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

Vol. 145 WASHINGTON, FRIDAY, JUNE 18, 1999 No. 87 House of Representatives The House met at 9 a.m. S. Con. Res. 40. Concurrent resolution com- gun shows, and for other purposes, with The Chaplain, Reverend James David mending the President and the Armed Forces Mr. THORNBERRY in the chair. Ford, D.D., offered the following pray- for the success of Operation Allied Force. The Clerk read the title of the bill. er: The message also announced that The CHAIRMAN. When the Com- You have given us Your word, gra- pursuant to Public Law 96–388, as mittee of the Whole rose on the legisla- cious God, that You are with us in all amended by Public Law 97–84, the tive day of Thursday, June 17, 1999, a the moments of life. Those times when Chair, on behalf of the President pro request for a recorded vote on amend- we are filled with exaltation and won- tempore, appoints the following Sen- ment number 5 printed in Part B of der and joy and those times when we ators to the United States Holocaust House Report 106–186 by the gentleman feel the pressures of life that cause Memorial Council— from Florida (Mr. MCCOLLUM) had been anxiety and worry. the Senator from Utah (Mr. HATCH); postponed. We pray, O loving God, that we would the Senator from Alaska (Mr. MUR- It is now in order to consider amend- be surrounded by Your gracious spirit KOWSKI); and ment number 6 printed in Part B of and strengthened by Your mighty the Senator from Michigan (Mr. House report 106–186. hand. Help us to turn away from only ABRAHAM). AMENDMENT NO. 6 OFFERED BY MR. DAVIS OF our private interests and see instead f VIRGINIA how we can help and support others Mr. DAVIS of Virginia. Mr. Chair- through our friendship, our concerns REMOVAL OF NAME OF MEMBER man, I offer an amendment. and our love. AS COSPONSOR OF HOUSE RESO- The CHAIRMAN. The Clerk will des- In Your name we pray. Amen. LUTION 853 ignate the amendment. f Mr. HOBSON. Mr. Speaker, I ask The text of the amendment is as fol- unanimous consent to have my name lows: THE JOURNAL removed as cosponsor of H.R. 853. Part B amendment No. 6 offered by Mr. The SPEAKER. The Chair has exam- The SPEAKER. Is there objection to DAVIS of Virginia: ined the Journal of the last day’s pro- the request of the gentleman from At the end of the bill, insert the following: ceedings and announces to the House Ohio? TITLE ll—CHILD HANDGUN SAFETY his approval thereof. There was no objection. SEC. ll1. SHORT TITLE. Pursuant to clause 1, rule I, the Jour- f This title may be cited as the ‘‘Safe Hand- nal stands approved. gun Storage and Child Handgun Safety Act ANNOUNCEMENT BY THE SPEAKER f of 1999’’. The SPEAKER. The Chair today will SEC. ll2. PURPOSES. PLEDGE OF ALLEGIANCE entertain 1-minutes at the end of legis- The purposes of this title are as follows: The SPEAKER. Will the gentle- lative business. (1) To promote the safe storage and use of woman from New York (Mrs. MALONEY) f handguns by consumers. come forward and lead the House in the (2) To prevent unauthorized persons from gaining access to or use of a handgun, in- Pledge of Allegiance. MANDATORY GUN SHOW BACKGROUND CHECK ACT cluding children who may not be in posses- Mrs. MALONEY of New York led the sion of a handgun, unless it is under one of Pledge of Allegiance as follows: The SPEAKER. Pursuant to House the circumstances provided for in the Youth I pledge allegiance to the Flag of the Resolution 209 and rule XVIII, the Handgun Safety Act. United States of America, and to the Repub- Chair declares the House in the Com- (3) To avoid hindering industry from sup- lic for which it stands, one nation under God, mittee of the Whole House on the State plying law abiding citizens firearms for all indivisible, with liberty and justice for all. of the Union for the further consider- lawful purposes, including hunting, self-de- f ation of the bill, H.R. 2122. fense, collecting and competitive or rec- reational shooting. MESSAGE FROM THE SENATE b 0903 SEC. ll3. FIREARMS SAFETY. A message from the Senate by Mr. IN THE COMMITTEE OF THE WHOLE (a) UNLAWFUL ACTS.— Lundregan, one of its clerks, an- Accordingly, the House resolved (1) MANDATORY TRANSFER OF SECURE GUN STORAGE OR SAFETY DEVICE.—Section 922 of nounced that the Senate had passed a itself into the Committee of the Whole title 18, United States Code, is amended by concurrent resolution of the following House on the State of the Union for the inserting after subsection (y) the following: title, in which the concurrence of the further consideration of the bill (H.R. ‘‘(z) SECURE GUN STORAGE OR SAFETY DE- House is requested: 2122) to require background checks at VICE.—

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

H4619

. H4620 CONGRESSIONAL RECORD — HOUSE June 18, 1999 ‘‘(1) IN GENERAL.—Except as provided in ‘‘(ii) subject the licensee to a civil penalty nificant public health threat that has paragraph (2), it shall be unlawful for any li- in an amount equal to not more than $2,500. to be addressed. censed manufacturer, licensed importer, or ‘‘(B) REVIEW.—An action of the Secretary The fact is that children are inquisi- licensed dealer to sell, deliver, or transfer under this paragraph may be reviewed only tive and adept at finding those things any handgun to any person other than any as provided in section 923(f). in the house that are dangerous. These person licensed under the provisions of this ‘‘(2) ADMINISTRATIVE REMEDIES.—The sus- chapter, unless the transferee is provided pension or revocation of a license or the im- dangers can vary from household prod- with a secure gun storage or safety device, as position of a civil penalty under paragraph ucts to prescription medicines and even described in section 921(a)(34), for that hand- (1) does not preclude any administrative guns. Now, we have put child safety gun. remedy that is otherwise available to the caps on medicine, we have encouraged ‘‘(2) EXCEPTIONS.—Paragraph (1) does not Secretary.’’. parents to lock up household chemi- apply to the— (c) MODIFICATION OF DEFINITION OF SECURE cals, but gun safety in the home has ‘‘(A)(i) manufacture for, transfer to, or pos- GUN STORAGE OR SAFETY DEVICE.—Section been lacking. session by, the United States or a State or a 921(a)(34) of title 18, United States Code, is In a 1995 study, the Archives of Pedi- department or agency of the United States, amended— atric and Adolescent Medicine found or a State or a department, agency, or polit- (1) by striking ‘‘or’’ at the end of subpara- ical subdivision of a State, of a handgun; or graph (B); that children as young as 3 are strong ‘‘(ii) transfer to, or possession by, a law en- (2) by striking the period at the end of sub- enough to fire most commercially forcement officer employed by an entity re- paragraph (C) and inserting ‘‘; or’’; and available handguns. Having three chil- ferred to in clause (i) of a handgun for law (3) by adding at the end the following: dren of my own, I can testify to the dif- enforcement purposes (whether on or off ‘‘(D) a device that is easily removable from ficulty of telling a 3-year-old not to duty); or a firearm and that, if removed from a fire- play with something. ‘‘(B) transfer to, or possession by, a rail po- arm, is designed to prevent the discharge of This amendment addresses the issue lice officer employed by a rail carrier and the firearm by any person who does not have of minimum handgun safety standards certified or commissioned as a police officer access to the device.’’. under the laws of a State of a handgun for by requiring that every handgun sold (d) LIABILITY; EVIDENCE.— has to include safe handgun storage or purposes of law enforcement (whether on or (1) LIABILITY.—Nothing in this title shall off duty); be construed to— an individual safety device. ‘‘(C) transfer to any person of a handgun (A) create a cause of action against any I have the enviable task today of of- listed as a curio or relic by the Secretary Federal firearms licensee or any other per- fering an amendment that has received pursuant to section 921(a)(13); or son for any civil liability; or strong support from almost every ‘‘(D) transfer to any person of a handgun (B) establish any standard of care. group that has weighed in on this de- for which a secure gun storage or safety de- (2) EVIDENCE.—Notwithstanding any other bate. In a few minutes, this House will vice is temporarily unavailable for the rea- provision of law, evidence regarding compli- be addressed by Republicans and Demo- sons described in the exceptions stated in ance or noncompliance with the amendments section 923(e): Provided, That the licensed crats, liberals and conservatives, and made by this title shall not be admissible as rural and urban Members who all will manufacturer, licensed importer, or licensed evidence in any proceeding of any court, dealer delivers to the transferee within 10 agency, board, or other entity, except with support this amendment. The manda- calendar days from the date of the delivery respect to an action to enforce paragraphs (1) tory transfer of safety devices has re- of the handgun to the transferee a secure and (2) of section 922(z), or to give effect to ceived equally strong support from gun storage or safety device for the handgun. paragraph (3) of section 922(z). groups outside the Congress as varied ‘‘(3) LIABILITY FOR USE.—(A) Notwith- (3) RULE OF CONSTRUCTION.—Nothing in this as Handgun Control and a coalition of standing any other provision of law, a person subsection shall be construed to bar a gov- who has lawful possession and control of a 35 gun manufacturers. Even the Na- ernmental action to impose a penalty under tional Rifle Association has said, ‘‘We handgun, and who uses a secure gun storage section 924(p) of title 18, United States Code, or safety device with the handgun, shall be support and encourage the distribu- for a failure to comply with section 922(z) of entitled to immunity from a civil liability tion, development and use of safety that title. action as described in this paragraph. locks, gun safes or any voluntary ‘‘(B) PROSPECTIVE ACTIONS.—A qualified The CHAIRMAN. Pursuant to House means necessary and appropriate to civil liability action may not be brought in Resolution 209, the gentleman from keep firearms away from or inoperable any Federal or State court. The term ‘quali- Virginia (Mr. DAVIS) and a Member op- by those who should not have them.’’ fied civil liability action’ means a civil ac- posed each will control 15 minutes. This amendment does precisely that tion brought by any person against a person The Chair recognizes the gentleman described in subparagraph (A) for damages by mandating the transfer of a secure from Virginia (Mr. DAVIS). gun storage or safety device while not resulting from the criminal or unlawful mis- Mr. DAVIS of Virginia. Mr. Chair- use of the handgun by a third party, where— mandating their use. ‘‘(i) the handgun was accessed by another man, I yield myself such time as I may It is estimated that today in the person who did not have the permission or consume. United States there are nearly 100 mil- authorization of the person having lawful Mr. Chairman, as we traverse this lion privately owned firearms that are possession and control of the handgun to very controversial mine field of gun stored unlocked. Of those, approxi- have access to it; and control legislation, I want to make mately 22 million are handguns that ‘‘(ii) at the time access was gained by the sure we do not lose sight of who this are kept loaded and unlocked. Alarm- person not so authorized, the handgun had bill is designed to protect. The simple ingly, the Centers for Disease Control been made inoperable by use of a secure gun and common-sense focus of my amend- storage or safety device. estimates that 24 percent of children ment is on preventing children from ages 10 to 17 can find and gain access to A ‘qualified civil liability action’ shall not becoming the intentional or accidental include an action brought against the person a firearm in their home. And 1.2 mil- having lawful possession and control of the victims of domestic handgun violence. lion elementary age schoolchildren re- handgun for negligent entrustment or neg- According to the National Center for turn to a home where no adult is ligence per se.’’. Health Statistics, each year nearly 500 present and there is at least one fire- (b) CIVIL PENALTIES.—Section 924 of title children are killed in gun-related acci- arm. 18, United States Code, is amended— dents. I remember last year going to a I would like to address a concern (1) in subsection (a)(1), by striking ‘‘or (f)’’ joint Eagle Scout ceremony. One of the that a number of gun owners have and inserting ‘‘(f), or (p)’’; and boys had died and was given post- raised. Some have claimed that using (2) by adding at the end the following: ‘‘(p) PENALTIES RELATING TO SECURE GUN humously his Eagle Scout award, and one of these devices will defeat the pur- STORAGE OR SAFETY DEVICE.— he had been killed by a handgun that pose of keeping a handgun in the house ‘‘(1) IN GENERAL.— had gone off while playing with a for self-defense by hindering access to ‘‘(A) SUSPENSION OR REVOCATION OF LI- friend at a friend’s house. the firearm when it is most needed. It CENSE; CIVIL PENALTIES.—With respect to Approximately 1,500 children commit is important to keep in mind that this each violation of section 922(z)(1) by a li- suicide with guns, 500 are killed in gun- amendment does not mandate use; that censed manufacturer, licensed importer, or related accidents and 5,000 are hospital- is still the choice of the gun owner. licensed dealer, the Secretary may, after no- tice and opportunity for hearing— ized with nonfatal gunshot wounds. Even if the safety device is used, most ‘‘(i) suspend for up to six months, or re- Additionally, some 7,000 juveniles use can be removed from the gun in a mat- voke, the license issued to the licensee under guns found in their homes to commit ter of seconds which, as Gun Test mag- this chapter that was used to conduct the crimes each year. These crimes are un- azine explains, conveniently preserves firearms transfer; or acceptably high and constitute a sig- access to guns for self-protection. June 18, 1999 CONGRESSIONAL RECORD — HOUSE H4621 In addition, always keeping guns my colleague for clarifying the defini- these devices in light of their own per- loaded for self-defense may be self-de- tion of gun safety devices to ensure sonal circumstances. But the amend- feating. It is estimated that a gun in that it incorporates new devices such ment makes it convenient for owners the home is 43 times more likely to kill as the safety hammer, which is not a to use the devices by ensuring that a family member than to kill in self- lock, but an integral part of a gun that every firearm purchased will come defense. can be removed to prevent unauthor- with one of them. I note today that 90 And finally, Mr. Chairman, the ized use. percent of dealers voluntarily provide a amendment also establishes criteria Mr. Chairman, this amendment may safety device when a firearm is pur- for the liability of a gun owner should not prevent every incident of gun vio- chased, and I applaud this sense of re- his or her handgun be used in an unlaw- lence, but it will save lives and it will sponsibility on their part. And the ful act. Over the past several days, my make the children of America safer. amendment will take care of the re- office has been deluged by calls from Child safety locks and other devices maining 10 percent who do not provide other Members’ offices regarding this can reduce the unauthorized use of such a device. issue of liability. Immunity from li- handguns by children at play or by Now, I would like to note that there ability is granted to any individual teens looking to commit crimes. Many has been some disagreement, argument who lawfully owns a handgun and who youth look no further than their own or whatever, and I have a little dis- uses a secured gun storage or safety de- homes to get their hands on a gun. It is appointment over a misunderstanding vice with the handgun. Additionally, estimated that a third of all privately regarding safety lock provisions that the gun owner is not liable if the hand- owned handguns are loaded and un- were in the bill I introduced, H.R. 2037. gun was accessed by another person locked. Sixteen States have already The bill that I introduced at that time, without the authorization of the lawful passed child safety laws. Every year, which is not here on the floor today owner. many children are fatally injured when and has nothing to do directly with the And finally immunity from liability a child finds a loaded pistol, removes amendment offered by the gentleman is also extended if at the time that the the ammunition magazine, and then from Virginia (Mr. DAVIS), expanded gun was accessed it was rendered inop- mistakenly believing the gun to be the definition of a gun safety device to erable by the use of a secure gun stor- empty, fires a bullet at his or her head include a removable hammer or striker age or safety device. or the head of a playmate. A magazine or device which, if removed, would pre- My intent in this amendment is that disconnect safety, a 50-cent device, vent a firearm from working. the liability provisions are specifically could prevent such tragedies. I took this language from two Demo- targeted to gun owners who have a rea- Just to give some examples: In Flor- cratic Members of Congress, H.R. 1342 ida in 1999, an 11-year-old boy got sonable expectation of having a child introduced by the gentlewoman from angry with his 13-year-old sister. He in their home. New York (Ms. MCCARTHY) and S. 716, a went to a closet at home, took out a This amendment does not try to bill introduced by Senator KOHL in the gun his parents kept there, and killed limit or address who can purchase a other body. his sister. The gun was in an unlocked handgun. It does not try to dictate the Mr. Chairman, I want to make it box and was next to the ammunition type or use of a handgun, and it cer- clear it was never my intention that and had no trigger guard. this provision be interpreted so that tainly does not try to limit the right of In Tennessee, in May of 1998, a 5- the hammer or some other part of an any legal adult from purchasing a year-old boy found a loaded gun on his ordinary firearm would qualify as a handgun. grandfather’s dresser and carried it to gun safety device just because it could In 1968, the Federal Government school threatening to kill his teacher be removed if somebody worked at it. mandated that every car sold in Amer- and classmates. In Cleveland in 1996, a But the reality is, we now have fire- ica had to be equipped with seat belts. 13-year-old boy took his father’s unse- arms with devices that have been in- Finally, in 1999, we can do the same for cured handgun and killed himself while handguns. I urge every Member to sup- playing Russian roulette. The city vented where one can literally remove port this very common-sense amend- prosecutor brought charges against the a pin, for example, from that, carry it ment. boy’s father for violating the city ordi- around on a key chain and put it back Mr. Chairman, I reserve the balance nance that prohibits minors from hav- in when one wants. The way the law reads now, the base of my time. ing access to a gun. Mrs. MALONEY of New York. Mr. The language that we have before us law, not anything that the gentleman Chairman, I ask unanimous consent to is similar to that that passed the Sen- from Virginia (Mr. DAVIS) is doing, a claim the time in opposition for debate ate. It passed the Senate by an over- safety device has to be attached. It is purposes, although I support the whelming vote of 78 to 20. This House something that is added, because that amendment. should do the same thing. I urge a is the definition in the law, rather than The CHAIRMAN. Is there objection ‘‘yes’’ vote on this amendment. something that can be removed from to the request of the gentlewoman Mr. Chairman, this amendment may not pre- the gun. from New York? vent every incident of gun violence, but it will It strikes me that it is going to be an There was no objection. save lives, and it will make our children safer. advance for the future and a conven- The CHAIRMAN. The gentlewoman Mr. Chairman, I reserve the balance ience for everyone and a very safe from New York (Mrs. MALONEY) is rec- of my time. thing to have guns that have these re- ognized for 15 minutes. Mr. DAVIS of Virginia. Mr. Chair- movable devices. Now, we may need to Mrs. MALONEY of New York. Mr. man, I yield 3 minutes to the gen- refine our definition more than some Chairman, I yield myself such time as tleman from Florida (Mr. MCCOLLUM). think this language did, that the two I may consume. Mr. MCCOLLUM. Mr. Chairman, I Democratic Members of Congress had Mr. Chairman, I rise in strong sup- thank the gentleman from Virginia for proposed, that I had suggested earlier. port of the amendment offered by the yielding me this time. I want to But we do not want in the future to in- gentleman from Virginia (Mr. DAVIS), strongly support this amendment. I hibit in any way the creativity of de- my good friend and colleague. This think all of us understand the dangers vices that would, indeed, be more con- amendment is a simple gun safety pro- of a handgun in the hands of a child; venient to use and, in fact, would be vision that will save the lives of nu- and a child safety lock, which is essen- more likely to be used so that children merous victims of gun violence each tially what this is, a safety lock actu- are protected and others are protected year. ally for anybody, being mandated to be from unintentional, dangerous uses of Mr. Chairman, 13 children in this produced and sold and given away actu- guns and firearms, because that is country die every day because of gun ally in this case with any gun that is what we are all about here today. violence, far, far more than have died sold by a gun dealer is a really good So, I applaud the gentleman from in Bosnia and Kosovo. We require idea and, in this case, one that I think Virginia for this amendment. I strong- childproof locks on aspirin bottles. It is is extremely beneficial. ly support it. It is the same language absurd that we do not require child This amendment allows firearms that is in the provisions in the other safety devices on handguns. I applaud owners to decide when it is best to use body that he is offering today. But I H4622 CONGRESSIONAL RECORD — HOUSE June 18, 1999 would hope that in the future we could This amendment mandates the trans- son who is less than 21 from purchasing look to ways that we could amend the fer of a safe gun storage or safety de- a handgun. The proponent of that current law definition of a safety de- vice with every sale or transfer of a walked off the floor of the House and vice for a handgun or gun so that we handgun by a licensed dealer. It does would not allow it even to be debated. could be certain that we have the most not mandate this on private sales. Last night I heard that we are pre- advanced technology available to pro- Thirty-five gun manufacturers have serving the gun shows. I am so glad to tect our children. pledged to start packing child safety be reeducated that a national treasure Ms. LOFGREN. Mr. Chairman, I ask devices with every firearm they sell. is America’s gun shows, when I thought unanimous consent to manage the time There is no mandate, as I say, to have that life and saving life was what we controlled by the gentlewoman from these done between private purchasers. were here to do. It is very interesting, New York (Mrs. MALONEY). There are some just abhorrent statis- as I look at the Davis amendment that The CHAIRMAN. Is there objection tics as to a need for this. I will ultimately support, but it sad- to the request of the gentlewoman The National Center for Health Sta- dens me because what happened last from California? tistics reports that each year approxi- night was to implode, to implode on There was no objection. mately 1,500 children commit suicide any reasonable support for gun safety Ms. LOFGREN. Mr. Chairman, I yield with a firearm. Think of it. On average and children’s safety. 