law, the report of a viola- That this General Assembly hereby memori- Health Benefits Program, with the govern- tion of the Antideficiency Act at Kadena Air alizes the United States Congress to study ment paying the full cost of enrollment; and Base, Okinawa; to the Committee on Appro- the need to increase the number and speci- Whereas, restoring adequate health care priations. ficity of ethnicity categories used for the re- coverage to military retirees is long overdue; EC–8581. A communication from the Office porting of educational data. now, therefore, be it of Management and Budget, Executive Office Be it further resolved, That an enrolled copy Resolved by the Senate, the House of Dele- of the President, transmitting, pursuant to of this resolution be transmitted to the gates concurring, That the Congress of the law, a report of Pay-As-You-Go Calculations; President and the Secretary of the U.S. Sen- United States be urged to enact ‘‘The Keep to the Committee on the Budget. ate, the Speaker and the Clerk of the U.S. Our Promise to America’s Military Retirees EC–8582. A communication from the Immi- House of Representatives and the each mem- Act’’; and, be it gration and Naturalization Service, Depart- ber of Tennessee’s Congressional Delegation. Resolved further, That the Clerk of the Sen- ment of Justice transmitting, pursuant to ate transmit copies of the resolution to the law, the report of a rule entitled ‘‘Adjust- POM–457. A joint resolution adopted by the Speaker of the House of Representatives, the ment of Status for Certain Polish and Hun- Legislature of the Commonwealth of Vir- President of the United States Senate, and garian Parolees’’ RIN1115–AE25), received ginia relative to the proposed ‘‘Keep Our the members of the Congressional Delega- April 24, 2000; to the Committee on the Judi- Promise to Military Retirees Act’’; to the tion of Virginia in order that they may be ciary. Committee on Armed Services. apprised of the sense of the General Assem- bly of Virginia in this matter. f SENATE JOINT RESOLUTION NO. 35 PETITIONS AND MEMORIALS Whereas, millions of men and women of the POM–458. A joint resolution adopted by the The following petitions and memo- uniformed services have served with honor, Legislature of the Commonwealth of Vir- valor, and courage in protecting our nation’s rials were laid before the Senate and ginia relative to the selection of Fort freedom and peace; and Belvoir as the site of the United States were referred or ordered to lie on the Whereas, many recruited for the uniformed Army Museum; to the Committee on Armed table as indicated: services prior to 1956 were reportedly prom- Services. POM–455. A joint resolution adopted by the ised free lifetime health care upon retire- SENATE JOINT RESOLUTION NO. 92 Legislature of the State of Wisconsin rel- ment if they served for 20 years or more in Whereas, the Department of the Army has ative to the Federal Meat Inspection Act and the service, although no health care statute been granted approval by the Congress to es- the Federal Poultry Products Inspection existed; and tablish a national United States Army Mu- Act; to the Committee on Agriculture, Nu- Whereas, in 1956, the Dependent Medical seum; and trition, and Forestry. Care Act was passed, entitling those who en- Whereas, among the sites being considered SENATE JOINT RESOLUTION 13 tered the service on or after June 7, 1956, and for the United States Army Museum is Fort Whereas, currently, federal law prohibits retired with a minimum of 20 years of serv- Belvoir, Virginia; and cattle, sheep, swine, goat, chicken, turkey, ice, to medical and dental care in any med- Whereas, located near the nation’s capitol, duck, goose and guinea fowl products that ical facility of the uniformed services, sub- with its wealth of historic sites, Fort Belvoir are inspected under state meat inspection ject to the availability of space and facili- would prove a worthy addition to the Wash- programs from being shipped across state ties, and capabilities of the medical staff; ington area’s attractions; and lines, while federal law allows state-in- and Whereas, Northern Virginia is home to spected ostrich, venison, buffalo and pheas- Whereas, the Military Medical Benefits many sites of military and historic signifi- ant to be shipped across state lines; and Amendments of 1966 created the Civilian cance, among them Arlington Memorial Whereas, foreign meat products may be Health and Medical Program of the Uni- Cemetery and the Iwo Jima Memorial; and shipped freely among the states; and formed Services (CHAMPUS), the first fee- Whereas, the home of the nation’s first Whereas, Wisconsin has 300 state-inspected based program for military health care re- commander-in-chief, George Washington, plants, none of which is allowed to market cipients that included treatment by civilian lies almost adjacent to Fort Belvoir at products in interstate commerce due to an providers; and Mount Vernon; and outdated federal law; and Whereas, the 1966 amendments further Whereas, many residents of Northern Vir- Whereas, Wisconsin and the United States stipulated that any person entitled to hos- ginia are collectors of military memorabilia are currently suffering from a hog market pital insurance benefits under Title I of the dating back to the American Revolution, and crisis, including a closure of packing facili- Social Security Amendment of 1965 would their willingness to lend such material to ties and a reduction in slaughter activity, not be eligible for CHAMPUS benefits; and the Army Museum would be enhanced by its due in part to these outdated interstate re- Whereas, provider choice became more lim- proximity to their homes; and strictions; and ited after the passage of the Defense Appro- Whereas, the United States Army Museum Whereas, the Federal Meat Inspection Act priations Act for Fiscal Year 1991, which low- would prove an asset to the Northern Vir- and the Federal Poultry Products Inspection ered the CHAMPUS reimbursement rate to ginia area, and a Fort Belvoir location would Act are restricting the opportunity for these the level of Medicare, leading to the exodus make the museum a convenient stop for the small plants to expand their markets across of many physicians from the CHAMPUS pro- many Americans interested in the nation’s state lines, provide additional slaughter ca- gram; and military history; now, therefore, be it pacity for pork producers and increase the Whereas, the Defense Authorization Acts Resolved by the Senate, the House of Dele- demand for their products; now, therefore, be of Fiscal Year 1994 and Fiscal Year 1995 cre- gates concurring, That the General Assem- it ated a Health Maintenance Organization bly hereby respectfully request that Fort

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2000 CONGRESSIONAL RECORD — SENATE S2865 Belvoir be given favorable consideration as REPORTS OF COMMITTEES Mr. MCCONNELL, Mr. HATCH, Mr. the site of the United States Army Museum; RECEIVED DURING ADJOURNMENT LUGAR, Ms. COLLINS, Mr. HUTCHINSON, and, be it Mr. CRAPO, Mr. DEWINE, Mr. Resolved further, That the Clerk of the Sen- Under the authority of the order of ASHCROFT, Mr. INHOFE, Mr. BURNS, ate transmit copies of this resolution to the the Senate of April 13, 2000, the fol- Mr . SESSIONS, Mr. KYL, Mr. GRAMS, Secretary of the Army, the Speaker of the lowing reports of committees were sub- Mr. MACK, Mr. CRAIG, Mr. SHELBY, United States House of Representatives, the mitted on April 20, 2000: Mr. FITZGERALD, Mr. ABRAHAM, Mr. President of the United States Senate, and By Mr. HELMS, from the Committee on ENZI, Mr. GRASSLEY, Mr. HAGEL, Mr. the members of the Virginia Congressional Foreign Relations, with an amendment in DOMENICI, Mr. SMITH of New Hamp- delegation so that they may be apprised of the nature of a substitute: shire, Ms. SNOWE, Mr. SANTORUM, Mr. the sense of the General Assembly of Vir- H.R. 3707: A bill to authorize funds for the GORTON, and Mrs. HUTCHISON): ginia. site selection and construction of a facility S. 2459. A bill to provide for the award of a in Taipei Taiwan suitable for the mission of gold medal on behalf of the Congress to POM–459. A joint resolution adopted by the the American Institute in Taiwan. former President Ronald Reagan and his wife Legislature of the State of Maine relative to By Mr. HELMS, from the Committee on Nancy Reagan in recognition of their service the Republic of Cyprus; to the Committee on Foreign Relations, without amendment and to the Nation; to the Committee on Banking, Foreign Relations. with an amended preamble: Housing, and Urban Affairs. By Mr. FEINGOLD: JOINT RESOLUTION S. Res. 271: A resolution regarding the S. 2460. A bill to authorize the payment of Whereas, this year marks the 26th anniver- human rights situation in the People’s Re- public of China. rewards to individuals furnishing informa- sary of the Turkish invasion and occupation tion relating to persons subject to indict- of Cyprus; and f ment for serious violations of international Whereas, the Republic of Cyprus has been REPORT OF COMMITTEE humanitarian law in Rwanda, and for other divided and occupied by foreign forces since purposes; to the Committee on Foreign Rela- 1974 in violation of United Nations resolu- The following report of committee tions. tions; and was submitted: By Mr. GORTON: Whereas, the international community and By Mr. MURKOWSKI, from the Committee S. 2461. A bill to suspend temporarily the the United States government have repeat- on Energy and Natural Resources, with an duty on certain ceramic knives; to the Com- edly called for the speedy withdrawal of all amendment in the nature of a substitute: mittee on Finance. foreign forces from the territory of Cyprus; S. 1608: A bill to provide annual payments By Ms. LANDRIEU (for herself and Mr. and to the States and counties from National BREAUX): Whereas, there are internationally accept- Forest System lands managed by the Forest S. 2462. A bill to provide for the establish- able means to resolve the situation in Cy- Service, and the revested Oregon and Cali- ment of the Cat Island National Wildlife Ref- prus, including the demilitarization of Cy- fornia Railroad and reconveyed Coos Bay uge in West Feliciana Parish, Louisiana; to prus and the establishment of a multi- Wagon Road grant lands managed predomi- the Committee on Environment and Public national force to ensure the security of both nately by the Bureau of Land Management, Works. communities in Cyprus; and for use by the counties in which the lands f Whereas, a peaceful, just and lasting solu- are situated for the benefit of the public tion to the Cyprus problem would greatly schools, roads, emergency and other public SUBMISSION OF CONCURRENT AND benefit the security and the political, eco- purposes; to encourage and provide new SENATE RESOLUTIONS nomic and social well-being of all Cypriots mechanism for cooperation between counties and contribute to improved relations be- and the Forest Service and the Bureau of The following concurrent resolutions tween Greece and Turkey; and Land Management to make necessary invest- and Senate resolutions were read, and Whereas, the United Nations has repeat- ments in federal lands, and reaffirm the posi- referred (or acted upon), as indicated: edly stated the parameters for such a solu- tive connection between Federal Lands coun- By Mr. ABRAHAM (for himself and Mr. tion, most recently in United Nations Secu- ties and Federal Lands; and for other pur- MCCAIN): rity Council Resolution 1217, adopted on De- poses (Rept. No. 106–275). S. Res. 294. A resolution designating the cember 22, 1998 with United States support; f month of October 2000 as ‘‘Children’s Inter- and net Safety Month’’; to the Committee on the Whereas, United Nations Security Council INTRODUCTION OF BILLS AND Judiciary. Resolution 1218, adopted on December 22, JOINT RESOLUTIONS By Mr. LIEBERMAN (for himself, Mr. 1998, calls for a reduction of tensions in the DASCHLE, Ms. MIKULSKI, Mr. SCHU- island through a staged process aimed at The following bills and joint resolu- tions were introduced, read the first MER, Mrs. BOXER, Mr. KOHL, Mr. limiting and then substantially reducing the DODD, Mr. KERRY, Mr. REED, Mr. level of all troops and armaments in Cyprus, and second times by unanimous con- BAYH, Mr. HARKIN, Mr. LAUTENBERG, ultimately leading to the demilitarization of sent, and referred as indicated: Mr. REID, Mr. TORRICELLI, Mr. JOHN- the Republic of Cyprus; and By Ms. SNOWE: SON, Mr. BREAUX, Mr. WELLSTONE, Whereas, President Clinton wholeheartedly S. 2455. A bill to enhance Department of Mr. BRYAN, Mr. KENNEDY, Mr. ROBB, supported resolution 1218 and committed Education efforts to facilitate the involve- Mr. GRAHAM, Mr. WYDEN, Mr. AKAKA, himself to taking all necessary steps to sup- ment of small business owners in State and Mrs. FEINSTEIN, Mr. EDWARDS, Mr. port a sustained effort to implement it; now, local initiatives to improve education; to the MOYNIHAN, Mr. SARBANES, and Mr. therefore, be it Committee on Health, Education, Labor, and LEAHY): Resolved: That We, your Memorialists, Pensions. S. Res. 295. A resolution expressing the hereby endorse President Clinton’s commit- By Ms. LANDRIEU: sense of the Senate that the carrying of fire- ment to undertake significant efforts in S. 2456. A bill to amend the Internal Rev- arms into places of worship or educational order to promote substantial progress to- enue Code of 1986 to expand the adoption and scholastic settings should be prohibited; wards a solution of the Cyprus problem in credit to provide assistance to adoptive par- to the Committee on the Judiciary. 2000; and be it further ents of special needs children, and for other By Mr. GRAHAM (for himself, Mr. Resolved: That suitable copies of this reso- purposes; to the Committee on Finance. AKAKA, Mr. CRAPO, Mr. BYRD, Mr. lution, duly authenticated by the Secretary By Ms. SNOWE: SPECTER, Mr. CONRAD, Mr. THUR- of State, be transmitted to the President of S. 2457. A bill to amend section 2667 of title MOND, Mr. DORGAN, Mr. VOINOVICH, the Senate and the Speaker of the House of 10, United States Code, to permit receipt of Mr. DURBIN, Mr. BOND, Mr. EDWARDS, Representatives of the Congress of the in-kind consideration anywhere on an instal- Mr. CRAIG, Mr. KOHL, Mr. WARNER, United States and to each Member of the lation for the lease of property on the instal- Mr. ROCKEFELLER, Mr. ABRAHAM, Mr. Maine Congressional Delegation. lation, and for other purposes; to the Com- SARBANES, Mr. ENZI, Mr. KERRY, Mr. mittee on Armed Services. LUGAR, Mr. SMITH of Oregon, Mr. POM-460. A resolution adopted by the City By Mr. FEINGOLD (for himself and Mr. CLELAND, Mr. COCHRAN, Mr. BINGA- Council of the City of Cape May, New Jersey KOHL): MAN, Ms. LANDRIEU, Mr. GRAMS, Mr. relative to the dumping of contaminated S. 2458. A bill to designate the facility of BAYH, Mr. MACK, Mr. BRYAN, Mr. dredge materials in the Atlantic Ocean; to the United States Postal Service located at REID, Mr. JOHNSON, Mrs. LINCOLN, the Committee on Environmental and Public 1818 Milton Avenue in Janesville, Wisconsin, Mrs. MURRAY, Mrs. FEINSTEIN, Mr. Works. as the ‘‘Les Aspin Post Office Building’’; to LIEBERMAN, Mrs. BOXER, and Mr. POM-461. A resolution adopted by the the Committee on Governmental Affairs. WELLSTONE): Town Council of the Town of Haysi, Virginia By Mr. COVERDELL (for himself, Mr. S. Res. 296. A resolution designating the relative to the proposed construction of a LOTT, Mr. MCCAIN, Mr. THURMOND, first Sunday in June of each calendar year as dam and reservoir in the area; to the Com- Mr. STEVENS, Mr. HELMS, Mr. WAR- ‘‘National Child’s Day’’; to the Committee mittee on Appropriations. NER, Mr. MURKOWSKI, Mr. JEFFORDS, on the Judiciary.

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2866 CONGRESSIONAL RECORD — SENATE April 25, 2000 STATEMENTS ON INTRODUCED in an increasingly aggressive and tech- shortage; the costs to small businesses BILLS AND JOINT RESOLUTIONS nology-based global market. associated with this shortage; and the By Ms. SNOWE: Small business is the driving force recommendations for the Secretary on S. 2455. A bill to enhance Department behind our economy, and as we author- how to address these challenges. of Education efforts to facilitate the ize the Elementary and Secondary Edu- Mr. President, I hope this legislation involvement of small business owners cation Act, we must take into account will provide a foundation for coopera- in State and local initiatives to im- the needs of businesses, and small busi- tive initiatives between small busi- prove education; to the Committee on nesses in particular. To that end, lo- nesses and school systems, and I look Health, Education, Labor, and Pen- cally-driven initiatives are crucial. In forward to working with the Senate sions. order to create jobs, we must encour- Health, Education, Labor, and Pen- sions Committee and others as we pre- SMALL BUSINESS EMPLOYMENT AND EDUCATION age small business expansion and foster ENHANCEMENT ACT OF 2000 small business entrepreneurship, and I pare to reauthorize the elementary and Ms. SNOWE. Mr. President, I rise to believe that education initiatives are secondary education act. key to this. introduce legislation, the Small Busi- By Mr. FEINGOLD (for himself ness Employment and Education Act of Under the Small Business Employ- ment and Education Enhancement Act, and Mr. KOHL): 2000, which is designed to enhance fed- S. 2458. A bill to designate the facil- the Department of Education would eral efforts to facilitate the involve- ity of the Unites States Postal Service disseminate information and facilitate ment of small business owners and en- located at 1818 Milton Avenue in Janes- the sharing of information designed to trepreneurs in state and local initia- ville, Wisconsin, as the ‘‘Les Aspin assist small businesses in working with tives to improve the quality of edu- Post Office Building’’; to the Com- school systems to improve our edu- cation programs for our young people. mittee on Governmental Affairs. Mr. President, last year, the Small cation institutions. For example, the LEGISLATION NAMING THE JANESVILLE POST agency would publish guidance mate- Business Committee, of which I am a OFFICE IN MEMORY OF LES ASPIN member, held a hearing on the chal- rials, best practices, checklists and Mr. FEINGOLD. Mr. President, today lenges facing the small business com- other materials on the World Wide I am introducing legislation to rename munity as a result of the failure of Web, in Department of Education pub- the United States Post Office in my many of our educational institutions lications and articles, letters, links to home town of Janesville, Wisconsin in to teach students the basic skills that related World Wide Web sites, public honor of Les Aspin. I am joined by my are necessary to succeed in today’s service announcements, and through colleague from Wisconsin, Senator work environment. The committee other means at the Department’s dis- KOHL. This bill is a companion to legis- heard testimony from a number of posal. lation introduced in the House by Con- The Department of Education would small businesses and organizations gressman PAUL RYAN, who represents about this growing problem. establish a centralized database of ma- the First District of Wisconsin, which And just how big is the problem? A terials and act as a clearinghouse for includes Janesville. 1999 American Management Associa- information on initiatives that have This year marks the thirtieth anni- tion survey on workplace testing found proven successful. versary of Les’ first campaign for the that approximately 36 percent of em- The Secretary of the Department of First Congressional District seat in ployees tested for basic skills were Education would also establish an Of- Wisconsin. I was a junior at Janesville found to be deficient in these skills, fice of Small Business Education to Craig High School at the time, and I and small businesses reported defi- promote efforts to address the needs of signed up as a volunteer on Les’ cam- ciency rates well above the national small businesses through education paign. He won that election after a average. Sixty percent of AMA-member programs. This division would work to tough recount in the primary, defeat- companies reported that the avail- remove any existing impediments to ing the incumbent Congressman. ability of skilled manpower was scarce, partnerships between school systems Following the campaign, I interned and 67 percent believe that the short- and small businesses, and propose solu- in his district office in Janesville dur- ages will continue. tions to education-related problems ing the summers of 1971 and in 1972. I A 1999 NFIB report found that 18 per- facing small businesses. am proud to say that during the next 25 cent of NFIB members report that find- The goal of the bill I am introducing years, Les and I had a continuing ing qualified labor is the single most today is to facilitate partnerships be- friendship, as he carved out a distin- important problem facing their busi- tween communities and businesses. I guished career in the United States ness today. believe it should be easy for commu- House of Representatives, eventually Likewise, a 1999 poll of U.S. Cham- nities that are interested in designing rising to become the Chairman of the bers of Commerce found that 83 percent business/school partnerships to get the Armed Services Committee, while I reported the ability—or lack thereof— information they need on how to do so. prepared for and began my own career. to find qualified workers was among With access to kinds of sources envi- Les Aspin served his country ably in their biggest concerns, and 53 percent sioned in this legislation, communities many capacities. As an Army captain, said education is the single most press- would be able to model a program after he worked as an analyst in the Pen- ing public policy issue to them. a proven approach. tagon; he served on the staff of Presi- This information clearly illustrates In addition, my bill authorizes tech- dent John F. Kennedy’s Council of Eco- that the business community, and nical assistance to be administered by nomic Advisors; he represented Wiscon- small businesses in particular, have an the Office of Small Business Education sinites for 22 years in Congress; he en- important stake in the education of to be used to provide guidance to small thusiastically took on the giant task of our youth. One of the most funda- businesses, small business organiza- steering the Defense Department into mental needs that any growing busi- tions, schools systems, and commu- the uncharted waters of the post-Cold ness faces is the need for employees nities working cooperatively to en- War era. Mr. Aspin served as Secretary with basic skills, and concerns have hance the teaching of basic skills. of Defense under President Clinton been expressed by the small business The bill would also establish tax and, at the time of his death in 1995, he community that many students are not credits to encourage companies to pro- was the chair of the President’s For- graduating with the basic skills in vide work study, internship, or fellow- eign Intelligence Advisory Board, reading, writing, mathematics, and ship opportunities for students and working on needed reforms in our in- science—skills that need to succeed in teachers. telligence communities. today’s workplace or become the entre- Finally, the bill includes a provision Mr. President, Les Aspin was a man I preneurs of tomorrow. directing the Department of Education deeply respected and admired, and I The fact of the matter is, Mr. Presi- to conduct a study and report to Con- felt a profound sense of loss at his pass- dent, the growth of high-skilled jobs is gress on the challenges facing small ing. Renaming the Janesville post of- outpacing growth in all other fields. businesses in obtaining workers with fice in his honor is a fitting way to re- We must not allow basic skills to slip adequate skills; an assessment of the member a man who spent his life serv- away if we are to remain competitive impact on small businesses of the skills ing the people of Wisconsin and of the

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2000 CONGRESSIONAL RECORD — SENATE S2867 United States. I hope my colleagues ville Postal Office was moved from White House. President and Nancy will support this legislation. downtown, working to ensure that Reagan have confronted his Alz- I ask unanimous consent that the service was retained for all, especially heimer’s disease with the same dignity text of the bill be printed in the small businesses and other postal pa- and bravery they displayed in office. RECORD. trons who relied on the downtown post Their fight inspires hope in millions of There being no objection, the bill was office. Thus, naming the Janesville Americans who also must struggle with ordered to be printed in the RECORD, as Post Office after Les Aspin is a most this disease. Our thoughts and best follows: fitting tribute to his many years of wishes for them are constant. S. 2458 service to the people of the First Con- The leadership and dedication that Be it enacted by the Senate and House of Rep- gressional District. President and Mrs. Reagan provided resentatives of the United States of America in I urge my colleagues to support this this Nation will undeniably endure Congress assembled, legislation and hope for its speedy pas- throughout the course of human SECTION 1. DESIGNATION OF LES ASPIN POST sage. events. It is now time for a grateful OFFICE BUILDING. people and Nation to say, ‘‘Thank (a) DESIGNATION.—The facility of the By Mr. COVERDELL (for himself, you.’’ I am very appreciative of my United States Postal Service located at 1818 Mr. LOTT, Mr. MCCAIN, Mr. many colleagues who join me today in Milton Avenue in Janesville, Wisconsin, THURMOND, Mr. STEVENS, Mr. sponsoring this legislation and invite shall be known and designated as the ‘‘Les HELMS, Mr. WARNER, Mr. MUR- others to join us in honoring President Aspin Post Office Building’’. KOWSKI, Mr. JEFFORDS, Mr. and Nancy Reagan. (b) REFERRENCES.—Any reference in a law, Mr. President, I ask unanimous con- map, regulation, document, paper, or other MCCONNELL, Mr. HATCH, Mr. record of the United States to the facility re- LUGAR, Ms. COLLINS, Mr. sent that a copy of this bill be printed ferred to in subsection (a) shall be deemed to HUTCHINSON, Mr. CRAPO, Mr. in the RECORD. There being no objection, the bill was be a reference to the ‘‘Les Aspin Post Office DEWINE, Mr. ASHCROFT, Mr. ordered to be printed in the RECORD, as Building’’. INHOFE, Mr. BURNS, Mr. SES- follows: Mr. KOHL. Mr. President, I am SIONS, Mr. KYL, Mr. GRAMS, Mr. S. 2459 pleased to join my colleagues from MACK, Mr. CRAIG, Mr. SHELBY, Be it enacted by the Senate and House of Wisconsin in introducing this legisla- Mr. FITZGERALD, Mr. ABRAHAM, tion to honor the memory of Les Representatives of the United States of America Mr. ENZI, Mr. GRASSLEY, Mr. in Congress assembled, Aspiin. Long before I entered politics, HAGEL, Mr. DOMENICI, Mr. SECTION 1. FINDINGS. Les Aspin was a good friend of mine. I SMITH of New Hampshire, Ms. The Congress finds the following: had the good fortune to serve with Les SNOWE, Mr. SANTORUM, Mr. (1) Both former President Ronald Reagan Aspin in Congress and to work with GORTON, and Mrs. HUTCHISON): and his wife Nancy Reagan have distin- him when he served as Secretary of De- S. 2459. A bill to provide for the guished records of public service to the fense. Les Aspin was truly dedicated to award of a gold medal on behalf of the United States, the American people, and the public service. He was genuinely chal- Congress to former President Ronald international community. lenged by the policy making process, Reagan and his wife Nancy Reagan in (2) As President, Ronald Reagan restored ‘‘the great, confident roar of American and he was not hesitant in bringing his recognition of their service to the Na- progress, growth, and optimism’’, a pledge great intellectual gifts to bear on the tion; to the Committee on Banking, which he made before being elected to office. problems of our time. He was a master Housing, and Urban Affairs. (3) President Ronald Reagan’s leadership of the Sunday morning talk shows, ex- THE REAGAN CONGRESSIONAL GOLD MEDAL was instrumental in uniting a divided world pounding on the issues of the day with Mr. COVERDELL. Mr. President, it by bringing about an end to the cold war. his trenchant analyses. As chairman of is with a deep sense of honor that I rise (4) The United States enjoyed sustained the House Armed Services Committee, today to introduce legislation award- economic prosperity and employment Les Aspin was one of the most influen- growth during Ronald Reagan’s presidency. ing former President and Mrs. Ronald (5) President Ronald Reagan’s wife Nancy tial voices on U.S. defense policy. Reagan the Congressional Gold Medal. not only served as a gracious First Lady but His ascension to the chairmanship of Very few Americans have had as pro- also as a proponent for preventing alcohol the House Armed Services Committee found an impact upon this Nation and and drug use among the Nation’s youth by was not without rancor, but even those the world as this remarkable couple championing the ‘‘Just Say No’’ campaign. who disagreed with Les respected his have. (6) Together, Ronald and Nancy Reagan verve and determination. In his eight years in office, President dedicated their lives to promoting national When we lost Les Aspin, we lost a Reagan restored American’s sense of pride and to bettering the quality of life in man of great vision. He was one of the pride and set us squarely on the course the United States and throughout the world. few who realized that we needed a com- of prosperity we still enjoy today. He SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) PRESENTATION AUTHORIZED.—The pletely new way of thinking about na- was instrumental in the collapse of the Speaker of the House of Representatives and tional security policy in the post-cold- Soviet Empire that brought an end to the President Pro Tempore of the Senate war era. He had the capacity to think the Cold War. Who could forget his shall make appropriate arrangements for the through the difficult issues involved in ringing challenge from Berlin’s presentation, on behalf of the Congress, of a developing such a policy. And, he was Bradenburg Gate, ‘‘Mr. Gorbachev, tear gold medal of appropriate design to former unrelenting in making us deal with down this Wall!’’ By 1989, to the amaze- President Ronald Reagan and his wife Nancy Reagan in recognition of their service to the those issues. ment of the world, Germany was uni- Nation. Even though Les Aspin became a fied, and the Wall became a memory. (b) DESIGN AND STRIKING.—For the purpose powerful national figure, he never for- Reagan’s character, wit, and eloquence of the presentation referred to in subsection got his roots. Les represented the 1st as the ‘‘Great Communicator’’ brought (a), the Secretary of the Treasury (in this Congressional District for 22 years and honor to the Office of the President Act referred to as the ‘‘Secretary’’) shall he cared deeply about the people of his and endeared him to us all. strike a gold medal with suitable emblems, district. He was aggressive in pursuing devices, and inscriptions, to be determined As First Lady, Nancy Reagan’s con- by the Secretary. projects that would benefit the people tributions were equally significant in SEC. 3. DUPLICATE MEDALS. of Wisconsin and he left no stone their own right. She not only bestowed Under such regulations as the Secretary unturned in helping resolve con- elegance and grace upon the White may prescribe, the Secretary may strike and stituent problems. He especially recog- House, but she also brought critical sell duplicates in bronze of the gold medal nized the importance of reliable postal leadership to righting the scourge of il- struck pursuant to section 2 at a price suffi- service in small and big towns alike. legal drugs. Tirelessly encouraging our cient to cover the costs of the medals (in- He was known to become personally in- Nation’s youth to ‘‘Just Say No,’’ Mrs. cluding labor, materials, dies, use of machin- volved in responding to complaints ery, and overhead expenses) and the cost of Reagan was instrumental in success- the gold medal. from constituents about postal service, fully reducing the rate of illegal drug SEC. 4. NATIONAL MEDALS. often attending meetings across the use among our children. The medals struck under this Act are na- district on postal issues. Les became The Reagans have continued to in- tional medals for purposes of chapter 51 of intimately involved when the Janes- spire us even after their years in the title 31, United States Code.