2 minutes to the gentleman from Ten- two children under the age of 17 are The National Rifle Association and nessee (Mr. CLEMENT). killed unintentionally by a handgun the gun owners of America knew what Mr. CLEMENT. Mr. Chairman, I rise every day. they were doing. They knew that they today in strong support of the Davis This amendment is not about gun would be allowing 17,000 criminals to amendment. control. What it does is address a very get guns in their hands. They knew The second amendment of the Con- they were arguing against 400,000 peo- stitution guarantees American citizens serious public health and public safety issue. It is estimated that 11 percent of ple who were criminally inclined, who the right to keep and bear arms, and I did not get guns because of the Brady believe we in Congress have a duty to the juveniles who commit violent crimes with a firearm used a gun found bill. And they knew that they were protect that right. But I also believe trampling on the Constitution and the that we have a duty to keep firearms in their own home. Think of what the parents will do when that accident hap- second amendment, because as I heard out of the hands of children and dan- my colleague say this morning, this is gerous criminals. pens. They will never forget it from that day to their death. And we need to gun safety, this Davis amendment. This is not an issue of gun control, it This is not violating the second amend- is an issue of gun safety. This amend- have these locks because we need to protect the children of America. At ment; this is not gun control. ment simply requires that a secure gun Those same arguments could have least 55 percent of the handguns are storage or safety device be included been used for the McCarthy amend- stored unlocked; 34 percent are left un- with the sale of a handgun. It in no ment. way infringes upon the rights of law- locked and loaded. That is, of course, a I went to the Committee on Rules abiding citizens to keep and bear arms. very stupid parent, to say the least. and I had the same amendment that In fact, it does not even require gun Now, as I mentioned, the other body the gentleman from Virginia had. Al- owners to use a safety device. If they has adopted this language. We should most the same amendment, as did oth- want to, people can buy a handgun, adopt the Davis amendment. It is long ers, along with the gentlewoman from overdue. take it home, stick the trigger lock Indiana (Ms. CARSON) and the gentle- that came with it in a drawer, and Ms. LOFGREN. Mr. Chairman, I yield woman from California (Ms. 5 minutes to the gentlewoman from allow it to gather dust. MILLENDER-MCDONALD). I asked if But if a person wants to have a gun Texas (Ms. JACKSON-LEE), a member of Democrats and Republicans had simi- in their home to protect themselves, the committee. lar legislation and initiatives, could we their families and their property, this Mr. DAVIS of Virginia. Mr. Chair- be joined together in a bipartisan man- simple trigger locking device will allow man, I yield 10 seconds to the gentle- ner. Sadly, that was not the response. them to have a gun without fear that a woman from Texas (Ms. JACKSON-LEE). So, Mr. Chairman, I come to support child will find that gun and either acci- Ms. JACKSON-LEE of Texas. Mr. the Davis amendment. But, frankly, we dentally or intentionally hurt them- Chairman, I thank the gentlewoman will not have gun safety today and we selves or others. This approach will from California (Ms. LOFGREN) for will not have child safety. We will not provide parents with another way to yielding me this time. Mr. Chairman, it save lives. We are not concerned about keep their children safe, if they choose looks like we just saw each other a few the 13 children that die every day. And to use it. And I believe all of us are in hours ago. But this is an important de- we will not have a full debate address- favor of greater parental involvement bate, and I have a great deal of respect ing the type of the tragedies that have in their children’s lives. for my friend, the gentleman from Vir- happened of the urban centers where This is not an attempt to whittle ginia (Mr. DAVIS). children have died from gun violence, away at the rights of gun owners. This I know that we always say when it where I worked on antigang measures is an effort to protect gun owners from helps us, we will acknowledge that we some 10 years ago, where the State of being blamed for the actions of others went to the same law school, and when Texas, known for its love of guns, who can gain access to their firearms it does not, we will not. I thank him passed a gun safety and responsibility without their knowledge. We have for his leadership on this legislation. law that was based on my ordinance child safety locks on cigarette lighters Mr. Chairman, I would like to explain that I wrote, that saw a 50 percent de- in this country, yet people still smoke. how we got to where we are. The early crease in things like suicides and unin- We have safety caps on aspirin bottles morning news reports, as I came to the tentional shootings by children. But yet people can still take aspirin re- floor this morning, announced that the what we have today is a farce. sponsibly. I submit that we can have National Rifle Association won. And Mr. Chairman, I said last night and I trigger locks on guns, yet people will for me, that was a sad day and a sad will say it again, we have the acknowl- still have their constitutional right to commentary, for I know how many of edgment of the gun lobby as an altar at keep and bear arms. us worked long and hard to be able to which we worship. I, for one, Mr. Chair- Again, this is not gun control, it is announce this morning that the chil- man, will not be part of this frivolity, gun safety. dren of America won, the mothers of this farce. And I agree with the Presi- Mr. DAVIS of Virginia. Mr. Chair- murdered children won, the fathers of dent, they may have won last night or man, I yield 2 minutes to the gen- murdered children won, the future chil- in the dark of night, in the early morn- tleman from Long Beach, California dren of America won. ing hours, but, Mr. Chairman, but I (Mr. HORN). But tragically this morning we can- will not stand for this frivolity or this Mr. HORN. Mr. Chairman, I commend not say that. And in the darkness of farce and will ultimately vote against the Davis amendment. It is an excel- night, last night, amendment No. 144 this bill. lent suggestion. The Senate adopted it; mysteriously slipped away from the I have never voted against a gun law we should too. floor of the House that prohibits a per- in my life that had meaning and sense. June 18, 1999 CONGRESSIONAL RECORD — HOUSE H4623 And I hope that the National Rifle As- pass gun safety for our children. But I include the right to close as a member sociation in my community hears that thank the gentleman very much. of the committee. Therefore, the gen- because they have already begun call- b 0930 tleman from Virginia currently has the ing. right to close. So for those who say they are under Mr. DAVIS of Virginia. Mr. Chair- Ms. LOFGREN. Mr. Chairman, I yield the gun, we all are. They are in every man, I yield myself 20 seconds. such time as she may consume to the one of our districts. But let me give an Mr. Chairman, the problem is you do gentlewoman from Texas (Ms. JACK- open letter to them right now: not start the process over again. It has SON-LEE). Dear National Rifle Association and taken up the better part of a week Ms. JACKSON-LEE of Texas. I thank national gun owners lobby, I respect here, and we have appropriations bills the gentlewoman for yielding me time. your right to the second amendment. here. For Members who walk away Mr. Chairman, I would like to just As we all do, we will fight to the death from this at this point means walking refer the gentleman from Virginia to a for your right to the freedom of your away, not moving it to conference with few comments, if I may, and also say to views. But I have mine and I would the Senate and defeating every aspect him that I will be supporting this much rather stand alongside of that of this, including trigger locks. I hope amendment because it is a modifica- tion of the Kohl amendment in the child who needs protection, and sup- that my colleagues on the other side Senate and has a provision that adds a port strong gun safety, a real safety will reconsider. removable hammer safety device to it; lock measure that was presented by Mr. Chairman, I yield one minute to and, obviously, having dealt with these myself, the gentlewoman from Cali- the gentlewoman from Maryland (Mrs. MORELLA), who has been outspoken in issues for a number of years, realizing fornia (Ms. MILLENDER-MCDONALD), as the tragedies that occur with children well the gentlewoman from Indiana her support of trigger locks and other child safety measures. who have found guns unsecured, 4-year- (Ms. CARSON), that provided standards. olds, 6-year-olds, 15-year-olds, I realize This is not the way to go. We need Mrs. MORELLA. Mr. Chairman, I thank the gentleman for yielding me the importance of a safety device. more responsible handling of this mat- At the same time, we offered an time. ter. This is a farce. This is sad. It is a amendment, part of legislation that Mr. Chairman, I have very high re- sad day for America. the gentlewoman from Indiana (Ms. gard for the work that my colleague Mr. DAVIS of Virginia. Mr. Chair- CARSON) filed and the gentlewoman from across the river in Virginia has man, I yield myself 1 minute. from California (Ms. MILLENDER- offered, so I rise in strong support of Mr. Chairman, I am disappointed to MCDONALD), that would in fact deter- hear that a bill that could come the Davis amendment. Again, it is just mine the standards of the various safe- through could have juvenile possession common sense. It will protect children ty devices and provide an educational of an assault weapon, have limitations from causing unintended harm should proponent that would allow the Attor- on that, have a juvenile Brady law, clip they find a gun in their home. ney General to educate people about bans, trigger locks, close some of the In 1995, 440 children died in uninten- the problems lacking in gun storage loopholes on gun bills, that it is not tional shootings. Every day in this and gun safety or gun safety locks. good enough, so a Member ends up de- country at least one child is killed ac- Might I make of the gentleman from feating it and ends up voting with the cidentally, and the numbers are in- Virginia (Mr. DAVIS) an inquiry: Does National Rifle Association who would creasing. Firearms are the fourth lead- this amendment, as I am looking like to see the bill defeated. That is ing cause of accidental deaths among through it, I do not see it, does this disappointing to me. children 5 to 14 years of age. amendment provide standards for the If putting the gentlewoman’s name This Davis amendment will require device that we are suggesting that they on this amendment would get her vote, that new handguns sold must also in- utilize? Are there standards? For exam- I would be honored to have my former clude a secure gun storage or safety de- ple, where the Secretary of the Treas- law school classmate. She has been a vice. That is common sense. Similar ury, similar to the Consumer Products champion on gun measures. But I laws exist in 16 States, including my Safety Commission, would develop reg- would hope the gentlewoman would not State of Maryland. We can put an end ulations in the amendment that I of- put this in the partisan realm of stop- to heartrending stories of young chil- fered in rules of child safety for fire- ping Congress from moving ahead, dren dying when they find an unse- arms, that such regulations at a min- when we could pass this legislation cured gun in the house. imum set forth a minimum safety which is better than what is on the Incidentally, this amendment is sup- standard that such product meet in books today and send it to a conference ported by people on all sides of the order to be manufactured, sold, trans- committee where maybe it could be issue, the Children’s Defense Fund, ferred or delivered, consistent with the improved. Handgun Control, even the Senate. We amendment? Mr. Chairman, I would ask the gen- have safety devices on cigarette light- This is similar to child car seats. It is tlewoman to think about that in terms ers, medicine and other products. We similar to aspirin bottles. It is similar of moving this legislation on, so we should do the same for guns. to many products that we have, play- could go on, protecting our youth in The CHAIRMAN. The gentlewoman ground equipment. Do we have some this country. from California (Ms. LOFGREN) has 5 standards in this amendment? As I re- Defeating this bill does nothing. We minutes remaining, the gentleman view it, I do not see any standards at all. walk away. from Virginia (Mr. DAVIS) has 21⁄2 min- Mr. DAVIS of Virginia. Mr. Chair- Ms. JACKSON-LEE of Texas. Mr. utes remaining, and the gentleman man, will the gentlewoman yield? from Virginia has the right to close. Chairman, will the gentleman yield? Ms. JACKSON-LEE of Texas. I yield Ms. LOFGREN. Mr. Chairman, do we Mr. DAVIS of Virginia. I yield to the to the gentleman from Virginia. gentlewoman from Texas. not have the right to close as defending Mr. DAVIS of Virginia. Mr. Chair- Ms. JACKSON-LEE of Texas. Mr. the committee’s position? man, we do have standards in the cur- Chairman, as the gentleman from Vir- The CHAIRMAN. The gentleman rent law that make definition. ginia knows, we have already estab- from Virginia would have the right to It was not exactly the standards that lished our admiration for his work, and close. The time in opposition was first the gentlewoman and the gentlewoman I appreciate the offer. That amendment claimed by the gentlewoman from New from California (Ms. MILLENDER- is one that I am going to support, the York (Mrs. MALONEY), who was not a MCDONALD) put together. We went with gentleman’s amendment. And I thank member of the committee. the current law standards. him for the offer of my name on it. I Ms. LOFGREN. Did I not then ask Ms. JACKSON-LEE of Texas. Mr. know, in spirit, we will work together. unanimous consent to control the time Chairman, reclaiming my time, I think Mr. Chairman, there is so much in and was that not agreed to? the reason why the amendment, and if this bill that argues against serious re- The CHAIRMAN. The unanimous you can point me to the current law sponse to gun safety legislation that I consent request that the gentlewoman standard, they are obviously not suffi- would rather start all over again and from California control the time of the cient inasmuch as we had an exhi- begin this process, so that we can truly gentlewoman from New York did not bition, if you will, of the various safety H4624 CONGRESSIONAL RECORD — HOUSE June 18, 1999 locks that are now on the market, and signed to prevent the discharge of the Many young violent criminals rely on guns the results of our exhibition was that a firearm by any person who does not found in their home to commit crimes. In fact, simple hammer that a child could ac- have access to the device.’’ nearly 7,000 violent crimes each year are cess themselves to could easily split Saf-T-Hammer and other companies committed by juveniles with guns found in plastic safety locks. across the country are currently devel- their home. The use of safety locks will restrict This amendment, of course, is a mini- oping cutting-edge technology that their access to these guns, and could also dis- mal response to the safety lock issue, provides gun owners added safety courage the theft of guns that are locked up. but it will not deal with the fact that through a more easy-to-use device. Nobody pretends that child safety locks are the products on the market are, at This device renders the gun inoperable a cure-all to the violence that afflicts our kids. best, unsatisfactory and can be easily when the top of the hammer is re- But this amendment is an excellent step in the broken by a child. moved. right direction to increase safety significantly. Mr. DAVIS of Virginia. Mr. Chair- Is it the gentleman’s understanding Child safety locks could prevent more than man, if the gentlewoman would yield that the changes to the definition of one-third of the deaths from gun-related acci- further, title 18, section 921, section 34, safety device included in this amend- dents, not to mention countless suicides and defines the standards. Those are de- ment will provide greater clarification violent crimes. fined. This language parallels the Sen- to include devices such as Saf-T-Ham- Automobiles are required to have seat belts. ate language. At this point we are try- mer as ‘‘safety devices’’ under Federal Aspirin bottles are required to have child-re- ing to find some congruity with our law? sistant packaging. Lighters are required to colleagues in the Senate. Mr. DAVIS of Virginia. Mr. Chair- have child safety devices. It is time for the Ms. JACKSON-LEE of Texas. Mr. man, will the gentleman yield? guns in American children's homes to have Chairman, reclaiming my time, I will Mr. HOSTETTLER. I yield to the child safety locks. I urge you to support this finish with this: That is the point, and gentleman from Virginia. amendment that will literally save children's that is the problem. Obviously, the Mr. DAVIS of Virginia. Mr. Chair- lives. Senate moved forward on a particular man, I thank the gentleman for re- The CHAIRMAN. The question is on device. We offered that package here as questing this colloquy. I am happy to the amendment offered by the gen- a singular stand-alone amendment, tell the gentleman that is exactly our tleman from Virginia (Mr. DAVIS). but, at the same time, we recognize intent, that safety devices such as the The question was taken; and the that the Senate went with the minimal Saf-T-Hammer and other developing Chairman announced that the ayes ap- provisions, that that provision does handgun safety technologies be in- peared to have it. not, in fact, protect our children be- cluded under the definition of a safety Mr. DAVIS of Virginia. Mr. Chair- cause those devices are without stand- device in this amendment. man, I demand a recorded vote, and ards, and they are easily broken, Mr. Chairman, I yield myself such pending that, I make the point of order accessed and rendered useless by any time as I may consume. that a quorum is not present. child who can get a hammer and break Mr. Chairman, the truth is this The CHAIRMAN. Pursuant to House the plastic. amendment is about public safety, not Resolution 209, further proceedings on In essence, what we are presenting, gun control. It is about protecting chil- the amendment offered by the gen- we could have offered a more extensive dren, not about the second amendment. tleman from Virginia (Mr. DAVIS) will amendment that would have given us It is important to remember that noth- be postponed. standards similar to the Consumer ing in this amendment changes the The point of no quorum is considered Products Safety Commission and as standards of who can own a gun or any withdrawn. well we could have provided language, type of gun they can own, it only lim- It is now in order to consider Amend- if you will, to provide education to the its the access that children have to ment No. 7 printed in part B of House American public about gun safety and their parents’ guns. Report 106–186. responsibility. Despite the divisiveness of this bill AMENDMENT NO. 7 OFFERED BY MR. I say that to the gentleman because and H.R. 1501 yesterday, this amend- CUNNINGHAM he has questioned whether or not it ment enjoys both strong bipartisan and Mr. CUNNINGHAM. Mr. Chairman, I would be more valuable to just stand leadership support on both sides. I urge offer an amendment. and support gun safety that does not all Members concerned about the safe- The CHAIRMAN. The Clerk will des- have any substance. I would argue and ty and the well-being of America’s ignate the amendment. beg to differ with him. youth to vote ‘‘yes’’ on this common- The text of the amendment is as fol- Mr. DAVIS of Virginia. Mr. Chair- sense amendment. lows: man, I yield myself such time as I may Mr. MORAN of Virginia. Mr. Chairman, I rise Part B amendment No. 7 offered by Mr. consume. today in strong support of the child safety lock CUNNINGHAM: Mr. Chairman, I differ on this par- amendment. This is truly a bipartisan amend- At the end of the bill, insert the following: ticular issue. I think a congruity be- ment and as an original co-sponsor of child TITLE ll—COMMUNITY PROTECTION tween the Senate and House is very im- safety lock legislation in the 106th Congress, ACT portant, and I do not think we ought to I would like to thank my friend and colleague SEC. ll1. SHORT TITLE. let someone’s definition of ‘‘perfect’’ be from Virginia, TOM DAVIS, for introducing and This title may be cited as the ‘‘Community the enemy of the ‘‘pretty good.’’ This is supporting this amendment. Protection Act of 1999’’. a pretty good advancement from where This amendment mirrors language already SEC. ll2. EXEMPTION OF QUALIFIED LAW EN- we sit today. passed in the Senate. FORCEMENT OFFICERS FROM STATE 1 LAWS PROHIBITING THE CARRYING Mr. Chairman, I yield 1 ⁄2 minutes to The National Center for Health Statistics re- OF CONCEALED FIREARMS. the gentleman from Indiana (Mr. ports that each year more than 500 children (a) IN GENERAL.