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2868 CONGRESSIONAL RECORD — SENATE April 25, 2000 SEC. 5. FUNDING AND PROCEEDS OF SALE. and incitements to murder had become doubt on our commitment to the val- (a) AUTHORIZATION.—There is hereby au- a regular element of programming on ues we hold most dear, the values at thorized to be charged against the United the hate-radio station. The planners the very foundation of our national States Mint Public Enterprise Fund an amount not to exceed $30,000 to pay for the targeted not only ethnic Tutsis, but identity. cost of the medals authorized by this Act. also politically moderate Hutus who The ICTR is not perfect, but it has (b) PROCEEDS OF SALE.—Amounts received threatened their grip on power. We been responsible for the first convic- from the sale of duplicate bronze medals know today that individual people— tions for the crime of genocide ever to under section 3 shall be deposited in the leaders and planners—are responsible be issued by an international court. It United States Mint Public Enterprise Fund. for the deaths of some 800,000 people, has been the first international body to and that the blame for these atrocities recognize rape as a crime of genocide. By Mr. FEINGOLD: And knowledgeable observers agree S. 2460. A bill to authorize the pay- cannot be heaped on some imagined that it has made a great deal of ment of rewards to individuals fur- cultural failing or the flaws of the progress since its early days, and that nishing information relating to persons human heart in general. Holding those individuals responsible it has gone further to bring ‘‘big fish″ subject to indictment for serious viola- for the genocide accountable for their to justice than the ICTY. But more tions of international humanitarian actions is the only remaining oppor- needs to be done. I will submit for the law in Rwanda, and for other purposes; tunity for the international commu- RECORD an article from the most re- to the Committee on Foreign Rela- nity to do the right thing with regard cent issue of The Economist, headlined tions. to the events of 6 years ago. For this ‘‘Still Wanted,’’ which details some of EXPANSION OF REWARDS PROGRAM TO INCLUDE reason, I have consistently supported the challenges the international com- RWANDA munity faces in bringing the perpetra- Mr. FEINGOLD. Mr. President, today the International Criminal Tribunal for Rwanda, known as the ICTR. The tors of the Rwandan genocide to jus- I am introducing a bill to authorize tice. The United States should assist in payment of rewards to individuals fur- ICTR was created by the United Na- tions Security Council in November these efforts. And the existing law that nishing information relating to persons I propose amending ensures that the subject to indictment for serious viola- 1994 to prosecute persons responsible for genocide and other serious viola- State Department and the Department tions of international humanitarian of Justice—not the U.N.—will govern law in Rwanda. This bill would add the tions of international humanitarian law committed in Rwanda during 1994. the offering, administration, and pay- masterminds of the Rwandan genocide ment of rewards. Six years after the to the list of individuals our rewards Its structure mirrors that of the Inter- national Criminal Tribunal for the Rwandan genocide, six years after the program is helping to track down, and slaughter of 800,000 people, including this legislation will send those individ- Former Yugoslavia, the ICTY. I have come to this floor in the past those indicted by the ICTR in the re- uals a clear message—that there is no to raise the issue of parity between the wards program is the very least we can impunity for genocide, that the world ICTY and the ICTR. In particular, I do. will not forget, and that they cannot have pointed out that whereas the I yield the floor, and ask unanimous evade justice forever. consent that the bill and article be Six years ago today, a headline ran ICTY has the authority to prosecute individuals for serious violations of printed in the RECORD. on the front page of the New York There being no objection, the mate- Times reading—‘‘Rwandan Refugees international humanitarian law com- mitted since 1991 through the present, rial was ordered to be printed in the Describe Horrors After a Bloody Trek.’’ RECORD, as follows: The lead-in read as follows: the ICTR’s mandate covers only those acts committed within Rwandan bor- S. 2460 Their clothes are blood-soaked, and their ders during 1994. Last year, the Senate Be it enacted by the Senate and House of Rep- wounds are eerily similar. Pursued by fear, resentatives of the United States of America in the 450 or so men, women and children in the approved an amendment that I offered Congress assembled, makeshift hospital here made the same jour- to the State Department authorization SECTION 1. EXPANSION OF REWARDS PROGRAM ney across the border from Rwanda, nursing bill requiring a report on the merits of TO INCLUDE RWANDA. the deep gouges made by the machetes that expanding the mandate to the ICTR in Section 102 of the Act of October 30, 1998 struck their skulls, necks and hands. space and time, both to deter further (Public Law 105–323) is amended— Six years ago today the media was abuses and to hold the perpetrators of (1) in the section heading, by inserting just waking up to the horror unfolding the continuing atrocities in the Great ‘‘OR RWANDA’’ after ‘‘YUGOSLAVIA’’; in Rwanda, although the killing had Lakes accountable for their actions. (2) in subsection (a)(2), by inserting ‘‘or the been going on for weeks. Six years ago Even if we accept the confines of the International Criminal Tribunal for Rwan- da’’ after ‘‘Yugoslavia’’; and today, the reporters filing their stories current mandate, I fear that the ICTR (3) in subsection (c)- from Burundi and Zaire were still cau- is being given short shrift. Under cur- (A) by inserting ‘‘(1)’’ immediately after tious about the word ‘‘genocide.’’ They rent U.S. law, the Secretary of State ‘‘REFERENCE.—’’; and still referred to ‘‘ancient tribal can confer with the Attorney General (B) by adding at the end the following: hatreds’’ as the source of the incompre- and, through the rewards program that ‘‘(2) For the purposes of subsection (a), the hensible violence engulfing the tiny offers incentives to turn in terrorists statute of the International Criminal Tri- bunal for Rwanda means the statute con- central African country. Six years ago and other international villains, pay a tained in the annex to Security Council Res- today, the death toll in the Rwandan reward to any individual furnishing in- olution 955 of November 8, 1994.’’. genocide continued to mount while the formation leading to the arrest or con- international community stood by and viction in any country of any person [From the Economist, Apr. 22, 2000] watched, despite clear warnings, and who is the subject of an indictment of STILL WANTED despite the International Convention the ICTY. Similarly, the reward may Will Felicien Kabuga or Tharcisse Renzaho on the Prevention and Punishment of be made to any individual furnishing ever be brought to justice? They are still at the Crime of Genocide that committed information leading to the transfer to large, among several hundred other senior signatories to act. Six years ago, U.S. or conviction by the International Rwandans who in 1994 planned and promoted the genocide of up to 1m people. Mr. Kabuga leadership failed, the international Criminal Tribunal for the Former was a businessman who financed the mur- community floundered, and the global Yugoslavia. But there is no such provi- derous Hutu militias, supplied them with bond of basic human decency broke, sion for the International Criminal Tri- machetes and was part owner of Radio Mille leaving the people of Rwanda to face bunal for Rwanda. Collines, the radio station that broadcast the terror alone. It is situations like these that feed orders for genocide. Colonel Renzaho was the Mr. President, we know today that perceptions of a double-standard in governor of the capital, Kigali. He directed the genocide was not a series of sponta- American foreign policy, wherein Afri- the killing squads there, ordering them to neous acts; it was not about crowds can lives are somehow less valuable make sure that ‘‘none can escape’’, and he gone wild or tribal bloodlust. It was than European ones, and African atroc- was a member of the committee that co- ordinated the slaughter throughout the carefully planned and centrally di- ities are somehow more acceptable. country. rected. Extra machetes had been im- That perceived double-standard under- So far, 44 people have been detained by the ported, militias groups were in place, mines American credibility and casts International Criminal Tribunal for Rwanda,

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2000 CONGRESSIONAL RECORD — SENATE S2869 based in Arusha in Tanzania. Seven have LEGISLATION ESTABLISHING THE CAT ISLAND legislation supports the aims of the been convicted, of whom six are on appeal. NATIONAL WILDLIFE REFUGE Lower Mississippi River Aquatic Re- The prosecutor is still looking for about 35 Ms. LANDRIEU. Mr. President, I am sources Management Plan and the people. Although names are not published for pleased to join with my distinguished Lower Mississippi Valley Joint Ven- fear of alerting men on the run, Mr. Kabuga colleague from Louisiana, Senator and Colonel Renzaho are almost certainly on ture under the North American Wet- the list. Arrested or hunted, they are still JOHN BREAUX, in introducing legisla- lands Conservation Act. only a small proportion of the people who tion that would establish the Cat Is- Mr. President, I ask unanimous con- planned and executed the fastest and most land National Wildlife Refuge in West sent that the text of the bill be printed orderly genocide in history. Feliciana Parish, Louisiana. Cat Island in the RECORD. While the UN tribunal grinds on in Arusha, is one of the last remaining tracts in There being no objection, the bill was the Rwandan government is busy bringing the Lower Mississippi River Valley ordered to be printed in the RECORD, as genocide criminals before its own courts. If that is still influenced by the natural follows: the main perpetrators are to be caught, and the evidence found to convict them, the two dynamics of the river. The 36,500 acre S. 2462 should co-operate. But their relationship, site supports one of the largest den- Be it enacted by the Senate and House of Rep- though it now shows signs of improvement, sities of virgin bald cypress trees in the resentatives of the United States of America in has long been unhappy. The government ob- entire Mississippi River Valley. The Congress assembled, jects, among other things, to the money site is also the home of the nation’s SECTION 1. FINDINGS. spent on the tribunal, which it feels could largest cypress tree. Cat Island is im- Congress finds that— (1) as the southernmost unleveed portion of have been better used to rebuild a justice portant habitat for several declining system in Rwanda. the Mississippi River, Cat Island, Louisiana, The government has so far detained more species of songbirds and thousands of is 1 of the last remaining tracts in the lower than 120,000 people accused of genocide, of wintering waterfowl. The site is also Mississippi Valley that is still influenced by whom over 2,000 have been convicted and 300 home to the Louisiana black bear and the natural dynamics of the river; sentenced to death. At the end of last year, high populations of deer, squirrel, tur- (2) Cat Island supports some of the highest it produced a list of 2,133 people suspected of key, and furbearing mammals such as densities of virgin bald cypress trees in the planning or directing the genocide. Most of mink and bobcats. We introduce this Mississippi River Valley, including the them are still at large. important legislation with the purpose champion cypress tree of the United States, Many of the missing villains are in Congo. which is 17 feet wide and has a circumference Senior military officers fled there after their of preserving and enhancing this valu- of 53 feet; genocidal government was defeated by the able natural resource for our nation (3) Cat Island is important habitat for sev- Rwandan Patriotic Front, which now rules and generations to come. eral declining species of forest songbirds and the country. In Congo, they regrouped sol- Mr. President, I recently had the supports thousands of wintering waterfowl; diers and militiamen responsible for the kill- good fortune of visiting Cat Island with (4) Cat Island supports high populations of ing. Since Rwanda became involved in Con- Senator BREAUX and representatives deer, turkey, and furbearing mammals, such go’s civil war, many of the Rwandan militia- from the U.S. Department of the Inte- as mink and bobcats; men are fighting on the side of president (5) forested wetland on Cat Island— Laurent Kabila, against the Congolese rebels rior, and I must tell you I was over- whelmed by the breathtaking beauty (A) represents 1 of the most valuable and who, in their turn, are backed by the Rwan- productive wildlife habitats in the United dan government. So long as Congo’s fighting and bountiful natural resources of this States; and continues, the missing Rwandans will be dif- site. Cat Island truly represents one of (B) has high recreational value for hunters, ficult to arrest—and they are making sure the most valuable and productive wild- fishermen, birdwatchers, nature photog- that the war continues. life habitats in the United States. The raphers, and others; and Others are in Tanzania. Hutus from both (6) protection and enhancement of the re- Rwanda and Burundi are well established in site has high value for public uses such sources of Cat Island through the inclusion the administration of western Tanzania from as outdoor recreation, environmental of Cat Island in the National Wildlife Refuge where, probably without the knowledge of education, ecotourism, hunting, and System would help meet the habitat protec- the central government, they protect some fishing. tion goals of the North American Waterfowl of the killers. Others, again, are scattered There has been a tremendous amount Management Plan, signed by the Minister of around the world, some with false identities. of enthusiasm for protecting and en- the Environment of Canada and the Sec- Mr. Kabuga was said to have been spotted in hancing the natural resources of Cat retary in May 1986. Switzerland but is now thought to be in Island. Citizens and elected officials Kenya. Colonel Renzaho is probably in SEC. 2. DEFINITIONS: Congo. Governments do not seem to be mak- from the State of Louisiana, represent- In this Act: ing much effort to find them. Those who atives from national environmental (1) REFUGE.—The term ‘‘Refuge’’ means the have been discovered—in Britain, America, conservation organizations and the Cat Island National Wildlife Refuge estab- France, Belgium and Denmark—have often U.S. Fish and Wildlife Service have lished by section 3(a). been unmasked by journalists. supported our efforts in developing this (2) SECRETARY.—The term ‘‘Secretary’’ By contrast, western security services ex- means the Secretary of the Interior, acting important legislation. The Police Ju- through the Director of the United States pend considerable energy on tracking down rors of West Feliciana Parish, Lou- war criminals from the conflicts in former Fish and Wildlife Service. Yugoslavia. The Yugoslav war-crimes tri- isiana, have passed a resolution in sup- SEC. 3. ESTABLISHMENT AND ACQUISITION OF bunal in The Hague has so far issued over 90 port of establishing the Cat Island Na- REFUGE. indictments, and arrested more than 40 sus- tional Wildlife Refuge. The Governor of (a) IN GENERAL.—There is established a pects, of whom 15 have been sentenced. It has Louisiana and the Secretary of the unit of the National Wildlife Refuge System named 29 people it is still looking for. So far Louisiana Department of Wildlife and to be known as the ‘‘Cat Island National as is known, they are all still in the region, Fisheries have endorsed creating the Wildlife Refuge’’ in West Feliciana Parish, either in power in Serbia or hiding in Bosnia. Louisiana. It is much harder to find the dispersed refuge. The Nature Conservancy of (b) INCLUSIONS.—The Refuge shall consist Rwandans. Moreover, even if they were Louisiana has generously agreed to un- of the land and waters (including any inter- caught and sent to the tribunal, gathering derwrite the operation and mainte- est in the land or waters) acquired by the evidence to prosecute them would be dif- nance cost for the Fish and Wildlife Secretary for the Refuge under— ficult. Persuading witnesses to leave their Service during the first three years of (1) subsection (d); or homes and come to Arusha to give evidence, operation of the refuge. The conserva- (2) any other law. and then providing them with protection (c) NOTICE OF ESTABLISHMENT.—The Sec- tion organization will also facilitate retary shall publish a notice of the establish- when they return, is fraught with trouble. the acquisition of the site and the The horrible fact is that the only living wit- ment of the Refuge— nesses to some of the worst Rwandan mas- transfer of ownership to the Fish and (1) in the Federal Register; and sacres are the perpetrators themselves. Wildlife Service. Most recently, the (2) in publications of local circulation in President allocated $4 million in his the vicinity of the Refuge. By Ms. LANDRIEU (for herself fiscal year 2001 budget for land acquisi- (d) ACQUISITION.—The Secretary shall seek to acquire for inclusion in the Refuge, by and Mr. BREAUX): tions at the Cat Island site. S. 2462. A bill to provide for the es- Mr. President, Cat Island clearly rep- purchase, exchange, or donation, approxi- mately 36,500 acres of land and adjacent tablishment of the Cat Island National resents one of the best examples of waters (including interests in the land or ad- Wildlife Refuge in West Feliciana Par- Louisiana’s unique natural heritage jacent waters) of Cat Island, Louisiana, as ish, Louisiana; to the Committee on and is deserving of inclusion in the Na- depicted on the map entitled ‘‘Cat Island Na- Environment and Public Works. tional Wildlife Refuge System. This tional Wildlife Refuge, Proposed’’, dated

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2870 CONGRESSIONAL RECORD — SENATE April 25, 2000 February 8, 2000, which shall be available for Island National Wildlife Refuge in West land (Mr. REED) was added as a cospon- inspection in the appropriate offices of the Feliciana Parish, Louisiana. sor of S. 20, a bill to assist the States United States Fish and Wildlife Service. The Mississippi River has provided and local governments in assessing and SEC. 4. PURPOSES OF REFUGE. for the commerce, transportation, and remediating brownfield sites and en- The purposes of the Refuge are— nourishment that has sustained Lou- couraging environmental cleanup pro- (1) to conserve, enhance, and restore the isianians for over 300 years. Over time, native bottomland community characteris- grams, and for other purposes. tics of the lower Mississippi alluvial valley communities have adapted to the S. 309 (including associated fish, wildlife, and plant unique environment that exists near At the request of Mr. MCCAIN, the species); the River. Today marks a milestone in name of the Senator from Maine (Ms. (2) to conserve, enhance, and restore habi- the effort to preserve one of the last re- SNOWE) was added as a cosponsor of S. tat to maintain and assist in the recovery of maining tracts in the lower Mississippi 309, a bill to amend the Internal Rev- animals (such as the Louisiana black bear) Valley that is still influenced by the enue Code of 1986 to provide that a and plants that are listed as endangered spe- natural dynamics of the great River. cies or threatened species under the Endan- member of the uniformed services shall The area known as Cat Island is the be treated as using a principal resi- gered Species Act of 1973 (16 U.S.C. 1531 et southernmost unleveed portion of the seq.); dence while away from home on quali- (3) to conserve, enhance, and restore habi- Mississippi River. It is actually a pe- fied official extended duty in deter- tats as necessary to contribute to the migra- ninsula of bottomland hardwood forest mining the exclusion of gain from the tory bird population goals and habitat objec- adjacent to the River and located thir- sale of such residence. tives as established through the Lower Mis- ty miles north of our state capital at S. 317 sissippi Valley Joint Venture under the Baton Rouge. It supports one of the North American Wetlands Conservation Act highest densities of virgin bald cypress At the request of Mr. DORGAN, the (16 U.S.C. 4401 et seq.); trees in the entire Mississippi River names of the Senator from South Da- (4) to achieve the habitat objectives of the Valley, including the nation’s cham- kota (Mr. DASCHLE) and the Senator Lower Mississippi River Aquatic Resources from Washington (Mr. GORTON) were Management Plan, prepared by the Lower pion cypress tree, which is 17 feet wide and 53 feet in circumference. By desig- added as cosponsors of S. 317, a bill to Mississippi River Conservation Committee; amend the Internal Revenue Code of (5) to authorize the Secretary, through nating this area as a National Wildlife 1986 to provide an exclusion for gain consultation with Federal, State, and local Refuge, we aim to protect the habitat agencies and adjacent landowners, to assist of several declining species of forest from the sale of farmland which is in the restoration of forest habitat linkages songbirds, thousands of wintering wa- similar to the exclusion from gain on between refuge land and other land to re- terfowl, and breeding ground for Wood the sale of a principal residence. verse past impacts associated with habitat Ducks. The area also supports high S. 345 fragmentation on wildlife and plant species; At the request of Mr. ALLARD, the (6) to provide compatible opportunities for populations of deer, squirrel, turkey, hunting, fishing, wildlife observation and and furbearers such as bobcat and name of the Senator from Virginia (Mr. photography, and environmental education mink. WARNER) was added as a cosponsor of S. and interpretation; and The Cat Island Project represents a 345, a bill to amend the Animal Welfare (7) to encourage the use of volunteers and collaborative effort among several en- Act to remove the limitation that per- to facilitate partnerships among the United tities who have remained committed to mits interstate movement of live birds, States Fish and Wildlife Service, local com- its conservation. The Nature Conser- for the purpose of fighting, to States in munities, conservation organizations, and vancy spearheaded the effort, mar- which animal fighting is lawful. other non-Federal entities to promote public S. 351 awareness of the resources of the Cat Island shaled public support from Louisian- National Wildlife Refuge and the National ians of all stripes, and worked dili- At the request of Mr. GRAMS, the Wildlife Refuge System (including public gently to secure the necessary funding name of the Senator from South Da- participation in the conservation of those re- for the initial acquisition of land from kota (Mr. DASCHLE) was added as a co- sources). commercial and private landowners in sponsor of S. 351, a bill to provide that SEC. 5. ADMINISTRATION. the area. In fact, the Migratory Bird certain Federal property shall be made (a) IN GENERAL.—The Secretary shall ad- Commission provided the seed money available to States for State and local minister all land and waters (including any to begin the acquisition process. Sen- organization use before being made interest in land or waters) acquired under ator LANDRIEU and I have worked hard available to other entities, and for section 3(d) in accordance with— to find appropriate sources of federal (1) the National Wildlife Refuge System other purposes. Administration Act of 1966 (16 U.S.C. 668dd et funding to contribute to the cause, and S. 484 seq.); we are delighted that the President has At the request of Mr. CAMPBELL, the (2) Public Law 87–714 (commonly known as included $4 million for the Cat Island name of the Senator from Georgia (Mr. the ‘‘Refuge Recreation Act’’) (16 U.S.C. 460k Project in his budget request for the COVERDELL) was added as a cosponsor et seq.); and U.S. Fish and Wildlife Service. We have of S. 484, a bill to provide for the grant- (3) the purposes of the Refuge described in enjoyed the support of officials from section 4. ing of refugee status in the United the Department of the Interior as well. States to nationals of certain foreign (b) USE OF OTHER AUTHORITY.—The Sec- Assistant Secretary David Hayes vis- retary may use such additional statutory au- countries in which American Vietnam thority as is available to the Secretary to ited the site of the planned refuge War POW/MIAs or American Korean conduct projects and activities at the Refuge along with Senator LANDRIEU and me War POW/MIAs may be present, if in accordance with this Act, including in February. As I said, this project is those nationals assist in the return to projects or activities to conserve or de- the result of the good faith, dedication the United States of those POW/MIAs velop— and continued cooperation of many alive. (1) wildlife and natural resources; players. I express my sincere gratitude S. 514 (2) water supplies; and congratulations to all who have At the request of Mr. COCHRAN, the (3) water control structures; been involved. (4) outdoor recreational activity programs; The final piece in the completion of names of the Senator from New York and this project is the designation of the (Mr. SCHUMER) and the Senator from (5) interpretive education programs. Iowa (Mr. HARKIN) were added as co- SEC. 6. AUTHORIZATION OF APPROPRIATION. land as a National Wildlife Refuge. I am proud to offer legislation that will sponsors of S. 514, a bill to improve the There are authorized to be appropriated to National Writing Project. the Secretary such sums as are necessary ensure the conservation of wild Lou- for— isiana for future generations to experi- S. 662 (1) the acquisition of interests in land and ence. At the request of Ms. SNOWE, the waters described in section 3(d)(1); and f name of the Senator from Michigan (2) the development, operation, and main- (Mr. ABRAHAM) was added as a cospon- tenance of the Refuge. ADDITIONAL COSPONSORS sor of S. 662, a bill to amend title XIX Mr. BREAUX. Mr. President, I am S. 20 of the Social Security Act to provide pleased to join Senator LANDRIEU in of- At the request of Mr. LAUTENBERG, medical assistance for certain women fering legislation to establish the Cat the name of the Senator from Rhode Is- screened and found to have breast or

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2000 CONGRESSIONAL RECORD — SENATE S2871 cervical cancer under a federally fund- kota (Mr. JOHNSON) was added as a co- to award a gold medal on behalf of Con- ed screening program. sponsor of S. 1805, a bill to restore food gress to Muhammad Ali in recognition S. 764 stamp benefits for aliens, to provide of his outstanding athletic accomplish- At the request of Mr. THURMOND, the States with flexibility in administering ments and enduring contributions to name of the Senator from Arizona (Mr. the food stamp vehicle allowance, to humanity, and for other purposes. KYL) was added as a cosponsor of S. 764, index the excess shelter expense deduc- S. 2084 a bill to amend section 1951 of title 18, tion to inflation, to authorize addi- At the request of Mr. LUGAR, the United States Code (commonly known tional appropriations to purchase and name of the Senator from Louisiana as the Hobbs Act), and for other pur- make available additional commodities (Ms. LANDRIEU) was added as a cospon- poses. under the emergency food assistance sor of S. 2084, a bill to amend the Inter- S. 784 program, and for other purposes. nal Revenue Code of 1986 to increase At the request of Mr. ROCKEFELLER, S. 1806 the amount of the charitable deduction the name of the Senator from Virginia At the request of Mr. BINGAMAN, the allowable for contributions of food in- (Mr. WARNER) was added as a cosponsor name of the Senator from Nebraska ventory, and for other purposes. of S. 784, a bill to establish a dem- (Mr. KERREY) was added as a cosponsor S. 2158 onstration project to study and provide of S. 1806, a bill to authorize the pay- At the request of Mr. MURKOWSKI, the coverage of routine patient care costs ment of a gratuity to certain members name of the Senator from Florida (Mr. for Medicare beneficiaries with cancer of the Armed Forces who served at Ba- MACK) was added as a cosponsor of S. who are enrolled in an approved clin- taan and Corregidor during World War ical trial program. 2158, a bill to amend the Harmonized II, or the surviving spouses of such Tariff Schedule of the United States to S. 1369 members, and for other purposes. eliminate the duty on certain steam or At the request of Mr. JEFFORDS, the S. 1883 other vapor generating boilers used in name of the Senator from New Jersey At the request of Mr. BINGAMAN, the nuclear facilities. (Mr. TORRICELLI) was added as a co- name of the Senator from Missouri sponsor of S. 1369, a bill to enhance the S. 2217 benefits of the national electric system (Mr. ASHCROFT) was added as a cospon- At the request of Mr. CAMPBELL, the by encouraging and supporting State sor of S. 1883, a bill to amend title 5, name of the Senator from Wyoming programs for renewable energy sources, United States Code, to eliminate an in- (Mr. THOMAS) was added as a cosponsor universal electric service, affordable equity on the applicability of early re- of S. 2217, a bill to require the Sec- electric service, and energy conserva- tirement eligibility requirements to retary of the Treasury to mint coins in tion and efficiency, and for other pur- military reserve technicians. commemoration of the National Mu- poses. S. 1905 seum of the American Indian of the S. 1419 At the request of Mr. SANTORUM, the Smithsonian Institution, and for other At the request of Mr. MCCAIN, the name of the Senator from Maine (Ms. purposes. names of the Senator from Ohio (Mr. COLLINS) was added as a cosponsor of S. S. 2220 VOINOVICH), and the Senator from Ne- 1905, a bill to establish a program to At the request of Mr. ALLARD, the vada (Mr. BRYAN) were added as co- provide for a reduction in the incidence name of the Senator from Wyoming sponsors of S. 1419, a bill to amend title and prevalence of Lyme disease. (Mr. ENZI) was added as a cosponsor of 36, United States Code, to designate S. 1915 S. 2220, a bill to protect Social Security May as ‘‘National Military Apprecia- At the request of Mr. JEFFORDS, the and provide for repayment of the Fed- tion Month.’’ name of the Senator from North Da- eral debt. S. 1440 kota (Mr. CONRAD) was added as a co- S. 2232 At the request of Mr. GRAMM, the sponsor of S. 1915, a bill to enhance the At the request of Mr. GRAHAM, the name of the Senator from Utah (Mr. services provided by the Environ- name of the Senator from Maryland BENNETT) was added as a cosponsor of mental Protection Agency to small (Ms. MIKULSKI) was added as a cospon- S. 1440, a bill to promote economic communities that are attempting to sor of S. 2232, a bill to promote primary growth and opportunity by increasing comply with national, State, and local and secondary health promotion and the level of visas available for highly environmental regulations. disease prevention services and activi- specialized scientists and engineers and S. 1995 ties among the elderly, to amend title by eliminating the earnings penalty on At the request of Mr. KOHL, the name XVIII of the Social Security Act to add senior citizens who continue to work of the Senator from Minnesota (Mr. preventive benefits, and for other pur- after reaching retirement age. WELLSTONE) was added as a cosponsor pose. S. 1617 of S. 1995, a bill to amend the National S. 2235 At the request of Mr. DEWINE, the School Lunch Act to revise the eligi- At the request of Ms. COLLINS, the name of the Senator from Washington bility of private organizations under names of the Senator from New Jersey (Mr. GORTON) was added as a cosponsor the child and adult care food program. (Mr. LAUTENBERG) and the Senator of S. 1617, a bill to promote preserva- S. 2061 from North Dakota (Mr. DORGAN) were tion and public awareness of the his- At the request of Mr. BIDEN, the added as cosponsors of S. 2235, a bill to tory of the Underground Railroad by name of the Senator from Louisiana amend the Public Health Act to revise providing financial assistance, to the (Mr. BREAUX) was added as a cosponsor the performance standards and certifi- Freedom Center in Cincinnati, Ohio. of S. 2061, a bill to establish a crime cation process for organ procurement S. 1762 prevention and computer education ini- organizations. At the request of Mr. COVERDELL, the tiative. names of the Senator from Utah (Mr. S. 2243 S. 2068 HATCH) and the Senator from Wis- At the request of Ms. LANDRIEU, the consin (Mr. KOHL) were added as co- At the request of Mr. GREGG, the name of the Senator from Texas (Mrs. sponsors of S. 1762, a bill to amend the name of the Senator from Kentucky HUTCHISON) was added as a cosponsor of Watershed Protection and Flood Pre- (Mr. MCCONNELL) was added as a co- S. 2243, a bill to reauthorize certain vention Act to authorize the Secretary sponsor of S. 2068, a bill to prohibit the programs of the Small Business Admin- of Agriculture to provide cost share as- Federal Communications Commission istration, and for other purposes. sistance for the rehabilitation of struc- from establishing rules authorizing the S. 2265 tural measures constructed as part of operation of new, low power FM radio At the request of Mrs. HUTCHISON, the water resources projects previously stations. name of the Senator from Kansas (Mr. funded by the Secretary under such S. 2078 ROBERTS) was added as a cosponsor of Act or related laws. At the request of Mr. BUNNING, the S. 2265, a bill to amend the Internal S. 1805 name of the Senator from Ohio (Mr. Revenue Code of 1986 to preserve mar- At the request of Mr. KENNEDY, the DEWINE) was added as a cosponsor of S. ginal domestic oil and natural gas well name of the Senator from South Da- 2078, a bill to authorize the President production, and for other purposes.

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2872 CONGRESSIONAL RECORD — SENATE April 25, 2000 S. 2274 viduals with Disabilities Education Act (Mr. ASHCROFT) was added as a cospon- At the request of Mr. GRASSLEY, the to achieve full funding for part B of sor of S. Con. Res. 104, a concurrent names of the Senator from Rhode Is- that Act by 2010. resolution expressing the sense of the land (Mr. L. CHAFEE), the Senator from S. 2344 Congress regarding the ongoing pros- Mississippi (Mr. COCHRAN), the Senator At the request of Mr. BROWNBACK, the ecution of 13 members of Iran’s Jewish from New Mexico (Mr. BINGAMAN), the names of the Senator from Colorado community. Senator from Minnesota (Mr. (Mr. ALLARD) and the Senator from S. CON. RES. 107 WELLSTONE), the Senator from New Georgia (Mr. COVERDELL) were added as Jersey (Mr. LAUTENBERG), the Senator At the request of Mr. AKAKA, the cosponsors of S. 2344, a bill to amend names of the Senator from Nebraska from North Carolina (Mr. EDWARDS), the Internal Revenue Code of 1986 to (Mr. KERREY), the Senator from Wis- the Senator from Connecticut (Mr. treat payments under the Conservation consin (Mr. KOHL), and the Senator DODD), the Senator from California Reserve Program as rentals from real from New York (Mr. SCHUMER) were (Mrs. FEINSTEIN), the Senator from estate. CHUMER added as cosponsors of S. Con. Res. 107, New York (Mr. S ), and the Sen- S. 2353 ator from Virginia (Mr. ROBB) were a concurrent resolution expressing the At the request of Mr. AKAKA, the sense of the Congress concerning sup- added as cosponsors of S. 2274, a bill to name of the Senator from North Da- amend title XIX of the Social Security port for the Sixth Nonproliferation kota (Mr. DORGAN) was added as a co- Treaty Review Conference. Act to provide families and disabled sponsor of S. 2353, a bill to amend the children with the opportunity to pur- Higher Education Act of 1965 to im- S.J. RES. 3 chase coverage under the medicaid pro- prove the program for American Indian At the request of Mr. INOUYE, his gram for such children. Tribal Colleges and Universities under name was withdrawn as a cosponsor of S. 2277 part A of title III. S.J. Res. 3, a joint resolution proposing At the request of Mr. ROTH, the name S. 2365 an amendment to the Constitution of of the Senator from Idaho (Mr. CRAIG) At the request of Ms. COLLINS, the the United States to protect the rights was added as a cosponsor of S. 2277, a names of the Senator from New Jersey of crime victims. bill to terminate the application of (Mr. LAUTENBERG) and the Senator S.J. RES. 44 title IV of the Trade Act of 1974 with from Montana (Mr. BURNS) were added respect to the People’s Republic of At the request of Mr. KENNEDY, the as cosponsors of S. 2365, a bill to amend China. names of the Senator from Texas (Mr. title XVIII of the Social Security Act S. 2311 GRAMM), the Senator from Montana to eliminate the 15 percent reduction (Mr. BAUCUS), the Senator from Mis- At the request of Mr. KENNEDY, the in payment rates under the prospective names of the Senator from Louisiana sissippi (Mr. LOTT), and the Senator payment system for home health serv- from Pennsylvania (Mr. SPECTER) were (Mr. BREAUX), and the Senator from ices. added as cosponsors of S.J. Res. 44, a Massachusetts (Mr. KERRY) were added S. 2408 as cosponsors of S. 2311, a bill to revise joint resolution supporting the Day of At the request of Mr. BINGAMAN, the and extend the Ryan White CARE Act Honor 2000 to honor and recognize the names of the Senator from Utah (Mr. programs under title XXVI of the Pub- service of minority veterans in the BENNETT) and the Senator from Wis- lic Health Service Act, to improve ac- United States Armed Forces during consin (Mr. FEINGOLD) were added as cess to health care and the quality of World War II. cosponsors of S. 2408, a bill to authorize health care under such programs, and S. RES. 247 the President to award a gold medal on to provide for the development of in- behalf of the Congress to the Navajo At the request of Mr. CAMPBELL, the creased capacity to provide health care Code Talkers in recognition of their names of the Senator from Maine (Ms. and related support services to individ- contributions to the Nation. SNOWE), the Senator from New Hamp- uals and families with HIV disease, and shire (Mr. GREGG), the Senator from S. 2417 for other purposes. Wisconsin (Mr. KOHL), the Senator At the request of Mr. CRAPO, the S. 2322 from Connecticut (Mr. DODD), the Sen- name of the Senator from Alabama At the request of Mr. MCCAIN, the ator from Mississippi (Mr. LOTT), the (Mr. SESSIONS) was added as a cospon- name of the Senator from Virginia (Mr. Senator from Alabama (Mr. SHELBY), sor of S. 2417, a bill to amend the Fed- ROBB) was added as a cosponsor of S. the Senator from Iowa (Mr. GRASSLEY), eral Water Pollution Control Act to in- 2322, a bill to amend title 37, United the Senator from Wyoming (Mr. THOM- crease funding for State nonpoint States Code, to establish a special sub- AS), the Senator from New Mexico (Mr. source pollution control programs, and sistence allowance for certain members DOMENICI), the Senator from Illinois for other purposes. of the uniformed services who are eligi- (Mr. FITZGERALD), the Senator from ble to receive food stamp assistance, S. CON. RES. 60 Rhode Island (Mr. L. CHAFEE), and the and for other purposes. At the request of Mr. FEINGOLD, the Senator from Massachusetts (Mr. S. 2330 name of the Senator from New Mexico KERRY) were added as cosponsors of S. At the request of Mr. BREAUX, the (Mr. BINGAMAN) was added as a cospon- Res. 247, a resolution commemorating name of the Senator from New Mexico sor of S. Con. Res. 60, a concurrent res- and acknowledging the dedication and (Mr. BINGAMAN) was added as a cospon- olution expressing the sense of Con- sacrifice made by the men and women sor of S. 2330, a bill to amend the Inter- gress that a commemorative postage who have lost their lives while serving nal Revenue Code of 1986 to repeal the stamp should be issued in honor of the as law enforcement officers. U.S.S. Wisconsin and all those who excise tax on telephone and other com- S. RES. 248 munication services. served aboard her. At the request of Mr. ROBB, the At the request of Mr. ROTH, the S. CON. RES. 81 names of the Senator from Vermont names of the Senator from Texas (Mr. At the request of Mr. ROTH, the name (Mr. LEAHY) and the Senator from GRAMM), the Senator from Arizona (Mr. of the Senator from Wyoming (Mr. Michigan (Mr. LEVIN) were added as co- KYL), the Senator from Kansas (Mr. ENZI) was added as a cosponsor of S. sponsors of S. Res. 248, a resolution to ROBERTS), and the Senator from Ne- Con. Res. 81, a concurrent resolution designate the week of May 7, 2000, as braska (Mr. HAGEL) were added as co- expressing the sense of the Congress sponsors of S. 2330, supra. that the Government of the People’s ‘‘National Correctional Officers and Employees Week.’’ S. 2341 Republic of China should immediately At the request of Mr. GREGG, the release Rabiya Kadeer, her secretary, S. RES. 287 names of the Senator from California and her son, and permit them to move At the request of Mr. MACK, his name (Mrs. FEINSTEIN) and the Senator from to the United States if they so desire. was added as a cosponsor of S. Res. 287, California (Mrs. BOXER) were added as S. CON. RES. 104 a resolution expressing the sense of the cosponsors of S. 2341, a bill to authorize At the request of Mr. SCHUMER, the Senate regarding U.S. policy toward appropriations for part B of the Indi- name of the Senator from Missouri Libya.

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2000 CONGRESSIONAL RECORD — SENATE S2873 SENATE RESOLUTION 294—DESIG- nation with a moral challenge: to find Resolved, That it is the sense of the Senate NATING THE MONTH OF OCTO- the means to sustain the wonderful that the carrying of firearms into places of BER 2000 AS ‘‘CHILDREN’S INTER- freedom of the Internet while pro- worship or educational and scholastic set- NET SAFETY MONTH’’ tecting children from unwanted and po- tings should be prohibited. Mr. LIEBERMAN. Mr. President, the Mr. ABRAHAM (for himself and Mr. tentially harmful Internet material. By designating October 2000 as ‘‘Chil- first anniversary of the Columbine MCCAIN) submitted the following reso- massacre has been a time for great con- lution; which was referred to the Com- dren’s Internet Safety Month’’ on the nation’s promotional calendar, we can templation and reflection—contempla- mittee on the Judiciary: tion of the horror and tragedy of that S. RES. 294 help parents, guardians, and concerned community leaders in their efforts to event, and reflection on what has be- Whereas the Internet is one of the most ef- come of the safety and security so fective tools available for purposes of edu- provide responsible Internet protection for our children. We can focus public many of us once took for granted. cation and research and gives children the From Paducah, Kentucky, to means to make friends and freely commu- attention on this important issue and Jonesboro, Arkansas, to Springfield, nicate with peers and family anywhere in the encourage development of positive, Oregon, to Mount Morris Township, world; community based programs and events Michigan, to Littleton, Colorado, the Whereas the new era of instant commu- highlighting the need to protect chil- surreal has too often become mortally nication holds great promise for achieving dren from objectionable Internet mate- better understanding of the world and pro- real. Senseless, horrific and seemingly rial. viding the opportunity for creative inquiry; random gun violence has invaded all This resolution will help empower Whereas it is vital to the well-being of corners of our nation. These incidents the young people of the Internet Gen- children that the Internet offer an open and have shattered our collective sense of responsible environment to explore; eration to share ideas and dreams; and security. What’s worse, they have done Whereas access to objectionable material, to do so free from unwanted and intru- so with respect to the very places such as violent, obscene, or sexually explicit sive, objectionable Internet material. adult material may be received by a minor where we and our children have the in unsolicited form; f right to feel most secure: our schools Whereas there is a growing concern in all SENATE RESOLUTION 295—EX- and our places of worship. levels of society to protect children from ob- There are many facets to this prob- jectionable material; PRESSING THE SENSE OF THE SENATE THAT THE CARRYING lem—a media culture that desensitizes Whereas the technological option for par- our children to violence, a feeling of ents or guardians to filter, block, or review OF FIREARMS INTO PLACES OF objectionable Internet material is available WORSHIP OR EDUCATIONAL AND hopelessness that invades too many of and effective; SCHOLASTIC SETTINGS SHOULD our children and the often too easy ac- Whereas information on Internet filtering BE PROHIBITED cessibility of firearms. We must ad- or blocking technology is unavailable to dress all of these problems, and I hope many parents or guardians; and Mr. LIEBERMAN (for himself Mr. we soon will start to do so by taking Whereas the Internet is a positive edu- DASCHLE, Ms. MIKULSKI, Mr. SCHUMER, action on the long-stalled juvenile jus- cational tool and should be seen in such a Mrs. BOXER, Mr. KOHL, Mr. DODD, Mr. tice bill with its several sensible gun- manner rather than as a vehicle for entities KERRY, Mr. REED, Mr. BAYH, Mr. HAR- safety provisions and its measures to make objectionable materials available to KIN, Mr. LAUTENBERG, Mr. REID, Mr. children: Now, therefore, be it aimed at the culture of violence sur- TORRICELLI, Mr. JOHNSON, Mr. BREAUX, Resolved, That the Senate— rounding our children. (1) designates October 2000 as ‘‘Children’s Mr. WELLSTONE, Mr. BRYAN, Mr. KEN- But there is one more thing we can Internet Safety Month’’ and supports its offi- NEDY, Mr. ROBB, Mr. GRAHAM, Mr. do for ourselves and our children: re- cial status on the Nation’s promotional cal- WYDEN, Mr. AKAKA, Mrs. FEINSTEIN, store a sense of sanctuary and safe endar; and Mr. EDWARDS, Mr. MOYNIHAN, Mr. SAR- haven to spaces where guns have no (2) supports parents and guardians in pro- BANES, and Mr. LEAHY) submitted the place. Ask parents, educators or moting the creative development of children following resolution, which was re- congregants, and they’ll say every by encouraging the use of the Internet in a ferred to the Committee on the Judici- community is entitled to at least a few safe, positive manner with the aid of Inter- ary: net filtering and blocking technologies. sites of sanctuary, where they can S. RES. 295 honor their families and their God Mr. ABRAHAM. Mr. President, I rise without fearing for their safety or today to offer a resolution designating Whereas repeated incidents of senseless and horrific gun violence have led many their lives. But the reality is that at October 2000 as ‘‘Children’s Internet Americans to conclude that neither they nor least 22 states permit gun owners to Safety Month’’ on our national pro- their children can feel completely secure carry concealed weapons into places of motional calendar. This resolution, anywhere at anytime anymore; worship, and many allow them at which I am submitting along with my Whereas the epidemic of gun violence in school events off campus. colleague, Senator MCCAIN, recognizes our Nation has invaded schools, youth sport- Why does anyone other than a law the valuable information and opportu- ing events, places of worship, and other enforcement or security officer need to spaces that the American people once nities for creative development pro- carry a firearm into these spaces? Why vided by the Internet. It supports par- thought of as sanctuaries of safety; Whereas these shootings have shattered at this moment of such concern about ents and guardians as they work to the confidence of parents and educators and gun violence do we want to add to it promote children’s intellectual growth clergy in their ability to protect children the potential for more terror and trag- by encouraging safe, positive internet from the increasingly dangerous world edy in what should be our safest use with the aid of Internet filtering around them; places? Why after at least a dozen and blocking technologies. Whereas in response to this trend, Con- shootings in American churches and Filtering and blocking technologies gress previously acted to protect America’s synagogues over the last five years do can help parents and guardians protect children by prohibiting the possession of we want to invite another? their children from objectionable ma- firearms in school zones; Making clear that guns have no place terial. This is particularly important Whereas no American adult or child should have to fear for their safety when studying, in what are supposed to be sanctuaries in those frequent instances when such praying in their places of worship, or partici- would put the law on the right side of material is obtained by accident, via pating in any other activities at or related reason. It would help diminish the odds unsolicited correspondence. With more to their schools or places of worship; that another Columbine is around the than 5,000 new web sites appearing on Whereas it is the obligation of America’s corner. And it would reassure the the Internet each day, we must recog- elected leaders to do all they can to protect American people that it is possible for nize the problems raised by the signifi- our children from harm and ensure that us to come together on common ground cant number of sites containing objec- adults and children alike can learn, play, or to fight this threat to our safety and tionable material (defined as material pray in safety; and Whereas there is no rational reason for security. that is violent, obscene or sexually ex- anyone other than a law enforcement officer With these thoughts in mind, and plicit). Unfortunately, one-third of all to carry a gun into a place of worship, a with the Million Mom March against Internet web sites are devoted to objec- school, or a school-related event: Now, there- gun violence soon to occur in Wash- tionable material. This presents our fore, be it ington, I am today joining a coalition

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2874 CONGRESSIONAL RECORD — SENATE April 25, 2000 of more than 25 Members in submitting family members to engage together in fam- AMENDMENT SUBMITTED a resolution expressing our support for ily activities; prohibitions on firearms in schools, Whereas adults in the United States should scholastic settings, and places of wor- have an opportunity to reminisce on their MARRIAGE TAX PENALTY RELIEF ship. This resolution would make a youth to recapture some of the fresh insight, ACT OF 2000 innocence, and dreams that they may have clear statement that, like most Ameri- lost through the years; cans, we in the Senate believe that Whereas the designation of a day to com- Saturday Night Specials do not belong BAYH (AND OTHERS) AMENDMENT memorate the children of the United States NO. 3102 in Sunday School classes or any other will provide an opportunity to emphasize to place where families are learning, play- children the importance of developing an (Ordered to lie on the table) ing or praying. ability to make the choices necessary to dis- Mr. BAYH (for himself and Mr. DUR- This in the end is not an ideological tance themselves from impropriety and to BIN, Mr. JOHNSON, Mrs. FEINSTEIN, Ms. or constitutional issue, but a question contribute to their communities; LANDRIEU, Mr. EDWARDS, and Mrs. of common sense. We can respect the Whereas the people of the United States MURRAY) submitted an amendment in- rights of law-abiding gun owners while should emphasize to children the importance tended to be proposed by them to the also acknowledging that bullets and of family life, education, and spiritual quali- bill (H.R. 6) to amend the Internal Rev- ties; Bibles don’t mix. This is not a hard enue Code of 1986 to eliminate the mar- Whereas because children are the responsi- line to take. Nor should it be a hard bility of all people of the United States, ev- riage penalty by providing that the in- line to draw, in order to provide safe eryone should celebrate children, whose come tax rate bracket amounts, and havens for our families. questions, laughter, and dreams are impor- the amount of the standard deduction, It is time for the Senate to go on tant to the existence of the United States; for joint returns shall be twice the record and say that there are certain and amounts applicable to unmarried indi- places in our society that must be safe Whereas the designation of a day to com- viduals; as follows: memorate the children will emphasize to the havens from even the threat of vio- In lieu of the matter proposed to be in- people of the United States the importance lence, spaces where we and our children serted, insert the following: can go to pray and play with the con- of the role of the child within the family and society: Now, therefore, be it SECTION 1. SHORT TITLE; AMENDMENT OF 1986 fidence that safety and security will CODE. Resolved, That the Senate— follow. I urge my colleagues to join me (a) SHORT TITLE.—This Act may be cited as (1) designates the first Sunday in June of the ‘‘Targeted Marriage Tax Penalty Relief in supporting this resolution. each year as ‘‘National Child’s Day’’; and Act of 2000’’. f (2) requests the President to issue a procla- (b) AMENDMENT OF 1986 CODE.—Except as mation calling on the people of the United otherwise expressly provided, whenever in SENATE RESOLUTION 296—DESIG- States to observe the day with appropriate this Act an amendment or repeal is ex- NATING THE FIRST SUNDAY IN ceremonies and activities. JUNE OF EACH CALENDAR YEAR pressed in terms of an amendment to, or re- Mr. GRAHAM. Mr. President, I rise peal of, a section or other provision, the ref- AS ‘‘NATIONAL CHILD’S DAY’’ today to submit a resolution that des- erence shall be considered to be made to a By Mr. GRAHAM (for himself, Mr. ignates the first Sunday in June as Na- section or other provision of the Internal AKAKA, Mr. CRAPO, Mr. BYRD, Mr. tional Child’s Day. Revenue Code of 1986. SPECTER, Mr. CONRAD, Mr. THURMOND, (c) SECTION 15 NOT TO APPLY.—No amend- Our children are our future. I believe ment made by section 2 shall be treated as a Mr. DORGAN, Mr. VOINOVICH, Mr. DUR- that most of my colleagues would change in a rate of tax for purposes of sec- BIN, Mr. BOND, Mr. EDWARDS, Mr. agree that our children are, indeed, tion 15 of the Internal Revenue Code of 1986 CRAIG, Mr. KOHL, Mr. WARNER, Mr. this nation’s most precious resource—a . ROCKEFELLER, Mr. ABRAHAM, Mr. SAR- resource that should be cherished and SEC. 2. MARRIAGE CREDIT. BANES, Mr. ENZI, Mr. KERRY, Mr. protected. (a) IN GENERAL.—Subpart A of part IV of LUGAR, Mr. SMITH of Oregon, Mr. Sadly, Mr. President, over five mil- subchapter A of chapter 1 (relating to non- CLELAND, Mr. COCHRAN, Mr. BINGAMAN, lion of America’s children go to bed refundable personal credits) is amended by inserting after section 25A the following new Ms. LANDRIEU, Mr. GRAMS, Mr. BAYH, hungry at night. Mr. MACK, Mr. BRYAN, Mr. REID, Mr. section: In the last ten years there has been a JOHNSON, Mrs. LINCOLN, Mrs. MURRAY, ‘‘SEC. 25B. MARRIAGE CREDIT. 60 percent increase in the number of Mrs. FEINSTEIN, Mr. LIBERMAN, Mrs. ‘‘(a) ALLOWANCE OF CREDIT.—In the case of children in or in need of foster care BOXER, and Mr. WELLSTONE) submitted a joint return under section 6013, there shall the following resolution; which was re- services. be allowed as a credit against the tax im- posed by this chapter for the taxable year an ferred to the Committee on the Judici- Many children in America face crises of grave proportions, especially as they amount equal to the lesser of the amount de- ary: termined under subsection (b) or (c) for the enter their adolescent years. S. RES. 296 taxable year. Whereas the first Sunday of June falls be- We must make a commitment to re- ‘‘(b) AMOUNT UNDER SUBSECTION (b).—For tween Mother’s Day and Father’s Day; verse these trends. We must take the purposes of subsection (a), the amount under Whereas each child is unique, a blessing, initiative to make each child in this this subsection for any taxable year with re- and holds a distinct place in the family unit; nation a child who is loved, cared for spect to a taxpayer is determined in accord- Whereas the people of the United States and appreciated for his or herself. ance with the following table: should celebrate children as the most valu- The establishment of a National Amount: able asset of the United States; Child’s Day will give all of us the ‘‘Taxable year: Whereas the children represent the future, 2001 ...... $500 hope, and inspiration of the United States; unique opportunity to focus on our 2002 ...... $900 Whereas the children of the United States children’s needs and to recognize their 2003 ...... $1,300 should be allowed to feel that their ideas and accomplishments. 2004 and thereafter ...... $1,700. dreams will be respected because adults in National Child’s Day will encourage ‘‘(c) DETERMINATION OF AMOUNT.— the United States take time to listen; families to spend more quality time to- ‘‘(1) IN GENERAL.—For purposes of sub- Whereas many children of the United gether and will highlight the special section (a), the amount determined under States face crises of grave proportions, espe- this subsection for any taxable year with re- cially as they enter adolescent years; importance of the child in the family spect to a taxpayer is equal to the excess (if Whereas it is important for parents to unit. any) of— spend time listening to their children on a This simple, yet important, resolu- ‘‘(A) the joint tentative tax of such tax- daily basis; tion will foster family togetherness payer for such year, over Whereas modern societal and economic de- and ensure that our children receive all ‘‘(B) the combined tentative tax of such mands often pull the family apart; of the love, support, and attention that taxpayer for such year. Whereas, whenever practicable, it is impor- they deserve. ‘‘(2) JOINT TENTATIVE TAX.—For purposes of tant for both parents to be involved in their paragraph (1)(A)— child’s life; I urge my colleagues to join me in es- ‘‘(A) IN GENERAL.—The joint tentative tax Whereas encouragement should be given to tablishing National Child’s Day this of a taxpayer for any taxable year is equal to families to set aside a special time for all year and for years to come. the tax determined in accordance with the