—Chapter 44 of title 18, HOSTETTLER). under the age of 17 are killed unintentionally United States Code, is amended by inserting Mr. HOSTETTLER. Mr. Chairman, at by a handgun. after section 926A the following: this time I would like to engage in a This amendment would allow gun owners to ‘‘§ 926B. Carrying of concealed firearms by colloquy on behalf of the gentleman choose whether they use safety locks; The qualified law enforcement officers from Arizona (Mr. SHADEGG) with the amendment simply requires that they buy one. ‘‘(a) Notwithstanding any other provision gentleman from Virginia (Mr. DAVIS). Many of these locks can be used on loaded of the law of any State or any political sub- Mr. Chairman, it is my under- guns and can be disengaged in a matter of division thereof, an individual who is a quali- standing that the gentleman’s amend- seconds which as Gun Tests magazine ex- fied law enforcement officer and who is car- ment includes language to alter the plains ``conveniently preserv[es] access to rying the identification required by sub- current definition of safety device. guns used in self-protection.'' section (d) may carry a concealed firearm Specifically, the amendment modifies that has been shipped or transported in How can reasonable people be opposed to interstate or foreign commerce, subject to the definition by adding a new subpara- making these safety mechanisms available to subsection (b). graph which states, ‘‘A device that is gun owners when a gun in the home is 43 ‘‘(b) This section shall not be construed to easily removable from a firearm and times more likely to kill a family member or supersede or limit the laws of any State that, if removed from a firearm, is de- friend than to kill in self-defense? that— June 18, 1999 CONGRESSIONAL RECORD — HOUSE H4625 ‘‘(1) permit private persons or entities to ‘‘(5) during the most recent 12-month pe- Mr. SCOTT. Mr. Chairman, I yield prohibit or restrict the possession of con- riod or, if the agency requires active duty of- myself such time as I may consume. cealed firearms on their property; or ficers to do so with lesser frequency than Mr. Chairman, we had a bill very ‘‘(2) prohibit or restrict the possession of every 12 months, during such most recent pe- similar to this that went through com- firearms on any State or local government riod as the agency requires with respect to property, installation, building, base, or active duty officers, has completed, at the mittee that had these provisions. It park. expense of the individual, a program ap- also had other provisions that, frankly, ‘‘(c) As used in this section, the term proved by the State for training or qualifica- we focused on and objected to. This bill ‘qualified law enforcement officer’ means an tion in the use of firearms; and does not contain the more objection- employee of a governmental agency who— ‘‘(6) is not prohibited by Federal law from able provisions that, frankly, would ‘‘(1) is authorized by law to engage in or receiving a firearm. have allowed mandatory reciprocity of supervise the prevention, detection, inves- ‘‘(d) The identification required by this concealed weapons laws, so if you have subsection is photographic identification tigation, or prosecution of, or the incarcer- a concealed weapon in one State, you ation of any person for, any violation of law, issued by the State in which the agency for and has statutory powers of arrest; which the individual was employed as a law can take it to any other State, not- ‘‘(2) is authorized by the agency to carry a enforcement officer is located.’’. withstanding their laws. firearm; (b) CLERICAL AMENDMENT.—The table of We focused on that provision because ‘‘(3) is not the subject of any disciplinary sections for such chapter is further amended it really blew a hole in the ability of action by the agency; and by inserting after the item relating to sec- States to maintain their own concealed ‘‘(4) meets standards, if any, established by tion 926B the following: weapons laws and did not focus as the agency which require the employee to ‘‘926C. Carrying of concealed firearms by much on this provision that had not regularly qualify in the use of a firearm. qualified retired law enforce- been as controversial. ‘‘(d) The identification required by this ment officers.’’. I would have preferred that this bill subsection is the official badge and photo- The CHAIRMAN. Pursuant to House had gone through the regular legisla- graphic identification issued by the govern- Resolution 209, the gentleman from mental agency for which the individual is, or tive process. It is probably okay. You California (Mr. CUNNINGHAM) and a was, employed as a law enforcement offi- will probably find that the police offi- cer.’’. Member opposed each will control 10 cers that would take advantage of this (b) CLERICAL AMENDMENT.—The table of minutes. are not the ones committing crimes, sections for such chapter is amended by in- The Chair recognizes the gentleman and there would be no problem. But we serting after the item relating to section from California (Mr. CUNNINGHAM). have a situation here where we are es- 926A the following: Mr. CUNNINGHAM. Mr. Chairman, I sentially overriding State laws. The yield 21⁄2 minutes to the gentleman ‘‘926B. Carrying of concealed firearms by State will have to accept concealed qualified law enforcement offi- from Ohio (Mr. TRAFICANT) and ask weapons from out-of-State, and I am cers.’’. unanimous consent that he be allowed not sure that is a good idea, and we SEC. ll3. EXEMPTION OF QUALIFIED RETIRED to control that time. LAW ENFORCEMENT OFFICERS The CHAIRMAN. Is there objection have not had an opportunity this year FROM STATE LAWS PROHIBITING to the request of the gentleman from to focus on it. THE CARRYING OF CONCEALED Mr. Chairman, I reserve the balance FIREARMS. California? There was no objection. of my time. (a) IN GENERAL.—Chapter 44 of title 18, Mr. TRAFICANT. Mr. Chairman, I United States Code, is further amended by Mr. CUNNINGHAM. Mr. Chairman, I inserting after section 926B the following: yield myself such time as I may con- yield myself 1 minute. Mr. Chairman, I voted for the Brady ‘‘§ 926C. Carrying of concealed firearms by sume. qualified retired law enforcement officers Mr. Chairman, yesterday, I called the Bill. I voted for the ban on semiauto- ‘‘(a) Notwithstanding any other provision Fraternal Order of Police and the Cap- matic weapons. Like many Members, I of the law of any State or any political sub- itol Hill Police, and they are excited have tried, and we tried, to do the right division thereof, an individual who is a quali- about this amendment. This amend- thing. fied retired law enforcement officer and who ment is opposed by no police organiza- Quite frankly, enough is enough. is carrying the identification required by tion. As a matter of fact, it is strongly Guns are a two-edged sword. Dan- subsection (d) may carry a concealed firearm supported by most every police organi- gerous, indeed. But let me say to the that has been shipped or transported in House today, the number one preventer interstate or foreign commerce, subject to zation in the United States. This amendment will allow thou- of crime in America is that gun. Edu- subsection (b). cated, qualified, knowledgeable safety ‘‘(b) This section shall not be construed to sands of equipped, trained and certified supersede or limit the laws of any State officers to continually serve and pro- procedures. The gun, a foe, yes, but the that— tect our communities, regardless of ju- gun, a great friend. ‘‘(1) permit private persons or entities to risdiction, at no cost to taxpayers. At 2 o’clock in the morning, with an prohibit or restrict the possession of con- This amendment is endorsed by more intruder with a weapon holding it on cealed firearms on their property; or than 75 law enforcement organizations, your family, you can call 911, you can ‘‘(2) prohibit or restrict the possession of including the Law Enforcement Alli- call every police department in the firearms on any State or local government ance of America, Fraternal Order of world, and you are at their mercy. property, installation, building, base, or So, be careful, Congress. This amend- park. Police, National Troopers Coalition, ‘‘(c) As used in this section, the term National Association of Police Organi- ment makes sense. Police officers are ‘qualified retired law enforcement officer’ zations, Fraternal Brotherhood of Po- trained, they are qualified, they are means an individual who— lice Officers and our Capitol Hill Po- schooled, and it does not cost America ‘‘(1) retired in good standing from service lice. one penny to increase the ranks of this with a public agency as a law enforcement This is an amendment where you can safety force. officer, other than for reasons of mental in- say, ‘‘this is something I stand for.’’ It Mr. SCOTT. Mr. Chairman, I yield stability; allows policemen, once they retire, to such time as she may consume to the ‘‘(2) before such retirement, was authorized gentlewoman from California (Ms. by law to engage in or supervise the preven- protect themselves and their families. tion, detection, investigation, or prosecution Too often our police have to arrest LOFGREN). of, or the incarceration of any person for, some of these people that we talk Ms. LOFGREN. Mr. Chairman, I will any violation of law, and had statutory pow- about that commit crimes with weap- vote to support this amendment. I ers of arrest; ons. This amendment allows them to think, as my colleague from Virginia ‘‘(3)(A) before such retirement, was regu- protect their family from those crimi- has pointed out, this would have been larly employed as a law enforcement officer nals. better had we had an opportunity to go for an aggregate of 5 years or more; or Mr. Chairman, I reserve the balance through the legislative process, to hear ‘‘(B) retired from service with such agency, of my time. from the States, and to really thor- after completing any applicable proba- oughly hash this out. However, I do tionary period of such service, due to a serv- Mr. SCOTT. Mr. Chairman, I claim ice-connected disability, as determined by the time in opposition. think that this is worthy of bipartisan such agency; The CHAIRMAN. The gentleman support and plan to vote for it. ‘‘(4) has a nonforfeitable right to benefits from Virginia (Mr. SCOTT) will control However, I must observe that, as my under the retirement plan of the agency; 10 minutes. colleague from Ohio mentioned 2 H4626 CONGRESSIONAL RECORD — HOUSE June 18, 1999 o’clock in the morning, intruders and gentlewoman from Texas (Ms. JACK- into gun shows without supervision. It the need for protection, I think back to SON-LEE). is a shame on us, it is a shame on this 2 o’clock this morning, when, in the Ms. JACKSON-LEE of Texas. I thank House. I would imagine that they are dark of night, this House really failed the gentleman for yielding me time, saying pox on all of us. the mothers and fathers of America, in and I thank the combined proponents Mr. Chairman, I thank the gentlemen my judgment, failed to enact common- of this legislation. for their very good amendment. sense gun safety measures that the I would like to associate myself with Mr. CUNNINGHAM. Mr. Chairman, I country demands. the words of the gentleman from Vir- yield 1 minute to the gentleman from While I support this measure, I must ginia (Mr. SCOTT), that we had hearings Pennsylvania (Mr. GEKAS). note that it is not the answer that on this and we would have, I think, Mr. GEKAS. Mr. Chairman, our na- America seeks to the tragedy of chil- preferred to have at least the responses tional security depends, as everyone dren and gun violence. from the 50 States on this issue. knows, almost 100 percent on our Mr. CUNNINGHAM. Mr. Chairman, I But I do want to note that this does, Armed Forces. Our Armed Forces de- yield 2 minutes to the gentleman from in particular for those who may be con- pend to a great measure on reserves. Florida (Mr. MCCOLLUM), the chairman cerned, serve to help public safety offi- Everyone knows that in each conflict of the Subcommittee on Crime. cers or security personnel, particularly in which we were personally involved Mr. MCCOLLUM. Mr. Chairman, I those officers, of course, who do not as Members of Congress, the reserve very strongly support this amendment. have a history of criminal activity or components of our armed services Law enforcement officers all over this suffer from a mental disability or are played a key role in the military ac- country, active duty and retired, put under a disciplinary action who will tion ordered by the President of the their lives at risk every day defending not qualify. United States. us, corrections officers, police officers, I think it is important to note that, So it is with this piece of legislation. sheriff’s deputies everywhere. In doing although the example was used about It creates a body of reserves in our do- so, they are obviously going to incur what police officers may do in the dark mestic security apparatus with retired the wrath of a lot of folks. There are of night, I think it is important that and off-duty policemen that augment these officers are on call 24 hours a people who want to get them because the safety measures that the normal day, even though they are not at the they have done that, people who would law enforcement agencies carry on time full-time duty or retired, and harm them or their families, whether every single day. many times are called into service. So they are on active duty or have retired. If we look upon it as that extra meas- I think it is important that we allow This measure allows a police officer ure of citizenry involved in our public on active duty, fully qualified, as long this to occur. I would also add tragically that we safety, then we should have no dif- as he has no disciplinary action pend- have compounded the lack of safety ficulty in receiving an overwhelming ing and meets the standards of quali- that they will be facing inasmuch as vote in favor of our reserve component fication of his agency, to carry a con- this House again passed a measure last in domestic security. cealed weapon into any other State, evening that just opens the floodgates Mr. CUNNINGHAM. Mr. Chairman, I wherever he travels, to protect himself of guns into the streets of America by yield 1 minute to the gentleman from or his family. the Dingell amendment and by not vot- California (Mr. ROGAN). It also allows the retired police offi- ing for the McCarthy gun-show-closing Mr. ROGAN. Mr. Chairman, I thank cer, as long as that police officer is loophole amendment. the gentleman for yielding me time. qualified, has served more than at least So, hopefully, we will not have gun Mr. Chairman, this amendment will 5 years or more as an active police offi- battles in the street, where people are increase public safety by adding quali- cer, and during the most recent 12- having to draw at every moment be- fied law enforcement personnel to our month period of time has gone through cause of the fact that officers would street and to our neighborhoods. It will compliance with the firearms qualifica- now be in more jeopardy because of the also enhance the safety of law enforce- tions standard of the active officers of rampage of guns on the street. ment officers and their families while his agency of the government, it allows Let me simply close with an example increasing the number of officers we the retired officer under those cir- that evidences what I am speaking of. stand ready to protect the public. cumstances in good standing to also First of all, the gun show loophole This amendment has broad support carry concealed weapons across State that we did not close will allow individ- from the law enforcement community, lines to protect themselves and their uals in 24 hours to get guns, which will including the National Association of family. not allow law enforcement officers to Police Organizations. NAPO represents This is extremely important to the be able to have a sufficient time to 22,000 sworn law enforcement officers police. I can guarantee you every po- check their criminal records. and has been a long-time advocate of lice organization I have talked to as An ATF officer spent nearly 2 hours pursuing the ability for police to carry chairman of this subcommittee for sev- with me explaining about their under- their guns across State lines. eral years has advocated this, every cover work. They indicated to me they Mr. Chairman, as we seek innovative corrections group, every Sheriff’s were able to buy a gun on the street of ways to make our community safer, group. The reason for it is very obvi- a western State out of the back of a this amendment offers an added meas- ous, because of the need to protect station wagon where the seller said, ure of protection for all of us, without themselves and their families after ‘‘What are you going to do with this?’’ spending tax dollars. I thank the gen- they have retired, as well as during ac- The buyer said, ‘‘I am going to the tleman from California for his leader- tive duty. East Coast to an East Coast State and ship on this. So I think we owe it to our Nation’s kill a law enforcement officer.’’ The Mr. SCOTT. Mr. Chairman, I yield 3 law enforcement community to pass seller then said, ‘‘Let me give you a si- minutes to the gentleman from Michi- this provision. It is long overdue. We lencer and, when you get caught, do gan (Mr. CONYERS), the ranking mem- have struggled to get it out here on the not mention my name.’’ ber of the full committee. floor. That is the gun show that will not be Mr. CONYERS. Mr. Chairman, I am The gentleman from California (Mr. protected by the Dingell amendment. appalled this morning that we would be CUNNINGHAM) is to be congratulated for So maybe we do need to pass this making more guns available in the all of his efforts, and so are the other amendment without the fact of a full wake of Columbine which brought us Members who have sponsored this, as a hearing and markup because our offi- here to restrict gun availability. number of us have worked for a long cers are going to be placed in more I think that this is a not-well- time to make this happen. Let us pass jeopardy wherever they go and will be thought-out provision. I can see all it today and do everything we can to called upon to provide security for kind of shootouts between officers who make sure it goes to the President for their communities, whether they are are from another State being shot by his signature. full-time officers or retired. officers who have no idea who these Mr. SCOTT. Mr. Chairman, I yield It is a shame on America, it is a people are that have tried to use a such time as she may consume to the shame on us as we allow children to go weapon. So for us to think that this June 18, 1999 CONGRESSIONAL RECORD — HOUSE H4627 provides any added security to a police- from Ohio has 11⁄2 minutes remaining The right of self defense should not be lim- man or to the community is, I think, on his own time. ited to state boundaries. America is blessed shear nonsense. I am totally dis- Mr. TRAFICANT. Mr. Chairman, I with a professional and committed law en- appointed that this conversation could yield myself the balance of my time. forcement community, but the reality is that we be moving in this kind of direction. Mr. Chairman, Congress has made are largely on our own in protecting ourselves The fact of the matter is that this some preventive measures in order this and our families. I don't believe that Ameri- would create more problems, far more past week. Not all the guns in the cans should forfeit their safety because they problems, than it would ever resolve. world, not all the policemen in the happen to be on vacation or on a business We have not had hearings on it. It world are going to stop crime. The trip. overrides all the State laws. Besides, mentality of crime is much bigger than My home state of Florida recognized the any officer from another State need a gun bill. But I would submit to Con- fact that many citizens have no recourse but only contact the police jurisdiction to gress that guns are more a symptom of to deal immediately and directly with a crimi- get permission to bring his weapon into this society than the root cause prob- nal. In 1987, Florida reformed its gun laws to the State. That is not too hard for him lems of this society, and be careful, allow law-abiding citizens familiar with firearms to do. Congress. to carry a concealed weapon. The results? So much for all of these imaginative Having said that, I believe without Florida's homicide rate dropped from 37 per- hypotheticals about what happens at 2 one dime we will increase crime fight- cent above the national average to 3 percent a.m. and how much more secure you ers on the street, schooled and trained. below the national average. Florida is not will be from some unknown person car- They understand the issue. But more alone; other states with concealed carry laws importantly, the word will be out in rying a gun. Carrying a gun into a have also seen a dramatic decrease in crime. community from out of State I think the streets of America that Congress The legislation before us today has the end really begs the question. I hope we will passed a law authorizing retired police goal of protecting American citizens, and this think carefully about the dangers that officers and others trained to also have amendment contributes to that goal. I would weapons to join in that fight. are being introduced as we violate the have been pleased to cosponsor this amend- Here is what I am saying. They are gun laws of every single State in the ment, but was unaware of its introduction until union by trying to bring this poorly- not only equipped, they are not only schooled, they are not only trained, earlier today. Nonetheless, the gentleman thought-out amendment to the floor at from California has my full support and I urge this time. this is a word you may not want to hear, they are armed, and they are pre- adoption of this amendment. Mr. SCOTT. Mr. Chairman, I yield 2 Mr. SCOTT. Mr. Chairman, I reserve pared to support and protect us. This is minutes to the gentleman from Ohio the balance of my time. the right thing to do. The distin- (Mr. TRAFICANT). Mr. CUNNINGHAM. Mr. Chairman, I Mr. TRAFICANT. Mr. Chairman, I guished ranking member has a valid would ask the gentleman to proceed disagree with the ranking member, and point but the subcommittee ranking since I have the right to close since I have great respect for him. I think to member, I think, understands the issue there was not time received in opposi- mischaracterize my remarks about 2 quite well. Ladies and gentlemen, it tion. I am the last speaker. o’clock in the morning