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2000 CONGRESSIONAL RECORD — SENATE S2875 table contained in section 1(a) on the joint amount which would be so taken into ac- SEC. 4. PRESERVE FAMILY TAX CREDITS FROM tentative taxable income of the taxpayer for count as— THE ALTERNATIVE MINIMUM TAX. such year. ‘‘(A) the excess of— (a) IN GENERAL.—Subsection (a) of section ‘‘(B) JOINT TENTATIVE TAXABLE INCOME.— ‘‘(i) the taxpayer’s adjusted gross income 26 of the Internal Revenue Code of 1986 (re- For purposes of subparagraph (A), the joint for such taxable year, over lating to limitation based on tax liability; tentative taxable income of a taxpayer for ‘‘(ii) $120,000, bears to definition of tax liability) is amended to read any taxable year is equal to the excess of— ‘‘(B) $20,000. as follows: ‘‘(i) the sum of— ‘‘(e) INFLATION ADJUSTMENT.— ‘‘(a) LIMITATION BASED ON AMOUNT OF ‘‘(I) the earned income (as defined in sec- ‘‘(1) IN GENERAL.—In the case of any tax- TAX.—The aggregate amount of credits al- tion 32(c)(2)) of such taxpayer for such year, able year beginning after 2004, the $1,700 lowed by this subpart for the taxable year and amount referred to in subsection (b) and the shall not exceed the sum of— ‘‘(II) any income received as a pension or $120,000 amount referred to in subsection ‘‘(1) the taxpayer’s regular tax liability for annuity which arises from an employer-em- (d)((2)(A)(ii) shall be increased by an amount the taxable year reduced by the foreign tax ployee relationship (including any social se- equal to— credit allowable under section 27(a), and curity benefit (as defined in section 86(d)(1)) ‘‘(A) such dollar amount, multiplied by ‘‘(2) the tax imposed for the taxable year which is includible in gross income of such ‘‘(B) the cost-of-living adjustment deter- by section 55(a).’’. (b) CONFORMING AMENDMENTS.— taxpayer for such year, over mined under section (1)(f)(3) for the calendar (1) Subsection (d) of section 24 of such Code ‘‘(ii) the sum of— year in which the taxable year begins, by is amended by striking paragraph (2) and by ‘‘(I) either— substituting ‘2003’ for ‘1992’. redesignating paragraph (3) as paragraph (2). ‘‘(aa) the standard deduction determined ‘‘(2) ROUNDING.—If the $1,700 amount (as so (2) Section 32 of such Code is amended by under section 63(c)(2)(A)(i) for such taxpayer referred) and the $120,000 amount (as so re- striking subsection (h). for such year, or ferred) as adjusted under paragraph (1) is not (3) Section 904 of such Code is amended by ‘‘(bb) in the case of an election under sec- a multiple of $25 and $50, respectively, such striking subsection (h) and by redesignating tion 63(e), the total itemized deductions de- amount shall be rounded to the nearest mul- subsections (i), (j), and (k) as subsections (h), termined under section 63(d) for such tax- tiple of $25 and $50, respectively.’’. (i), and (j), respectively. payer for such year, and (b) CONFORMING AMENDMENT.—The table of (c) EFFECTIVE DATE.—The amendments ‘‘(II) the total exemption amount for such sections for subpart A of part IV of sub- made by this section shall apply to taxable taxpayer for such year determined under sec- chapter A of chapter 1 is amended by insert- years beginning after December 31, 2001. tion 151. ing after the item relating to section 25A the ‘‘(3) COMBINED TENTATIVE TAX.—For pur- following new item: f poses of paragraph (1)(A)— NOTICES OF HEARINGS ‘‘(A) IN GENERAL.—The combined tentative ‘‘Sec. 25B. Marriage credit.’’ tax of a taxpayer for any taxable year is (c) EFFECTIVE DATE.—The amendments COMMITTEE ON RULES AND ADMINISTRATION equal to the sum of the taxes determined in made by this section shall apply to taxable Mr. MCCONNELL. Mr. President, I accordance with the table contained in sec- years beginning after December 31, 2000. wish to announce that the Committee tion 1(c) on the individual tentative taxable SEC. 3. MARRIAGE PENALTY RELIEF FOR on Rules and Administration will meet income of each spouse for such year. EARNED INCOME CREDIT. at 9:30 a.m., Wednesday, April 26, 2000, ‘‘(B) INDIVIDUAL TENTATIVE TAXABLE IN- (a) IN GENERAL.—Section 32(b) (relating to COME.—For purposes of subparagraph (A), the percentages and amounts) is amended— in room SR–301 Russell Senate Office individual tentative taxable income of a (1) by striking ‘‘PERCENTAGES.—The cred- Building, to receive testimony on cit- spouse for any taxable year is equal to the it’’ in paragraph (1) and inserting ‘‘PERCENT- izen participation in the political proc- excess of— AGES.— ess. ‘‘(i) the sum of— ‘‘(A) IN GENERAL.—Subject to subparagraph For further information concerning ‘‘(I) the earned income (as defined in sec- (B), the credit’’, this meeting contact Hunter Bates at tion 32(c)(2)) of such spouse for such year, (2) by adding at the end of paragraph (1) the Rules Committee on 4–6352. and the following new subparagraph: COMMITTEE ON INDIAN AFFAIRS ‘‘(II) any income received as a pension or ‘‘(B) JOINT RETURNS.—In the case of a joint annuity which arises from an employer-em- return, the phaseout percentage determined Mr. CAMPBELL. Mr. President, I ployee relationship (including any social se- under subparagraph (A)— would like to announce that the Com- curity benefit (as defined in section 86(d)(1)) ‘‘(i) in the case of an eligible individual mittee on Indian Affairs will meet dur- which is includible in gross income of such with 1 qualifying child shall be decreased by ing the session of the Senate on spouse for such year, over 1.87 percentage points, and Wednesday, April 26, 2000, at 9:30 a.m. ‘‘(ii) the sum of— ‘‘(ii) in the case of an eligible individual to conduct a business meeting on pend- ‘‘(I) either— with 2 or more qualifying child shall be de- ing legislation (TBA), followed imme- ‘‘(aa) the standard deduction determined creased by 2.01 percentage points.’’, diately by a hearing on draft legisla- under section 63(c)(2)(C) for such spouse for (3) by striking ‘‘AMOUNTS.—The earned’’ in tion to reauthorize the Indian sections such year, or paragraph (2) and inserting ‘‘AMOUNTS.— ‘‘(bb) in the case of an election under sec- ‘‘(A) IN GENERAL.—Subject to subparagraph of the Elementary and Secondary Edu- tion 63(e), one-half of the total itemized de- (B), the earned’’, and cation Act. The hearing will be held in ductions determined under paragraph (4) by adding at the end the following new the committee room, 485 Russell Sen- (2)(B)(ii)(I)(bb) for such spouse for such year, subparagraph: ate Building. and ‘‘(B) JOINT RETURNS.—In the case of a joint Those wishing additional information ‘‘(II) one-half of the total exemption return, the phaseout amount determined may contact the committee at (202) amount determined under paragraph under subparagraph (A) shall be increased by 224–2251. (2)(B)(ii)(II) for such year. $2,000.’’. COMMITTEE ON AGRICULTURE, NUTRITION, AND ‘‘(C) INCLUDIBLE SOCIAL SECURITY BEN- (b) INFLATION ADJUSTMENT.—Paragraph FORESTRY EFIT.—For purposes of subparagraph (1)(B) of section 32(j) (relating to inflation (B)(i)(II), the amount of social security ben- adjustments) is amended to read as follows: Mr. LUGAR. Mr. President, I would efit (as so defined) which is includible in ‘‘(B) the cost-of-living adjustment deter- like to announce that the Committee gross income of a spouse for any taxable year mined under section 1(f)(3) for the calendar on Agriculture, Nutrition, and For- is equal to— year in which the taxable year begins, deter- estry will meet on April 27, 2000, in SD– ‘‘(i) the amount which bears the same ratio mined— 106 at 9 a.m. The purpose of this meet- to the amount of social security benefit de- ‘‘(i) in the case of amounts in subsections ing will be consider the nomination of termined under paragraph (2)(B)(i)(II) for (b)(2)(A) and (i)(1), by substituting ‘calendar Michael V. Dunn to be a member of the such year, as year 1995’ for ‘calendar year 1992’ in subpara- ‘‘(ii) such spouse’s total social security graph (B) thereof, and Farm Credit Administration Board, benefit for such year bears to the total social ‘‘(ii) in the case of the $2,000 amount in Farm Credit Administration, and to ex- security benefit for both spouses for such subsection (b)(2)(B), by substituting ‘cal- amine pending legislation on agri- year. endar year 2000’ for ‘calendar year 1992’ in culture concentration of ownership and ‘‘(d) PHASEOUT OF CREDIT.— subparagraph (B) of such section 1.’’. competitiveness. ‘‘(1) IN GENERAL.—The amount which would (c) ROUNDING.—Section 32(j)(2)(A) (relating SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC (but for this subsection) be taken into ac- to rounding) is amended by striking ‘‘sub- PRESERVATION, AND RECREATION count under subsection (a) shall be reduced section (b)(2)’’ and inserting ‘‘subsection Mr. THOMAS. Mr. President, I would (but not below zero) by the amount deter- (b)(2)(A) (after being increased under sub- mined under paragraph (2). paragraph (B) thereof)’’. like to announce for the information of ‘‘(2) AMOUNT OF REDUCTION.—The amount (d) EFFECTIVE DATE.—The amendments the Senate and the public that a hear- determined under this paragraph is the made by this section shall apply to taxable ing has been scheduled before the Sub- amount which bears the same ratio to the years beginning after December 31, 2000. committee on National Parks, Historic

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2876 CONGRESSIONAL RECORD — SENATE April 25, 2000 Preservation, and Recreation of the SUBCOMMITTEE ON INTERNATIONAL TRADE AND ‘‘(2) AGGREGATE AMOUNT OF CHARGES.— Committee on Energy and Natural Re- FINANCE ‘‘(A) IN GENERAL.—The aggregate amount sources. The purpose of this hearing is Mr. KYL. Mr. President, I ask unani- of the annual charges collected from all li- mous consent that the Subcommittee censees and certificate holders in a fiscal to receive testimony on S. 1438, a bill year shall equal an amount that approxi- to establish the National Law Enforce- on International Trade and Finance of mates the percentages of the budget author- ment Museum on Federal land in the the Committee on Banking, Housing, ity of the Commission for the fiscal year District of Columbia; S. 1921, a bill to and Urban Affairs be authorized to stated in subparagraph (B), less— authorize the placement within the meet during the session of the Senate ‘‘(i) amounts collected under subsection (b) site of the Vietnam Veterans Memorial on Thursday, April 27, 2000, to conduct during the fiscal year; and of a plaque to honor Vietnam veterans a hearing on ‘‘The International Mone- ‘‘(ii) amounts appropriated to the Commis- who died after their service in the Viet- tary Fund and International Financial sion from the Nuclear Waste Fund for the fiscal year. nam war, but as a direct result of that Institutions.’’ ‘‘(B) PERCENTAGES.—The percentages re- service; S. 2231 and H.R. 2879, bills to The PRESIDING OFFICER. Without ferred to in subparagraph (A) are— provide for the placement at the Lin- objection, it is so ordered. ‘‘(i) 98 percent for fiscal year 2001; coln Memorial of a plaque commemo- SUBCOMMITTEE ON WATER AND POWER ‘‘(ii) 96 percent for fiscal year 2002; rating the speech of Martin Luther Mr. KYL. Mr. President, I ask unani- ‘‘(iii) 94 percent for fiscal year 2003; King, Jr., known as the ‘‘I Have A mous consent that the Subcommittee ‘‘(iv) 92 percent for fiscal year 2004; and Dream’’ speech; S. 2343, a bill to amend on Water and Power of the Committee ‘‘(v) 88 percent for fiscal year 2005.’’. the National Historic Preservation Act SEC. 102. NUCLEAR REGULATORY COMMISSION on Energy and Natural Resources be AUTHORITY OVER FORMER LICENS- for purposes of establishing a national authorized to meet during the session EES FOR DECOMMISSIONING FUND- historic lighthouse preservation pro- of the Senate on Tuesday, April 25 at ING. gram; S. 2352, a bill to designate por- 2:30 p.m. to conduct a hearing. The sub- Section 161i. of the Atomic Energy Act of tions of the Wekiva River and associ- committee will receive testimony on S. 1954 (42 U.S.C. 2201(i)) is amended— ated tributaries as a component of the (1) by striking ‘‘and (3)’’ and inserting 2239, a bill to authorize the Bureau of ‘‘(3)’’; and National Wild and Scenic Rivers Sys- Reclamation to provide cost sharing (2) by inserting before the semicolon at the tem: H.R. 1749, a bill to designate Wil- for the endangered fish recovery imple- end the following: ‘‘, and (4) to ensure that son Creek in Avery and Caldwell Coun- mentation programs for the Upper Col- sufficient funds will be available for the de- ties, North Carolina, as a component of orado River and San Juan River basins. commissioning of any production or utiliza- the National Wild and Scenic Rivers The PRESIDING OFFICER. Without tion facility licensed under section 103 or Systems; and H.R. 3201, a bill to au- objection, it is so ordered. 104b., including standards and restrictions thorize the Secretary of the Interior to governing the control, maintenance, use, and f study the suitability and feasibility of disbursement by any former licensee under NRC FAIRNESS IN FUNDING ACT this Act that has control over any fund for designating the Carter G. Woodson the decommissioning of the facility’’. OF 1999 Home in the District of Columbia as a SEC. 103. COST RECOVERY FROM GOVERNMENT national historic site, and for other On April 13, 2000, the Senate amended AGENCIES. purposes. and passed S. 1627, as follows: Section 161w. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(w)) is amended— The hearing will take place on Thurs- S. 1627 day, April 27, 2000, at 2:30 p.m. in room (1) by striking ‘‘, or which operates any fa- Be it enacted by the Senate and House of Rep- SD–366 of the Dirksen Senate Office cility regulated or certified under section resentatives of the United States of America in 1701 or 1702,’’; Building in Washington, DC. Congress assembled, (2) by striking ‘‘483a’’ and inserting ‘‘9701’’; Because of the limited time available SECTION 1. SHORT TITLE; TABLE OF CONTENTS. and for the hearing, witnesses may testify (a) SHORT TITLE.—This Act may be cited as (3) by inserting before the period at the end by invitation only. However, those the ‘‘NRC Fairness in Funding Act of 2000’’. the following: ‘‘, and, commencing October 1, wishing to submit written testimony (b) TABLE OF CONTENTS.—The table of con- 2000, prescribe and collect from any other for the hearing record should send two tents of this Act is as follows: Government agency any fee, charge, or price copies of the testimony to the Com- Sec. 1. Short title; table of contents. that the Commission may require in accord- ance with section 9701 of title 31, United mittee on Energy and Natural Re- TITLE I—FUNDING States Code, or any other law’’. sources, United States Senate, SD–364 Sec. 101. Nuclear Regulatory Commission TITLE II—OTHER PROVISIONS Dirksen Senate Office Building, Wash- annual charges. ington, DC 20510–6150. Sec. 102. Nuclear Regulatory Commission SEC. 201. OFFICE LOCATION. Section 23 of the Atomic Energy Act of authority over former licensees For further information, please con- 1954 (42 U.S.C. 2033) is amended by striking ‘‘; for decommissioning funding. tact Jim O’Toole or Kevin Clark of the however, the Commission shall maintain an Sec. 103. Cost recovery from Government committee staff at (202) 224–6969. office for the service of process and papers agencies. within the District of Columbia’’. f TITLE II—OTHER PROVISIONS SEC. 202. LICENSE PERIOD. Sec. 201. Office location. Section 103c. of the Atomic Energy Act of AUTHORITY FOR COMMITTEES TO Sec. 202. License period. 1954 (42 U.S.C. 2133(c)) is amended— (1) by striking ‘‘c. Each such’’ and insert- MEET Sec. 203. Elimination of NRC antitrust re- views. ing the following: COMMITTEE ON BANKING, HOUSING, AND URBAN Sec. 204. Gift acceptance authority. ‘‘c. LICENSE PERIOD.— AFFAIRS Sec. 205. Carrying of firearms by licensee ‘‘(1) IN GENERAL.—Each such’’; and Mr. KYL. Mr. President, I ask unani- employees. (2) by adding at the end the following: mous consent that the Committee on Sec. 206. Unauthorized introduction of dan- ‘‘(2) COMBINED LICENSES.—In the case of a combined construction and operating license Banking, Housing, and Urban Affairs gerous weapons. Sec. 207. Sabotage of nuclear facilities or issued under section 185(b), the initial dura- be authorized to meet during the ses- fuel. tion of the license may not exceed 40 years sion of the Senate on Tuesday, April 25, from the date on which the Commission TITLE I—FUNDING 2000, to conduct a hearing on ‘‘Delays finds, before operation of the facility, that in Funding Mass Transit.’’ SEC. 101. NUCLEAR REGULATORY COMMISSION the acceptance criteria required by section ANNUAL CHARGES. 185(b) are met.’’. The PRESIDING OFFICER. Without Section 6101 of the Omnibus Budget Rec- objection, it is so ordered. SEC. 203. ELIMINATION OF NRC ANTITRUST RE- onciliation Act of 1990 (42 U.S.C. 2214) is VIEWS. COMMITTEE ON THE JUDICIARY amended— Section 105 of the Atomic Energy Act of Mr. KYL. Mr. President, I ask unani- (1) in subsection (a)(3), by striking ‘‘Sep- 1954 (42 U.S.C. 2135) is amended by adding at mous consent that the Committee on tember 30, 1999’’ and inserting ‘‘September the end the following: the Judiciary be authorized to meet to 20, 2005’’; and ‘‘(d) APPLICABILITY.—Subsection (c) shall (2) in subsection (c)— not apply to an application for a license to conduct a hearing on Tuesday, April 25, (A) in paragraph (1), by inserting ‘‘or cer- construct or operate a utilization facility 2000, at 9:30 a.m., in SD–226. tificate holder’’ after ‘‘licensee’’; and under section 103 or 104(b) that is pending on The PRESIDING OFFICER. Without (B) by striking paragraph (2) and inserting or that is filed on or after the date of enact- objection, it is so ordered. the following: ment of this subsection.’’.

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2000 CONGRESSIONAL RECORD — SENATE S2877 SEC. 204. GIFT ACCEPTANCE AUTHORITY. to make an arrest under paragraph (1) may journ until the hour of 10 a.m. on (a) IN GENERAL.—Section 161g. of the make an arrest only— Wednesday, April 26. I further ask Atomic Energy Act of 1954 (42 U.S.C. 2201(g)) ‘‘(A) when the individual is within, or is in unanimous consent that on Wednesday, is amended— flight directly from, the area in which the of- immediately following the prayer, the (1) by inserting ‘‘(1)’’ after ‘‘(g)’’; fense was committed; and (2) by striking ‘‘this Act;’’ and inserting ‘‘(B) in the enforcement of— Journal of proceedings be approved to ‘‘this Act; or’’; and ‘‘(i) a law regarding the property of the date, the morning hour be deemed ex- (3) by adding at the end the following: United States in the custody of the Depart- pired, and the time for the two leaders ‘‘(2) accept, hold, utilize, and administer ment of Energy, the Nuclear Regulatory be reserved for their use later in the gifts of real and personal property (not in- Commission, or a contractor of the Depart- day. cluding money) for the purpose of aiding or ment of Energy or Nuclear Regulatory Com- The PRESIDING OFFICER. Without facilitating the work of the Nuclear Regu- mission or a licensee or certificate holder of objection, it is so ordered. latory Commission.’’. the Commission; (b) CRITERIA FOR ACCEPTANCE OF GIFTS.— ‘‘(ii) a law applicable to facilities owned or f (1) IN GENERAL.—Chapter 14 of title I of the operated by a Commission licensee or certifi- PROGRAM Atomic Energy Act of 1954 (42 U.S.C. 2201 et cate holder that are designated by the Com- seq.) is amended by adding at the end the fol- mission under section 161k.; Mr. THOMPSON. Mr. President, to- lowing: ‘‘(iii) a law applicable to property of sig- morrow morning when the Senate con- ‘‘SEC. 170C. CRITERIA FOR ACCEPTANCE OF nificance to the common defense and secu- venes, it is expected that the veto mes- GIFTS. rity that is in the custody of a licensee or sage on the nuclear waste bill will ar- ‘‘(a) IN GENERAL.—The Commission shall certificate holder or a contractor of a li- rive. Under the rule, when the Senate establish written criteria for determining censee or certificate holder of the Commis- receives the veto message, the Senate whether to accept gifts under section sion; or 161g.(2). ‘‘(iv) any provision of this Act that sub- will immediately begin debate on over- ‘‘(b) CONSIDERATIONS.—The criteria under jects an offender to a fine, imprisonment, or riding the President’s veto. It is hoped subsection (a) shall take into consideration both. that an agreement can be made with whether the acceptance of the gift would ‘‘(3) OTHER AUTHORITY.—The arrest author- regard to debate time on this impor- compromise the integrity of, or the appear- ity conferred by this section is in addition to tant legislation. ance of the integrity of, the Commission or any arrest authority under other law. The cloture motion on the substitute any officer or employee of the Commission.’’. ‘‘(4) GUIDELINES.—The Secretary and the amendment to the marriage penalty (2) CONFORMING AND TECHNICAL AMEND- Commission, with the approval of the Attor- tax bill is still pending. That vote will MENTS.—The table of contents of chapter 14 ney General, shall issue guidelines to imple- of title I of the Atomic Energy Act of 1954 (42 ment section 161k. and this subsection.’’. occur immediately following the adop- U.S.C. prec. 2011) is amended by adding at (b) CONFORMING AND TECHNICAL AMEND- tion of the motion to proceed to the the end the following: MENTS.—The table of contents of chapter 14 victims’ rights resolution. Therefore, a ‘‘Sec. 170C. Criteria for acceptance of of title I of the Atomic Energy Act of 1954 (42 few votes could occur tomorrow after- gifts.’’. U.S.C. prec. 2011) (as amended by section noon or evening. 204(b)(2)) is amended by adding at the end the SEC. 205. CARRYING OF FIREARMS BY LICENSEE f EMPLOYEES. following: (a) IN GENERAL.—Chapter 14 of title I of the ‘‘Sec. 170D. Carrying of firearms.’’. ORDER FOR ADJOURNMENT Atomic Energy Act of 1954 (42 U.S.C. 2201 et SEC. 206. UNAUTHORIZED INTRODUCTION OF Mr. THOMPSON. If there is no fur- seq.) (as amended by section 204(b)) is DANGEROUS WEAPONS. amended— ther business to come before the Sen- Section 229a. of the Atomic Energy Act of ate, I now ask that the Senate stand in (1) in section 161, by striking subsection k. 1954 (42 U.S.C. 2278a(a)) is amended in the and inserting the following: first sentence by inserting ‘‘or subject to the adjournment under the previous order ‘‘(k) authorize to carry a firearm in the licensing authority of the Commission or to following the remarks of Senator DOR- performance of official duties such of its certification by the Commission under this GAN. members, officers, and employees, such of Act or any other Act’’ before the period at The PRESIDING OFFICER. Without the employees of its contractors and sub- the end. objection, it is so ordered. contractors (at any tier) engaged in the pro- SEC. 207. SABOTAGE OF NUCLEAR FACILITIES OR tection of property under the jurisdiction of The Senator from North Dakota is FUEL. recognized. the United States located at facilities owned Section 236a. of the Atomic Energy Act of by or contracted to the United States or 1954 (42 U.S.C. 2284(a)) is amended— f being transported to or from such facilities, (1) in paragraph (2), by striking ‘‘storage ARMS CONTROL and such of the employees of persons li- facility’’ and inserting ‘‘storage, treatment, censed or certified by the Commission (in- or disposal facility’’; Mr. DORGAN. Today, in the Wash- cluding employees of contractors of licensees (2) in paragraph (3)— ington Post, there was a story head- or certificate holders) engaged in the protec- (A) by striking ‘‘such a utilization facil- lined ‘‘U.S. Arms Policy is Criticized at tion of facilities owned or operated by a ity’’ and inserting ‘‘a utilization facility li- Commission licensee or certificate holder the United Nations.’’ The occasion of censed under this Act’’; and the criticism comes at the beginning of that are designated by the Commission or in (B) by striking ‘‘or’’ at the end; the protection of property of significance to the conference to review the status of (3) in paragraph (4)— the Nuclear Non-Proliferation Treaty the common defense and security located at (A) by striking ‘‘facility licensed’’ and in- facilities owned or operated by a Commis- serting ‘‘or nuclear fuel fabrication facility which opened yesterday at the United sion licensee or certificate holder or being licensed or certified’’; and Nations in New York. This conference transported to or from such facilities, as the (B) by striking the period at the end and occurs once every 5 years. It is a con- Commission considers necessary in the inter- inserting ‘‘; or’’; and ference on the status of the Nuclear est of the common defense and security;’’ (4) by adding at the end the following: and Non-Proliferation Treaty. I would like ‘‘(5) any production, utilization, waste to read the first paragraph of the story (2) by adding at the end the following: storage, waste treatment, waste disposal, ‘‘SEC. 170D. CARRYING OF FIREARMS. in the Washington Post because it is uranium enrichment, or nuclear fuel fabrica- really quite a sad day when our coun- ‘‘(a) AUTHORITY TO MAKE ARREST.— tion facility subject to licensing or certifi- ‘‘(1) IN GENERAL.—A person authorized cation under this Act during construction of try is described in the following way: under section 161k. to carry a firearm may, the facility, if the person knows or reason- After years of championing international while in the performance of, and in connec- ably should know that there is a significant attempts to halt the spread of nuclear weap- tion with, official duties, arrest an indi- possibility that the destruction or damage ons, the United States found itself on the de- vidual without a warrant for any offense caused or attempted to be caused could ad- fensive today as a broad alliance of arms against the United States committed in the versely affect public health and safety dur- control advocates, senior United Nations of- presence of the person or for any felony ing the operation of the facility.’’. ficials, and diplomats from nonnuclear coun- under the laws of the United States if the tries charged that Washington is blocking f person has a reasonable ground to believe progress toward disarmament. that the individual has committed or is com- ORDERS FOR WEDNESDAY, APRIL Well, that is not something any of us mitting such a felony. 26, 2000 ‘‘(2) LIMITATION.—An employee of a con- aspires to hear. I hope and I believe tractor or subcontractor or of a Commission Mr. THOMPSON. Mr. President, I ask that many of my colleagues want the licensee or certificate holder (or a contractor unanimous consent that when the Sen- United States to be seen as a leader in of a licensee or certificate holder) authorized ate completes its business today, it ad- trying to stop the spread of nuclear