is not appro- does not cost us a penny. It is not priate with this bill and this amend- going to be the entire answer, but it is PARLIAMENTARY INQUIRY ment. a step in the right direction. I com- Mr. SCOTT. Mr. Chairman, I have a I have been targeted by the NRA. I pliment the gentleman from California parliamentary inquiry. am not here carrying any banner for (Mr. CUNNINGHAM) and the gentleman The CHAIRMAN. The gentleman will anybody. But I am a former sheriff, and from Pennsylvania (Mr. GEKAS) for in- state it. all the policemen in the world will not volving me in this issue, and I urge an Mr. SCOTT. Who has the right to help you if they are not there and ‘‘aye’’ vote. close? The CHAIRMAN. The gentleman someone is there with a gun pointing it Mr. CUNNINGHAM. Mr. Chairman, I from Virginia secured control of the at you. yield 1 minute to the gentleman from Now it is time to talk about some re- Florida (Mr. STEARNS). time otherwise reserved for opposition ality. I voted for the Dingell amend- Mr. STEARNS. Mr. Chairman, I rise by unanimous consent. Under those ment for the following reason, and I in support of this amendment, and I do circumstances, the proponent is enti- want it stated across the record: With so because it is almost identical to my tled to close. a longer waiting period covering a bill, H.R. 492, which would not only Mr. SCOTT. Does the gentleman just weekend, there would not be a sale at grant reciprocity for current retired have one speaker left? Mr. CUNNINGHAM. I am going to a gun show, and it would be an encour- law enforcement officers but also to close. agement for unscrupulous gun dealers law-abiding citizens who possess a Mr. SCOTT. Mr. Chairman, I yield to illegally sell their guns to make a valid right to carry a permit in their myself the balance of my time. sale, yes, maybe to Charles Manson. home State. My home State of Florida recognized Mr. Chairman, we have had no delib- b 1000 that fact and in fact in 1987 Florida re- eration on this. We have not had an op- The Dingell amendment, 24 hours, formed its gun laws to allow gun-abid- portunity to improve it or amend it. will force this technology age to give ing citizens familiar with firearms to We have not had an opportunity to see us an answer. And the sale by unscru- carry a concealed weapon. The results what the States think about it. But pulous dealers will be limited. as far as homicide rate dropped from 37 that is how we have been legislating. Now, let us talk some reality. When percent above the national average to 3 We legislated on numerous issues someone is holding a gun on you, you percent below. Florida is not alone. where if we had had time to deliberate, could call 911 and you could have every Other States with concealed carrying we might have made different deci- police on their way, you are in trouble. laws have also seen a dramatic de- sions, like last night. The bottom line is you would be lucky crease in crime. We passed legislation that had been to be armed. Armed. These retired offi- I am a strong supporter of my col- subject to 2 years of deliberation, the cers, able to carry a gun, trained to league from California’s and legisla- Individuals With Disabilities Act. We carry a gun, schooled to handle guns, tion, I am pleased to cosponsor this passed legislation which that delibera- understanding violence, understanding amendment. It has my full support. I tion would have led us to the conclu- our communities, without one dime, hope my colleagues will pass this sion that what we did yesterday would are additional fighters to prevent amendment. have increased crime, but because of crime. The only crime acceptable to Mr. Speaker, I rise in support of this amend- good speeches and because it sounded me, a former sheriff, is the crime that ment. I do so because it is almost identical to like a good idea, we went along with it. is not committed. my bill H.R. 492 which would not only grant We ought to be more serious about Congress has done a few things this reciprocity for current and retired law enforce- legislation. This might be a good idea, past week. ment officers, but also to law-abiding citizens it might not. We have not had an op- The CHAIRMAN. The time of the who possess a valid ``right to carry'' permit in portunity to seriously consider it. Here gentleman has expired. The gentleman their home state. we have an amendment on the floor H4628 CONGRESSIONAL RECORD — HOUSE June 18, 1999 and it is just not the way we ought to weaponÐand not knowing the standards of Dingell Kolbe Ramstad Dixon Kucinich Rangel respond to the situation in Littleton, his or her training or their record as a police Doggett Kuykendall Regula Colorado and Conyers, Georgia. We officer in their jurisdiction. Until there are na- Dooley LaFalce Reyes ought to be serious about reducing ju- tional standards for police training and police Doyle LaHood Reynolds venile crime. departments, I felt compelled to vote against Dreier Lampson Rivers Dunn Lantos Rodriguez Mr. Chairman, I yield back the bal- this amendment. Edwards Larson Roemer ance of my time. Mr. SCOTT. The question is on the Ehlers Latham Rogan Mr. CUNNINGHAM. Mr. Chairman, I amendment offered by the gentleman Ehrlich LaTourette Rohrabacher yield myself the balance of my time. Engel Lazio Ros-Lehtinen from California (Mr. CUNNINGHAM). English Leach Rothman Mr. Chairman, we lost two police of- The question was taken; and the Eshoo Lee Roukema ficers here on the Hill last year defend- Chairman announced that the ayes ap- Etheridge Levin Roybal-Allard ing us. This amendment would not help Evans Lewis (GA) Royce peared to have it. Ewing Lipinski Rush those officers. This amendment will Mr. CUNNINGHAM. Mr. Chairman, I Farr LoBiondo Ryan (WI) help other officers in the future. The demand a recorded vote. Fattah Lofgren Sabo same thing at Columbine. This amend- The CHAIRMAN. Pursuant to House Filner Lowey Sanchez ment would not help those children. Fletcher Luther Sanders Resolution 209, further proceedings on Foley Maloney (CT) Sawyer We talk about law-abiding citizens’ the amendment offered by the gen- Forbes Maloney (NY) Saxton rights. The children at Columbine and tleman from California (Mr. Ford Markey Schakowsky Fossella Martinez Scott other schools have rights. This amend- CUNNINGHAM) will be postponed. ment in the future will help those indi- Fowler Mascara Serrano Frank (MA) Matsui Shaw viduals. I did write this amendment SEQUENTIAL VOTES POSTPONED IN COMMITTEE OF THE WHOLE Franks (NJ) McCarthy (MO) Shays with the help of the Law Enforcement Frelinghuysen McCarthy (NY) Sherman The CHAIRMAN. Pursuant to House Alliance of America, which represents Gallegly McCollum Simpson Resolution 209, proceedings will now Gejdenson McDermott Sisisky millions of police officers. Governors resume on those amendments on which Gekas McGovern Slaughter support this. Mayors support this. For further proceedings were postponed in Gephardt McHugh Smith (MI) those that support the Brady bill, Gilchrest McInnis Smith (NJ) the following order: Sarah Brady and handgun control does Gillmor McIntosh Smith (WA) Amendment No. 6 offered by the gen- Gilman McKeon Snyder not oppose this amendment. Why? Be- Gonzalez McKinney Spence tleman from Virginia (Mr. DAVIS); cause it is good. Goodling McNulty Spratt My colleague says, ‘‘Well, it puts amendment No. 7 offered by the gen- Gordon Meehan Stabenow more guns.’’ Who does this allow to tleman from California (Mr. Goss Meek (FL) Stark CUNNINGHAM); and amendment No. 5 of- Graham Meeks (NY) Stearns have a weapon? It allows trained police Granger Menendez Strickland officers. This does not mean some secu- fered by the gentleman from Florida Green (WI) Millender- Stupak rity guard or fly-by-night guy that sits (Mr. MCCOLLUM). Greenwood McDonald Sununu The Chair will reduce to 5 minutes Gutierrez Miller (FL) Sweeney there for 1 year in a position. These are Hall (OH) Miller, Gary Talent trained individuals, who cannot have the time for any electronic vote after Hall (TX) Miller, George Tancredo any disciplinary problems before. the first vote in this series. Hastings (FL) Mink Tanner The day that I submitted this bill, AMENDMENT NO. 6 OFFERED BY MR. DAVIS OF Hefley Moakley Tauscher Hill (IN) Mollohan Tauzin VIRGINIA the original bill, H.R. 218, in San Diego Hinchey Moore Taylor (MS) an off-duty policeman had a carry per- The CHAIRMAN. The pending busi- Hinojosa Moran (VA) Thompson (MS) mit. Guess what? A bank was being ness is the demand for a recorded vote Hobson Morella Thurman on the amendment offered by the gen- Hoeffel Murtha Tierney robbed. This young lady, this officer, Hoekstra Myrick Toomey who was off-duty saw the bank robber tleman from Virginia (Mr. DAVIS) on Holden Nadler Towns coming out and said, sorry, Charlie. which further proceedings were post- Holt Napolitano Traficant Because she had a weapon, she stopped poned and on which the ayes prevailed Hooley Neal Udall (CO) Horn Northup Udall (NM) that bank robbery. This is the kind of by voice vote. Hoyer Nussle Upton legislation that I think all of us are The Clerk will redesignate the Hutchinson Oberstar Velazquez looking for. I ask my colleagues in a amendment. Hyde Obey Vento Inslee Olver Visclosky bipartisan way to support this amend- The Clerk redesignated the amend- Isakson Ortiz Walden ment. It is a good amendment. ment. Jackson (IL) Ose Walsh Mr. MEEKS of New York. Mr. Chairman, I RECORDED VOTE Jackson-Lee Owens Waters reluctantly voted against this amendment be- (TX) Oxley Watt (NC) The CHAIRMAN. A recorded vote has Jefferson Pallone Waxman cause of the current climate in this nation due been demanded. John Pascrell Weiner to the police brutality issues in our districts. A recorded vote was ordered. Johnson (CT) Pastor Weldon (FL) My rationale was that there have been too Johnson, E. B. Payne Weldon (PA) The vote was taken by electronic de- Jones (OH) Pelosi Weller many police brutality incidences, as in the An- vice, and there were—ayes 311, noes 115, Kanjorski Petri Wexler thony Baez and Amadou Diallo cases in New not voting 8, as follows: Kasich Phelps Weygand York City. This has led me to believe that Kelly Pickett Wilson [Roll No. 236] there is a lack of proper training of police offi- Kennedy Pombo Wise AYES—311 Kildee Pomeroy Wolf cers. Kilpatrick Porter Woolsey I have been a cosponsor of two police bru- Abercrombie Bishop Clay Kind (WI) Portman Wu tality bills in the 106th Congress: the Hyde/ Ackerman Blagojevich Clayton King (NY) Price (NC) Wynn Allen Bliley Clement Kleczka Pryce (OH) Young (FL) Serano bill and the Conyers bill. Both of these Andrews Blumenauer Clyburn Klink Quinn bills will implement provisions to carefully Archer Boehlert Conyers Knollenberg Rahall evaluate police training and police depart- Baird Bonior Cook Baker Bono Costello NOES—115 ments. Baldacci Borski Cox Aderholt Callahan Deal Baldwin Boswell I find it difficult to give broad sweeping li- Coyne Armey Cannon DeLay Barcia Boyd censes to all police officers regardless of their Crowley Bachus Chabot DeMint Barrett (NE) Brady (PA) Cummings Ballenger Chambliss Doolittle jurisdictionÐuntil a serious evaluation is done Barrett (WI) Brady (TX) Cunningham Barr Chenoweth Duncan of the current situations throughout our coun- Bartlett Brown (FL) Davis (FL) Barton Coble Emerson Bass Brown (OH) try; and legislation is adopted to address the Davis (IL) Bentsen Coburn Everett Bateman Calvert misuse of weapons by police departments. Davis (VA) Blunt Collins Ganske Becerra Camp DeFazio Boehner Combest Gibbons Guns used properly by trained police offi- Bereuter Campbell DeGette Bonilla Condit Goode cers is acceptable. In fact, New York State al- Berkley Canady Delahunt Boucher Cooksey Goodlatte Berman Capps lows retired police officers to keep their guns. DeLauro Bryant Cramer Green (TX) Berry Capuano I support this measure. However, I can't sup- Deutsch Burr Crane Gutknecht Biggert Cardin Diaz-Balart Burton Cubin Hansen port allowing a retired police officer from an- Bilbray Carson Dickey Buyer Danner Hastings (WA) other part of the country carrying a concealed Bilirakis Castle Dicks June 18, 1999 CONGRESSIONAL RECORD — HOUSE H4629 Hayes Moran (KS) Shows Baldacci Everett Linder Shadegg Strickland Upton Hayworth Nethercutt Shuster Baldwin Ewing Lipinski Shaw Stump Vento Herger Ney Skeen Ballenger Farr LoBiondo Shays Stupak Vitter Hill (MT) Norwood Skelton Barcia Filner Lofgren Sherman Sununu Walden Hilleary Packard Smith (TX) Barr Fletcher Lowey Sherwood Sweeney Walsh Hilliard Paul Souder Barrett (NE) Foley Lucas (KY) Shimkus Talent Wamp Hostettler Pease Stenholm Barrett (WI) Forbes Lucas (OK) Shows Tancredo Watkins Hulshof Peterson (MN) Stump Bartlett Ford Luther Shuster Tanner Watts (OK) Hunter Peterson (PA) Taylor (NC) Barton Fossella Maloney (CT) Simpson Tauzin Weiner Istook Pickering Terry Bass Fowler Maloney (NY) Sisisky Taylor (MS) Weldon (FL) Jenkins Pitts Thompson (CA) Bateman Frank (MA) Manzullo Skeen Taylor (NC) Weldon (PA) Johnson, Sam Radanovich Thornberry Becerra Franks (NJ) Markey Skelton Terry Weller Jones (NC) Riley Thune Bentsen Frelinghuysen Martinez Slaughter Thompson (CA) Weygand Kingston Rogers Tiahrt Bereuter Gallegly Mascara Smith (NJ) Thompson (MS) Whitfield Largent Ryun (KS) Turner Berkley Ganske Matsui Smith (TX) Thornberry Wicker Lewis (KY) Sandlin Vitter Berman Gejdenson McCarthy (MO) Smith (WA) Thune Wilson Linder Sanford Wamp Berry Gekas McCarthy (NY) Snyder Thurman Wise Lucas (KY) Scarborough Watkins Biggert Gephardt McCollum Souder Tiahrt Wolf Lucas (OK) Schaffer Watts (OK) Bilbray Gibbons McGovern Spence Toomey Wu Manzullo Sensenbrenner Whitfield Bilirakis Gilchrest McHugh Spratt Traficant Wynn McCrery Sessions Wicker Bishop Gillmor McInnis Stabenow Turner Young (AK) McIntyre Shadegg Young (AK) Blagojevich Gilman McIntosh Stearns Udall (CO) Young (FL) Metcalf Sherwood Bliley Gonzalez McIntyre Stenholm Udall (NM) Mica Shimkus Blumenauer Goode McKeon NOES—53 NOT VOTING—8 Blunt Goodlatte McNulty Boehlert Goodling Meehan Allen Lewis (GA) Schaffer Brown (CA) Kaptur Salmon Boehner Gordon Menendez Brady (TX) McCrery Schakowsky Frost Lewis (CA) Thomas Bonilla Goss Metcalf Campbell McDermott Scott Houghton Minge Bonior Graham Mica Capuano McKinney Sensenbrenner Bono Granger Millender- Chenoweth Meek (FL) Serrano Clay Meeks (NY) Smith (MI) b 1032 Borski Green (TX) McDonald Boswell Green (WI) Miller, Gary Clayton Miller (FL) Stark Boucher Greenwood Moakley Conyers Miller, George Tauscher Messrs. STUMP, LUCAS of Okla- Davis (IL) Mink Tierney Boyd Gutierrez Mollohan homa, PACKARD, YOUNG of Alaska, Engel Napolitano Towns Brady (PA) Gutknecht Moore Eshoo Owens Velazquez SHIMKUS, WICKER, and LUCAS of Brown (FL) Hall (OH) Moran (KS) Fattah Oxley Visclosky Kentucky changed their vote from Brown (OH) Hall (TX) Moran (VA) Jackson (IL) Paul Waters Bryant Hansen Morella ‘‘aye’’ to ‘‘no.’’ Johnson, E. B. Payne Watt (NC) Burr Hastings (FL) Murtha Mr. MOAKLEY, Mr. PETRI, Mrs. Kilpatrick Pelosi Waxman Burton Hastings (WA) Myrick Kolbe Rohrabacher Wexler LOWEY, and Messrs. GARY MILLER of Buyer Hayes Nadler LaFalce Rothman Woolsey C Callahan Hayworth Neal California, MOLLOHAN, and M KEON Lee Rush changed their vote from ‘‘no’’ to ‘‘aye.’’ Calvert Hefley Nethercutt So the amendment was agreed to. Camp Herger Ney NOT VOTING—9 Canady Hill (IN) Northup Brown (CA) Houghton Minge The result of the vote was announced Norwood Cannon Hill (MT) Dunn Kaptur Salmon as above recorded. Capps Hilleary Nussle Frost Lewis (CA) Thomas Stated for: Cardin Hilliard Oberstar Carson Hinchey Obey b 1041 Mr. MINGE. Mr. Chairman, on rollcall No. Castle Hinojosa Olver 236, had I been present, I would have voted Chabot Hobson Ortiz Mr. SERRANO and Mrs. CLAYTON ``yes.'' Chambliss Hoeffel Ose changed their vote from ‘‘aye’’ to ‘‘no’’. Clement Hoekstra Packard ANNOUNCEMENT BY THE CHAIRMAN Mr. BLAGOJEVICH changed his vote Clyburn Holden Pallone from ‘‘no’’ to ‘‘aye’’. The CHAIRMAN. Pursuant to House Coble Holt Pascrell Coburn Hooley Pastor So the amendment was agreed to. Resolution 209, the Chair announces The result of the vote was announced that he will reduce to a minimum of 5 Collins Horn Pease Combest Hostettler Peterson (MN) as above recorded. minutes the period of time within Condit Hoyer Peterson (PA) Stated for: which a vote by electronic device will Cook Hulshof Petri Mr. MINGE. Mr. Chairman, on rollcall No. be taken on each amendment on which Cooksey Hunter Phelps Costello Hutchinson Pickering 237, had I been present, I would hav voted the Chair has postponed further pro- Cox Hyde Pickett ``yes.'' ceedings. Coyne Inslee Pitts AMENDMENT NO. 5 OFFERED BY MR. MCCOLLUM Cramer Isakson Pombo AMENDMENT NO. 7 OFFERED BY MR. Crane Istook Pomeroy The CHAIRMAN. The unfinished CUNNINGHAM Crowley Jackson-Lee Porter business is the demand for a recorded The CHAIRMAN. The pending busi- Cubin (TX) Portman vote on the amendment offered by the ness is the demand for a recorded vote Cummings Jefferson Price (NC) gentleman from Florida (Mr. MCCOL- Cunningham Jenkins Pryce (OH) on the amendment offered by the gen- Danner John Quinn LUM) on which further proceedings tleman from California (Mr. Davis (FL) Johnson (CT) Radanovich were postponed and on which the ayes CUNNINGHAM) on which further pro- Davis (VA) Johnson, Sam Rahall prevailed by voice vote. ceedings were postponed and on which Deal Jones (NC) Ramstad The Clerk will designate the amend- DeFazio Jones (OH) Rangel the ayes prevailed by voice vote. DeGette Kanjorski Regula ment. The Clerk will redesignate the Delahunt Kasich Reyes The text of the amendment is as fol- amendment. DeLauro Kelly Reynolds lows: DeLay Kennedy Riley The Clerk redesignated the amend- DeMint Kildee Rivers Part B amendment No. 5 offered by Mr. ment. Deutsch Kind (WI) Rodriguez MCCOLLUM: At the end of the bill, insert the following: RECORDED VOTE Diaz-Balart King (NY) Roemer Dickey Kingston Rogan The CHAIRMAN. A recorded vote has SEC. ll. PROHIBITING JUVENILES FROM POS- Dicks Kleczka Rogers SESSING SEMIAUTOMATIC ASSAULT been demanded. Dingell Klink Ros-Lehtinen WEAPONS. A recorded vote was ordered. Dixon Knollenberg Roukema Section 922(x) of title 18, United States Doggett Kucinich Roybal-Allard The CHAIRMAN. This will be a 5- Dooley Kuykendall Royce Code, is amended— minute vote. Doolittle LaHood Ryan (WI) (1) in paragraph (1)— The vote was taken by electronic de- Doyle Lampson Ryun (KS) (A) by striking ‘‘or’’ at the end of subpara- vice, and there were—ayes 372, noes 53, Dreier Lantos Sabo graph (A); Duncan Largent Sanchez not voting 9, as follows: (B) by striking the period at the end of Edwards Larson Sanders subparagraph (B) and inserting a semicolon; [Roll No. 237] Ehlers Latham Sandlin and Ehrlich LaTourette Sanford AYES—372 Emerson Lazio Sawyer (C) by adding at the end the following: Abercrombie Andrews Bachus English Leach Saxton ‘‘(C) a semiautomatic assault weapon; or Ackerman Archer Baird Etheridge Levin Scarborough ‘‘(D) a large capacity ammunition feeding Aderholt Armey Baker Evans Lewis (KY) Sessions device.’’; H4630 CONGRESSIONAL RECORD — HOUSE June 18, 1999 (2) in paragraph (2)— large capacity ammunition feeding device, or Fletcher Lee Ros-Lehtinen (A) by striking ‘‘or’’ at the end of subpara- a semiautomatic assault weapon to a juve- Foley Levin Rothman graph (A); nile; or Forbes Lewis (GA) Roukema (B) by striking the period at the end of Ford Linder Roybal-Allard ‘‘(D) the possession of a handgun, ammuni- Fossella Lipinski Royce subparagraph (B) and inserting a semicolon; tion, a large capacity ammunition feeding Fowler LoBiondo Rush and device, or a semiautomatic assault weapon Frank (MA) Lowey Ryan (WI) (C) by inserting at the end the following: taken in lawful defense of the juvenile or Franks (NJ) Luther Ryun (KS) ‘‘(C) a semiautomatic assault weapon; or other persons in the residence of the juvenile Frelinghuysen Maloney (CT) Sabo ‘‘(D) a large capacity ammunition feeding or a residence in which the juvenile is an in- Gallegly Maloney (NY) Sanchez device.’’; and vited guest. Ganske Manzullo Sanders (3) by striking paragraph (3) and inserting Gejdenson Markey Sawyer ‘‘(4) A handgun, ammunition, a large ca- Gekas Martinez the following: Saxton pacity ammunition feeding device, or a semi- Gephardt Mascara Schakowsky ‘‘(3) This subsection shall not apply to— automatic assault weapon, the possession of Gilchrest Matsui Scott ‘‘(A) a temporary transfer of a handgun, which is transferred to a juvenile in cir- Gillmor McCarthy (MO) Sensenbrenner ammunition, a large capacity ammunition cumstances in which the transferor is not in Gilman McCarthy (NY) Serrano feeding device, or a semiautomatic assault violation of this subsection, shall not be sub- Gonzalez McCollum Shaw weapon to a juvenile or to the temporary ject to permanent confiscation by the Gov- Goodlatte McDermott Shays possession or use of a handgun, ammunition, Goodling McGovern Sherman ernment if its possession by the juvenile sub- Gordon McHugh Sherwood a large capacity ammunition feeding device, sequently becomes unlawful because of the or a semiautomatic assault weapon by a Goss McInnis Shimkus conduct of the juvenile, but shall be returned Graham McIntosh Shows juvenile— to the lawful owner when such handgun, am- Granger McIntyre Shuster ‘‘(i) if the handgun, ammunition, large ca- munition, large capacity ammunition feed- Green (TX) McKeon Simpson pacity ammunition feeding device, or semi- ing device, or semiautomatic assault weapon Green (WI) McKinney Sisisky automatic assault weapon are possessed and is no longer required by the Government for Greenwood McNulty Skelton used by the juvenile— Gutierrez Meehan Slaughter the purposes of investigation or prosecution. ‘‘(I) in the course of employment, Gutknecht Meek (FL) Smith (MI) ‘‘(5) For purposes of this subsection, the ‘‘(II) in the course of ranching or farming Hall (OH) Meeks (NY) Smith (NJ) term ‘juvenile’ means a person who is less related to activities at the residence of the Hall (TX) Menendez Smith (TX) than 18 years of age. Hastings (FL) Mica Smith (WA) juvenile (or on property used for ranching or Hayes Millender- Snyder farming at which the juvenile, with the per- ‘‘(6)(A) In a prosecution of a violation of this subsection, the court shall require the Hefley McDonald Souder mission of the property owner or lessee, is Hill (IN) Miller (FL) Spratt performing activities related to the oper- presence of a juvenile defendant’s parent or Hilleary Miller, Gary Stabenow ation of the farm or ranch), legal guardian at all proceedings. Hilliard Miller, George Stark ‘‘(III) for target practice, ‘‘(B) The court may use the contempt Hinchey Mink Stearns ‘‘(IV) for hunting, or power to enforce subparagraph (A). Hinojosa Moakley Stenholm ‘‘(V) for a course of instruction in the safe ‘‘(C) The court may excuse attendance of a Hobson Moore Strickland parent or legal guardian of a juvenile defend- Hoeffel Moran (KS) Stupak and lawful use of a firearm; Hoekstra Moran (VA) Sununu ‘‘(ii) clause (i) shall apply only if the juve- ant at a proceeding in a prosecution of a vio- Holden Morella Sweeney nile’s possession and use of a handgun, am- lation of this subsection for good cause Holt Murtha Talent munition, a large capacity ammunition feed- shown. Hooley Myrick Tancredo ing device, or a semiautomatic assault weap- ‘‘(7) For purposes of this subsection only, Horn Nadler Tanner on under this subparagraph are in accord- the term ‘large capacity ammunition feeding Hoyer Napolitano Tauscher ance with State and local law, and the fol- device’ has the same meaning as in section Hulshof Neal Tauzin 921(a)(31) of title 18 and includes similar de- Hutchinson Northup Taylor (MS) lowing conditions are met— Hyde Norwood Terry ‘‘(I) except when a parent or guardian of vices manufactured before the effective date Inslee Nussle Thompson (CA) the juvenile is in the immediate and super- of the Violent Crime Control and Law En- Isakson Oberstar Thompson (MS) visory presence of the juvenile, the juvenile forcement Act of 1994.’’. Jackson (IL) Obey Thune shall have in the juvenile’s possession at all RECORDED VOTE Jackson-Lee Olver Thurman times when a handgun, ammunition, a large (TX) Ortiz Tierney capacity ammunition feeding device, or a The CHAIRMAN. A recorded vote has Jefferson Ose Toomey semiautomatic assault weapon is in the pos- been demanded. Jenkins Owens Towns A recorded vote was ordered. John Oxley Traficant session of the juvenile, the prior written con- Johnson (CT) Pallone Turner sent of the juvenile’s parent or guardian who The vote was taken by electronic de- Johnson, E.B. Pascrell Udall (CO) is not prohibited by Federal, State, or local vice, and there were—ayes 354, noes 69, Jones (OH) Pastor Udall (NM) law from possessing a firearm or ammuni- not voting 11, as follows: Kanjorski Payne Upton tion; and Kasich Pease Velazquez ‘‘(II)(aa) during transportation by the juve- [Roll No. 238] Kelly Pelosi Vento nile directly from the place of transfer to a AYES—354 Kennedy Petri Visclosky Kildee Phelps Walden place at which an activity described in Abercrombie Borski Cunningham Kilpatrick Pickett Walsh clause (i) is to take place the firearm shall Ackerman Boswell Danner Kind (WI) Pitts Waters be unloaded and in a locked container or Allen Boucher Davis (FL) King (NY) Porter Watt (NC) case, and during the transportation by the Andrews Boyd Davis (IL) Kingston Portman Waxman juvenile of that firearm, directly from the Archer Brady (PA) Davis (VA) Kleczka Price (NC) Weiner Armey Brady (TX) Deal Klink Pryce (OH) Weldon (FL) place at which such an activity took place to Bachus Brown (FL) DeFazio the transferor, the firearm shall also be un- Knollenberg Quinn Weldon (PA) Baird Brown (OH) DeGette Kolbe Rahall Weller loaded and in a locked container or case; or Baker Bryant Delahunt Kucinich Ramstad Wexler ‘‘(bb) with respect to employment, ranch- Baldacci Buyer DeLauro Kuykendall Rangel Weygand ing or farming activities as described in Baldwin Calvert DeMint LaFalce Regula Whitfield clause (i), a juvenile may possess and use a Ballenger Camp Deutsch LaHood Reyes Wilson handgun, ammunition, a large capacity am- Barrett (NE) Canady Diaz-Balart Lampson Reynolds Wise Barrett (WI) Capps Dickey Lantos Rivers Wolf munition feeding device, or a semiautomatic Bartlett Capuano Dicks assault weapon with the prior written ap- Larson Rodriguez Woolsey Bass Cardin Dixon Latham Roemer Wu proval of the juvenile’s parent or legal Bateman Carson Doggett LaTourette Rogan Wynn guardian, if such approval is on file with the Becerra Castle Dooley Lazio Rogers Young (FL) adult who is not prohibited by Federal, Bentsen Chabot Doyle Leach Rohrabacher State, or local law from possessing a firearm Bereuter Chambliss Dreier or ammunition and that person is directing Berkley Clayton Duncan NOES—69 Berman Clement Dunn Aderholt Coble Hansen the ranching or farming activities of the ju- Berry Clyburn Edwards Barcia Coburn Hastings (WA) venile; Biggert Collins Ehlers Barr Combest Hayworth ‘‘(B) a juvenile who is a member of the Bilbray Condit Ehrlich Barton Crane Herger Bilirakis Armed Forces of the United States or the Conyers Engel Bonilla Cubin Hill (MT) Bishop National Guard who possesses or is armed Cook English Burr DeLay Hostettler Blagojevich with a handgun, ammunition, a large capac- Cooksey Eshoo Burton Dingell Hunter Bliley ity ammunition feeding device, or a semi- Costello Etheridge Callahan Doolittle Istook Blumenauer Cox Evans Campbell Emerson Johnson, Sam automatic assault weapon in the line of Boehlert Coyne Ewing Cannon Everett Jones (NC) duty; Boehner Cramer Farr Chenoweth Gibbons Largent ‘‘(C) a transfer by inheritance of title (but Bonior Crowley Fattah Clay Goode Lewis (KY) not possession) of a handgun, ammunition, a Bono Cummings Filner June 18, 1999 CONGRESSIONAL RECORD — HOUSE H4631 Lofgren Peterson (PA) Spence have not transferred ownership. Rath- less than a year will no longer be sub- Lucas (KY) Pickering Stump Lucas (OK) Pombo Taylor (NC) er, they have merely been stored in the ject to a background check. Similar McCrery Riley Thornberry pawnbroker’s vault until the owner has proposals were offered by Senators Metcalf Sandlin Tiahrt repaid the money that was loaned CRAIG and LOTT in the other body, the Mollohan Sanford Vitter against the firearm. U.S. Senate, and were explicitly nul- Nethercutt Scarborough Wamp Ney Schaffer Watkins Currently, all pawnbrokers who pawn lified in the Senate by Senator LAU- Packard Sessions Watts (OK) guns are already required to have Fed- TENBERG’s amendment. The expla- Paul Shadegg Wicker eral firearms licenses. Most of them nation is simple, this amendment is a Peterson (MN) Skeen Young (AK) buy and sell guns, as well as taking dangerous one. NOT VOTING—11 them as collateral in pawn loans. This Felons try to redeem firearms at Blunt Kaptur Radanovich amendment does not affect sales. Sales pawnshops four times more frequently Brown (CA) Lewis (CA) Salmon at pawnshops follow the same proce- than felons try to buy guns from gun Frost Minge Thomas dealers. In fact, according to the ATF, Houghton Pomeroy dure as sales at any other gun store. Over the course of a year, some 10 1.4 percent of the purchasers seeking to b 1050 million guns are stored in pawn- purchase firearms from licensed deal- Mr. HANSEN changed his vote from brokers’ vaults, almost as many guns ers are felons or had some other reason ‘‘aye’’ to ‘‘no.’’ as are sold in America. Guns stored in why they were ineligible to purchase a So the amendment was agreed to. pawnshops are locked securely in gun. In sharp contrast, 5.4 percent of The result of the vote was announced vaults. They are safe from theft and persons seeking to redeem their fire- as above recorded. unauthorized access. arms from pawnbrokers were felons or Stated for: States and and municipalities al- had some other reason to be there. We Mr. MINGE. Mr. Chairman, on rollcall No. ready require pawnbrokers to report require as much vigilance at 238, had I been present, I would have voted the identity of anyone who pawns a pawnships, as we require when dealing ``yes.'' gun. Additionally, pawnbrokers are with licensee dealers. This amendment The CHAIRMAN. It is now in order to also required to report the type and se- does not meet that standard. That’s consider amendment No. 8 printed in rial number of each pawned gun. This why I rise in opposition. Part B of House Report 106–186. provides more information for law en- b 1100 AMENDMENT NO. 8 OFFERED BY MR. SESSIONS forcement than the NICS system, al- Mr. SESSIONS. Mr. Chairman, I offer My good friends from Texas are con- lowing the police to check on the per- cerned that the amendment helps ame- an amendment made in order under the son, as well as checking that the fire- rule. liorate discrimination against poor arm has not been reported as lost or people, but we must point out that The CHAIRMAN. The Clerk will des- stolen. ignate the amendment. poor people, just like rich people, can- Most of these reporting systems are not be charged a user fee for back- The text of the amendment is as fol- computerized, allowing this data to be lows: ground checks. Congress explicitly pro- transmitted instantly to local authori- hibited such fees in the Omnibus Ap- Part B amendment No. 8 offered by Mr. ties. In most major metropolitan areas, SESSIONS: propriations Act for 1999, so this is not At the end of the bill, insert the following: the local reporting process to law en- about money. SEC. ll. GUNS PAWNED FOR MORE THAN 1 forcement has been in place for over 20 Crime, gun-tracing information YEAR REQUIRE BACKGROUND years. We want to encourage people to shows that criminals are regular pawn- CHECK. legally utilize licensed, regulated pawn shop customers. While 13 percent of Section 922(t) of title 18, United States stores if they choose to pawn their federally licensed gun dealers had one Code, is amended by adding at the end the guns. or more crime guns traced back to following: If we discourage people from utilizing ‘‘(7) Paragraph (1) shall not apply in con- them during 1996 and 1997, 35 percent of nection with the redemption from a licensee licensed, regulated pawn stores, these federally licensed pawnbrokers had one of a firearm that, during the preceding 365 guns will be out of the tracking ability or more crime guns traced back to days, was delivered to the licensee as collat- of local law enforcement. them. eral for a loan.’’. I urge my colleagues to support the This amendment would allow felons The CHAIRMAN. Pursuant to House Sessions-Frost amendment to provide to raise cash with guns that they pos- Resolution 209, the gentleman from commonsense background checks on sess illegally. This amendment will Texas (Mr. SESSIONS) and a Member op- guns pawned for more than 1 year. make pawnshops safe harbors for posed each will control 5 minutes. Mr. Chairman, I reserve the balance criminals with guns, and I urge my col- The Chair recognizes the gentleman of my time. leagues to vote no. from Texas (Mr. SESSIONS). Ms. LOFGREN. Mr. Chairman, I rise Mr. Chairman, I reserve the balance Mr. SESSIONS. Mr. Chairman, I to claim the time in opposition. of my time. yield myself such time as I may con- The CHAIRMAN. The gentlewoman Mr. SESSIONS. Mr. Chairman, I sume. from California (Ms. LOFGREN) is recog- yield 1 minute to the gentleman from Mr. Chairman, the amendment that I nized for 5 minutes. New Mexico (Mr. SKEEN). am speaking on today would require a Ms. LOFGREN. Mr. Chairman, I yield (Mr. SKEEN asked and was given per- background check on a person whose myself such time as I may consume. mission to revise and extend his re- gun is returned to him by a pawnshop Under current law, persons who sell marks.) if that gun has been stored at the their firearms from pawnshops and Mr. SKEEN. Mr. Chairman, America pawnshop for more than 1 year. later seek to claim their firearms are is facing an ever-increasing problem Pawnshops are small businesses con- subject to background checks. This with violent juvenile crime. It seems tributing to communities all across amendment would create an exception like yesterday that our most pressing America. They provide access to credit to the Brady background check re- problems were kids skipping school and for people who may have difficulty ob- quirement for persons redeeming a fire- drag racing down Main Street on Sat- taining a loan from a standard finan- arm during the year after it’s been urday night. Today’s youth, and I don’t cial institution. These loans are se- pawned. mean to imply all, are committing cured by the physical delivery of col- While the description for this amend- murder, rape, dealing drugs and count- lateral against the loan. ment says it ensures that guns pawned less other heinous crimes that were One of the preferred forms of collat- for more than a year are not returned unfathomable 20 years ago. This cal- eral for these loans is a firearm. Guns, until the owner passes a background lous altitude toward life and societal unlike electronic appliances or fur- check, I think that this description norms could well be our gravest na- niture, are easily stored, have value may confuse Members, because this tional problem. that is easy to establish, and do not de- amendment does in fact instead create While I appreciate the President and preciate or become outdated. a new loophole in current law. some of my colleagues’ belief that it is This amendment deals only with re- Under this amendment, people who the Congress who must fix these prob- turning a gun to its owner. These guns leave their guns at a pawnbroker for lems, I must disagree. We presently H4632 CONGRESSIONAL RECORD — HOUSE June 18, 1999 have hundreds of Federal, State and Ms. JACKSON-LEE of Texas. Mr. ies, facts and figures which they claim local laws addressing these issues, Chairman, I thank the gentlewoman they have. I wrote the Director of the many of which are redundant and to for yielding me time, and I thank the ATF December 21, 1998, and February 2, absolutely no avail. chairman very much. 1999, asking for the results of the Did these laws serve any use at all in I had wanted to be able to support study. I was denied this. This is obvi- preventing the recent violence in Colo- this amendment for my good friend ously an unfair argument, because the rado, Arkansas or Oregon? For exam- from Texas, but I think it is important administration simply wants to have ple, it was a violation of Federal law to to make clear that what this does is for gun control and more guns to be avail- have a loaded firearm within 1,000 feet anyone who pawns their gun and comes able for people on the streets, rather of a school when these acts took place. back within a 2- to 3-month period, than doing the right thing. This alone should have prevented these maybe in that interim may have be- The CHAIRMAN. The question is on acts. The important question is why come a felon, a convicted felon, may be the amendment offered by the gen- did these laws not prevent these sense- out on probation for some gun posses- tleman from Texas (Mr. SESSIONS). less acts of violence? sion or some issue that deals with a The question was taken; and the When a person commits a violent crime, criminal activity, and that individual, Chairman announced that the ayes ap- such as murder, they must be punished quick- although it may be their gun, would peared to have it. ly and to the maximum extent of the law . . ., not be subject to an instant check. Ms. LOFGREN. Mr. Chairman, I de- does it really make a difference what the tool It is well-known, as evidenced by the mand a recorded vote. The CHAIRMAN. Pursuant to House was when the result was death? ATF, that 1.4 percent of the purchasers Resolution 209, further proceedings on When the President and Congress seek to seeking to purchase firearms from fed- the amendment offered by the gen- expand laws and do away with individual lib- erally licensed dealers were prohibited tleman from Texas (Mr. SESSIONS) will erty they are taking the easy way out and a persons; 3.3 percent of the purchasers dangerous approach to problems by address- be postponed. seeking to purchase firearms from fed- It is now in order to consider Amend- ing the result of society's failure . . ., not the erally licensed pawnbrokers were pro- cause. ment No. 9 printed in part B of House hibited persons. Report 106–186. Simply put . . ., we have strayed from the I would ask the gentleman if he AMENDMENT NO. 9 OFFERED BY MR. GOODE ideals which have made this country the great- would just give me a yes or no, whether Mr. GOODE. Mr. Chairman, I offer an est on earth. And now it is time to return to he would be willing to accept a friendly amendment. those basic principles. amendment on his amendment, and to As Thomas Jefferson so eloquently argued, The CHAIRMAN. The Clerk will des- indicate that at any time that you ignate the amendment. ``laws that forbid the carrying of arms . . . dis- seek to reclaim your gun in a pawn- arm only those who are neither inclined nor The text of the amendment is as fol- shop, you be subject to an instant lows: determined to commit crimes . . . Such laws check. Will the gentleman accept that make things worse for the assaulted and bet- Part B amendment No. 9 offered by Mr. as a friendly amendment? GOODE: ter for the assailants; they serve rather to en- Mr. SESSIONS. Mr. Chairman, will At the end of the bill, insert the following: courage than to prevent homicides, for an un- the gentlewoman yield? SEC. . REPEAL OF LAW BANNING FIREARMS IN armed man may be attacked with greater con- Ms. JACKSON-LEE of Texas. I yield THE DISTRICT OF COLUMBIA. fidence than an armed man.'' to the gentleman from Texas. D.C. Law 1–85, enacted September 24, 1976, Mr. Chairman, parents have to take respon- Mr. SESSIONS. Mr. Chairman, I will is hereby repealed, and any provisions of law amended or repealed by such Act are re- sibility for their actions and the actions of their not. children. stored and revived as if such Act had not Ms. JACKSON-LEE of Texas. Mr. been enacted. Schools should teach history, reading, writ- Chairman, reclaiming my time, I thank ing and arithmetic, and stop educating our The CHAIRMAN. Pursuant to House the gentleman very much. Resolution 209, the gentleman from children on how to best abdicate personal re- Let me simply say as we sunsetted sponsibility. Virginia (Mr. GOODE) and a Member op- any sense of gun responsibility early posed each will control 5 minutes. Communities must be accountable to them- this morning in the dark of night, let selves and hold their elected officials at all lev- The Chair recognizes the gentleman me cite the gun owners of America from Virginia (Mr. GOODE). els accountable in return. that sent brief talking points to every- It is not the schools', the Federal Govern- Mr. GOODE. Mr. Chairman, I yield one. Their final comment is, ‘‘Vote no ment's, or the entertainment industry's respon- myself such time as I may consume. on final passage of H.R. 2122.’’ sibility to raise and discipline our children. The Mr. Chairman, this is a modest They knew what they were doing. responsibility rests solely with the family. amendment to lift the outright ban in The bottom line is that all the laws in the They knew that what they wanted to the District of Columbia by repealing world are useless without effective enforce- do was to make sure we had no gun the 1976 gun ban law in the District. It ment and the prompt return to a system of laws whatsoever. does not affect the gun restrictions in Just as last night I tried to bring up swift justice. place prior to 1976, where someone Most importantly, we must return to indi- the handgun provision dealing with a seeking to have a firearm for their self- vidual and familial responsibility and account- private individual not transferring a protection or for the protection of ability, for all laws are pointless without the gun to someone under 21, that walked their business would still have to go proper moral foundation of the home. off the floor of the House. The Gun and get fingerprinted, would have to go Mr. Chairman, it was my responsibility to Owners of America oppose banning ju- down to the D.C. police office and have raise my kids and hold them accountable for venile possession of certain semiauto- a background check, and would have to their deeds and it is their responsibility to do matic rifles; they oppose the multiple be registered and have the gun reg- the same with their children, not the govern- ammunition, suggesting that the Ko- istered. ment's. rean merchants were able to shoot it The focus of this amendment is the Mr. Chairman, I must tell you that it doesn't out in the streets because they had gun ban. If you believe in gun bans, take a village to raise our children, It takes a multiple ammunition; and as well they then you should vote against this loving, caring and actively involved family. oppose mandatory safety locks. amendment, but if you believe that the Finally, it is far past the time for Uncle Sam This is another amendment that will second amendment gives you the right to let mom and dad take care of the kids; the not work. There is no gun safety on to protect yourself and to protect your last thirty years have made it painfully obvious this floor. Vote it down. business, then you should vote ‘‘yes’’ that Uncle Sam's expanded role as parent and Mr. SESSIONS. Mr. Chairman, I on this amendment. educator has completely failed. yield myself the balance of my time. Mr. Chairman, I reserve the balance Mr. Chairman, I hope that my colleagues The CHAIRMAN. The gentleman of my time. will yield the responsibility back to the parents. from Texas is recognized for 30 seconds. Ms. LOFGREN. Mr. Chairman, I Ms. LOFGREN. Mr. Chairman, I yield Mr. SESSIONS. Mr. Chairman, unfor- claim the time in opposition. 2 minutes to the gentlewoman from tunately, what is occurring today is The CHAIRMAN. The gentlewoman Texas (Ms. JACKSON-LEE), a member of what typically occurs in Washington. from California is recognized for 5 min- the committee. My opponents are talking about stud- utes. June 18, 1999 CONGRESSIONAL RECORD — HOUSE H4633