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2878 CONGRESSIONAL RECORD — SENATE April 25, 2000 weapons and in trying to reduce the missiles, aimed at the United States of nuclear weapons around the world, number of nuclear weapons in this America. This copper wire, before it what on earth is in this country’s in- world. Regrettably, others view the ac- was ground up, used to course through terest? After the Senate failed to ratify tions of the United States—especially this Typhoon submarine. But now I that treaty, those who voted against in the last few years—as actions that have the wire from a Typhoon sub- the treaty blamed everyone but them- are not actions of a leader in trying to marine ground up in a small vial. How selves. That treaty languished in the stop the spread of nuclear weapons. did I get that? Did we sink this sub- committee here in the Senate for over We have made some progress over re- marine? Did we go to war with Russia 2 years without a day of hearings—not cent years in reducing the number of and sink this submarine? No. This was one. Then it was brought to the floor nuclear weapons. I want to describe dismantled, brought up to the port, and on a preemptory basis, given short how because I think it is important to then engineers, carpenters, and others shrift in debate, and killed. understand it. took this apart piece by piece, and this Those who killed that treaty should I ask unanimous consent to show two submarine doesn’t exist anymore. not have taken much pleasure in put- items on the floor of the Senate. This submarine was taken apart as ting this country in the position of The PRESIDING OFFICER. Without part of the Nunn-Lugar program to re- failing to exert leadership with respect objection, it is so ordered. duce delivery systems and nuclear to the nonproliferation of nuclear Mr. DORGAN. Mr. President, this is a weapons in the old Soviet Union and in weapons and the ban on testing nuclear piece of metal that comes from the what we now refer to as Russia. We weapons all around the world. wing strut of a Russian TU–160 Back- have spent $2.5 billion on the Nunn- Last week, the Russian Duma rati- fire bomber. This bomber carried nu- Lugar program. We have actually paid fied START II. Prior to that, the Rus- clear weapons during the height of the for the destruction of Russian bombers. sians passed the Comprehensive Nu- cold war. This bomber was a threat to We have paid for the destruction of clear Test-Ban Treaty. While that is the United States of America. Russian intercontinental ballistic mis- happening, this country is talking How is it that I stand on the floor of siles, 5,000 nuclear warheads, 471 about building a national missile de- the Senate holding a piece of a wing ICBMs, and 354 ICBM silos, 12 ballistic fense system and trying to negotiate strut from a Russian bomber? Did we missile submarines. with Russia changes in the anti- shoot it down? No. It was actually I have had charts on the Senate floor ballistic missile system which in many sawed off the wing. Giant, rotating that show a plot of ground in the ways is the linchpin for all of this metal saws cut the wings off this Ukraine where a missile silo existed progress in arms control and arms re- bomber. Why? Because we negotiated with a nuclear warhead aimed at the duction. an agreement with the Russians to re- United States of America, and now the And what happens? Yesterday at the duce the number of bombers and mis- silo is gone. I have held up a piece of United Nations we have diplomats looking at Russia and saying: You are siles and nuclear warheads in Russia. metal from the hinge of the silo on the making a lot of progress here, Russia. We reduced our stockpile and our deliv- floor of the Senate. That hinge and You have passed the Comprehensive ery mechanisms, and they reduced that missile silo are now scrap metal. Nuclear Test-Ban Treaty. You ratified theirs. So without shooting down a The silo is gone, the missile is gone, that treaty, you passed START II, con- bomber that carried nuclear bombs the warhead doesn’t exist, and there is that threatened America, I now have in gratulations. now a plot of ground with sunflowers. And the United States: You have lost my hand a piece of a wing from a Rus- Where a nuclear missile used to rest, your edge, you are not doing much. sian bomber—because arms control sunflowers now grow. That is progress. You seem to be retreating on the ques- works. We know it works. That is real progress in reducing the tion of whether you care about arms This chart shows what arms control threat of nuclear weapons. control. You seem to be stepping back has done in recent years. In the 1980s What about the future? If this is from your commitment of stopping the we ratified the Intermediate Range Nu- what has happened and this is success, spread of nuclear weapons and working clear Forces Treaty, and in the 1990s what about the future? Well, this suc- as hard as you worked previously to re- we ratified the first Strategic Arms Re- cess occurred under decisions by Con- duce the number of delivery vehicles duction Treaty, or START I. When we gress—not in the last several years, but and reduce the number of nuclear started the process in the mid-1980s, years before that—in which we said: We weapons. the Russians—or then the Soviet are the leaders in arms reduction and I regret that is the case. That should Union—had about 11,000 nuclear weap- arms control. Our country wants to not be the case. It cannot be a judg- ons on long range missiles. Today Rus- provide leadership. We want to reduce ment of conservatives or liberals or sia has about 5,000. That means that the number of warheads, reduce the Democrats or Republicans to believe 6,000 warheads are now gone. Many of number of bombers and missiles, re- that somehow it falls to someone else those warheads were probably carried duce the tensions. And we have done to be a leader in the world to stop the in the Russian Backfire bomber this that. spread of nuclear weapons. Do we piece comes from. So 6,000 warheads no But in the last several years, some- worry that the nuclear club—a rather longer threaten the United States of thing dramatic has changed in the Con- small club in this world consisting of America. gress. No. 1, we saw the Senate defeat nations that possess nuclear weapons— Do you know what that represents— the Comprehensive Nuclear Test Ban do we worry that is going to pro- 6,000 warheads with the kind of Treaty. It was almost unthinkable to liferate, there will be more and more strength and power of the nuclear war- me, but this Senate said: This country nations that possess nuclear weapons, heads the Russians used to build? That doesn’t want to ratify a Comprehensive and more and more nations that have is equal to 175,000 Hiroshima bombs. Nuclear Test Ban Treaty even though the mechanism or the wherewithal to Let me say that again. We have actu- we have already decided that the deliver those nuclear weapons? We ally negotiated the reduction of nu- United States is not going to test nu- should certainly worry about that. clear warheads in the Russian arsenal, clear weapons. We decided that unilat- Even with START II, the U.S. and and 6,000 warheads are gone. Those erally some 6 or 7 years ago. So we are Russia will each have about 3,500 nu- 6,000 warheads represented the equiva- not testing nuclear weapons. A treaty clear weapons. Hopefully we will begin lent of 175,000 atomic bombs dropped on that has been signed by over 150 na- negotiations of START III and agree to Hiroshima. That is quite remarkable. tions, negotiated over many years, much lower levels. As we do that, we This is a small container of ground- ratified by most of our allies, was not have people in this Chamber who want up copper wire. This copper wire used ratified by the Senate because we have to focus not on arms control but on to run through a Russian ballistic mis- Senators who say, no, we don’t think building some kind of a national mis- sile submarine. This type of submarine, that is in the country’s interest. sile defense system, some sort of a a Typhoon class submarine that snaked Well, if it is not in this country’s in- shield to prevent America from being under the waters throughout the world terest to reduce the stockpile of nu- attacked by a rogue nation. carrying 20 missiles, with 10 nuclear clear weapons and to stop the testing We need to understand the only coun- warheads on the tip of each of those of nuclear weapons, stop the spread of try in the world that possesses the

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 25, 2000 CONGRESSIONAL RECORD — SENATE S2879 strength and the nuclear power to de- see other countries joining the nuclear mantle of leadership in this important stroy our way of life is Russia. They club because they will believe they area. still have thousands of nuclear weap- should acquire nuclear weapons to rep- The PRESIDING OFFICER. The Sen- ons. We ought to engage with them in resent their interests. We will see our ator from Alabama. an aggressive START III negotiation allies depart from us on these issues Mr. SESSIONS. I ask unanimous con- and continue the progress of bringing because they believe abrogation of the sent that I be allowed to speak in down the number of nuclear weapons in ABM Treaty is very unwise. morning business for 7 minutes. the two major nuclear superpowers— I think the majority of the American The PRESIDING OFFICER. Without Russia and the United States. We people believe the biggest threat to our objection, it is so ordered. ought to continue that. future is the nuclear threat, the threat f I know we have people here who don’t of a nuclear attack by an ever-increas- THE NUCLEAR WASTE BILL sleep at night because they are worried ing number of countries who acquire that North Korea might threaten a nuclear weapons. Mr. SESSIONS. Mr. President, I un- small slice of the United States. But We know what works. Arms control derstand at this time the President is they should realize that, No. 1 A na- works, negotiation works, destroying considering vetoing the nuclear waste tional missile defense, if deployed, will another superpower’s bombers through bill that passed here by a substantial be horribly costly. No. 2, it will not negotiation by sawing off the wings, majority. That is very troubling to me. protect this country against this kind dismantling submarines that carry nu- It is time for us to dispose of nuclear of a threat. Those people say to the clear weapons: we know that works. It waste. We have the capability. The American people that Congress will is far better to do that than to engage citizens of America, through their elec- fund a national missile defense pro- in the horror of a nuclear war from tric bills, have paid billions of dollars gram to defend against a rogue na- which this world will not, in my judg- to build this waste disposal area out in tion—North Korea, they suggest, Iraq ment, survive. the Nevada desert to place this nuclear or Iran. The fact is, the least likely Think for a moment about the devas- waste—which is not explosive. It is threat that a rogue nation would have tation visited upon Nagasaki and Hiro- simply radioactive and it is placed in access to is an intercontinental bal- shima and go back to what I discussed the right kind of containers and will be listic missile. If it acquires access to a earlier—the reduction in 6,000 nuclear placed in the ground of the desert of nuclear weapon, it is far more likely to warheads that has been negotiated and Nevada where we exploded 1,000 bombs deploy it as a suitcase bomb put in the accomplished. That is just the first on top of the ground in developing our trunk of a rusty Yugo car at a dock in step, a big step, but just the first step. nuclear bombing capability. But every New York City, rather than putting it It represents the reduction in nuclear nuclear electric-generating plant in on the tip of an intercontinental bal- warheads equivalent to 175,000 bombs America produces some waste. That listic missile and having any notion of the size of the bomb that was dropped waste is being stored on site. We agreed being able to fire it with accuracy. on Hiroshima. some years ago to create this fund and It is much more likely they would ac- The reason I come to the floor at the to store this waste. Now, every time we quire a cruise missile, which would be end of the day is simply to say we come to this Senate, every time this easier to acquire, much less costly, and ought not take any pride as a country debate comes up for a vote, a majority not as technically difficult to deploy. in seeing an article in the press of the votes for it and the President ends up Of course, the national missile defense United States suggesting somehow we vetoing it and we fall just short of the system wouldn’t do anything to defend have lost our will to lead on this issue. number of votes to override that veto. against that. It is much more likely a We can come to the floor and debate Through an unusual number of cir- rogue nation would find it more attrac- 100 things in 100 days. Some of them cumstances, I have become somewhat tive to use a deadly vial of chemical or are big; some of them are small. None familiar with the concerns involving biological agents to threaten a super- are more important, in my judgment, energy and nuclear power in America. I power. than addressing the issue of the spread formed a very clear opinion of what we We face a myriad of threats. There is of nuclear weapons. Just because we have to do if we are going to meet the no question about that. The biggest have people now serving in Congress demands for power and the demand to threat, in my judgment, is this country who have an unending appetite to keep clean up the atmosphere. The Kyoto stepping away from its responsibility building new weapons, an unending ap- treaty, which the President signed and to lead and stop the spread of nuclear petite to spend more money on new the Vice President supported, the exec- weapons around the world, and this weapons, does not mean those who be- utive branch made an amazing agree- country stepping away from its respon- lieve in arms control and believe real ment that we would reduce our green- sibility to decrease the number of nu- progress in arms control will make this house gas emissions by 7 percent from clear weapons and decrease the launch- a safer world in which to live, should 1990 levels by 2012 or 2010—the exact ers and delivery systems for those nu- step aside and say: Yes, you win; go year escapes me. clear weapons. build your weapons. Since that time, our demand for en- My fervent hope is that we will agree We ought not do that, but we ought ergy has increased. Since 1990, our that last year’s vote by which the Sen- to wage the fight for a safer world by emissions of greenhouse gases have in- ate defeated ratification of the Com- having this country exhibit the leader- creased by 8 percent. By the year 2012, prehensive Nuclear Test-Ban Treaty ship it needs to exhibit, that it should if we were to comply with the agree- should not signal to anyone in the responsibly exhibit, for the safety of all ment the President tried to commit us world that this country is no longer in- the people who live in this world. to, we would have to reduce, from this terested in these issues. We must de- I will have more to say about this day, 15 percent of our greenhouse gas cide again, even though there is not an subject at another time. But on the eve emissions when we know our demands appetite by some in the Senate to do of the meeting of the NPT Review Con- for energy are going to increase be- so, we must decide again that leader- ference in New York, I wanted to talk tween now and 2010. This is a box we ship in arms control is this country’s about these issues. I want to say that cannot get out of; not under present responsibility. It is upon our shoulders some in Congress believe very strongly plans. that this responsibility falls. No one and feel very deeply the future of our There was a marvelous 2-hour show else can exert this leadership with the children and grandchildren and the fu- on Sunday night on public television’s capability of the United States. ture of this country rests on those who ‘‘Frontline’’ on greenhouse gases and If we don’t exert leadership, what we believe in arms control prevailing in the potential of global warming. They will end up building new nuclear weap- this Senate, despite the recent events, went over all the issues at that time. I ons, building new defensive systems. despite the debate we have heard in the think it was tilted slightly more than We will start a new arms race. We will last couple of years. This issue is not the science indicates that we are in a see more spending on nuclear weapons over. Those of us who believe as I do period of global warming, but it does by China. We will see more spending on are not going to go away. We hope this appear we may be. We need to be think- offensive weapons by Russia. We will country will assume some sensible ing about that. But the scientists and

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 4637 Sfmt 0634 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2880 CONGRESSIONAL RECORD — SENATE April 25, 2000 experts I have talked with say we can- we move to a cleaner energy source, LEWIS FISHER, JR., 0000 ERIC A. BAUER, 0000 not meet those goals without nuclear natural gas is it. But the Vice Presi- KEIRSTEN E. CURRENT, 0000 power. dent, who opposes nuclear power, now DARCIE A. GAARE, 0000 VICTOR S. MARSH, 0000 Mr. President, 20 percent of the elec- is opposing drilling for natural gas in DENNIS C. MILLER, 0000 tricity in this country is produced by the Gulf of Mexico. That he explicitly BERNARD J. SANDY, 0000 ROBERT J. CAMPBELL, 0000 nuclear power, but we have not ap- stated during his campaign in New JOSEPH M. ZWACK, 0000 proved a new plant since the 1970s. Hampshire. In fact, he said he would PATRICIA T. MITROWSKI, 0000 CRAIG A. WYATT, 0000 France has over 60 percent—soon to be consider rolling back the leases that LUCINDA J. BOOKHAMMER, 0000 80 percent—of its power generated by have already been issued. So this is a CHRISTOPHER B. RANDOLPH, 0000 JESSE L. STEVENSON, 0000 nuclear power. Japan also has a large dangerous time for us. MARILYNN J. NOBLE, 0000 percentage generated by it. In the I hope we are not moving to make DANA B. TYNDALE, 0000 STACEY MERSEL, 0000 United States, we have never lost a life unwise decisions that would, in effect, JOSE A. QUINONESQUINTANA, 0000 as a result of nuclear power. Nuclear result in the drying up of our supply of STEFANIE A. BARLIS, 0000 YVONNE E. NIENHUIS, 0000 power produces, as you know, no pollu- energy and raising the price of energy AMY M. BEACH, 0000 tion for the atmosphere—zero. Huge for every American and having that SCOTT L. JOHNSON, 0000 DAVID C. WELCH, 0000 amounts—20 percent—of our electric money go overseas to foreign nations. TROY L. SHAFFER, 0000 power is produced by nuclear power We need to produce more nuclear LOUIE C. PARKS, JR., 0000 BRIAN L. MELVIN, 0000 with no emissions out there. power. I will be talking more about ANNE J. ODEGAARD, 0000 We have a crisis in our energy policy that in the future. MICHAEL P. GROSS, 0000 ROXANNE TAMEZ, 0000 with regard to fuel oil and our domes- My plea is to the President: Do not RICHARD D. MOLLOY, 0000 tic production since 1992, when this ad- veto this bill. Let’s keep America as a ALFORD L. DANZY, 0000 JEROME SURLES, 0000 ministration took office. The reason I strong nuclear-powered country. CARI M. FIELD, 0000 am talking about that is I believe there JASON M. KRAJEWSKI, 0000 f SEAN M. KELLY, 0000 is a no-growth, antienergy policy that DANA M. CASWELL, 0000 is made a part of our American policy ADJOURNMENT UNTIL 10 A.M. JOHN B. HALL, 0000 TOMORROW DOMINIQUE T. SAMONTE, 0000 under the Clinton-Gore administration. ROBERT D. MUTTO, 0000 They do not believe in production of The PRESIDING OFFICER. The Sen- ERIK J. JENSEN, 0000 KEVIN C. ULLRICH, 0000 greater amounts of energy. We have re- ate, under the previous order, stands FELIX E. DELGADO, 0000 duced our domestic production of oil by adjourned until 10 a.m. Wednesday, JOHN F. BARRESI, 0000 17 percent since 1992. Yet our demand April 26, 2000. To be lieutenant (junior grade) for oil and gasoline has increased 14 Thereupon, the Senate, at 6:19 p.m, BRUCE C. BROWN, 0000 percent. That is a shocking figure. adjourned until Wednesday, April 26, SIMONE S. BRISCO, 0000 CHRISTOPHER T. ONEIL, 0000 That is why we are so much more de- 2000, at 10 a.m. TYRONE L. JONES, JR., 0000 pendent on the Middle East, OPEC, for ROBERT L. HELTON, 0000 f ROBYN A. SHAVERS, 0000 oil and gas. That is why they are able KEELI S. DARST, 0000 to demand higher prices. Maybe the gas NOMINATIONS SCOTT A. KLINKE, 0000 CAROLYN M. BEATTY, 0000 companies added a few cents on a gal- Executive nominations received by DAVID M. WEBB, 0000 lon, but almost all of that was a direct ROSEMARY P. FIRESTINE, 0000 the Senate April 25, 2000: THERESA A. MORVAY, 0000 result of their demand for oil from the DEPARTMENT OF STATE JOSEPH T. MC GILLEY, 0000 Middle East and Venezuela and the SUSAN M. MAITRE, 0000 BRIAN DEAN CURRAN, OF FLORIDA, A CAREER MEMBER LAURA E. KING, 0000 OPEC nations, and we virtually pay OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- JENNIFER S. FALACY, 0000 double for it. COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND MAGGIE A. MC GOWAN, 0000 PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA KENNETH J. WASHINGTON, 0000 What that means is if your gasoline TO THE REPUBLIC OF HAITI. CRAIG M. JARAMILLO, 0000 has gone up from $1 to $1.45 at the gas SHARON P. WILKINSON, OF NEW YORK, A CAREER MEM- BRUCE K. WALKER, 0000 BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- FRANK J. FERRITTO, 0000 pump, that extra 45 cents is going out- ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- DANIEL H. LYNAM, 0000 side of America to one of these OPEC DINARY AND PLENIPOTENTIARY OF THE UNITED STATES MICHAEL J. DAPONTE, 0000 OF AMERICA TO THE REPUBLIC OF MOZAMBIQUE. THOMAS L. BOYLES, 0000 nations. It is a drain on the wealth of GEORGE A. RUWISCH, 0000 CORPORATION FOR NATIONAL AND COMMUNITY this country, and I submit it does sug- STEPHEN A. LOVE, 0000 SERVICE JOSEPH R. BOWES III, 0000 gest it could threaten the economic PAMELA D. HOCKADAY, 0000 prosperity we are enjoying today. MARK D. GEARAN, OF MASSACHUSETTS, TO BE A MEM- RYAN D. ALLAIN, 0000 BER OF THE BOARD OF DIRECTORS OF THE CORPORA- KENDALL L. SANDERSON, 0000 How can we meet our environmental TION FOR NATIONAL AND COMMUNITY SERVICE FOR A JOHN P. DEBOK, 0000 goals? How can we do that without TERM OF TWO YEARS. (NEW POSITION) SCOTT T. HIGMAN, 0000 THE JUDICIARY TINA L. URBAN, 0000 thinking broadly about what is occur- JOSE A. PENA, 0000 ring? We heard recently the Vice Presi- LINDA B. RIEGLE, OF NEVADA, TO BE UNITED STATES ANGELA L. COOPER, 0000 DISTRICT JUDGE FOR THE DISTRICT OF NEVADA VICE LAMONT S. BAZEMORE, 0000 dent saying, with regard to nuclear JOHNNIE B. RAWLINSON, ELEVATED. VIVIANNE W. LOUIE, 0000 power, that he does not support an in- LAURA TAYLOR SWAIN, OF NEW YORK, TO BE UNITED TARA D. PETTIT, 0000 STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT JASON B. FLENNOY, 0000 creased reliance on nuclear power for OF NEW YORK VICE THOMAS P. GRIESA, RETIRED. KATHLEEN A. MOSKAL, 0000 electricity generation. He does not sup- CHANCE C. GREEN, 0000 DEPARTMENT OF JUSTICE port an increased reliance on nuclear CASSANDRA A. WALBERT, 0000 DANIEL G. WEBBER, JR., OF OKLAHOMA, TO BE UNITED COLLEEN M. OBRIEN, 0000 power for electricity generation, but he STATES ATTORNEY FOR THE WESTERN DISTRICT OF JOHN A. NATALE, 0000 would keep open the option of reli- OKLAHOMA, VICE PATRICK M. RYAN, RESIGNED. LISA M. HOULIHAN, 0000 JOSE ANTONIO PEREZ, OF CALIFORNIA, TO BE UNITED MICHELE A. WOODRUFF, 0000 censing existing nuclear plants. I think STATES MARSHAL FOR THE CENTRAL DISTRICT OF CALI- ROBERT W. MITCHUM, 0000 that is a stunning statement. That is a FORNIA FOR THE TERM OF FOUR YEARS VICE MICHAEL MARK M. DRIVER, 0000 R. RAMON, RESIGNED. SUZANNE M. MC NALLY, 0000 no-growth policy. We are going to limit RUSSELL JOHN QUALLIOTINE, OF NEW YORK, TO BE BRIAN E. MOORE, 0000 greenhouse emissions but we are not UNITED STATES MARSHAL FOR THE SOUTHERN DIS- CHRISTOPHER L. BOES, 0000 TRICT OF NEW YORK FOR THE TERM OF FOUR YEARS, GREG J. METE, 0000 going to allow any increase in nuclear VICE MARTIN JAMES BURKE. LANCE J. MAYFIELD, 0000 ROCKLYN L. MC NAIR, 0000 power. IN THE COAST GUARD DAVID P. SANDAHL, 0000 Another one of his stunning pro- KEITH D. RAUCH, JR., 0000 posals is to not drill any further for THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LISA H. DEGROOT, 0000 TO THE GRADE INDICATED IN THE UNITED STATES WILLIAM M. NUNES, 0000 natural gas in the deep Gulf of Mexico. COAST GUARD UNDER TITLE 14, U.S.C., SECTION 211: KELLEY R. NICHOLSON, 0000 There are great reserves of natural gas To be lieutenant PAUL D. MURPHY, 0000 STEPHEN M. SNYDER, 0000 there. Natural gas, even if it breaks JEFFREY D. KOTSON, 0000 DANNY G. SHAW, 0000 out of our pipeline, does not pollute as SEAN P. GILL, 0000 KIM DONADIO, 0000 CHRISTOPHER S. KEANE, 0000 KENNETH VAZQUEZ, 0000 does oil. It is not sticky. It evaporates. CHRISTINE N. CUTTER, 0000 MARK A. BOTTIGLIERI, 0000 It is not a real dangerous pollutant. RICHARD R. BEYER, 0000 JOHN E. HALLMAN, 0000 ANDREW J. NORRIS, 0000 CLINTON S. CARLSON, 0000 And when it burns, it is the most effi- SANDRA K. SELMAN, 0000 TED C. MERCHANT, 0000 cient burning of all fossil fuels and pro- RACHEL E. CANTY, 0000 MARK J. SHEPARD, 0000 MARK W. SKOLNICKI, 0000 JEFF M. APARICIO, 0000 duces the least amount of pollution. If KENNETH D. DAHLIN, 0000 ROBERTO H. TORRES, 0000

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YANG C. JONAS, 0000 KAREN L. AGRES, 0000. ROBERT E. BENNING, 0000 BRIAN S. SANTOS, 0000 PATRICK A. AHLGRIMM, 0000. LAYNE D. BENNION, 0000 THEODORE Q. LAM, 0000 GREGORY C. AHLQUIST, 0000. JAMES M. BENSON, 0000 PAUL W. TURNER, 0000 PATRICK N. AHMANN, 0000. RALPH E. BENTLEY, 0000 JAMES B. RUSH, 0000 VAROZ JOSEPH J. AIGNER, 0000. SCOTT I. BENZA, 0000 LESLIE M. BRUNNSCHWEILER, 0000 PATRICIA L. AKEN, 0000. JEFFREY C. BERGDOLT, 0000 LAKISHA T. PRESSLEY, 0000 WILLARD B. AKINS II, 0000. KURT A. BERGO, 0000 JERVASE A. EPPS, 0000 ERNEST F. ALBRITTON, JR., 0000. JON M. BERGSTROM, 0000 CEFERINO W. MANANDIC, 0000 ALEJANDRO J. ALEMAN, 0000. *GEORGE B. BERIG, 0000 JASON E. SMITH, 0000 JEFFREY S. ALEXANDER, 0000. PATRICK E. BERTZ, 0000 DANIEL J. FITZGERALD, 0000 TERRY D. ALEXANDER, 0000. DANIEL J. BESSMER, 0000 SCOTT W. MULLER, 0000 *JAMIE D. ALLEN, 0000. CYR LINDA K. BETHKE, 0000 *LISA C. ALLEN, 0000. CORNELIUS BETZ III, 0000 To be ensign MARK E. ALLEN, 0000. SHAWN B. BEVANS, 0000 MARK S. ALLEN, 0000. BRUCE A. BEYERLY, 0000 KIMBERLY ORR, 0000 ROBERT S. ALLEN, 0000. CRAIG ALAN C. BIAS, 0000 IN THE AIR FORCE YOLANDA B. ALLEN, 0000. BRENT D. BIGGER, 0000 THOMAS P. ALLISON, 0000. TIMOTHY J. BILTZ, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOEL O. ALMOSARA, 0000. GREGORY A. BINGHAM, 0000 TO THE RESERVE OF THE AIR FORCE TO THE GRADE IN- JOHN M. ALSPAUGH, 0000. *CRAIG S. BIONDO, 0000 DICATED UNDER TITLE 10, U.S.C., SECTION 12203: JOHN S. ALSUP, 0000. *DAVID R. BIRCH, 0000 THOMAS L. ALTO, 0000. BRYAN P. BIRCHEM, 0000 To be brigadier general *CHRISTOPHER J. ALUOTTO, 0000. DANIEL A. BIRKLE, 0000 COL. ROBERT E. LYTLE, 0000 DONATELLA D. ALVARADO, 0000. TRACEY L. BIRRI, 0000 RICHARD C. AMBURN, 0000. *STEVEN T. BISHOP, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT STEVEN J. AMENT, 0000. TIMOTHY G. BISHOP, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- KATHLEEN F. AMPONIN, 0000. DEREK H. BISSINGER, 0000 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE *CURTIS R. ANDERSEN, 0000. CADE D. BLACK, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION WILLIAM D. ANDERSEN, 0000. KIMBERLY A. BLACK, 0000 601: BYRON B. ANDERSON, 0000. MARK L. BLACK, 0000 CHRISTINA M. ANDERSON, 0000. CHRISTOPHER A. BLACKWELL, 0000 To be lieutenant general GREGORY D. ANDERSON, 0000. *DAVID S. BLADES, 0000 LT. GEN. DONALD G. COOK, 0000 JOHN H. ANDERSON III, 0000. DOUGLAS C. BLAKE, 0000 MICHAEL D. ANDERSON, 0000. PATRICIA C. BLAKE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PAUL K. ANDERSON, 0000. CHARLES I. BLANK III, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ROGER K. ANDERSON, 0000. ALEXANDER J. BLANTON, 0000 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE *TIMOTHY D. ANDERSON, 0000. DAVID P. BLAZEK, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION STEPHEN L. ANDREASEN, 0000. RICHARD T. BLECHER, 0000 601: KEITH E. ANDREWS, 0000. GARRY M. BLOOD, 0000 DAVID R. ANDRUS, 0000. DANIEL S. BLUE, 0000 To be lieutenant general JOSEPH F. ANGEL, 0000. *CHRISTOPHER J. BLUM, 0000 LT. GEN. ROGER G. DE KOK, 0000 RICHARD A. ANSTETT, 0000. MORRIS C. BLUMENTHAL, 0000 REBECCA J. APPERT, 0000. ROBERT M. BLYTHE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PAUL W. ARBIZZANI, 0000. MATTHEW J. BOBB, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- PAUL A. ARCHULETTA, 0000. RANDY R. BODIFORD, 0000 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE ANDREW P. ARMACOST, 0000. DOUGLAS P. BODINE, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION ERIC L. ARMSTRONG, 0000. KEVIN L. BOERMA, 0000 601: RUSSELL K. ARMSTRONG, 0000. GREGORY A. BOERWINKLE, 0000 DAVID C. ARNOLD, 0000. ELIZABETH S. BOGDAN, 0000 To be lieutenant general MARK ARREDONDO, 0000. JERRY BOGERT, 0000 MAJ. GEN. ROBERT C. HINSON, 0000 BRUCE A. ARRINGTON, 0000. JAMES M. BOGUSLAWSKI, 0000 CHRISTOPHER B. ASHBY, 0000. RICHARD E. BOLTON, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GERALD F. ASHBY, 0000. ANTHONY F. BOND, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- KAREN J. ASHLEY, 0000. MICHAEL H. BOND, 0000 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE *MARGARETE P. ASHMORE, 0000. ROBERT J. BONNEAU, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION JOHN R. ASKREN, 0000. MALCOLM A. BONNER, JR., 0000 601: RUDOLPH E. ATALLAH, 0000. JAMES I. BOOTH, 0000 CHRISTOPHER B. ATHEARN, 0000. ROBERT T. BOQUIST, 0000 To be lieutenant general ROBIN D. ATHEY, 0000. DAVID J. BORBELY, 0000 MAJ. GEN. JOHN D. HOPPER, JR., 0000 CHRISTOPHER L. ATTEBERRY, 0000. LINDSEY J. BORG, 0000 LAWRENCE F. AUDET, JR., 0000 MICHAEL F. BORGERT, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIAN K. AUGSBURGER, 0000 MAUREEN E. BORGIA, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- MARK C. AUSTELL, 0000 * ROBERT ALLAN BORICH, JR., 0000 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE CHRISTINA A. AUSTINSMITH, 0000 KENNETH J. BOSCHERT, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION RICHARD J. AUTHIER, JR., 0000 JOHN L. BOSWORTH II, 0000 601: ROBERT M. BABB, 0000 TODD K. BOULWARE, 0000 *DOYLE R. BABE, 0000 JAMES BOURASSA, 0000 To be general SCOTT E. BABOS, 0000 JESSE BOURQUE, JR., 0000 LT. GEN. HAL M. HORNBURG, 0000 MICHAEL J. BABYAK, 0000 ROBERT D. BOWIE, 0000 VALORIE L. BAGGENSTOSS, 0000 RANDELL P. BOWLING, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AMANDA B. BAILEY, 0000 KATHLEEN M.W. BOYD, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- LEEMON C. BAIRD III, 0000 SCOTT E. BOYD, 0000 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE MARK A. BAIRD, 0000 ROBERT C. BOYLES, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION RALPH T. BAKER, 0000 ANDREW R. BRABSON, 0000 601: ROBERT A. BAL, 0000 * CONSTANCE J. BRADLEY, 0000 DAVID D. BALDESSARI, 0000 SCOTT W. BRADLEY, 0000 To be lieutenant general REECE S. BALDWIN, 0000 JUAQUIN D. BRADSHAW, 0000 MAJ. GEN. JOSEPH H. WEHRLE, JR., 0000 DOUGLAS A. BALLINGER, 0000 ERIC P. BRAGANCA, 0000 SCOTT J. BALSITIS, 0000 * CARY L. BRAGG, 0000 IN THE ARMY KEVIN E. BANNISTER, 0000 DEBORAH J. BRANCH, 0000 ANTHONY E. BARBARISI, 0000 JAMES A. BRANDENBURG II, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TINA M. BARBERMATTHEW, 0000 JOHN A. BRANIN, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED TIMOTHY D. BARCLAY, 0000 STEPHEN K. BRANNAN, 0000 UNDER TITLE 10, U.S.C., SECTION 624: DIETER E. BAREIHS, 0000 HELEN L. BRASHER, 0000 To be brigadier general KENNETH A. BARKER, 0000 WILLIAM A. BRAUN, 0000 KEVIN D. BARKER, 0000 NORMITA C. BRAVO, 0000 COL. JOHN C. SCROGGINS, 0000 DAVID J. BARNES, 0000 HYPOLITE F. BREARD III, 0000 IN THE MARINE CORPS DAVID W. BARNES, 0000 JAMES E. BRECK, JR., 0000 JACQUELINE K. BARNES, 0000 BRAD A. BREDENKAMP, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES W. BARROW, 0000 PAUL L. BREDHOLT, 0000 IN THE UNITED STATES MARINE CORPS RESERVE TO THE BRUCE C. BARTHOLOMEW, 0000 PETER G. BREED, 0000 GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: CATHY J. BARTHOLOMEW, 0000 PATRICK D. BRENNAN, 0000 ALLEN J. BARTON, 0000 MICHAEL F. BRIDGES, 0000 To be brigadier general RANDALL G. BASS, 0000 PATRICIA ANN BRIDGES, 0000 COL. ANDREW B. DAVIS, 0000 PETER D. BASTIEN, 0000 LORING G. BRIDGEWATER, 0000 COL. HAROLD J. FRUCHTNICHT, 0000 ANDREW H. BATTEN, 0000 WILLIAM L. BRIGMAN, 0000 MICHAEL J. BAUER, 0000 GREGORY S. BRINSFIELD, 0000 IN THE AIR FORCE *MICHELE A. BAXTER, 0000 RONALD E. BRODEN, 0000 DAVID J. BAYLOR, 0000 DALLAS S. BROOKS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHARLES E. BEAM, 0000 TODD M. BROST, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR JOHN D. BEAN, 0000 DAWN M. BROTHERTON, 0000 FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED BARRY D. BEAVERS, 0000 JOHN F. BROWER, 0000 BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS MATTHEW J. BECKAGE, 0000 BRUCE E. BROWN, JR., 0000 624 AND 531: BRIAN R. BEERS, 0000 GREGORY K. BROWN, 0000 To be major MICHAEL D. BEESON, 0000 KEVIN W. BROWN, 0000 PAUL R. BEGANSKY II, 0000 MICHAEL S. BROWN, 0000 DAVID C. ABRUZZI, 0000. PAUL R. BEINEKE, 0000 RAY S. BROWN, 0000 *ROBERTO ACOSTA, 0000. ROSE M. BELL, 0000 SHERRY A. BROWN, 0000 ANTHONY J. ADAMO, 0000. *RUBEN L. BELL, 0000 * STEVEN P. BROWN, 0000 DANA M. ADAMS, 0000. WAYNE E. BELL, 0000 TIMOTHY P. BROWN, 0000 LUTHER M. ADAMS, 0000. EUGENE R. BELMAIN II, 0000 KENNETH J. BROWNELL, 0000 RICHARD J. ADAMS, 0000. DAVID B. BELZ, 0000 JOHN F. BROWNFIELD III, 0000 THOMAS L. ADAMS, 0000. DANIEL W. BENEDICT, 0000 RICHARD A. BRUCE, 0000 RONALD E. ADAMSON, 0000. JEFFREY B. BENESH, 0000 ROBERT J. BRUCKNER, 0000 WALLACE L. ADDISON, 0000. GREGORY N. BENNETT, 0000 JERRY P. BRUMFIELD, 0000 RUSSELL G. ADELGREN, 0000. JAMES E. BENNETT, JR., 0000 DAVID F. BRUMMITT, 0000 *GREGORY S. AGNES, 0000. MATTHEW A. BENNETT, 0000 DALE S. BRUNER, 0000