Ms. LOFGREN. Mr. Chairman, I yield Virginia (Mr. GOODE) is restoring the GOODE. In doing so, I want to first convey the 2 minutes to the gentlewoman from the ability to say we can have a firearm in unalterable opposition of the Washington, D.C. District of Columbia (Ms. NORTON). Washington, D.C., to defend ourselves. Mayor Anthony Williams and Chief of Police Ms. NORTON. Mr. Chairman, it is A study by Gary Kleck of Florida Charles Ramsey. This amendment is an abro- bad enough that the Goode amendment State University showed that in ap- gation of the very core principles of home rule shows disrespect for the people I rep- proximately 2 million incidents each here in the Nation's Capital, and of the right of resent, for democratic self-government year, citizens use a firearm for self-de- States and localities to determine the needs of and for me. But hear me. The Goode fense, usually a handgun. their communities. amendment threatens the majestic Mr. Chairman, it is a good idea, and In 1976, the D.C. City Council approved one Federal presence as well as our citi- the statistics are there. Please support of its first enactment under home rule. Mr. zens. the Goode amendment. GOODE's amendment would repeal Title 6, Why? Because the Goode amendment Mr. Chairman, under the Constitu- Chapter 23 of D.C. Code, Section 6±2301 thru makes it legal to sell bomb-making tion of this Nation, we have the right 6±2379, which includes the entire subchapter materials in the Nation’s Capital by to be armed. However, if you choose to on firearms and destructive devices. The en- killing off the District’s strict explo- ignore the rights recognized under the actment of these provisions were a very im- sive regulation. The Goode amendment Constitution, I appeal to you at an- portant step for the District during its fledgling brings domestic terrorism purveyors other level. steps towards self-government and was af- here, increasing the risk to tourists Any creature, from insect to human, firmed by a U.S. District Court in 1978. and to the city’s landmarks, including has the natural drive for self-preserva- My good friend from Virginia's amendment this very Capitol. tion. Self-defense is one of the most unfortunately strikes at the very heart of home How? The Goode amendment shoots fundamental rights we have as human rule, and does so without any prior consulta- the entire explosives and firearms beings, and no individual should ever tion from the elected officials of the District or scheme in the back. The Goode amend- be denied the ability to defend his or the House Subcommittee on the District of Co- ment demeans the very idea of a dig- herself against unwarranted harm. lumbia. It shows no respect for the principle of nified capital. The Goode amendment According to a study by Gary Kleck of Flor- permitting local citizens and elected leaders to makes the Nation’s Capital the most ida State University, in approximately 2 million make local decisions. lenient gun jurisdiction in the country. instances each year, citizens use a firearm for In 1995, Ms. NORTON and I introduced and The Goode amendment encourages self-defense, usually a handgun. passed the D.C. Financial Control Board Act tourists to bring weapons to D.C., only Criminals need have no such fear in which took numerous financial decisions away to have them confiscated in this cap- Washington, DC. The law-abiding, de- from the Mayor and City Council. Unlike Mr. ital. cent citizens of the Nation’s Capital GOODE's amendment the Control Board Act I ask, after the killings of Officers should have the right and the means to underwent hearings and a mark-up through Jacob Chestnut and John Gibson in defend themselves, and that is what the Committee process before passage by this building last summer, which of us this amendment will do. Let’s give the Congress. The Act creating the Control Board would want to send the message that people of Washington the option to de- also enjoyed the input and support of the D.C. D.C. is a city with no handgun laws? fend themselves and their families; Mayor and Chairman of the City Council. Perhaps the strongest opponent of support the Goode amendment. I urge every Member to oppose Mr. changes in the District’s gun laws is Ms. LOFGREN. Mr. Chairman, I yield GOODE's amendment, not on Constitutional D.C. Police Chief Charles Ramsey. 1 minute to the gentleman from Vir- grounds but on procedural ones. While the Chief Ramsey reminds us that we lost ginia (Mr. DAVIS). Congress certainly has the authority to take three local police officers in 3 months’ Mr. DAVIS of Virginia. Mr. Chair- this action, I call on every Member to consider time in 1997. He says that his officers man, we have worked very long and carefully what the reaction of their constituent would be the first to face the con- hard in the District of Columbia to try would be should the House decide to target sequences of increases in guns in homes to bring this Nation’s Capital back. If them and them alone, for a law they have not when they make stops on the streets. you take a look at the crime rates over expressly supported. We are dramatically bringing down the last couple of years, they have gone Mr. GOODE. Mr. Chairman, I yield gun killings in the District. Do not down dramatically. We have done that myself such time as I may consume. Mr. Chairman, I would just point out drive murders of citizens and cops up by taking the police force away from one thing: The person that came in the by killing off local gun laws here. politics. Putting in a new chief, a pro- Mr. GOODE. Mr. Chairman, I yield 1 fessional cadre of officers and trained Capitol and shot the two officers under minute to the gentleman from Florida officers, and controlling the flow of my amendment would have violated the law when he crossed the line. He (Mr. STEARNS). guns into our city is one way that we (Mr. STEARNS asked and was given do that. was illegal unless he had gone down to permission to revise and extend his re- I have the highest respect for the au- the police department, got marks.) thor of this amendment and recognize fingerprinted, got a background check, Mr. STEARNS. Mr. Chairman, I the area that he comes from and the got his gun registered and got himself would ask the gentlewoman from philosophy he represents, but, in this registered. Washington, D.C., what are you talking particular case, I have to reluctantly Mr. Chairman, I yield 1 minute to the about? I do not understand. Let me oppose him. The reason is because the gentleman from Indiana (Mr. read what the Goode amendment does. Nation’s Capital, they have to have the HOSTETTLER). (Mr. HOSTETTLER asked and was Repeals D.C. law I–185, which prohibits same rights of self-determination on given permission to revise and extend D.C. residents from possessing a fire- these kinds of issues that States and his remarks.) arm to allow D.C. residents the right to other cities and counties do across this Mr. HOSTETTLER. Mr. Chairman, I protect and defend themselves. Your country. thank the gentleman for yielding me speech does not reflect the substance of The District of Columbia, the D.C. time. the amendment. Council in 1976 approved this enact- Mr. Chairman, Article I Section 8 of This is a fundamental constitutional ment, and it not only has been con- the Constitution says the Congress has right. I appeal to all my colleagues. firmed through the years by D.C. elect- the power to exercise exclusive Legis- Why should we ignore the rights of in- ed officials, but your police chief; and lation in all Cases whatsoever, over dividuals to have the opportunity to around the metropolitan area I think such District, as may, by Cession of defend themselves? In fact, if you go you will find representatives of police particular States, and the Acceptance back in the evolutionary cycle, it is a officers feel stopping the flow of guns of Congress, become the Seat of the natural drive for all human beings for into this city is very critical. This Government of the United States. self-preservation. It is the most funda- amendment would defeat that purpose, mental right of our human species that so I oppose the amendment. b 1115 we should be able to defend ourselves Mr. Chairman, I regretfully return to the floor This section of the Constitution is against unwarranted harm. So the sim- today to oppose the amendment offered by not hard to understand. The words ‘‘ex- ple amendment of the gentleman from my friend and colleague, Representative clusive’’ and ‘‘all’’ are hardly vague H4634 CONGRESSIONAL RECORD — HOUSE June 18, 1999 and ambiguous. The fundamental right As the Representative from the neighboring (Mr. DOOLITTLE asked and was guaranteed in the Second Amendment jurisdiction of Montgomery County, Maryland, given permission to revise and extend is a right of all United States citizens, and as the Vice-Chair of the Subcommittee on his remarks.) including those who find themselves in the District of Columbia, I am proud of the Mr. DOOLITTLE. Mr. Chairman, I the district. progress that has been made in the revitaliza- commend the gentleman. I thank the How can anyone rationally argue tion of D.C. Public safety has been one of the gentleman from Virginia (Mr. GOODE) that the District of Columbia ban has top concerns of people who live in the District for doing what is right. No government rid this city of guns? The gentleman and among people who live in the surrounding has the right, for heaven’s sakes, to from Virginia (Mr. GOODE) correctly ar- jurisdictions. Over the past three years, the take away one’s God given right to de- gues that, as the crime rate goes down crime rate has dropped; homicide and robbery fend himself and his family. Why nationally, Washington, D.C. continues rates have plummeted to a 25-year low. But should we think the District of Colum- to be a bastion of violence. they are still high compared with other cities, bia Council have that right. It is wrong Criminals know where the largest and this amendment would jeopardize the Dis- for them to do that. It is right for peo- population of helpless victims reside. trict's progress. ple to be able to protect themselves. Let us make sure that they do not The Mayor, the D.C. City Council, and the The District of Columbia is the only think it is in Washington, D.C. D.C. Subcommittee all have worked hard to jurisdiction from the U.S. that pro- Ms. LOFGREN. Mr. Chairman, I ask improve the prospects for home rule to suc- hibits keeping firearms in an operable unanimous consent that 4 additional ceed. It is essential that we take into consider- condition at home for defense against minutes be provided for debate on this ation the views of the District's local officials. criminal attack. The right for people amendment due to requests of Members They are the advocates for a better quality of to be secure in their homes is an ages on both sides of the issue for debate. life for the 500,000 citizens who reside in the old right, affirmed in law and court de- The CHAIRMAN. The gentlewoman District of Columbia. They are the ones who cisions, but rejected in D.C. from California (Ms. LOFGREN) requests must decide whether or not to allow the citi- This jurisdiction is a disaster. It still for 4 minutes be added to each side of zens of the District to own firearms, not the has one of the highest crime rates in U.S. Congress. the debate. the country. Crime generally has Ms. LOFGREN. Mr. Chairman, total; I urge a ``no'' vote on the Goode amend- ment! dropped over the entire country due to 2 on each side. demographic trends. We should vote for The CHAIRMAN. The gentleman Ms. LOFGREN. Mr. Chairman, I yield the gentleman’s amendment and reaf- from California asks unanimous con- 1 minute to the gentleman from Vir- firm even in the District of Columbia sent that the gentleman from Virginia ginia (Mr. MORAN). Mr. MORAN of Virginia. Mr. Chair- people’s God given rights to defend (Mr. GOODE) and the gentlewoman from man, this is a bad amendment. It is the themselves and their families with a California (Ms. LOFGREN) each have 2 wrong thing to do. The gentleman from firearm. additional minutes. Ms. LOFGREN. Mr. Chairman, I yield Mr. HUNTER. Reserving the right to Virginia (Mr. GOODE), I know that he such time as she may consume to the object, Mr. Chairman, I am informed appreciates democracy, and I hope that gentlewoman from New York (Mrs. that we have a number of Members who he realizes that the people of the Dis- MALONEY). are on very, very tight schedules. I my- trict of Columbia have exercised that democracy in a legal manner. (Mrs. MALONEY of New York asked self have an amendment I would like to They reacted to the fact that 84 per- and was given permission to revise and talk on longer, but I am not going to cent of the homicides in this District extend her remarks.) ask for extra time. Regretfully, I ob- come from firearms. Well, now, in the Mrs. MALONEY of New York. Mr. ject. last 10 years the District’s homicide Chairman, I rise in strong opposition The CHAIRMAN. Objection is heard. rate has gone down to the lowest it has The gentlewoman from California to the amendment. been. It has fallen 41 percent from 1994 (Ms. LOFGREN) has 2 minutes remain- The Goode amendment repeals D.C. law 1± to 1998. 85, which prohibits D.C. residents from pos- ing. The gentleman from Virginia (Mr. Now, what this law would do is to 1 sessing a firearm. GOODE) has 1 ⁄2 minutes remaining. allow gun shops to be set up again, to Ms. LOFGREN. Mr. Chairman, I yield The Goode Amendment is paternalistic and allow people to bring more handguns such time as she may consume to the is a slap in the face to the District of Colum- in. It is going to allow explosives. bia's right to self-governance. It strips away gentlewoman from Maryland (Mrs. This is the Nation’s capital. With all MORELLA). the District's comprehensive firearms and ex- the terrorism, threats that we have, to plosives regulation, adopted in 1976, by per- (Mrs. MORELLA asked and was given allow explosives to come back into the permission to revise and extend her re- mitting the registration of firearms that are now city. The people of the District of Co- prohibited. marks.) lumbia knew what they were doing Mrs. MORELLA. Mr. Chairman, I rise Violent crime in the District of Columbia is at when they passed that law. Now to say a historic low, thanks to a combination of in opposition to the Goode amendment. that we know best, coming from a strong community policing, tough gun laws, We have no right to micromanage what rural area that has a very different and aggressive law enforcement and prosecu- happens in the District of Columbia. economy and society and situation tion of those who violate the laws. Mr. Chairman, I rise in strong opposition to than the District, to impose the gentle- D.C.'s homicide rate is the lowest it has the Goode amendment that would overturn the man’s opinion on the District is wrong. law which prohibits citizens of the District of This amendment should be defeated, been in over 10 years. Columbia from possessing a firearm. defeated soundly. Through aggressive gun prosecutions, as- This amendment attempts to micromanage Mr. GOODE. Mr. Chairman, I yield saults with a firearm in D.C. fell 41% from the District of Columbia, without consultation myself such time as I may consume. 1994±1998. with locally elected officials. We have no busi- Mr. Chairman, I would point this out, The Goode amendment will seriously threat- ness doing that. Virginia for years regulated gun shows, en public safety and undermine effective law I believe that the Goode amendment shows had an instant check. Today in the enforcement in the District. a lack of respect for allowing the citizens of United States capital, every State is The Goode amendment will make it legal to Washington, D.C. to make local decisions. I going by Federal rule. What is good for buy and sell all kinds of bomb-making mate- wonder how Mr. GOODE would react if Mayor the goose is good for the gander. rials in the District. Williams or Congresswoman NORTON would They talked about bringing bomb The Goode amendment will make it much work to prohibit the citizens of Albemarle material into the United States cap- easier to obtain handguns in the District by al- County in Virginia from possessing a firearm? ital. The person would have to go down lowing gun shops to open their doors for busi- Congress passed the Home Rule Act in and be registered with the D.C. police ness. 1973 because citizens fought for the right to chief to be able to do that, and I do not The only individuals who will benefit from participate in government. The Goode amend- think the D.C. police chief is going to this amendment are criminals in the District of ment would repeal one of the first D.C. enact- do that. Columbia. ments under Home Rule. This law was passed Mr. Chairman, I yield the balance of This is especially troubling when the D.C. in 1976 by the D.C. Council and even survived the time to the gentleman from Cali- Police Department reports that 84% of all a 1978 court test. fornia (Mr. DOOLITTLE). homicides this year resulted from guns. June 18, 1999 CONGRESSIONAL RECORD — HOUSE H4635 There is no justification for this amendment. It is now in order to consider amend- tions, in 98 percent of the cases that It will only put the lives of District residentsÐ ment No. 10 printed in Part B of House alone deters crime. So American citi- and especially childrenÐat risk by tearing Report 106–186. zens throughout this country in almost down the District's firearms and explosives AMENDMENT NO. 10 OFFERED BY MR. HUNTER every place, 2 million times a year, laws and depriving District citizens of their Mr. HUNTER. Mr. Chairman, I offer protect their families, protect their ability to decide what kinds of firearms laws an amendment. children, protect their wives, and pro- they want to have. The CHAIRMAN. The Clerk will des- tect their property with guns. There is Ms. LOFGREN. Mr. Chairman, I yield ignate the amendment. one place where that does not happen, such time as he may consume to the The text of the amendment is as fol- and that is here in Washington, D.C. gentleman from California (Mr. FARR). lows: Mr. Chairman, I offer this amend- (Mr. FARR of California asked and Part B amendment No. 10 offered by Mr. ment because I was talked to by resi- was given permission to revise and ex- HUNTER: dents of Washington, D.C. I just want tend his remarks.) Add at the end the following: to quote a couple times. Mr. FARR of California. Mr. Chair- ll SEC. . RIGHT OF LAW-ABIDING RESIDENTS OF ‘‘If someone is breaking into your man, I rise in strong opposition to this THE DICTRICT OF COLUMBIA TO home, and you are being put on hold by usurpation of local control. We have KEEP A HANDGUN IN THE HOME. 911, what should you do to protect your 183 local firearm laws in California. (a) DEFENSE.—Notwithstanding any provi- Ms. LOFGREN. Mr. Chairman, I yield sion of law, a person may not be held crimi- wife and children? Or how does my wife nally responsible for the possession of a protect herself if caught in the same the balance of the time to the gentle- handgun, or ammunition appropriate to the woman from the District of Columbia situation when I am out of town?’’ D.C. handgun, if each of the following elements resident. (Ms. NORTON). are established: Ms. NORTON. Mr. Chairman, there is (1) The person is a law-abiding individual ‘‘As a District resident for 10 years, I nothing unique about the District’s not less than 18 years of age. have been a victim of violent crime. It handgun ban law. Dozens of cities have (2) The person is the sole owner of the is a tragedy that the reality in the Na- the exact same law across this United handgun and is in compliance with all appli- tion’s Capital is not if you will be a States. What the gentleman proposes is cable Federal and State registration laws victim of crime, but when you will be dangerous. He cannot even describe and regulations with respect to the handgun. preyed upon by the vicious criminal (3) The possession occurred in the District what would remain in place if his element that roams our streets and of Columbia— neighborhoods.’’ D.C. resident. amendment were passed. (A) in a place of residence of the person; or For example, today one has to reg- (B) if the handgun is unloaded, while the ‘‘The memory of holding a sobbing ister annually under the existing regu- person was traveling to or from a place of hysterical woman after she, by the lations. Under pre 1976 rules, one can residence of the person solely for the purpose grace of God, warded off a rapist who register once. Then if one became a of transporting the handgun in connection managed to rip steel bars off her win- criminal after registering once, so be it with an otherwise lawful transaction or ac- dow and break into her home still for the people in the District of Colum- tivity relating to the handgun. sends chills in my mind.’’ D.C. resi- (b) DEFINITIONS.—For purposes of this sec- dent. bia. tion: As to the gentleman’s views about (1) The term ‘‘handgun’’ has the meaning All these letters came in, Mr. Chair- constitutionality, this law has been given such term in section 921 of title 18, man, when it became known that I was found constitutional. To quote the United States Code. going to offer this amendment. In my courts, ‘‘the Act is a valid exercise of (2) The term ‘‘law-abiding individual’’ view, all law-abiding citizens should the City Council’s legislative author- means an individual who has never been con- therefore have the option of being able ity, and it offends no constitutional victed of a criminal offense for which the to protect their homes with deadly protection of appellees.’’ person actually served time in jail or prison, force if they see fit. As it stands now, Do my colleagues want to know and has never been convicted of battery, as- and we all know this, in D.C. only the sault, or any other violent criminal offense. about the Second Amendment? From crooks have guns. the (Supreme Court) Miller case: ‘‘The The CHAIRMAN. Pursuant to House Now, Mr. Chairman, that is the case. obvious purpose of the Second Amend- Resolution 209, the gentleman from The D.C. government has successfully ment is to assure continuation and to California (Mr. HUNTER) and a Member disarmed every law-abiding citizen in render possible the effectiveness of opposed each will control 5 minutes. Washington, D.C. I have never seen the The Chair recognizes the gentleman State militia. It must be interpreted case made that there are crooks who and applied with that view in mind.’’ from California (Mr. HUNTER). Mr. HUNTER. Mr. Chairman, I yield want guns in Washington, D.C. who This is not a gun vote. This is a vote cannot get them. to stay out of somebody else’s business. myself such time as I may consume. Mr. Chairman, in 1933, a young lady So the only people that have guns in This is a vote to respect me, to respect this community are the bad people, the the people I represent, to respect the named Melba Loman was being robbed at gunpoint next to a high-rise build- people that want to rob, rape, and kill. laws that have been made in our local The point was made in the FBI anal- jurisdiction. ing. During the robbery, a young man leaned out the window with a gun and ysis that was done by the University of This gentleman has some nerve. Most Chicago that guns in America are used of the guns that are killing people in shouted to the robber, drop that gun or I will shoot, at which point the robber five times as often to prevent crime, to the District of Columbia come from the keep somebody from robbing, raping, State of the gentleman from Virginia ran off. The young man’s name was Ronald or killing than they are to commit (Mr. GOODE). They come from his crime. State. Get off of my back. Get out of Reagan, and he knew something then We want to give to D.C. residents, my business. intuitively that we have learned now; whom we do have a constitutional re- The CHAIRMAN. All time for debate and that is that law-abiding citizens sponsibility to have oversight over, we on the amendment has expired. who are allowed to defend themselves The question is on the amendment will deter crime. do want to give those people the same offered by the gentleman from Virginia I want to talk in this amendment rights that millions of other Americans have. So this amendment simply offers (Mr. GOODE). about something that we have not The question was taken; and the talked much about during this gun de- the right of law-abiding D.C. residents Chairman announced that the ayes ap- bate; and that is simply this, 2 million to have a registered handgun in their peared to have it. times each year, American citizens home for home protection. I think it is Ms. LOFGREN. Mr. Chairman, I de- across this country successfully defend a very modest amendment. I think it is mand a recorded vote. their lives and the lives of their family very basic. The CHAIRMAN. Pursuant to House members and their property with guns. Mr. Chairman, I reserve the balance Resolution 209, further proceedings on In most cases, this does not involve a of my time. the amendment offered by the gen- shoot-out, because FBI studies now Ms. LOFGREN. Mr. Chairman, I rise tleman from Virginia (Mr. GOODE) will show that when law-abiding citizens to claim the time in opposition to the be postponed. simply have guns in these confronta- amendment. H4636 CONGRESSIONAL RECORD — HOUSE June 18, 1999 The CHAIRMAN. The gentlewoman guns into the hands of troubled teens attempts to micromanage the govern- from California (Ms. LOFGREN) is recog- in this troubled city. The Hunter ment of the District of Columbia with- nized for 5 minutes. amendment is a vote the criminals in out consulting the locally elected offi- Ms. LOFGREN. Mr. Chairman, I yield D.C. have been waiting for for 23 years. cials. We deserve to respect those peo- 3 2 ⁄4 minutes to the gentlewoman from b 1130 ple who are residents of the District of the District of Columbia (Ms. NORTON). Columbia. Congress should not override Ms. NORTON. Mr. Chairman, the Mr. HUNTER. Mr. Chairman, I yield local efforts to reduce gun violence in gentleman from California (Mr. 30 seconds to the gentleman from Cali- their community. HUNTER) may have been ‘‘talked to,’’ as fornia (Mr. CAMPBELL). I hope this body will vote against the Mr. CAMPBELL. Mr. Chairman, I he said, by residents from the District Hunter amendment. thank my friend for yielding me this of Columbia. Ninety percent of them Congress should not override local efforts to voted for me, and I think that I am en- time. This is actually an inquiry. I do not know how I intend to vote on this. reduce gun violence in their community. titled to speak for them on the floor The crime rate is down in the District, and this afternoon. I would just like to be informed. If I am correct that this bill will re- homicides have also declined. But while the I respect the differences among us on crime rate in the District has declined, so too gun issues. I ask only that my col- store or will recognize the right to pri- vate possession of a handgun, I think has the age of our criminals. Arrests of juve- leagues respect me and the people I niles under 18 for violent offenses increased represent by allowing us to tailor our that is protected under the second amendment, what is our duty as a Fed- by more than 57 percent between 1983 and gun laws to local demographic cir- 1992. It is imperative that juveniles in the Dis- cumstances, just as my colleagues tai- eral Congress if we believe the District of Columbia has not adequately pro- trict should get one unified message from their lor their laws to their districts. local officials. We should not be interfering Here, the Hunter amendment would tected the Constitution, given that the Supreme Court has in 62 years not with local policies and confusing young people inflame an already violence-prone at- in the District with a different message. mosphere. It invites citizens to arm taken a second amendment case? it has been more than two decades since themselves. But they will never keep It is a question on which I would sin- Congress granted residents of the District of up with the criminals, thugs, and cerely seek advice. Columbia the right to elect their own leaders. thieves in this town, according to our Mr. HUNTER. Mr. Chairman, will the A generation later, Congress snatched back local police chief. At least now we put gentleman yield? Mr. CAMPBELL. I yield to the gen- power from the mayor and the D.C. Council, thugs to considerable inconvenience by tleman from California. putting it in the hands of an appointed finan- making them find guns illegally. Mr. HUNTER. Mr. Chairman, the an- cial control board. This year, with a new Although teen gun violence has swer to the gentleman’s question is Mayor and a new D.C. City Council, many of brought us to our senses on the need that this is an excellent vehicle to give the privileges of local self-rule have been re- for new gun laws, the Hunter amend- law-abiding citizens the right to have a turned to local officials. We should allow this ment would allow teens, as young as 18, gun for home protection and to solve process to continue without micromanaging the troubled teens, the first to get that problem. the affairs of the District. ahold of guns in this city, to keep a Ms. LOFGREN. Mr. Chairman, may I I urge a ``no'' on the Hunter amendment. gun in the Nation’s capital. Violent inquire as to how much time remains? Mr. HUNTER. Mr. Chairman, how youths could own guns at 18 legally be- The CHAIRMAN. The gentlewoman much time do we have remaining? cause they were delinquent, not con- from California (Ms. LOFGREN) has 21⁄4 The CHAIRMAN. The gentleman victed as criminals. minutes remaining. The Hunter amendment is so poorly from California (Mr. HUNTER) has 30 Ms. LOFGREN. Mr. Chairman, I ask seconds remaining, and the gentle- and loosely drafted that individuals unanimous consent for 1 additional carrying concealed guns might con- woman from California (Ms. LOFGREN) minute for each side. has 11⁄2 minutes remaining. vince a jury that they believe they Mr. HUNTER. Reserving the right to were transporting them for a purpose Mr. HUNTER. Mr. Chairman, if I object, Mr. Chairman, I regretfully am have the right to close, I will defer to allowed by the Hunter amendment. going to have to object, because I have Many other unintended consequences the other side. been advised there are a lot of Members The CHAIRMAN. The gentlewoman overwhelm any legitimate purpose for with planes going out. I have lots more from California (Ms. LOFGREN), as a allowing residents to arm themselves materials and lots more speakers, but I in their homes here. member of the committee, has the am not going to ask for more time. right to close. I do not know about my colleagues’ So I regretfully am going to object Mr. HUNTER. Mr. Chairman, I yield towns, but in this town, guns in homes not only on this amendment, but on myself the balance of my time. would lure criminals for break-ins and others. thefts, putting more guns on the The CHAIRMAN. Objection is heard. Let me just take the last 30 seconds streets. In this town, troubled teens, The Chair recognizes the gentle- simply to say this. This is the most who most eagerly search out guns here, woman from California (Ms. LOFGREN). basic and simple and, I think, moderate might find them at home instead of in Ms. LOFGREN. Mr. Chairman, I yield of amendments. And if drug dealers in the streets. In this town, kids would 45 seconds to the gentlewoman from this town are not given any time, then more likely find and use guns than Maryland (Mrs. MORELLA). I think the D.C. Council should be adults thwarting criminals. In this (Mrs. MORELLA asked and was given taken to task by the gentlewoman who town, with one of the highest domestic permission to revise and extend her re- just talked. But this gives law-abiding violence rates in the country, the last marks.) citizens the right to have a registered thing we need are guns to inject into Mrs. MORELLA. Mr. Chairman, I will handgun complying with all registra- family arguments. talk quickly and say I am in very tion laws in their home for the protec- The Hunter amendment adds to these strong opposition to the Hunter tion of their loved ones. catastrophic results a new D.C. immu- amendment. It is going to implement a All our statistics show that armed nity from Federal laws enforced every- new law in the District of Columbia citizens do deter crimes. They do it 2 where else in the U.S. The Hunter that would allow law-abiding citizens million times a year throughout this amendment nullifies ‘‘any other provi- to possess a loaded handgun in their Nation. Let us give D.C. residents that sions of law.’’ Therefore, the Hunter home in order to protect themselves right. amendment also wipes out Federal pro- and their families, and my under- Ms. LOFGREN. Mr. Chairman, I yield visions, including the only provisions standing is that this amendment may such time as he may consume to the that deny handguns to fugitives, drug include drug dealers who have not been gentleman from Michigan (Mr. CON- addicts, people under indictment and convicted in the definition of law-abid- YERS), the ranking member of the com- some felons, among others. ing citizens who would be permitted to mittee. A vote for the Hunter amendment is carry firearms. (Mr. CONYERS asked and was given no vote for law-abiding citizens. The I am opposed to this amendment just permission to revise and extend his re- Hunter amendment is a vote to ease as I was to the Goode amendment. It marks.) June 18, 1999 CONGRESSIONAL RECORD — HOUSE H4637

Mr. CONYERS. Mr. Chairman, I rise (Ms. NORTON) for the purpose of closing lent juvenile delinquency shall be deter- in strong objection to this amendment, the debate. mined in accordance with the law of the ju- an intrusion into local decision-mak- Ms. NORTON. Mr. Chairman, this risdiction in which the proceedings were ing. loosely-worded law, for example, de- held. Any State conviction or adjudication of fines a law-abiding individual, who an act of violent juvenile delinquency that Ms. LOFGREN. Mr. Chairman, I yield has been expunged or set aside, or for which 45 seconds to the gentleman from would carry a gun in the streets, as one a person has been pardoned or has had civil Maryland (Mr. WYNN). who has not been convicted and served rights restored, by the jurisdiction in which Mr. WYNN. Mr. Chairman, I thank time. That leaves lots of felons who the conviction or adjudication of an act of the gentlewoman for yielding me this have not served time as an example of violent juvenile delinquency occurred shall time, and I rise to take strong excep- unintended consequences from the gen- not be considered to be a conviction or adju- tion to this amendment. tleman’s bill. Domestic violence felons dication of an act of violent juvenile delin- I represent the neighboring jurisdic- often do not serve time. quency for purposes of this chapter,’’. tion, the State of Maryland, and iron- But one of the main reasons one (b) PROHIBITION.—Section 922 of title 18, United States Code, is amended— ically enough, in concept, I agree with would want to vote against this amend- (1) in subsection (d)— the gentleman. In our State we have ment is who would indeed profit? First, (A) in paragraph (8), by striking ‘‘or’’ at those rights, and there is nothing criminals; secondly, troubled teens; the end; wrong with it. But this amendment is third, accidental shootings by kids; (B) in paragraph (9), by striking the period wrong, because fundamentally it in- fourth, increased shootings of D.C. at the end and inserting ‘‘; or’’; and fringes on the rights of local govern- cops; gun violence during family argu- (C) by inserting after paragraph (9) the fol- ment to make their own decisions. ments; break-ins and theft of guns. lowing: If the District of Columbia were a That is what happens in big cities when ‘‘(10) has been adjudicated to have com- mitted an act of violent juvenile delin- State, any other State, the gentleman guns are freely available. That is what quency.’’; and would never consider imposing the will would happen. (2) in subsection (g)— of this body on a State. They would I ask the Member to remember that (A) in paragraph (8), by striking ‘‘or’’ at argue States rights. In this cases it the demographics of my district are as the end; should be local jurisdictions’ rights. personal to me as his are to him. (B) in paragraph (9), by striking the The District of Columbia Council, in The CHAIRMAN. All time for debate comma at the end and inserting ‘‘; or’’; and their wisdom, have made the decision on this amendment has expired. (C) by inserting after paragraph (9) the fol- that they want to ban handgun posses- The question is on the amendment lowing: offered by the gentleman from Cali- ‘‘(10) who has been adjudicated to have sion. I think we should respect that. committed an act of violent juvenile delin- We should not continue to treat the fornia (Mr. HUNTER). The question was taken; and the quency,’’. District of Columbia as a colony and (c) EFFECTIVE DATE.—The amendments treat it at our whim. We should honor Chairman announced that the ayes ap- made by this section shall only apply to an and respect the local officials and local peared to have it. act of violent juvenile delinquency that oc- jurisdictions. Ms. LOFGREN. Mr. Chairman, I de- curs 180 days or more after the date of the Ms. LOFGREN. Mr. Chairman, I yield mand a recorded vote. enactment of this Act. such time as she may consume to the The CHAIRMAN. Pursuant to House The CHAIRMAN. Pursuant to House gentlewoman from New York (Mrs. Resolution 209, further proceedings on Resolution 209, the gentleman from the amendment offered by the gen- MALONEY). California (Mr. ROGAN) and a Member (Mrs. MALONEY of New York asked tleman from California (Mr. HUNTER) opposed each will control 10 minutes. and was given permission to revise and will be postponed. The Chair recognizes the gentleman It is now in order to consider Amend- extend her remarks.) from California (Mr. ROGAN). Mrs. MALONEY of New York. Mr. ment No. 11 printed in Part B of House Mr. ROGAN. Mr. Chairman, should Chairman, I rise in opposition to the Report 106–186. the gentleman from Illinois (Mr. Hunter amendment. AMENDMENT NO. 11 OFFERED BY MR. ROGAN BLAGOJEVICH) arrive during the debate, Mr. Chairman, as a member of the DC sub- Mr. ROGAN. Mr. Chairman, I offer an I ask unanimous consent that I be able committee, I join my colleagues in strong op- amendment. to divide my time with the distin- The CHAIRMAN. The Clerk will des- position to this amendment. guished gentleman from Illinois and ignate the amendment. I cannot understand why, in the wake of the that he be allowed to control that The text of the amendment is as fol- tragedies in Littleton, Colorado, and Conyers, time. lows: Georgia, this Congress would even consider a The CHAIRMAN. Is there objection Part B amendment No. 11 offered by Mr. measure that would roll back gun laws in our to the request of the gentleman from ROGAN: nation's capital. At the end of the bill, insert the following: California? But even more importantly, I cannot under- SEC. ll. PROHIBITION ON FIREARMS POSSES- There was no objection. stand why some members of this body, who SION BY VIOLENT JUVENILE OF- Mr. ROGAN. Mr. Chairman, I yield pride themselves on their commitment of hon- FENDERS. myself such time as I may consume. oring power to states and local governments, (a) DEFINITION.—Section 921(a)(20) of title (Mr. ROGAN asked and was given would deliberately thwart the will of the people 18, United States Code, is amended— permission to revise and extend his re- (1) by inserting ‘‘(A)’’ after ‘‘(20)’’; marks.) of the District of Columbia. (2) by redesignating subparagraphs (A) and My home city of New York has enacted its (B) as clauses (i) and (ii), respectively; Mr. ROGAN. Mr. Chairman, in the own tough gun-control laws, and I am proud to (3) by inserting after subparagraph (A) the hands of a felon, a firearm is a ticking support them. But even if I didn't, I would de- following: time bomb. That is why it is illegal for fend the rights of New York to pass laws that ‘‘(B) For purposes of subsections (d) and (g) a convicted felon to purchase one. Yet are binding on its own citizens. of section 922, the term ‘adjudicated to have shockingly, in many States, violent This Congress should accord the same re- committed an act of violent juvenile delin- criminals are legally allowed to pur- quency’ means an adjudication of delin- chase guns. Today, it is perfectly legal spect to the residents of our nation's capital. quency in Federal or State court, based on a This amendment is about more than gun finding of the commission of an act by a per- for a violent juvenile who has com- control. It is about local control, and the right son prior to his or her eighteenth birthday mitted a felony to walk into a gun of the people of the District of Columbia to that, if committed by an adult, would be a store on his 18th birthday and legally enact their own laws. serious or violent felony (as defined in sec- walk out armed to kill. I applaud my colleague from the District of tion 3559(c)(2)(F)(i)) had Federal jurisdiction In many States, juveniles convicted Columbia, and my colleague from Virginia [Mr. existed and been exercised.’’; and of violent crime frequently get their DAVIS] for their leadership on this issue, and I (4) in the undesignated paragraph following criminal records erased when they turn urge my colleagues to vote against this subparagraph (B) (as added by paragraph (3) 18. This is wrong. Today we have an op- of this subsection), by striking ‘‘What con- amendment. stitutes’’ and all that follows through ‘‘this portunity to act. I am proud to join Ms. LOFGREN. Mr. Chairman, I yield chapter,’’ and inserting the following: with my good friend, the distinguished the balance of my time to the gentle- ‘‘(C) What constitutes a conviction of such gentleman from Illinois (Mr. woman from the District of Columbia a crime or an adjudication of an act of vio- BLAGOJEVICH) to introduce the violent H4638 CONGRESSIONAL RECORD — HOUSE June 18, 1999 youth offender accountability amend- niles, it is ironic that because of what murder, rape, assault with attempt to ment, which will ban the most violent we did in the dark of night, the exten- commit murder still can, under present and dangerous juvenile offenders from sion of the check to juveniles is merely law, possess the right to own firearms ever possessing a gun. We must put vio- appended to a weakening of our current on their 18th birthday even though, as lent juvenile crime on par with violent gun laws. As we sort through what this I said moments ago, adults are barred adult crime. body did last night, the retreat we from doing so. The violent youth offender account- made from sensible gun safety meas- Since an average of 116,000 juvenile ability amendment will keep firearms ures, it seems to me that licensed gun arrests for violent crimes are referred out of the hands of dangerous violent dealers will now go to the flea markets, to the juvenile court system every felons. Under Federal law, these felo- the pawn shops, the parking lot, and year, this loophole leaves the door wide nies include murder, manslaughter, as- they will sell unchecked, due to the open for the most violent offenders to sault, rape, sexual abuse, kidnapping, Dingell loophole, guns to people who obtain firearms and gives them the op- carjacking, air piracy, robbery, extor- would not otherwise be eligible, and portunity only to use them to commit tion and arson. Simply put, juveniles that will include the juveniles who more crimes. who commit these adult crimes must would have been covered by this History has proven that criminals face adult consequences. amendment that is before us. are ready, willing, and able to walk Mr. Chairman, every year approxi- So while I support the amendment, through that door time and time again. mately 116,000 violent or serious juve- recognizing it is weaker than it should Case studies recently compiled by the nile arrests are processed by the juve- be, I would note that it is not going to Violence Prevention and Research In- nile courts. Very few are processed as be sufficient to save this very flawed stitute at the University of California adult crimes. Most are repeat crimi- effort that we are engaged in here. We have cited dramatic instances of vio- nals. This dangerous loophole in the have failed the mothers and fathers of lent juvenile offenders, who had no Brady law rewards the most violent of America who look to us to stand up to business purchasing firearms, legally these offenders with the right to pos- the special interests and to stand up obtaining them and using then to com- sess a gun when they reach their 18th for the children of America. mit serious crimes. birthday. It is time to close this loop- Mr. Chairman, I reserve the balance In one particular case, a 17-year-old hole and keep our schools and commu- of my time. California youth who served time in ju- nities safe by keeping firearms out of The CHAIRMAN. The gentleman venile detention in the juvenile deten- from Illinois (Mr. BLAGOJEVICH) con- the hands of these violent felons. tion center for assault with a deadly Mr. Chairman, I urge my colleagues trols 5 minutes, and the gentleman is weapon wasted no time in exercising to join the broad coalition who support recognized. his legal right to purchase a handgun Mr. BLAGOJEVICH. Mr. Chairman, I this bill and keep guns out of the hands as soon as he turned 21. Over the next yield myself such time as I may con- of violent juveniles. 