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CHRISTOPHER J. BRUNNER, 0000 * RONALD E. CLEAVES, 0000 HARRY A. DAVIS, JR., 0000 ROBERT P. BUBELLO, 0000 ARDYCE M. CLEMENTS, 0000 JOHN E. DAVIS, 0000 ROBERT B. BUCHANAN, 0000 PATRICK G. CLEMENTS, 0000 KRISTI J. DAVIS, 0000 CAMERON E. BUCHHOLTZ, 0000 RODNEY L. CLEMENTS, 0000 *SCOTT A. DAVIS, 0000 PAUL A. BUGENSKE, 0000 CHAD M. CLIFTON, 0000 STEPHEN L. DAVIS, 0000 DAVID J. BUKOVEY, 0000 TERENCE P. CLINE, 0000 STEPHEN M. DAVIS, 0000 KIMBERLY F. BULLOCK, 0000 DAVID L. CLOE, 0000 THEODORE L. DAVIS, JR., 0000 DEBORAH L. BUNCH, 0000 KIMBERLY L. CLOW, 0000 JAMES C. DAWKINS, JR., 0000 KIRK P. BUNCH, 0000 KEVIN J. CLOWARD, 0000 ALLAN E. DAY, 0000 JEFFREY B. BURCHFIELD, 0000 PAULA C. CLUTTER, 0000 JERI L. DAY, 0000 ROBERT G. BURGESS, 0000 ROBERT M. COCKRELL, 0000 LA CRUZ MARTINEZ GERARDO DE, 0000 PATRICK C. BURKE, 0000 ELIZABETH J. CODDINGTON, 0000 DARRELL S. DEARMAN, 0000 RAY S. BURKE, 0000 THOMAS C. COGLITORE, 0000 ROD A. DEAS, 0000 MAHLON M. BURKET, 0000 WILLIAM M. COKER, 0000 MARK O. DEBENPORT, 0000 TODD M. BURKHARDT, 0000 DARIN V. COLARUSSO, 0000 JEFFREY A. DEBOER, 0000 * JAMES J. BURKS, 0000 JOHN COLLEY, 0000 MICHAEL E. DEBRECZENI, 0000 * RUSSELL W. BURLEY, 0000 JOYCE L. COLLINS, 0000 JEFFREY W. DECKER, 0000 CHRISTOPHER J. BURNS, 0000 WENDELL L. COLLINS, 0000 LAURY E. DECKER, 0000 SCOTT D. BURNSIDE, 0000 MARK E. COLUZZI, 0000 CHARLES E. DECKETT, 0000 MICHAEL BURSEY, 0000 MARY E. COLYER, 0000 MICHAEL E. DEE, 0000 STEVEN B. BURTON, 0000 CHRISTOPHER A. COMEAU, 0000 BRENTLY G. DEEN, 0000 CHARLES K. BUSCH, 0000 JUAN T. COMMON, 0000 DARIN A. DEFENDORF, 0000 TIMOTHY W. BUTCHER, 0000 RONALD L. COMOGLIO, 0000 JOSEPH L. DEGRANDE, 0000 CHRISTOPHER S. BUTLER, 0000 EDWARD C. COMPERRY, 0000 HARVEY T. DEGROOT, 0000 DONALD E. BUTLER, 0000 BRIAN D. CONANT, 0000 DENNIS L. DEITNER, 0000 RUDOLPH E. BUTLER III, 0000 STEPHEN R. CONKLING, 0000 PETER J. DEITSCHEL, 0000 * ERIC J. BUTTERBAUGH, 0000 MATTHEW D. CONLAN, 0000 MARLA J. DEJONG, 0000 BRADLEY J. BUXTON, 0000 BRIAN D. CONLEY, 0000 JOHN M. DELAPP, JR., 0000 TODD C. BYNUM, 0000 MICHAEL J. CONLEY, 0000 ROSLYN E. DELGADO, 0000 PHILIP M. BYRD, 0000 ROFTIEL CONSTANTINE, 0000 TONY J. DELIBERATO, 0000 * HENRY CABRERA, 0000 RICHARD S. CONTE, 0000 JOSEPH R. DELICH, 0000 FREDERICK B. CADE, 0000 DAYNE G. COOK, 0000 CALVIN J. DELP, 0000 SEANN J. CAHILL, 0000 MICHAEL E. COOK, 0000 MILES A. DEMAYO, 0000 ROBERT E.J. CALEY, 0000 SCOTT P. COOK, 0000 MICHAELA A. DEMBOSKI, 0000 GREGORY B. CALHOUN, 0000 TIMOTHY L. COOK, 0000 FRANKLIN L. DEMENT, 0000 * YUVETTE V. CALHOUN, 0000 DAVID L. COOL, 0000 *ANDRE R. DEMPSEY, 0000 DIANE L. CALIMLIM, 0000 DOUGLAS E. COOL, 0000 JAMES E. DENBOW, 0000 DANIEL J. CALLAHAN, 0000 WILLIAM R. COOLEY, 0000 TIMOTHY J. DENIS, 0000 ROBERT W. CALLAHAN, 0000 FRANK M. COOPER, JR., 0000 JAMES R. DENKERT II, 0000 ITALO A. CALVARESI, 0000 DAVID J. COPPLER, 0000 LEANN K. DERBY, 0000 DAVID C. CAMPASSI, 0000 THEODORE A. CORALLO, 0000 ERIC L. DERNOVISH, 0000 JAMES C. CAMPBELL II, 0000 EDWARD R. CORCORAN, 0000 *STEVEN P. DESORDI, 0000 * MARK D. CAMPBELL, 0000 * ANNETTE S. CORMIER, 0000 CHRISTOPHER M. DEVAUGHN, 0000 STEVEN M. CAMPBELL, 0000 MATTHEW J. CORNELL, 0000 ROBERT J. DIANTONIO, 0000 MICHAEL O. CANNON, 0000 SEAN C. CORNFORTH, 0000 *MARK D. DIAS, 0000 KENNETH E. CANTERBURY, 0000 *DAVID A. CORRELL, 0000 ROBERT L. DIAS, 0000 JAMES M. CANTRELL, 0000 DEREK F. COSSEY, 0000 RODNEY L. DICKERSON, 0000 ALEJANDRO R. CANTU, 0000 MICHAEL J. COSTELLO, 0000 PAUL B. DIDOMENICO, 0000 BARRON D. CANTY, 0000 JAMES A. COSTEY, 0000 ROBIN W. DIEL, 0000 ROBERT J. CAPOZZELLA, 0000 MICHAEL J. COUBROUGH, 0000 JOHN R. DIERCKS, 0000 EDWARD J. CARDENAS, 0000 BRIAN S. COULTRIP, 0000 *GRETCHEN S. DIETRICH, 0000 MARGARET M. CAREY, 0000 PAUL E. COURTNEY, 0000 *MICHAEL D. DIETZ, 0000 CHRISTOPHER A. CARLSEN, 0000 DANIEL J. COURTOIS, 0000 *BOBBY R. DILLON, 0000 DANN S. CARLSON, 0000 DEAN KAREN L. COX, 0000 ANTHONY V. DIMARCO, 0000 ERIC N. CARLSON, 0000 DEXTER R. COX, JR., 0000 PERCY A. DINGLE, 0000 ERIK R. CARLSON, 0000 DOUGLAS A. COX, 0000 JOHN P. DITTER, 0000 KARN L. CARLSON, 0000 JEFFERY M. COX, 0000 DUANE W. DIVELY, 0000 RUSSELL L. CARLSON, 0000 JODY D. COX, 0000 CRAIG N. DIVICH, 0000 ALEXANDER E. CAROTHERS, 0000 MATTHEW D. COX, 0000 *JON J. DIX, 0000 ROBERT A. CARPENTER, 0000 RICKY D. COX, 0000 ANGELA M. DIXON, 0000 CHRISTOPHER F. CARPER, 0000 KEVIN M. COYNE, 0000 NORMAN K. DODDERER, 0000 VINCENT M. CARR, JR., 0000 WILLIAM J. CRAIG, 0000 DAVID W. DODGE, 0000 KURT J. CARRAWAY, 0000 KENNETH S. CRANE, 0000 *TIMOTHY C. DODGE, 0000 JAY A. CARROLL, 0000 KATHLEEN B. CRAVER, 0000 DAVID M. DOE, 0000 * MATTHEW D. CARROLL, 0000 DAVID M. CREAN, 0000 RICHARD A. DOLLESIN, 0000 AURELIA C. CARROLVERSON, 0000 BRIAN L. CREASY, 0000 STEPHEN K. DONALDSON, 0000 DAVID J. CARTER, 0000 JAMES A. CREWS, 0000 CRAIG M. DONNELLY, 0000 TERRY H. CARTER, 0000 ANDREW A. CROFT, 0000 PAUL B. DONOVAN, 0000 TIM R. CARTER, 0000 GIA C. CROMER, 0000 JAMES L. DOROUGH, JR., 0000 JAVIER R. CASANOVA, 0000 CHRISTOPHER S. CRONK, 0000 TRACY K. DORSETT III, 0000 FLAVIA CASASSOLA, 0000 MARK G. CROSSMAN, 0000 DENIS P. DOTY, 0000 GRANT S. CASE, 0000 WILLIAM P. CROWE, 0000 MARK R. DOUGLAS, 0000 JOHN E. CASEBOLT, 0000 BRETT E. CROZIER, 0000 RICHARD J. DOUGLASS, 0000 WILLIAM M. CASHMAN, 0000 HAYWOOD L. CRUDUP, 0000 PATRICK K. DOWLING, 0000 ERIC D. CASLER, 0000 BRIAN P. CRUICKSHANK, 0000 JAMES D. DOWNARD II, 0000 HECTOR CASTILLO, 0000 *JACQUELINE CRUM, 0000 MICHAEL P. DOYLE, 0000 MITCHELL CATANZARO, 0000 BRYAN L. CRUTCHFIELD, 0000 RICHARD A. DOYLE, 0000 STEPHEN D. CATCHINGS, 0000 *KEVIN M. CRUZE, 0000 TY R. DRAKE, 0000 WILLIAM M. CATHEY, 0000 ROBERT E. CULCASI, 0000 MARK H. DRAPER, 0000 VINCENT K. CATICH, 0000 KEVIN W. CULP, 0000 *RANDON H. DRAPER, 0000 MARC E. CAUDILL, 0000 JULIA K. CUMMINGS, 0000 DONALD R. DRECHSLER, 0000 JAMES A. CAUGHIE, 0000 CARNELL C. CUNNINGHAM, 0000 VANCE A. DRENKHAHN, 0000 JOHN D. CAYE, 0000 JOHN T. CUNNINGHAM, 0000 DAVID J. DRESSEL, 0000 * DAVID A. CEBRELLI, 0000 KEITH A. CUNNINGHAM, 0000 CORRINE K. DREYFUS, 0000 GARY J. CEGALIS, 0000 KEVIN J. CUNNINGHAM, 0000 GARY T. DROUBAY, 0000 MARY T. CENTNER, 0000 MILLER K. CUNNINGHAM, JR., 0000 *STEVEN DOUGLAS DUBRISKE, 0000 JEFFREY D. CETOLA, 0000 MARK T. CURLEY, 0000 BRIAN M. DUBROFF, 0000 * RENE J. CHADWELL, 0000 JARED P. CURTIS, 0000 LEAH C. DUDANI, 0000 * GLENN S. CHADWICK, 0000 CAROLINE M. CUTBUSH, 0000 MICHAEL R. DUDLEY, 0000 * JAMES E. CHALKLEY II, 0000 MARC E. CWIKLIK, 0000 BRIAN P. DUFFY, 0000 RICHARD M. CHAMBERS, 0000 HENRY L. CYR, 0000 DAVID T. DUHADWAY, 0000 * BARRY C. CHANCE, 0000 MARK G. CZELUSTA, 0000 CARL R. DUMKE, 0000 CHINRAN O. CHANG, 0000 DANIEL D. CZUPKA, 0000 *CHARLES A. DUMONT, 0000 MICHAEL J. CHAPA, 0000 DENNIS P. DABNEY, 0000 *KEVIN C. DUNBAUGH, 0000 NIKOLAS CHAPAPAS, 0000 *RICHARD S. DABROWSKI, 0000 CYNTHIA L. DUNCAN, 0000 DAVID E. CHELEN, 0000 LLOYD W. DAGGETT, 0000 *JEAN E. DUNKELBERGER, 0000 JEN JEN CHEN, 0000 TODD S. DAGGETT, 0000 DARRELL C. DUNN, 0000 MARC L. CHERRY, 0000 DORIC A. DAGNOLI, 0000 LOUIS F. DUPUIS, JR., 0000 THOMAS E. CHESLEY, 0000 BRYAN T. DAHLEMELSAETHER, 0000 GREGORY P. DURAND, 0000 JULIAN M. CHESNUTT, 0000 THOMAS K. DALE, 0000 MARK H. DURAND, 0000 LISETTE D. CHILDERS, 0000 BRUCE R. DALRYMPLE, 0000 JAMES A. DURBIN, 0000 ERIC H. CHOATE, 0000 MARK T. DAMIANO, 0000 JAMES A. DURICY, 0000 BOGDAN CHOMICKI, 0000 *EDWARD JAMES DAMICO, 0000 ARTHUR M. DURKIN, JR., 0000 TIMOTHY CHONG, 0000 MATTHEW R. DANA, 0000 JOHN P. DURNFORD, 0000 DIANE M. CHOY, 0000 RONALD K. DANCY, 0000 RANDY Q. DURR, 0000 MIKE G. CHRISTIAN, 0000 JON Y. DANDREA, 0000 STEVEN L. DUTSCHMANN, 0000 * JOSEPH R. CHURCH, 0000 *DANA J. DANE, 0000 CHRISTOPHER A. DYER, 0000 DANIEL J. CLAIRMONT, 0000 RONALD M. DANIELS, 0000 ANTHONY T. DYESS, 0000 ANDRA B. CLAPSADDLE, 0000 MARK S. DANIGOLE, 0000 ALTON D. DYKES, 0000 DOUGLAS S. CLARK, 0000 PHILIPPE R. DARCY, 0000 JEAN MARIE EAGLETON, 0000 GREGORY J. CLARK, 0000 THAD T. DARGER, 0000 STEPHEN M. EARLE, 0000 JAMES A. CLARK, 0000 CHRISTOPHER O. DARLING, 0000 BILLIE S. EARLY, 0000 JOHN A. CLARK, 0000 STEPHEN R. DASUTA, 0000 *DARWIN H. EASTER, 0000 TREVOR M. CLARK, 0000 KEVIN J. DAUL, 0000 DAVID P. EASTERLING, JR., 0000 EDWARD P. CLARY, 0000 JUSTIN C. DAVEY, 0000 JOHN K. EASTON II, 0000 ROGER L. CLAYPOOLE, JR., 0000 ALISON L. DAVIS, 0000 PAUL B. EBERHART, 0000 SHERMAN M. CLAYTON, 0000 DEREK K. DAVIS, 0000 ERIK H. ECKBLAD, 0000

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FREDERICK A. ECKEL, 0000 CARL C. FULTON II, 0000 CLAY W. HALL, 0000 *SCOTT T. ECTON, 0000 MICHAEL L. FUREY, 0000 DOUGLAS C. HALL, 0000 IAN A. EDDY, 0000 VERNE S. FUTAGAWA, 0000 MICHAEL J. HALLORAN, 0000 DAVID K. EDNEY, 0000 MICHAEL W. GAAL, 0000 RICHARD G. HAM, 0000 DANIEL C. EDWARDS, 0000 ANNETTE S. GABLEHOUSE, 0000 DAVID S. HAMBLETON, 0000 JOSEPH E. EDWARDS III, 0000 RICHARD E. GADDIS, 0000 EILEEN R. HAMBY, 0000 RICHARD J. EDWARDS, 0000 RICHARD C. GAGE, 0000 CHARLES T. HAMILTON, 0000 TRENT H. EDWARDS, 0000 TALMADGE A. GAITHER, 0000 CHRISTOPHER E. HAMILTON, 0000 TODD A. EFAW, 0000 PAUL A. GALLAHER, 0000 DANIEL E. HAMILTON, 0000 *DEBRA J. EGAN, 0000 RAYMOND J. GALONIS, JR., 0000 PHYLLIS A. HAMILTON, 0000 STEPHEN R. EGGERT, 0000 BARRY R. GAMBRELL, 0000 ROBERT D. HAMILTON, JR., 0000 MARK D. EICHELBERGER, 0000 CHADWICK H. GARBER, 0000 STEPHEN T. HAMILTON, 0000 CHARLES D. EICHER, 0000 JOAN H. GARBUTT, 0000 KELLY D. HAMMETT, 0000 CHRISTOPHER J. EICHORST, 0000 MARIA L. GARCIA, 0000 DIANE P. M. HANF, 0000 PETER K. EIDE, 0000 MICHAEL A. GARCIA, 0000 JAMES D. HANKINS, 0000 LARRY A. EIMEN, 0000 *STEVEN EARL GARCIA, 0000 JOHN T. HANNA, 0000 CHRISTOPHER L. EISENBIES, 0000 *FREDDY J. GARCIAFERNANDEZ, 0000 SCOTT M. HANNAN, 0000 ANTHONY M. ELAVSKY, 0000 *LAURA L. GARNER, 0000 *RONALD L. HANSELMAN, JR., 0000 NEVIN K. ELDEN, 0000 *ROBERT J. GARNER, 0000 DAVID E. HANSEN, 0000 EDWARD C. ELDER III, 0000 RONALD P. GARRETT, 0000 LISA K. HANSEN, 0000 ERIK J. ELIASEN, 0000 JOHN A. GASNER, 0000 ALFRED R. HANSON, 0000 MICHAEL D. ELIASON, 0000 *GENE H. GATES, 0000 SAMUEL M. HARBIN, 0000 RICHARD G. ELKINS, 0000 ANTHONY A. GATLIN, 0000 DOUGLAS D. HARDMAN, 0000 ALAN W. ELLEDGE, 0000 GRANT G. GEISLER, 0000 DAVID H. HARDY, JR., 0000 JEFFREY I. ELLIS, 0000 AARON C. GEORGE, 0000 KURT A. HARENDZA, 0000 *NATHALIE F. ELLIS, 0000 BRIAN K. GEORGE, 0000 REGINA HARGETT, 0000 *NORMAN D. ELLIS, 0000 LYNNANE E. GEORGE, 0000 MICHAEL R. HARGIS, 0000 *RICHARD W. ELLIS, 0000 CHAD M. GERICKE, 0000 *ROSANNE T. 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FANNIN, 0000 *ROBERT D. GOMES, 0000 GREGORY L. HEBERT, 0000 GEORGE R. FARFOUR, 0000 TODD J. GONDECK, 0000 SCOTT T. HEBRINK, 0000 JAYNE M. FARIS, 0000 ALEXANDER GONZALEZ II, 0000 JOHN P. HEDRICK, 0000 CHARLES K. FARMER, 0000 *BONNIE E. GOODALE, 0000 PATRICK E. HEFLIN, 0000 *PETER W. FARNEY, 0000 GERALD V. GOODFELLOW, 0000 JOEL R. HEFT, 0000 *COLIN P. FARRELL, 0000 OLIN H. GOODHUE, 0000 JON P. HEILEMAN, 0000 MARION J. FEATHERSTON, 0000 BETH A. GOODWILL, 0000 CARLIN R. HEIMANN, 0000 SAMUEL S. FEDAK, 0000 PATRICK J. GOOLEY, 0000 STEPHEN W. HEINRICH, 0000 CYNTHIA J. FEESER, 0000 ANTHONY T. GORDON, 0000 MARK L. HELLEKSEN, 0000 *MICHAEL A. FELDER, 0000 GARY E. GORDON, 0000 MICHAEL W. HELVEY, 0000 ANNE MARIE FENTON, 0000 GERARD GORDON, 0000 *GRAEME S. HENDERSON, 0000 *LAURA I. FERNANDEZ, 0000 PENELOPE F. GORSUCH, 0000 TIM V. HENKE, 0000 BRYON R. FESSLER, 0000 GREGORY A. GOSSAGE, 0000 *JUDY B. HENLEY, 0000 BRUCE E. FEWKES, 0000 LISA M. GOSSETT, 0000 EDWARD J. HENNIGAN II, 0000 *DRILLER L. 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FLAHERTY, 0000 NANCY K. GREEN, 0000 CHARLES W. HILL, 0000 TODD J. FLESCH, 0000 *NORMAN T. GREENLEE, 0000 ROBIN L. HILL, 0000 BRIAN J. FLETCHER, 0000 KENNETH M. GREENSTREET, 0000 STEPHEN W. HILL, 0000 JEFFREY D. FLEWELLING, 0000 PAULA D. GREGORY, 0000 GREGORY D. HILLEBRAND, 0000 KELLY D. FLOREK, 0000 CHRISTOPHER E. GREIMAN, 0000 DAVID P. HINCKLEY, 0000 *GUSTAVO E. FLORES, 0000 JOHN E. GRENIER, 0000 RAYMOND R. HINDMAN, 0000 RUEHL F. FLORES, 0000 JOHN M. GRIFFIN, 0000 KARL V. HINES, 0000 RUSSELL C. FLOWERS, 0000 *VANESSA GRIFFIN, 0000 DONALD D. HINTON, 0000 ROBERT L. FLOYD IV, 0000 JOY D. GRIFFITH, 0000 MICHAEL W. HINZ, 0000 VICTOR M. FLOYD, 0000 *DEREK IVAN GRIMES, 0000 *MARK A. HIRYAK, 0000 DAVID E. FOOTE, 0000 JOHN T. GRIVAKIS, 0000 DAVID J. HLUSKA, 0000 STEPHEN D. FORD, 0000 JANET W. GRONDIN, 0000 DAVID L. HOBIN, 0000 WILLIAM A. FORKNER, 0000 PAUL M. GROTELUESCHEN, 0000 CALMA C. HOBSON, 0000 *JON A. FORNAL, 0000 *MICHAEL D. GRUBBS, 0000 CARL E. HODGES, 0000 ANDREAS J. FORSTNER, 0000 *STEVEN M. GUASTAFERRO, 0000 JOSEPH A. HOELSCHER, 0000 JUSTIN C. FORTUNE, 0000 JUAN C. GUERRERO, 0000 MICHAEL T. HOEPFNER, 0000 CHRISTOPHER T. FOSTER, 0000 GREGORY M. GUILLOT, 0000 HANS A. HOERAUF, 0000 GREG W. FOSTER, 0000 PHILLIP C. GUIN, 0000 PAUL J. HOERNER, 0000 SAMUEL L. FOSTER, 0000 DUANE D. GUNN, 0000 *JAMES C. HOFFMAN, 0000 JAMES R. FOURNIER, 0000 DARREK L. GUSTER, 0000 DONALD J. HOFSTRA, JR., 0000 JACKSON L. FOX, 0000 MARCEL L. GUSTIN, 0000 TIMOTHY J. HOGAN, 0000 JAMES P. FOX, 0000 *ALEX X. GUTIERREZTORRES, 0000 STEPHANIE A. HOLCOMBE, 0000 SHAWN P. FRANCIS, 0000 *DAVID T. GUTSCHER, 0000 JAMES G. HOLDER, 0000 BERNARD J. FRANK, 0000 GREGORY M. GUTTERMAN, 0000 JEFFREY K. HOLIFIELD, 0000 GREGORY C. FRANKLIN, 0000 GARY S. HAAG, 0000 *DAVID HOLLAND, 0000 JEFFREY R. FRANKLIN, 0000 *SEAN M. HACKBARTH, 0000 JAMES F. HOLLIE, 0000 WENDY K. FRASER, 0000 DAVID G. HADDEN, 0000 MICHAEL R. HOLMES, 0000 THOMAS E. FREDERICKS, 0000 ROBERT D. HADLEY, 0000 *TROY R. HOLROYD, 0000 MICHAEL L. FREDLEY, 0000 GREGORY S. HAEFELE, 0000 JAMES P. HOMAN, 0000 *SCOTT A. FRERKING, 0000 *CYNTHIA A. HAGEMAN, 0000 JOHN L. HOOVER, 0000 MICHAEL R. FREY, 0000 STEPHEN L. HAGGARD, 0000 HELEN M. HORN, 0000 GREGORY A. FRICK, 0000 MARK J. HAHNERT, 0000 JEREMY C. HORN, 0000 ROBERT J. FRINK, 0000 CHRISTINE L. HALE, 0000 DAVID J. HORNYAK, 0000 SEAN M. FRISBEE, 0000 *SCOTT A. HALE, 0000 CHARLES W. HOULDING, 0000

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KIMBERLY HOUSTONSABLAD, 0000 RUSSELL T. KASKEL, 0000 *JOHN A. LANSBERRY, 0000 PAUL C. HOWARD, 0000 CRAIG L. KAUFMAN, 0000 ALFONSO A. LAPUMA, 0000 SANDRA J. HOWARD, 0000 RANDY L. KAUFMAN, 0000 *JOHN P. LARKIN, 0000 BRIAN T. HOY, 0000 ADAM B KAVLICK, 0000 DOUGLAS N. LARSON, 0000 HEIDI M. HOYT, 0000 CHRISTY A. KAYSERCOOK, 0000 STEVEN M. LARSON, 0000 DAWN M. HRDLICKA, 0000 DAWN D. KEASLEY, 0000 CAROLYN B. LASALA, 0000 ANN S. HRYSHKOMULLEN, 0000 BETH A. KECK, 0000 STANLEY A. LASOSKI, 0000 RICHARD B HUBBARD III, 0000 PATRICK D. KEE, 0000 ROBERT H. LASS, 0000 BRYAN J. HUDGENS, 0000 CLIFFORD A. KEENAN, 0000 SEAN D. LASSITER, 0000 JAMES L. HUDSON, 0000 PATRICK M. KEENAN, 0000 *WALTER V. LASSITER, JR., 0000 JED L. HUDSON, 0000 ROBERT B KEENEY, JR., 0000 ROBERT M. LATIN, 0000 KEVIN J. HUGHES, 0000 TIMOTHY L. KEEPORTS, 0000 CYNTHIA C. LATKE, 0000 LARRY C. HUGHES, 0000 STANFORD K. KEKAUOHA, 0000 ARTHUR H. LAUBACH, JR., 0000 PATRICK HUGHES, 0000 DONALD E. KELLER, JR., 0000 TODD R. LAUGHMAN, 0000 RICHARD J. HUGHES, 0000 JOHN G. KELLER, 0000 OCTAVE P. LAURET III, 0000 SCOTT W. HUGHES, 0000 STEVEN E. KELLER, 0000 MICHELLE D. LAVEY, 0000 STEPHEN A. HUGHES, 0000 EDNA V. KELLEY, 0000 LORI S. LAVEZZI, 0000 TIMOTHY L. HUGHES, 0000 JAMES H. KELLEY, JR., 0000 SCOTT A. LAWLER, 0000 *CHERYL L. HUGULEY, 0000 KEVIN C. KELLEY, JR., 0000 JERRY B. LAWSON, 0000 THAD A. HUNKINS, 0000 KEVIN J. KELLY, 0000 THERESA A. LAWSON, 0000 KIRK W. HUNSAKER, 0000 MICHAEL B. KELLY, 0000 DAVID T. LAWYER, 0000 JAMES D. HUNSICKER, 0000 MICHAEL F. KELLY, 0000 CRAIG S. LEAVITT, 0000 CLINT H. HUNT, 0000 WAYNE N. KELM, 0000 MARK T. LEAVITT, 0000 RICHARD A. HUNT, 0000 MICHAEL S. KEM, 0000 CHUL K. LEE, 0000 JOHN T. HUNTER, 0000 MALCOLM T. KEMENY, 0000 GENE C. LEE, 0000 BRYAN K. HUNTSMAN, 0000 DEWAYNE C. KENDALL, 0000 HYON K. LEE, 0000 *STEVEN R. HUSS, 0000 *KYLE J. KENISON, 0000 KEE H. LEE, 0000 DIANE T. HUSTON, 0000 ANDRE L. KENNEDY, 0000 KURT R. LEE, 0000 BILLYE G. HUTCHISON, 0000 DOUGLAS B. 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KULL, 0000 ROBERT J. LUTZ, 0000 *BRUCE B. JONES, 0000 SCOTT A. KUNKEL, 0000 DANIEL R. LYKINS, 0000 DATHAN B. JONES, 0000 KRISTINE T. KUSEKVELLANI, 0000 DAVID L. LYLE, 0000 DOUGLAS D. JONES, 0000 ANDREW C. KUTH, 0000 DAVID F. LYNCH, 0000 FELECIA M. JONES, 0000 *DAVID T. KWIATKOWSKI, 0000 GREGORY D. LYND, 0000 *JEFFERY F. JONES, 0000 RODNEY D. KYZER, 0000 *DONALD D. LYTLE, 0000 JOHN W. JONES, 0000 *GREGORY S. LAFFITTE, 0000 RICHARD N. MACCONNELL, 0000 RICHARD J. JONES, 0000 *DONALD P. LAGATOR, JR., 0000 *STEVEN E. MACK, 0000 SEAN R. JONES, 0000 HANS C. LAGESCHULTE, 0000 TIMOTHY E. MACK, 0000 CURTIS M. JORDAN, 0000 GEOFFREY A. LAING, 0000 JEFFERY A. MACKEY, 0000 ANDREAS JUCKER, 0000 JOSEPH P. LAMANA, 0000 JEFFREY D. MACLOUD, 0000 DAVID J. JULAZADEH, 0000 ANDREW A. LAMBERT, 0000 JOHN H. MACNICOL, 0000 *JOSEPH S. JULIAN, JR., 0000 HENRI C. LAMBERT, 0000 DAVID L. MAHANES II, 0000 SHANNON D. JURRENS, 0000 JEFFREY A. LAMBERT, 0000 JACK W. MAIXNER, 0000 DONALD J. KADERBEK, 0000 MICHAEL D. LANCASTER, 0000 *DAVID M. MALINOWSKI, 0000 RANDALL J. KALLENBACH, 0000 TODD R. LANCASTER, 0000 DOUGLAS P. MALONE, 0000 JEFFREY M. KAMNIKAR, 0000 JAY A. LANDIS, 0000 DAVID J. MALONEY, 0000 KI H. KANG, 0000 KENNETH M. LANG, 0000 PAULA A. MALONEY, 0000 SUHRA E. KANG, 0000 TODD A. LANGENFELD, 0000 LORALEE R. MANAS, 0000

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KATHRYN A. MANGION, 0000 LARRY CALVIN MILLER, 0000 GEOFFREY N. NORTON, 0000 MARK H. MANLEY, 0000 MARIE A. MILLER, 0000 JAMES D. NORTON, 0000 *MICHAEL H. MANNEY, 0000 *MICHAEL H. MILLER, 0000 KEVIN D. NOWAK, 0000 ROBERT A. MANTZ, 0000 PATRICK D. MILLER, 0000 *GARY G. NOWLIN, 0000 CHRISTOPHER M. MARCELL, 0000 ROSS A. MILLER, 0000 MICHAEL T. OBERBROECKLING, 0000 JOSEPH MARCINKEVICH, 0000 RUSSEL B. MILLER, 0000 JOHN S. OBRIEN, 0000 TODD M. MARKWALD, 0000 SCOTT C. MILLER, 0000 BRIAN M. OCONNELL, 0000 THOMAS H. MARLIN, 0000 SHERI D. MILLER, 0000 MARY J. OCONNOR, 0000 KATHY A. MARLOW, 0000 SUSAN M. MILLER, 0000 TIMOTHY J. OCONNOR, 0000 KEITH E. MARLOWE, 0000 JOHN K. MILLHOUSE, 0000 GARY L. ODANIEL, 0000 TONY R. MARLOWE, 0000 RICKY L. MILLIGAN, 0000 KELVIN B. ODELL, 0000 DEBORAH J. MARQUART, 0000 JOSEPH A. MILNER, 0000 JOSEPH M. ODER, 0000 TULLEY A. MARRIOTT, 0000 RICHARD K. MILNER, 0000 KEVIN ODOM, 0000 JEFFREY A. MARSDEN, 0000 LOUIS E. MINGO, JR., 0000 *BARRY J. ODONNELL, 0000 WILLIAM D. MARSH II, 0000 MICHAEL A. MINIHAN, 0000 MARK J. OECHSLE, 0000 KEVIN E. MARTILLA, 0000 *LORRAINE M. MINK, 0000 *ANGELA MARIE OGAWA, 0000 BARBARA C. MARTIN, 0000 *RICHARD D. MINK, 0000 *JOHN W. OGDEN, JR., 0000 DOUGLAS S. MARTIN, 0000 THOMAS D. MIOKOVIC, 0000 MARC C. OHMER, 0000 JOEL L. MARTIN, 0000 DAVID L. MITCHELL, 0000 DAVIS S. OISHI, 0000 JOSEPH D. MARTIN, 0000 JIMMIE L. MITCHELL, JR., 0000 KEVIN K. OLEEN, 0000 *KEVIN D. MARTIN, 0000 MAX B. MITCHELL, 0000 CHRISTOPHER J. OLEKSA, 0000 MICHAEL E. MARTIN, 0000 CHRISTOPHER R. MOCK, 0000 KEVIN C. OLESEN, 0000 PAUL S. MARTIN, 0000 JOHN H. MODINGER, 0000 RAFAEL E. OLIVA, 0000 *WILLIAM J.MARTIN, 0000 DAVID W. MOHR, 0000 KEVIN A. OLIVER, 0000 JAMES T. MARX, 0000 CHARLES W. MOINETTE, 0000 KRIS D. OLIVER, 0000 *DAVID M. MASON, 0000 OSCAR MOJICA, 0000 TODD M. OLLER, 0000 PETER H. MASON, 0000 MATTHEW C. MOLINEUX, 0000 MARY M. OLOUGHLIN, 0000 ROBERT L. MASON, 0000 MITCHELL A. MONROE, 0000 FORREST O. OLSON, 0000 ANTHONY J. MASSA, 0000 WAYNE R. MONTEITH, 0000 *WILLIAM A. OLSON, 0000 MAX R. MASSEY, JR., 0000 KENNETH S.S. MONTGOMERY, 0000 PHILLIP G. ONEAL, 0000 *PETER MASTROIANNI, 0000 NATHAN COOKS MOONEY II, 0000 JAMES P. ONEILL, 0000 RUSSELL A. MATIJEVICH, 0000 CHARLES E. MOORE, JR., 0000 DANIEL ONIELL, JR., 0000 FREDDY A. MATOS, 0000 *MARY E. MOORE, 0000 RICHARD J. ONKEN, 0000 *MARK E. MATSON, 0000 *MICHAEL H. MOORE, 0000 DOUGLAS A. OPERSTENY, 0000 JAMES B. MATTILA, 0000 ERIN R. MORAN, 0000 TROY D. ORWAN, 0000 DAVID M. MATTSON, JR., 0000 *CHRISTOPHER L. MORGAN, 0000 ERIC R. OSTENDORF, 0000 JOHN C. MAXWELL, 0000 DAVID J. MORGAN, 0000 DEAN R. OSTOVICH, 0000 LORI L. MAY, 0000 DONALD MORGAN, 0000 MARK J. OSTROV, 0000 CHARLES C. MAYER, 0000 *JOHN K. MORGAN, 0000 ERIC J. OSWALD, 0000 ROBERT E. MAYFIELD, 0000 SCOT J. MORGAN, 0000 LAWRENCE J. OTT, 0000 DAVID P. MC ADAM, 0000 STEVEN S. MORITA, 0000 WILLIAM J. OTT, 0000 WILLIAM J. MC ALLISTER, 0000 BRIAN K. MORRIS, 0000 WALTER W. OTTO, 0000 *CLAYTON W. MC ANALLY, 0000 CAIL MORRIS, JR., 0000 MICHAEL R. OUTLAW, 0000 PAUL W. MC AREE, 0000 MICHAEL E. MORRIS, 0000 JENNIFER R. OWENS, 0000 RICHARD T. MC CAFFERTY, 0000 WILLIAM F. MORRISON II, 0000 RONALD G. OWENS, 0000 TODD V. MC CAGHY, 0000 LINDA E. MOSCHELLE, 0000 ALFRED J. OZANIAN, 0000 KYNA R. MC CALL, 0000 SCOTT E. MOSER, 0000 DANIEL A. PACHECO, 0000 CHRISTOPHER P. MC CALLAN, 0000 WADE A. MOSHIER, 0000 *ERIK C. PAHL, 0000 SCOTT P. MC CARTT, 0000 DEBORA E. MOSLEY, 0000 DAVID E. PAINTER, 0000 TERRY W. MC CLAIN, 0000 GERARD A. MOSLEY, 0000 THOMAS E. PAINTER, JR., 0000 MITCHELL T. MC CLAREN, 0000 RAY A. MOTTLEY, 0000 JOSEPH T. PALAGANAS, 0000 KENNETH J. MC CLELLAN, JR., 0000 DANIEL R. MOY, 0000 HANS F. PALAORO, 0000 TINA MARIE MC CONNELL, 0000 ROBERT J. MOZELESKI, 0000 RICK A. PALO, 0000 ROBERT G. MC CORMACK, 0000 MATTHEW D. MRZENA, 0000 DANNY E. PALUBECKIS, 0000 LORENZO MC CORMICK, 0000 KEVIN M. MUCKERHEIDE, 0000 JEFFREY P. PALUMBO, 0000 BERNADETTE T. MC DERMOTT, 0000 CHRISTOPHER G. MUELLER, 0000 GLENN A. PANARO, 0000 FRANCIS M. MC DONOUGH, 0000 MARK M. MUELLER, 0000 RICH Y. PANG, 0000 GEORGE M. MC DOWELL, 0000 DOUGLAS M. MUHLBAUER, 0000 *MICHAEL J. PAOLI, 0000 JAMES C. MC EACHEN, 0000 LESLIE L. MUHLHAUSER, 0000 ALAN PAOLUCCI, 0000 JAMES J. MC ELHENNEY, 0000 *WILLIAM C. MULDOON, JR., 0000 JOHN A. PAPACHRISTON, 0000 DARYL C. MC ELWAIN, 0000 *KYLE D. MULLEN, 0000 ZANNIS M. PAPPAS, 0000 EUGENE L. MC FEELY, 0000 MATTHEW J. MULLIGAN, 0000 JOHN A. PARADIS, 0000 MICHAEL C. MC GARVEY, 0000 *DOUGLAS E. MULLINS, 0000 THOMAS E. PARENT, 0000 MARK A. MC GEORGE, 0000 ROBERT B. MUNDIE, 0000 PATRICIA F. PARK, 0000 GERALD T. MC GINTY, 0000 RONALD J. MUNDSTOCK, 0000 JO BETH PARKER, 0000 BRIAN P. MC GOLDRICK, 0000 JAMES A.V. MUNDY, 0000 ROBERT J. PARKS, 0000 *COLLEEN A. MC GOWAN, 0000 KENNY K. MUNECHIKA, 0000 *ROBERT S. PARKS, 0000 *TERI J. MC GRATH, 0000 DEBORAH A. MUNLEY, 0000 *TODD J. PARKS, 0000 JAMES H. MC GUIRE, 0000 KAY A. MUNOZ, 0000 TOM D. PARKS, 0000 *MATTHEW R. MC GUIRE, SR., 0000 PORFIRIO H. MUNOZ, JR., 0000 DAVID A. PARR, 0000 ANDREW MC INTYRE, 0000 BRIAN C. MURPHY, 0000 LIZA M. PARR, 0000 PATRICK J. MC KEEVER, 0000 MARK C. MURPHY, 0000 *LARRY V. PARSONS, 0000 PAUL M. MC KENNA, 0000 MIMI MURPHY, 0000 MICHAEL J. PASTIKA, JR., 0000 TONY H. MC KENZIE, 0000 IVAN D. MURRAY, 0000 KALPESH B. PATEL, 0000 BONNIE A. MC KEON, 0000 LANCE T. MURRAY, 0000 JAMES PATERSON, 0000 MICHAEL MC KEON, 0000 MICHAEL J. MUSZYNSKI, 0000 DAVID M. PATTERSON, 0000 *LISA A. MC KINNEY, 0000 DAVID S. MYERS, 0000 *MARK HOWARD PATTERSON, 0000 TIMOTHY J. MC LAIN, 0000 LEMUEL R. MYERS, JR., 0000 DAVID A. PATTON, 0000 GAYLA MC LAUGHLIN, 0000 *MARCUS S. MYERS, 0000 BRETT A. PAUER, 0000 PHILIP M. MC NAIRY, 0000 MARGARET M. MYERS, 0000 TODD M. PAVICH, 0000 FRANK R. MC NAMARA, 0000 NICHOLAS S. MYERS, JR., 0000 KENNETH A. PAXTON, 0000 BRUCE R. MC NAUGHTON, 0000 MYLES M. NAKAMURA, 0000 CHRISTOPHER H. PAYNE, 0000 ROBERT C. MC NEIL, 0000 JOSEPH J. NARRIGAN, 0000 JAMES M. PAYNE II, 0000 SAMUEL L. MC NIEL, 0000 TRACY A. NEALWALDEN, 0000 JOHN D. PEAK, 0000 *DANIEL S. MC NULTY, 0000 JOSEPH D. NEDEAU, 0000 WILLIAM G. PEARCE, 0000 NATHANIEL K. MC NURE, 0000 ELLEN D. NEELY, 0000 *RICHARD E. PEARSON, 0000 *SHERRINA L. MC QUAIN, 0000 JOHN S. NEHR, 0000 STEVEN D. PEARSON, 0000 FRANK A. MC VAY, 0000 JAMES A. NEICE, JR., 0000 JAMES D. PECCIA III, 0000 MARC C. MC WILLIAMS, 0000 JEFFREY D. NEISCHEL, 0000 STEPHEN D. PEDROTTY, 0000 CHARLES R. MEADOWS, 0000 BRETT J. NELSON, 0000 SCOTT D. PEEL, 0000 *DEBORAH E. MEADOWS, 0000 MICHAEL S. NELSON, 0000 DAVID M. PELLETIER, 0000 BRUNO A. MEDIATE, 0000 MARK N. NEULANDER, 0000 *ERIC R. PELTIER, 0000 *VICKY R. MEDLEY, 0000 CARL A. NEWHART, JR., 0000 TIMOTHY W. PENLEY, 0000 JAMES M. MEEK, 0000 DAVID J. NEWTON, 0000 RANDY B. PENSON, 0000 KURT W. MEIDEL, 0000 *RANDAL G. NEWTON, 0000 JOHN C. PEPIN, 0000 JEAN A. MEINK, 0000 ANGELA P. NICHOLS, 0000 CLAYTON B. PERCE, 0000 RICHARD A. MELEADY, 0000 CLIFTON E. NICHOLS, 0000 LISA M. PERDUE, 0000 *BRUNO MELTON, 0000 RANDOLPH J. NICHOLSON, 0000 *RICHARD G. PEREZ, 0000 MICHAEL A. MENDOZA, 0000 SCOTT P. NICKERSON, 0000 *JEFFREY W. PERHAM, 0000 WILLIAM J. MERCHANT, 0000 ERIC B. NICKISH, 0000 SEAN W. PERKINS, 0000 DANIEL F. MERRY, 0000 *KENT A. NICKLE, 0000 STEFANIE C. PERKOWSKI, 0000 JOHN C. MERTEN, 0000 *DONNELL NICKS, 0000 KENDRIC J. PERRY, 0000 JEFFERY P. MESERVE, 0000 DANA S. NIELSEN, 0000 KENNETH M. PESEK, 0000 CONSTANCE M. MESKILL, 0000 DOUGLAS J. NIKOLAI, 0000 BRIAN T. PETERSON, 0000 CHARLES E. METROLIS, JR., 0000 DEAN A. NILSON, 0000 JOEL T. PETERSON, 0000 EDWARD A. MEYER, 0000 TREVOR W. NITZ, 0000 RICK T. PETITO, 0000 GREGORY S. MEYER, 0000 MICHAEL J. NOBLE, 0000 *VLAD PETNICKI, 0000 *MICHAEL C. MEYER, 0000 BRIAN P. NOEL, 0000 *MARIA H. PETRAS, 0000 THOMAS E. MEYER, 0000 JAMES R. NOETZEL, JR., 0000 GILBERT E. PETRINA, JR., 0000 *MARK W. MILAM, 0000 BYRON K. NOLAN, 0000 STEPHEN D. PETTERS, 0000 SAMUEL P. MILAM, 0000 STEVEN P. NOLL, 0000 *JODY B. PETTIS, 0000 *WILLIAM J. MILES, JR., 0000 WILLIAM R. NOLTE, 0000 KARL D. PFEIFFER, 0000 STEPHEN V. MILIANO, 0000 ANDREA NORRIS, 0000 LINDA G. PHELPS, 0000 *AUBREY K. MILLER, 0000 WESLEY S. NORRIS, 0000 KEITH L. PHILLIPS, 0000 CHRISTINE M. MILLER, 0000 DEBRA A. NORTH, 0000 KIRK A. PHILLIPS, 0000 DAVID E. MILLER, 0000 SHAWN A. NORTHROP, 0000 MARTIN E. PICCUS, 0000 KEVIN W. MILLER, 0000 CAROL S. NORTHRUP, 0000 BRADLEY R. PICKENS, 0000

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*LESLEA T. PICKLE, 0000 HANS V. RITSCHARD, 0000 WALTER H. SCHWERIN, JR., 0000 DAVID C. PIECH, 0000 RANDY L. RIVERA, 0000 DONALD W. SCOTT, 0000 BRENDAN W. PIEHL, 0000 SCOTT W. RIZER, 0000 *MARLESA K. SCOTT, 0000 DAYLE B. PIEPER, 0000 ADRIENNE L. RIZZO, 0000 *DEBORAH A. SCOTTON, 0000 MARK A. PIERCE, 0000 CINDY A. ROBBINS, 0000 BRADLEY S. SEARS, 0000 EARL C. PILLOUD, 0000 ANTHONY J. ROBERSON, 0000 THOMAS J. SEBENS, 0000 CORY M. PINK, 0000 BRENDA J. ROBERTS, 0000 ANTHONY B. SECRIST, 0000 WILLIAM E. PINTER, 0000 MANDIE K. ROBERTS, 0000 JOHN T. SELDEN II, 0000 WILLIAM P. PIRKEY, 0000 *MICHAEL J. ROBERTS, 0000 DWAYNE P. SELLERS, 0000 PAUL S. PIRKLE III, 0000 PETER C. ROBERTS, 0000 EUGENE R. SELLERS, 0000 MATTHEW T. PIRKO, 0000 RANDALL E. ROBERTS, JR., 0000 CHRISTOPHER M. SEMON, 0000 MARK A. PISTONE, 0000 *RICHARD C. ROBERTS, 0000 RONALD D. SENGER, 0000 TODD S. PITTMAN, 0000 TERRILL D. ROBERTS, 0000 MICHAEL B. SENSENEY, 0000 KENNETH PLAKS, 0000 WILLIAM B. ROBEY, 0000 *WENDY SUE SENTER, 0000 JOHN D. PLATING, 0000 CHRISTLE A. ROBINSON, 0000 JORGE F. SERAFIN, 0000 MICHAEL H. PLATT, 0000 DONNAMARIA ROBINSON, 0000 GARY L. SERFOSS, 0000 FREDRICK G. PLAUMANN, 0000 *FRANKLIN T. ROBINSON, 0000 MARK W. SERGEY, 0000 TERENCE A. PLUMB, 0000 JOHN D. ROBINSON, 0000 JAMES P. SEWARD, 0000 *JOHN B. PLUMMER, 0000 KYLE W. ROBINSON, 0000 *ANNE M. SHAFFER, 0000 JULIE R. PLUMMER, 0000 *SHEILA R. ROBINSON, 0000 *WINSTON J. SHAFFER II, 0000 DOUGLAS W. POHLMAN, 0000 MICHAEL T. ROCHE, 0000 *MAYAN SHAH, 0000 KELLI B. POHLMAN, 0000 ROBERT J. ROCHESTER, 0000 SAMUEL J. SHANEYFELT, 0000 MATTHEW S. POISSOT, 0000 CHRIS R. RODDY, 0000 *KIMBERLY M. SHANKS, 0000 MICHAEL J. POLLEY, 0000 JOHN M. RODEN, 0000 TONY A. SHARKEY, 0000 ANTHONY J. POLLIZZI, JR., 0000 *ELIZABETH M. RODRIGUEZ, 0000 CHRISTOPHER L. SHARP, 0000 BRIAN A. POLLOCK, 0000 JAMES A. RODRIGUEZ, 0000 MICHAEL G. SHARP, 0000 STEVEN A. POMEROY, 0000 *R. BRUCE ROEHM, 0000 MICHAEL E. SHAVERS, 0000 DE LEON DANIEL PONCE, 0000 BARRY D. ROEPER, 0000 BRUCE W. SHAW, 0000 RICHARD T. POORE, JR., 0000 BRADLEY J. ROGERS, 0000 CHARLES B. SHEA, 0000 WILLIAM S. PORTER, JR., 0000 LORI A. ROGERS, 0000 WALTER A. SHEARER, 0000 CHRISTOPHER J. POSSEHL, 0000 ABDON ROJAS, JR., 0000 *SEAN W. SHEEHY, 0000 TAMMI LOUISE POTTER, 0000 DOUGLAS M. ROLANDO, 0000 RICHARD A. SHEETZ, 0000 JERE M. POUND IV, 0000 *LINETTE I. ROMER, 0000 RICHARD A. SHELDON, JR., 0000 JAMES R. POWELL, 0000 *ROSS W. ROMER, 0000 GREGG A. SHELTON, 0000 *VINCENT J. POWELL, 0000 MICHAEL A. ROMERO, 0000 NAM N. M. SHELTON, 0000 MARK A. POWERS, 0000 MARK D. ROOSMA, 0000 GLENDA S. SHEPHERD, 0000 OM PRAKASH II, 0000 ARMANDO L. ROSALES, 0000 MICHAEL D. SHEPHERD, 0000 TYE E. PRATER, 0000 STEPHEN A. ROSE, 0000 DAVID J. SHERMAN, 0000 STEPHEN R. PRATT, 0000 JULIE A. ROSELLIRAYA, 0000 DAVIN M. SHING, 0000 LAWRENCE E. PRAVECEK, 0000 LISA R. ROSS, 0000 WILMA J. SHIVELY, 0000 DEAN L. PRENTICE, 0000 KIM A. ROTH, 0000 CHRISTOPHER M. SHORT, 0000 *STERETT R. PREVOST IV, 0000 MICHAEL F. ROTHERMEL, 0000 ROBERTA L. SHREFFLER, 0000 MILES J. PRICE, 0000 DANIEL F. ROWE, 0000 ROBERT A. SHULL, 0000 MYLAND E. PRIDE, 0000 KIRK L. ROWE, 0000 SAMUEL M. SHULT, 0000 *DARA P. PRINCE, 0000 NANCY M. ROWER, 0000 KEVIN D. SIEVERS, 0000 RICHARD D. PROCTOR, 0000 KARL M. ROZELSKY, 0000 THEODORE R. SIEWERT, 0000 MARK R. PROULX, 0000 KEVIN M. ROZELSKY, 0000 *GLENN L. SIGLEY, 0000 CYNTHIA A. PROVOST, 0000 *PAUL A. RUDE, 0000 DAVID W. SILVA II, 0000 CHARLES A. PRYOR III, 0000 ANDREA K. RUPP, 0000 SHAWN G. SILVERMAN, 0000 *NEHEMIAH PRYOR, 0000 RICKY N. RUPP, 0000 MICHAEL E. SIMMONS, 0000 HOWARD K. PSMITHE, 0000 WILLIAM Y. RUPP, 0000 SCOTT C. SIMON, 0000 GARY PUHEK, 0000 JOSEPH J. RUSHLAU, 0000 PAUL J. SIMONICH, 0000 GEORGE R. PULLIAM, 0000 JOHN T. RUSSELL, 0000 JON M. SINCLAIR, 0000 JAY D. PULLINS, 0000 TERI JO RUSSELL, 0000 WILLIAM P. SINGLETARY, 0000 GLENN C. QUANBECK, 0000 JOHN K. RYAN, 0000 DALE P. SINNOTT, 0000 THOMAS J. QUICK, 0000 JAMES SABELLA, 0000 PAUL M. SKALA, 0000 PAUL R. QUIRION, 0000 *SEAN A. SABIN, 0000 ANNE E. SKELLY, 0000 YVETTE S. QUITNO, 0000 IAN R. SABLAD, 0000 KEITH A. SKINNER, 0000 ALLEN C. RABAYDA, 0000 *CINDY K. SABO, 0000 THOMAS J. SKROCKI, 0000 WILLIAM M. RADER III, 0000 AMIN Y. SAID, 0000 GARY C. SLACK, 0000 CRAIG F. RADL, 0000 JOEL A. SAKURA, 0000 DENETTE L. SLEETH, 0000 BRYAN P. RADLIFF, 0000 SARA J. SALANSKY, 0000 MARK A. SLIMKO, 0000 JOHN G. RAHILL, 0000 JOSEPH M. SALECK, 0000 THOMAS G. SLOAN, 0000 CARL W. RAHN, 0000 LESLEE J. SALECK, 0000 ANDREW J. SMITH, 0000 ALARIC D. RAINEY, 0000 *STEPHEN P. SALES, 0000 BEVERLY L. SMITH, 0000 TODD G. RAIRDAN, 0000 WILLIAM S. SALINGER, 0000 BRIAN D. SMITH, 0000 ANTHONY J. RAKUS, 0000 WILLIAM B. SALKIND, 0000 BRIAN G. SMITH, 0000 LIONEL L. RAMOS, 0000 RUSSELL S. SALLEY, 0000 BRUCE M. SMITH, 0000 STEVEN T. RAMSAY, 0000 SCOTT M. SALMON, 0000 COLLIN B. SMITH, 0000 JOHN F. RAQUET, 0000 MARISSA C. SALVADOR, 0000 COURTNEY V. SMITH, 0000 JOSEPH R. RARICK, 0000 *JAIME SAMPAYO, 0000 DANA J. SMITH, 0000 BENJAMIN A. RASGORSHEK, 0000 DAVID M. SAMPSON, 0000 DAVID P. SMITH, 0000 KAREN S. RASMUSSEN, 0000 *DAVID A. SANDBERG, 0000 DEVIN E. SMITH, 0000 RICHARD J. RASMUSSEN, 0000 JIMMIE L. SANDERS, 0000 DOUGLAS S. SMITH, 0000 GRIFFIN L. RATLEY, JR., 0000 RALPH A. SANDFRY, 0000 JAMES B. SMITH, 0000 JON C. RATZ, 0000 RONALD J. SANTORO, 0000 JAMES E. SMITH, 0000 THOMAS R. RAULS, 0000 *ISRAEL J. SANTOS, 0000 *JAMES R. SMITH, JR., 0000 FLOYD C. RAVEN, JR., 0000 JAIME SANTOS, 0000 JEFFREY M. SMITH, 0000 ERIC D. RAY, 0000 MICHAEL E. SANTOS, 0000 KATHRYN B. SMITH, 0000 WILLIAM F. RAYNER, 0000 SUSAN S. SANTOS, 0000 KIRK W. SMITH, 0000 CAROL L. RAYOS, 0000 CHRISTOPHER M. SARTORIUS, 0000 LINDA D. SMITH, 0000 RICHARD C. RECKER, 0000 BRIAN L. SASSAMAN, 0000 MAURY J. SMITH, 0000 CYNTHIA A. REDELSPERGER, 0000 GREGORY W. SAVA, 0000 RANDALL S. SMITH, 0000 EDWIN H. REDMAN, 0000 TAMMY M. SAVOIE, 0000 REGINALD R. SMITH, 0000 MARK A. REDMON, 0000 GLEN A. SAVORY, 0000 STELLA T. SMITH, 0000 ROGER C. REDWOOD, 0000 RHON R. SAY, 0000 WILLIAM T. SMITH, 0000 RANDALL REED, 0000 BONNIE A. SAYLOR, 0000 MATTHEW C. SMITHAM, 0000 JAMES A. REES, 0000 VINCENT J. SCANNELLI, 0000 KERRY J. SMITHERS, 0000 *DAVID L. REESE, 0000 ANTHONY SCELSI, 0000 *RANDALL N. SMITHSON, 0000 *STEVEN B. REESE, 0000 ROD B. SCHACK, 0000 FRANKLIN W. SMYTH, 0000 JON A. REESMAN, 0000 MICHAEL A. SCHAEFBAUER, 0000 LAUREL A. SMYTH, 0000 FRED E. REEVES, 0000 ELLEN MARIE SCHAFF, 0000 JOHN H. SNELLING, JR., 0000 DAVID J. REGA, 0000 GEORGE W. SCHANTZ, JR., 0000 MARK W. SNIDER, 0000 KATHY G. REIGSTAD, 0000 PAUL A. SCHANTZ, 0000 BRIAN M. SNIPPEN, 0000 CHARLENE H. REITH, 0000 MICHAEL P. SCHAUB, JR., 0000 GORDON D. SNOW, 0000 *ADAM S. REMALY, 0000 LYNN I. SCHEEL, 0000 *EILEEN M. SNYDER, 0000 *DOREEN F. REMIGIO, 0000 GEORGE J. SCHERER, 0000 JUDY A. SNYDER, 0000 TERRI A. RENSCH, 0000 RAYMOND D. SCHERR, 0000 KATHERINE O. SNYDER, 0000 MARK E. RESSEL, 0000 JOSEPH H. SCHERRER, 0000 WILLIAM H. SNYDER, 0000 *DEBORAH C. REY, 0000 KEVIN J. SCHIELDS, 0000 TIMOTHY J. SODERHOLM, 0000 KEVIN M. RHOADES, 0000 PAMELLA A. SCHILLAR, 0000 PETER M. SOLIE, 0000 RONDALL R. RICE, 0000 DANA R. SCHINDLER, 0000 JEFFREY L. SORENSEN, 0000 *DONALD D. RICHARDSON, 0000 MICHAEL N. SCHLACTER, 0000 RHONDA M. SOTO, 0000 MICHAEL P. RICHMOND, 0000 DAVID M. SCHLOSSER, 0000 MOSELEY O. SOULE, JR., 0000 GAYLON R. RICHTER, 0000 MYRON L. SCHLUETER, 0000 STEVEN V. SOUTHWELL, 0000 PAULA R. RICK, 0000 KIRK T. SCHMIERER, 0000 STEVEN N. SPANOVICH, 0000 *KENNETH D. RICKERT, 0000 GARY J. SCHNEIDER, 0000 STEVEN J. SPECKHARD, 0000 JAMES E. RICKMAN, 0000 *NEAL W. SCHNEIDER, 0000 FAY T. SPELLERBERG, 0000 BRADLEY T. RIDDLE, 0000 JOHN M. SCHOOT, 0000 THOMAS R. SPELLMAN, 0000 DAVID T. RIDDLE, 0000 KARY R. SCHRAMM, 0000 MERRICE SPENCER, 0000 KAREN L. RIEDE, 0000 JEFFREY C. SCHROEDER, 0000 MICHAEL M. SPENCER, 0000 JOHN J. RIEHL, 0000 BARTON B. SCHUCK, 0000 RON L. SPERLING, 0000 *JOHN D. RIGGINS, 0000 RAYMOND C. SCHULTE, 0000 *MARK D. SPERRY, 0000 KENNETH J. RIHA, 0000 GREGORY W. SCHULTZ, 0000 RICHARD K. SPILLANE, 0000 EDWARD J. RIMBACK, 0000 ROBIN L. SCHULTZE, 0000 STACEE N. SPILLING, 0000 THOMAS J. RINEY, 0000 JEFFREY K. SCHWEFLER, 0000 GARY M. SPILLMAN, 0000 LUIS A. RIOS, 0000 KARL E. SCHWEHM, 0000 JUDITH K. SPOERER, 0000

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*THOMAS R. SPONGBERG, 0000 ROSEMARY L. THORNE, 0000 CHARLES N. WEST, 0000 DARREN D. SPRUNK, 0000 JENNIFER J. THORPE, 0000 DANE P. WEST, 0000 TIMOTHY A. STACEY, 0000 KEVIN J. THRASH, 0000 * STEVEN E. WEST, 0000 JEFFREY F. STAHA, 0000 RICHARD G. THUERMER, 0000 WILLIAM P. WEST, 0000 WILLIAM A. STAHL, JR., 0000 PAUL W. TIBBETS IV, 0000 FREDERICK H. WESTON, 0000 MARK J. STALNAKER, 0000 THOMAS J. TIMMERMAN, 0000 SEABORN J. WHATLEY III, 0000 *CRAIG S. STANALAND, 0000 DANIEL W. TIPPETT, 0000 JOLEEN M. WHEELER, 0000 DAVID W. STANEK, 0000 *DAVID TOBAR, 0000 PAUL A. WHEELESS, 0000 TIMOTHY R. STANEK, 0000 PAUL D. TOBIN, 0000 AUBREY D. WHITE, 0000 ROBERT W. STANLEY II, 0000 SCOTT D. TOBIN, 0000 KENT B. WHITE, 0000 JAMES Z. STATEN, 0000 *KATHLEEN F. TODD, 0000 * FRANK A. WHORTON, 0000 JAMES P. STAVER, 0000 MICHAEL A. TODD, 0000 * NICOLE M. WICKHAM, 0000 ANTHONY T. STECKLER, 0000 LANCE S. TOKUNAGA, 0000 RICHARD T. WICKUM, 0000 KEVIN M. STEFFENSON, 0000 LESA K. TOLER, 0000 RONALD J. WIECHMANN, 0000 STEPHEN R. STEINER, 0000 WADE G. TOLLIVER, 0000 STEVEN W. WIGGINS, 0000 NANCY S. STEPANOVICH, 0000 KAREN L. TORRACA, 0000 CRAIG A. WILCOX, 0000 DEAN A. STEPHENS, 0000 ANMY D. TORRES, 0000 ZACHARY W. WILCOX, 0000 MICHAEL J. STEPHENS, 0000 RAYMOND G. TOTH, 0000 PETER B. STERNS, 0000 CHRISTIAN T. TOTTEN, 0000 DWAYNE B. WILHITE, 0000 KAREN E. STEVENS, 0000 GREGORY J. TOUSSAINT, 0000 SHEILA H. WILHITE, 0000 MICHAEL D. STEVENS, 0000 GAVIN B. TOVREA, 0000 HENRY T. WILKENS, JR, 0000 PAUL F. STEVENS, 0000 TIMOTHY J. TRAUB, JR., 0000 JOHN M. WILKENS, 0000 JOHN S. STEWART, 0000 JEROME T. TRAUGHBER, 0000 BRIAN A. WILKEY, 0000 SCOTT M. STEWART, 0000 PETER J. TREMBLAY, 0000 * SCOTT J. WILKOV, 0000 SUSAN STEWART, 0000 LARRY J. TRENT, 0000 ALLAN D. WILL, 0000 THOMAS J. STEWART, 0000 *NANETTE L. TREVINO, 0000 * BRUCE W. WILLETT, 0000 PATRICIA MAULDIN STINER, 0000 RICK J. TRINKLE, 0000 * ANDREW S. WILLIAMS, 0000 JEFFREY A. STINSON, 0000 *JEFFREY D. TRIPP, 0000 ANTHONY B. WILLIAMS, 0000 BRIAN A. STIVES, 0000 LISA M. TUCKER, 0000 CHARLES E. WILLIAMS, 0000 *RENE STOCKWELL, 0000 PIERCE E. TUCKER, 0000 DALE R. WILLIAMS, 0000 ALESSANDRA STOKSTAD, 0000 DONALD J. TUMA, 0000 FREDERICK D. WILLIAMS, 0000 BRYAN M. STOKSTAD, 0000 *GREGORY H. TUREAUD, 0000 JAMES B. WILLIAMS, 0000 JULIE M. STOLA, 0000 DANIEL J. TURNER, 0000 KENNETH A. WILLIAMS, 0000 MICHAEL A. STOLT, 0000 WESLEY A. TUTT, 0000 * LINDA A. WILLIAMS, 0000 *JEFFERY A. STONE, 0000 RUSSELL J. TUTTY, 0000 LYNDON J. WILLIAMS, 0000 KEVIN J. STONE, 0000 *DONALD L. TWYMAN, JR., 0000 MARK C. WILLIAMS, 0000 JOHN J. STOREY, 0000 THOMAS W. TYSON, 0000 MARK D. WILLIAMS, 0000 *JENNIFER C. STOUT, 0000 BLAKE P. UHL, 0000 * MICHAEL R. WILLIAMS, 0000 TODD J. STOVALL, 0000 JOHN F. UKLEYA, JR., 0000 NEICKO C. WILLIAMS, 0000 MICHAEL R. STRACHAN, 0000 SCOTT G. ULRICH, 0000 ROBERT T. WILLIAMS, JR., 0000 RUSSELL F. STRASBURGER III, 0000 WILLIAM K. UPTMOR, 0000 ROBIN B. WILLIAMS, 0000 ROBERT M. STRESEMAN, 0000 STEVEN J. URSELL, 0000 STEPHEN C. WILLIAMS, 0000 ROBERT M. STRICKLAND, JR., 0000 DAVID E. UVODICH, 0000 MICHAEL D. WILLIAMSON, 0000 DOUGLAS E. STROPES, 0000 SANTIAGO A. VACA, 0000 JOHNDAVID W. WILLIS, 0000 CARL A. STRUCK, 0000 JOHN M. VAIL, 0000 MATTHEW B. WILLIS, 0000 TIMOTHY A. STRUSZ, 0000 PAUL J. VALENZUELA, 0000 DANIEL A. WILLSON, JR., 0000 ERIK A. STRYKER, 0000 HOVE JOHN C. VAN, 0000 ALEXANDER M. WILSON, 0000 *JOHN W. STUBLAR, 0000 ZUIDEN TRACY L. VAN, 0000 BETH L. WILSON, 0000 JOSEPH L. STUPIC, 0000 GREGG D. VANDERLEY, 0000 CHRISTOPHER S. WILSON, 0000 JAMES G. STURGEON, 0000 SAMUEL B. VANDIVER, 0000 KELCE S. WILSON, 0000 JAMES A. STURIM, 0000 DALE J. VANDUSEN, 0000 KIRK G. WILSON, 0000 ANTONIO R. SUKLA, 0000 STEPHEN E. VANGUNDY, 0000 * MONTE S. WILSON, 0000 ANNATA RAE SULLIVAN, 0000 BRUCE J. VANREMORTEL, 0000 WILLIAM F. WILSON, 0000 JEFFRY W. SULLIVAN, 0000 DAVID A. VANVELDHUIZEN, 0000 GLENN J. WINCHELL, 0000 WILLIAM C. SUMMERS, 0000 JOHN E. VARLJEN, 0000 STEVEN E. WINNER, 0000 DARRYL J. SUMRALL, 0000 *MICHAEL G. VECERA, 0000 MICHAEL F. WINTHROP, 0000 *CHRISTOPHER MARC SUPERNOR, 0000 *BILLY R. VENABLE, JR., 0000 RICHARD E. SURDEL, 0000 MATTHEW L. VENZKE, 0000 ERIC C. WINTON, 0000 ROGER P. SURO, 0000 *RAFAEL VILA, 0000 MICHAEL N. WIRSTROM, 0000 ROBERT V. SURPRENANT, 0000 RUBEN VILLA, 0000 RICHARD J. WISSLER, JR, 0000 RICHARD J. SUSAK, JR., 0000 ROMMEL B. C. VILLALOBOS, 0000 THOMAS J. WITTERHOLT, 0000 SONIA J. SUTHERLAND, 0000 *JERRY A. VILLARREAL, 0000 JEROME E. WIZDA, 0000 JEFFREY L. SWANSON, 0000 TERRY W. VIRTS, 0000 THOMAS E. WOLCOTT, 0000 ROBERT C. SWARINGEN II, 0000 KURT A. VOGEL, 0000 CAROLYN E. WOLFER, 0000 DAWN MARIE SWEET, 0000 ROBERT J. VOLPE, 0000 JOSEPH L. WOLFER, 0000 MARK S. SWEITZER, 0000 CONSTANCE M. VONHOFFMAN, 0000 JOHN C. WOMACK, 0000 MARK F. SWENTKOFSKE, 0000 BENEDICT R. VOTIPKA, 0000 CHRISTOPHER L. WOOD, 0000 STEFANIE A. SWIDER, 0000 *FRED N. WACKYM III, 0000 DAVID M. WOOD, 0000 MICHAEL A. SWIFT, 0000 MARK I. WADE, 0000 JOHN M. WOOD, 0000 MARK J. SYNOVITZ, 0000 JAMES D. WAGGLE, 0000 ROBERT L. WOOD, 0000 THADDEUS D. SZRAMKA, JR., 0000 JAMES D. WAGNER, 0000 STEPHEN D. WOOD, 0000 *ANGELA D. TADY, 0000 MARGARET M. WAGNER, 0000 * WILLIAM R. WOOD, 0000 CHRISTIAN J. TAFNER, 0000 RAYMOND J. WAGNER, 0000 RIPLEY E. WOODARD, 0000 BRET C. TALBOTT, 0000 ALLAN P. WAITE, JR., 0000 ANDREW D. WOODROW, 0000 JEFFREY B. TALIAFERRO, 0000 CHARLES E. WAITS, 0000 THOMAS L. WOODS, 0000 KEVIN C. TALIAFERRO, 0000 TRESSIE L. WALDO, 0000 * JAMES R. WOODSON, 0000 MARK S. TALPAS, 0000 ELIZABETH S. WALDROP, 0000 JOHN G. WORLEY, 0000 KERRY L. TARR, 0000 CURTIS D. WALKER, 0000 TODD A. WORMS, 0000 ALLEN D. TATE, 0000 DAVID W. WALKER, 0000 CHARLES A. WRIGHT, 0000 KATHRYN FORREST TATE, 0000 JOHN M. WALKER, 0000 CYNTHIA K. WRIGHT, 0000 TRENT J. TATE, 0000 JON W. WALKER, 0000 JACK D. WRIGHT, JR., 0000 EDWARD E. TATGE, 0000 WILLIAM N. WALKER, 0000 KURTIS L. WRIGHT, 0000 KENNETH R. TATUM, JR., 0000 SCOTT F. WALTER, 0000 PATRICK W. WRIGHT, 0000 CHARLES M. TAYLOR, 0000 VALERIE J. WALTER, 0000 SAMUEL A. WRIGHT, 0000 *CHARLES R. TAYLOR, 0000 JERROLD A. WANGBERG, 0000 JOHN D. WROTH, 0000 HAROLD A. TAYLOR, JR., 0000 DOUGLAS K. WANKOWSKI, 0000 ANTHONY J. WURMSTEIN, 0000 JOSEPH A. TAYLOR, JR., 0000 ANTHONY W. WANN, 0000 JAMES E. WURZER, 0000 KAREN L. TAYLOR, 0000 DEAN A. WARD, 0000 CHRISTOPHER M. WYATT, 0000 MICHAEL T. TAYLOR, 0000 PAUL F. WARD, 0000 *MATTHEW C. WYATT, 0000 SYLVIA C. TAYLOR, 0000 WILLIAM W. WARD, 0000 TROY YAMAGUCHI, 0000 *TISHLYN ESTELLE TAYLOR, 0000 HERBERT N. WARDEN IV, 0000 FRANK D. YANNUZZI, JR., 0000 SCOTT G. TENNENT, 0000 JOHN A. WARDEN IV, 0000 EDITH J. YASSO, 0000 *DEVONNIA MARIA TENTMAN, 0000 ELAINE R. WASHINGTON, 0000 JOSEPH E. YATES, 0000 GARIN P. TENTSCHERT, 0000 MICHAEL E. WASHINGTON, 0000 MONIQUE M. YATES, 0000 MICHAEL K. TEPLEY, JR., 0000 ALFRED E. WASSEL, 0000 MARYANNE C. YIP, 0000 KEVIN M. TESSIER, 0000 PERNELL B. WATSON, 0000 DAVID L. YOCKEY, 0000 GARY M. TESTUT, 0000 CHRISTIAN G. WATT, 0000 *JON E. YOST, 0000 JOHN R. THAYER, 0000 KATHLEEN E. WEATHERSPOON, 0000 ANTHONY C. YOUNG, 0000 KIM E. THEIN, 0000 ROBERT F. WEAVER II, 0000 CHRISTOPHER L. YOUNG, 0000 DAMON M. THEMELY, 0000 RICHARD E. WEBB, JR., 0000 GEORGETTE J. YOUNG, 0000 THEO THEODOR, JR., 0000 BRUCE S. WEBER, 0000 RICHARD A. YOUNG, 0000 DONALD G. THIBEAULT, 0000 GREGORY A. WEBER, 0000 TODD M. YOUNG, 0000 DAVID T. THIBODEAUX, 0000 * MICHAEL H. WEEMS, 0000 GARY L. YOUNT, 0000 BOB F. THOENS, 0000 TERI L. WEIDE, 0000 GREGORY J. YUEN, 0000 DAVID E. THOLE, 0000 BRIAN D. WEIDMANN, 0000 CURTIS J. ZABLOCKI, 0000 JOAN M. THOLE, 0000 LESTER A. WEILACHER, 0000 TIMOTHY ZADZORA, 0000 ANTHONY J. THOMAS, 0000 MONTE T. WEILAND, 0000 JEFFREY M. ZELLER, 0000 DWAYNE E. THOMAS, 0000 KIRK K. WEISSENFLUH, 0000 *MICHELE R. ZELLERS, 0000 JACQUELINE D. THOMAS, 0000 BRIAN L. WELCH, 0000 *PATRICK L. ZEMAN, 0000 *TRENT A. THOMAS, 0000 PATRICK T. WELCH, 0000 JAMES P. ZEMOTEL, 0000 GREGORY F. THOMPSON, 0000 CHRISTOPHER M. WELLBORN, 0000 KAREN K. ZEPP, 0000 HOLLY E. THOMPSON, 0000 ROBERT G. WELLINGTON, 0000 *GARY J. ZICCARDI, 0000 JENNIFER THOMPSON, 0000 JASON S. WERCHAN, 0000 MICHAEL P. ZICK, 0000 RICKY L. THOMPSON, 0000 DARA C. WERNER, 0000 MICHAEL J. ZIGAN, 0000 STEPHEN B. THOMPSON, 0000 DAWN D. WERNER, 0000 MARK A. ZIMMERHANZEL, 0000 RANDALL L. THOMSEN, 0000 JOHN F. WERNER, 0000 DAVID R. ZOOK, 0000 JEFFREY S. THORBURN, 0000 STEVEN W. WESSBERG, 0000 MICHAEL J. ZUBER, 0000

VerDate Mar 15 2010 23:32 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 4637 Sfmt 9801 E:\2000SENATE\S25AP0.REC S25AP0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2888 CONGRESSIONAL RECORD — SENATE April 25, 2000

IN THE ARMY ROBBIE GRIGGS, JR., 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID B. GROVES, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SCOTT T. HANSEN, 0000 UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES ARMY JAMES J. HORZEMPA, 0000 AND FOR REGULAR APPOINTMENT IN THE MEDICAL STEVE E. HOWELL, 0000 To be lieutenant commander SERVICE CORPS (MS) UNDER TITLE 10, U.S.C., SECTIONS FREDERICK D. HYDEN, 0000 531, 624, AND 3064: KRISTEN S. KARNETSKY, 0000 CHARLES A. ARMIN, 0000 JOHN M. LITTLE, 0000 STEPHEN L. COOLEY, 0000 To be major BRYAN M. MAKI, 0000 DONALD C. DRAPER, 0000 MANESTER Y. BRUNO, 0000 MS JEFFREY C. MC CARTNEY, 0000 DOUGLAS W. HEILMAN, 0000 WILLIE E. MC COY, 0000 MARK D. PYLE, 0000 IN THE MARINE CORPS MICHAEL T. MC GLYNN, 0000 THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR ROBERT F. MC KINNEY, JR, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE WILLIAM H. MC NUTT, 0000 f UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., TODD P. OHMAN, 0000 SECTION 624: JOHN A. POLANCO, 0000 JAIME J. QUINONESGONZALEZ, 0000 WITHDRAWAL To be major RICHARD K. ROHR, 0000 WALTER SHIHINSKI, 0000 DEBRA A. ANDERSON, 0000 JOSE E. SIMONSON, 0000 Executive message transmitted by JOHN C. ANNESS, 0000 CARL G. SMALL, 0000 DIEGO J. BARELA, 0000 the President to the Senate on April 25, MICHAEL A. VALADEZ, 0000 MICHAEL E. BEAN, 0000 KATHY L. VELEZ, 0000 2000, withdrawing from further Senate RICHARD D. BETSINGER, 0000 BRUCE T. VINCENT, 0000 MARSHALL R. BOURGEOIS, 0000 consideration the following nomina- ROBERT M. WELBORN, 0000 LAWRENCE D. BUTTS, 0000 SCOTT C. WHITNEY, 0000 tion: ROBERT J. CORNELIUS, 0000 JORGE E. CRISTOBAL, 0000 IN THE NAVY DEPARTMENT OF STATE TIMOTHY D. EATON, 0000 ROBERT D. ELLIS, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THOMAS P. FUREY, OF OREGON, A CAREER MEMBER OF DONALD Q. FINCHAM, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- ERIC H. FOLSOM, 0000 UNDER TITLE 10, U.S.C., SECTION 624: COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND STEVEN P. GEORGE, 0000 To Be Lieutenant Commander PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA JAMES E. GLICK, 0000 TO THE KINGDOM OF NEPAL, WHICH WAS SENT TO THE CURTIS L. GOYETTE, 0000 THOMAS B. LEE, JR., 0000 SENATE ON MARCH 2, 2000.

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