10 years, he was arrested 14 times for sume, and I thank the gentleman from Mr. Chairman, I reserve the balance crimes, including burglary, theft, and California (Mr. ROGAN) for providing of my time. me with this time. murder. Ms. LOFGREN. Mr. Chairman, al- Mr. Chairman, let me say I am hon- In a second case, an 18-year-old who though I am not opposed to the amend- ored to join my colleague, the gen- was processed through the juvenile ment, I rise to claim the time in oppo- tleman from California (Mr. ROGAN). court system in California on two occa- sition. He and I are cosponsoring perhaps one sions for assault with a deadly weapon The CHAIRMAN. The gentlewoman of the few pieces of legislation under and assault with intent to kill was also from California (Ms. LOFGREN) is recog- consideration today that can tout en- able to legally purchase a handgun nized for 10 minutes. dorsements from both handgun control when he turned 18. In fact, he was 27 at Ms. LOFGREN. Mr. Chairman, I yield and the NRA. As a Member of Congress the time. At that point, he was later myself such time as I may consume. who has been rated an F minus from arrested and convicted of felony rob- This amendment is supported by the the NRA, I do not know if I should cel- bery with a gun. administration, and it would ban juve- ebrate or cry by that combination. But In short and in summation, our niles found delinquent of certain seri- the fact remains that the handgun con- amendment would treat the most seri- ous violent crimes from buying guns. trol advocates and NRA support this ous class of violent juveniles as adults That is to the good. The amendment because it is very sensible, and it really for their adult crimes and stop them extends the lifetime ban on firearms has to do with what many of us have from getting weapons to hurt others in possessions to any juvenile who is been trying to do over the last several our society. found delinquent of a crime that would weeks here in the Congress, and that is I urge my colleagues to join us in be a serious violent felony as defined pass legislation that prevents those supporting what I think in this case by 18 U.S. Code 3559(c)(2)(F)(i). These with criminal backgrounds from get- really is truly a bipartisan effort. offenses include murder, sexual abuse, ting guns. Mr. Chairman, I reserve the balance carjacking, and extortion, among other This legislation is simple and of my time. offenses punishable by more than 10 straightforward. It bans the most vio- Ms. LOFGREN. Mr. Chairman, may I years in prison. lent juvenile offenders in our society inquire as to how much time remains? However, I think it is worth pointing from possessing firearms for life. As a The CHAIRMAN. The gentleman out that some serious violent felonies matter of fact, it is a common-sense from California (Mr. ROGAN) has 3 min- are excluded from the amendment. The issue that is hard to believe was not utes remaining. The gentlewoman from amendment would not extend the life- law already. The fact remains a juve- California (Ms. LOFGREN) has 7 minutes time ban to the State law offenses pun- nile that has been convicted of murder, remaining. The gentleman from Illi- ishable by 10 years or more that have a juvenile that has been convicted of nois (Mr. BLAGOJEVICH) has 1 minute as an element the use, attempted use, aggravated assault, aggravated crimi- remaining. or threatened use of physical force, in- nal sexual assault, can still buy guns. Ms. LOFGREN. Mr. Chairman, I yield cluding assault with a deadly weapon, Under our legislation, we will apply the 3 minutes to the gentlewoman from vehicular manslaughter and mayhem. same rules to juvenile offenders as we Texas (Ms. JACKSON-LEE) a member of Nevertheless, the amendment does apply to adult offenders. If a juvenile is the committee. represent progress. The administration convicted of the more serious felonies, Ms. JACKSON-LEE of Texas. Mr. believes all crimes committed by juve- murder, rape, aggravated assault, Chairman, I thank the gentlewoman niles of serious violent felonies would armed robbery, that juvenile will be from California (Ms. LOFGREN) for be preferable. I believe as well that prevented from legally owning firearms yielding me the time. that is the case, but I intend to vote for as adults. Mr. Chairman, I have in my hand the amendment. seven pages listing the names of dead I would note, however, that even b 1145 children. This amendment is an impor- though this amendment improves the Young people convicted in juvenile tant one. It deals with a different per- situation on Brady checks for juve- courts of serious violent crimes such as spective, the juvenile Brady bill, which June 18, 1999 CONGRESSIONAL RECORD — HOUSE H4639 says that those juveniles who them- but they are not tried in an adult Mr. Chairman, I simply want to selves committed violent crimes during court, for whatever reason. And then, thank my colleague and my good friend their status as a juvenile cannot, in as opposed to somebody who commits a for his leadership on this issue. It has fact, secure a gun as an adult. crime as an adult or tried as an adult, been a pleasure working with him. I This is a good bill. In fact, as I wear they are not disqualified from owning a want to thank him again and his dedi- this blue ribbon in commemoration and gun later. cated staff for all the hard work that sadness for the tragedy in Columbine, Anybody who commits the crimes they have put into this. if the two perpetrators had lived, obvi- that are under this particular amend- Mr. Chairman, I yield back the bal- ously they may not have ever been out ment as an adult or being tried as an ance of my time. of jail, but they would then be under adult, even under 18, would never be Ms. LOFGREN. Mr. Chairman, I yield this particular bill. It is a tragedy that able to own a gun in their life again. such time as she may consume to the we even have to speak to the idea of ju- But that is not true unless this amend- gentlewoman from California (Mrs. veniles perpetrating such violent ment is adopted with regard to those NAPOLITANO). crimes. It does, however, prevent or juveniles who are tried as delinquents Mrs. NAPOLITANO. Mr. Chairman, it provide a sensitive aspect to the extent or tried in juvenile courts as opposed takes me back to California days, and that if the juvenile has been pardoned to being tried as adults. I am very, very happy to stand here in or that their civil rights restored, it Let me make clear what these crimes support of this amendment with my does not apply. are that need to have this prohibition: colleague from California. But what it does not do, Mr. Chair- Murder, manslaughter, rape, assault Understand that, in California, we man, although this is a very excellent with intent to commit murder, assault have taken very, very many steps to bill, and I congratulate my colleague with intent to commit rape, sexual mo- try to control the proliferation of guns from Illinois, I rise to support it, and lestation, kidnapping, carjacking, rob- amongst our children, and we have not my colleague from California, it does bery, and arson. been able to successfully deal with the not answer the question of the seven If they commit a crime of this grav- young people who are able to acquire pages of dead children, because what it ity and they are convicted of that, ad- these guns and be able to use them in- does not answer is how do we stop judicated of that in a juvenile pro- discriminately, whether they are on those juveniles in the first instance ceeding, they should never be allowed drugs or whether they are doing the from getting guns from flea markets to own a gun again in the future. If drive-bys in the areas where we have and gun shows and the back of a sta- they are an adult, they never would be. the least control. tion wagon of a seller who comes into Why should there be a difference with Now, under this law, any person who their neighborhood or community or these serious crimes if they are a juve- is an adjudicated juvenile delinquent garage sale and opens up 25 Saturday nile and adjudicated in a juvenile may possess firearms when they be- night specials. It does not answer the court? They committed these crimes. come adults. This will prevent those question of whether or not we can even They should be disqualified, as the juveniles from being able to legally ob- prevent the transfer of a handgun to Rogan amendment does, from ever tain and be licensed to carry a gun. someone under 21. being able to own a gun again. This is a very necessary item to the So I would simply say to my col- This is a very important provision. It Brady bill, and we may want to call it leagues that we have at least a first definitely deals with youth violence, the juvenile Brady. And I believe that step, but we still have seven pages of and it is by far and away one of the all of us should support this bill to be murdered children. Amanda Cindy hearts of this legislation. I again com- able to allow our law enforcement offi- Garza, 15, died from a gunshot wound mend him. cers to have one more tool to keep to the head after unintentionally The CHAIRMAN. The gentlewoman guns away from violent individuals, shooting herself with a .357 revolver. from California (Ms. LOFGREN) has 4 whether they be juveniles or adults. No one knows where the gun came minutes remaining. The gentleman Ms. LOFGREN. Mr. Chairman, I yield from. The owner was unknown. Or from Illinois (Mr. BLAGOJEVICH) has 1 such time as she may consume to the Shawn Harvey, 16, was shot and killed minute remaining. The gentleman gentlewoman from New York (Mrs. mistakenly when they thought the boy from California (Mr. ROGAN) has 1 MALONEY). was stealing a neighborhood car. He minute remaining. Mrs. MALONEY of New York. Mr. was shot in the head. The shooter had Ms. LOFGREN. Mr. Chairman, I re- Chairman, I thank the gentlewoman similar prior offenses and was using an serve the balance of my time. for yielding me the time and for her unlicensed gun. Or when Jesse Duane Mr. BLAGOJEVICH. Mr. Chairman, I leadership on this issue. Rogers, 10, and Amanda Rogers, 6, were yield myself such time as I may con- I, too, support this amendment, but I playing Nintendo when their cousin un- sume. rise to really express my disgust and intentionally shot and killed them. Mr. Chairman, all I want to say is, it disappointment that this body reversed The 17-year-old cousin, who had com- is good to see that today, with the help gun safety in this country last night. pleted an NRA hunter’s safety course, of the gentleman from California (Mr. Only in a Republican-controlled Con- was baby-sitting them when he discov- ROGAN) and former prosecutor, we are gress, in the wake of tragedies like ered the 9 millimeter semiautomatic able to pass in a bipartisan fashion leg- Littleton, Colorado, would they come pistol in the closet. islation that closes the loophole. And I to the floor and pass an amendment I hope this amendment passes, Mr. regret to say that we failed to do that which makes it easier, makes it easier, Chairman. But I simply say, we have last night and passed legislation that for criminals to get their hands on not done enough. We need to do more. did not really close the loophole that is guns. Mr. ROGAN. Mr. Chairman, I am gaping and wide, and that we need to Under current law, licensed dealers pleased to yield 2 minutes to the gen- readdress it at some point in the fu- must wait 3 business days for a Brady tleman from Florida (Mr. MCCOLLUM) ture, and I would hope that my friend background check before giving a gun the distinguished chairman of the Sub- the gentleman from California (Mr. to a purchaser. But last night, last committee on Crime of the House Com- ROGAN) and I and others on that side of night, the majority voted to reduce mittee on the Judiciary. the aisle can join us to do that down this time to 24 hours. Mr. MCCOLLUM. Mr. Chairman, this the road because I do not think that we Well, guess who would have gotten a is an excellent amendment. I certainly have done what we really need to do on gun last year if this had been the law? hope that we adopt it today and trust the gun show loophole. I have a list here from the Department that most of my colleagues will vote Having said that again, I commend of Justice, and it talks about people for it. the sponsor of this legislation. who were stopped because of the Brady It is closing a major loophole in the Mr. Chairman, I yield the balance of bill because of the background check. current law with regard to those who my time to the gentlewoman from But if they had just the 24 hours, they commit very bad, violent crimes. In California (Ms. LOFGREN). would have gotten a gun. this case, they happen to be under 18, Mr. ROGAN. Mr. Chairman, I yield On February 6, 1999, a twice-con- they happen to be teenagers, juveniles, myself such time as I may consume. victed domestic violence batterer; on H4640 CONGRESSIONAL RECORD — HOUSE June 18, 1999 April 24, 1999, a person convicted of do- on the amendment offered by the gen- Thompson (CA) Walden Wilson Thornberry Wamp Wise mestic assault and battery. It goes tleman from Texas (Mr. SESSIONS) on Thune Watkins Wolf down. A person convicted of second de- which further proceedings were post- Toomey Watts (OK) Wu gree murder, rape, crack cocaine. poned and on which the ayes prevailed Traficant Weldon (FL) Young (AK) This is outrageous that when this by voice vote. Turner Weldon (PA) Young (FL) country is experiencing youth violence Udall (NM) Whitfield The Clerk will redesignate the Vitter Wicker in our schools, in our neighborhoods, amendment. NOES—181 children killing children, this body The Clerk redesignated the amend- Abercrombie Gejdenson Moakley voted to turn back the clock and make ment. it easier for people to get their hands Ackerman Gephardt Moran (KS) RECORDED VOTE Allen Gilchrest Moran (VA) on guns, felons. Andrews Gilman Morella I urge my colleagues to vote for the The CHAIRMAN. A recorded vote has Baird Greenwood Nadler Conyers substitute and to vote for this been demanded. Baldacci Hastings (FL) Napolitano bill that turns back the clock and A recorded vote was ordered. Baldwin Hinchey Neal Barrett (WI) Hoeffel Olver makes it easier for felons to get their The vote was taken by electronic de- Becerra Holt Owens hands on guns. It is outrageous and it vice, and there were—ayes 247, noes 181, Berkley Hooley Pallone is wrong. not voting 6, as follows: Berman Horn Pastor Ms. LOFGREN. Mr. Chairman, may I Biggert Hoyer Payne [Roll No. 239] Bilbray Inslee Pelosi ask how much time remains? AYES—247 Blagojevich Jackson-Lee Pomeroy The CHAIRMAN. The gentlewoman Blumenauer (TX) Porter has 30 seconds remaining. Aderholt Gallegly Murtha Boehlert Jefferson Price (NC) Archer Gekas Myrick Ms. LOFGREN. Mr. Chairman, I yield Bonior Johnson (CT) Ramstad Armey Gibbons Nethercutt Borski Johnson, E. B. Rangel myself such time as I may consume. Bachus Gillmor Ney Boucher Jones (OH) Rivers Mr. Chairman, I would close by say- Baker Gonzalez Northup Boyd Kaptur Roemer ing that it is fine to vote for the Rogan Ballenger Goode Norwood Brady (PA) Kelly Rogan Barcia Goodlatte Nussle amendment, but let us not fool our- Brady (TX) Kennedy Rothman Barr Goodling Oberstar Brown (FL) Kildee Roukema selves. We are voting to extend the Barrett (NE) Gordon Obey Brown (OH) Kilpatrick Roybal-Allard Brady background check to juveniles. Bartlett Goss Ortiz Campbell King (NY) Sabo That is fine. But, in the dead of night, Barton Graham Ose Capuano Kleczka Sanders Bass Granger Oxley when they thought no one was watch- Cardin Kolbe Sawyer Bateman Green (TX) Packard Castle Kucinich Saxton ing, we weakened the Brady law so Bentsen Green (WI) Paul Clay LaFalce Scarborough that criminals, and I would add juve- Bereuter Gutierrez Pease Clayton Lantos Schakowsky nile criminals, are going to be able to Berry Gutknecht Peterson (MN) Clement Larson Scott Bilirakis Hall (OH) Peterson (PA) Clyburn Leach Serrano buy these guns in the parking lots, in Bishop Hall (TX) Petri Coburn Lee Shadegg the flea markets, in the gun shows. Bliley Hansen Phelps Conyers Levin Shays I do not think the American people Blunt Hastings (WA) Pickering Coyne Lewis (GA) Sherman Boehner Hayes Pickett Crowley Lipinski Slaughter have been fooled one bit. This is not Bonilla Hayworth Pitts what the mothers and fathers of Amer- Cummings LoBiondo Smith (WA) Bono Hefley Pombo Davis (FL) Lofgren Snyder ica expected us to do in the wake of the Boswell Herger Portman Davis (IL) Lowey Stabenow massacre at Columbine High. Bryant Hill (IN) Pryce (OH) DeFazio Lucas (OK) Stark Burr Hill (MT) Quinn DeGette Luther Tauscher The CHAIRMAN. All time has ex- Burton Hilleary Radanovich pired. Delahunt Maloney (CT) Thompson (MS) Buyer Hilliard Rahall DeLauro Maloney (NY) Thurman The question is on the amendment Callahan Hinojosa Regula Deutsch Markey Tiahrt offered by the gentleman from Cali- Calvert Hobson Reyes Dicks Martinez Tierney Camp Hoekstra Reynolds OGAN Dixon Matsui Towns fornia (Mr. R ). Canady Holden Riley The question was taken; and the Dooley McCarthy (MO) Udall (CO) Cannon Hostettler Rodriguez Dunn McCarthy (NY) Upton Chairman announced that the ayes ap- Capps Houghton Rogers Engel McDermott Velazquez peared to have it. Carson Hulshof Rohrabacher Eshoo McGovern Vento Mr. ROGAN. Mr. Chairman, I demand Chabot Hunter Ros-Lehtinen Etheridge McKinney Visclosky Chambliss Hutchinson Royce a recorded vote. Evans McNulty Walsh Chenoweth Hyde Rush Farr Meehan Waters A recorded vote was ordered. Coble Isakson Ryan (WI) Fattah Meek (FL) Watt (NC) The CHAIRMAN. Pursuant to House Collins Istook Ryun (KS) Filner Meeks (NY) Waxman Resolution 209, further proceedings on Combest Jackson (IL) Sanchez Forbes Metcalf Weiner the amendment offered by the gen- Condit Jenkins Sandlin Fossella Mica Weller Cook John Sanford Frank (MA) Millender- Wexler OGAN tleman from California (Mr. R ) Cooksey Johnson, Sam Schaffer Franks (NJ) McDonald Weygand will be postponed. Costello Jones (NC) Sensenbrenner Frelinghuysen Miller, George Woolsey Cox Kanjorski Sessions Ganske Mink Wynn b 1200 Cramer Kasich Shaw Crane Kind (WI) Sherwood NOT VOTING—6 SEQUENTIAL VOTES POSTPONED IN COMMITTEE Cubin Kingston Shimkus OF THE WHOLE Brown (CA) Minge Salmon Cunningham Klink Shows Lewis (CA) Pascrell Thomas The CHAIRMAN. Pursuant to House Danner Knollenberg Shuster Resolution 209, proceedings will now Davis (VA) Kuykendall Simpson b 1226 resume on those amendments on which Deal LaHood Sisisky DeLay Lampson Skeen Mr. INSLEE, Mr. ANDREWS, Ms. further proceedings were postponed in DeMint Largent Skelton VELA´ ZQUEZ, Ms. EDDIE BERNICE the following order: Diaz-Balart Latham Smith (MI) JOHNSON of Texas, Ms. DEGETTE, Mr. Amendment No. 8 offered by the gen- Dickey LaTourette Smith (NJ) HINCHEY, Mrs. ROUKEMA, Messrs. tleman from Texas (Mr. SESSIONS); Dingell Lazio Smith (TX) Doggett Lewis (KY) Souder DELAHUNT, RAMSTAD, LOBIONDO, amendment No. 9 offered by the gen- Doolittle Linder Spence Mrs. MINK of Hawaii, Messrs. DOOLEY tleman from Virginia (Mr. GOODE); Doyle Lucas (KY) Spratt of California, CASTLE, FOSSELLA, amendment No. 10 offered by the gen- Dreier Manzullo Stearns WALSH, SCARBOROUGH, CARDIN, Duncan Mascara Stenholm tleman from California (Mr. HUNTER); Edwards McCollum Strickland GILMAN, GILCHREST, WELLER, and amendment No. 11 offered by the Ehlers McCrery Stump MORAN of Kansas, ROEMER and LI- gentleman from California (Mr. Ehrlich McHugh Stupak PINSKI changed their vote from ‘‘aye’’ ROGAN). Emerson McInnis Sununu English McIntosh Sweeney to ‘‘no.’’ The Chair will reduce to 5 minutes Everett McIntyre Talent Messrs. HINOJOSA, DINGELL, the time for any electronic vote after Ewing McKeon Tancredo SKEEN, Ms. CARSON, Messrs. MOORE, the first vote in this series. Fletcher Menendez Tanner KLINK, HEFLEY, KIND, Mrs. CUBIN, Foley Miller (FL) Tauzin AMENDMENT NO. 8 OFFERED BY MR. SESSIONS and Messrs. JONES of North Carolina, Ford Miller, Gary Taylor (MS) The CHAIRMAN. The pending busi- Fowler Mollohan Taylor (NC) STRICKLAND and MOLLOHAN ness is the demand for a recorded vote Frost Moore Terry changed their vote from ‘‘no’’ to ‘‘aye.’’ June 18, 1999 CONGRESSIONAL RECORD — HOUSE H4641 So the amendment was agreed to. Tancredo Tiahrt Watts (OK) NOT VOTING—7 Tanner Toomey Weldon (FL) The result of the vote was announced Bonilla Minge Thomas Tauzin Turner Whitfield Brown (CA) Pascrell as above recorded. Wicker Taylor (MS) Upton Lewis (CA) Salmon Wilson ANNOUNCEMENT BY THE CHAIRMAN Taylor (NC) Vitter Terry Walsh Young (AK) b 1236 The CHAIRMAN. Pursuant to House Thornberry Wamp Resolution 209, the Chair announces Thune Watkins Mr. KASICH and Mr. FOSSELLA that he will reduce to a minimum of 5 changed their vote from ‘‘aye’’ to ‘‘no.’’ minutes the period of time within NOES—250 So the amendment was rejected. which a vote by electronic device will Abercrombie Gilman Moore The result of the vote was announced be taken on each additional amend- Ackerman Gonzalez Moran (KS) as above recorded. Allen Goodling Moran (VA) ment on which the Chair has postponed Andrews Green (WI) Morella Stated against: further proceedings. Baird Greenwood Murtha Mr. MINGE. Mr. Chairman, on rollcall No. AMENDMENT NO. 9 OFFERED BY MR. GOODE Baldacci Gutierrez Nadler 240, had I been present, I would have voted Baldwin Hall (OH) Napolitano ``no.'' The CHAIRMAN. The pending busi- Barrett (NE) Hastings (FL) Neal ness is the demand for a recorded vote Barrett (WI) Hill (IN) Northup AMENDMENT NO. 10 OFFERED BY MR. HUNTER on the amendment offered by the gen- Becerra Hilliard Nussle The CHAIRMAN. The pending busi- Bentsen Hinojosa Oberstar OODE ness is the demand for a recorded vote tleman from Virginia (Mr. G ) on Bereuter Hobson Olver which further proceedings were post- Berkley Hoeffel Ose on the amendment offered by the gen- poned and on which the ayes prevailed Berman Hoekstra Owens tleman from California (Mr. HUNTER) by voice vote. Biggert Holden Oxley on which further proceedings were Bilirakis Holt Pallone The Clerk will redesignate the Blagojevich Hooley Pastor postponed and on which the ayes pre- amendment. Blumenauer Horn Payne vailed by voice vote. The Clerk redesignated the amend- Boehlert Houghton Pelosi The Clerk will redesignate the Boehner Hoyer Petri amendment. ment. Bonior Hutchinson Pomeroy RECORDED VOTE Bono Hyde Porter The Clerk redesignated the amend- Borski Inslee Portman ment. The CHAIRMAN. A recorded vote has Price (NC) Boswell Jackson (IL) RECORDED VOTE been demanded. Boyd Jackson-Lee Pryce (OH) A recorded vote was ordered. Brady (PA) (TX) Quinn The CHAIRMAN. A recorded vote has Rangel The CHAIRMAN. This will be a 5- Brady (TX) Jefferson been demanded. Brown (FL) Johnson (CT) Regula minute vote. Rivers A recorded vote was ordered. Brown (OH) Johnson, E.B. The vote was taken by electronic de- The vote was taken by electronic de- Campbell Jones (OH) Rodriguez Roemer Capps Kanjorski vice, and there were—ayes 213, noes 208, vice, and there were—ayes 175, noes 250, Ros-Lehtinen Capuano Kaptur answered ‘‘present’’ 3, not voting 10, as answered ‘‘present’’ 2, not voting 7, as Rothman Cardin Kasich Roybal-Allard follows: follows: Carson Kelly Rush Castle Kennedy [Roll No. 241] [Roll No. 240] Ryan (WI) Clay Kildee Sabo AYES—213 AYES—175 Clayton Kilpatrick Sanchez Aderholt Dickey Kingston Aderholt Edwards Miller, Gary Clement Kind (WI) Sanders Armey Dingell Knollenberg Archer Ehrlich Myrick Clyburn King (NY) Sawyer Bachus Doolittle Kuykendall Armey Emerson Nethercutt Condit Kleczka Saxton Baker Dreier Lampson Bachus Everett Ney Conyers Klink Schakowsky Ballenger Duncan Largent Baker Fletcher Norwood Cooksey Kolbe Scott Barcia Dunn Latham Ballenger Gekas Ortiz Costello Kucinich Serrano Barr Edwards Lewis (KY) Barcia Gibbons Packard Coyne Kuykendall Shaw Barrett (NE) Ehrlich Linder Barr Goode Paul Crowley LaFalce Shays Bartlett Emerson Lucas (KY) Bartlett Goodlatte Pease Cummings LaHood Sherman Barton English Lucas (OK) Barton Gordon Peterson (MN) Davis (FL) Lantos Sherwood Bass Everett Manzullo Bass Goss Peterson (PA) Larson Davis (IL) Sisisky Bateman Fletcher Martinez Bateman Graham Phelps Davis (VA) Latham Slaughter Bereuter Fossella McCollum Berry Granger Pickering DeFazio LaTourette Smith (MI) Berry Franks (NJ) McCrery Bilbray Green (TX) Pickett DeGette Leach Smith (WA) Bilbray Gallegly McHugh Bishop Gutknecht Pitts Delahunt Lee Snyder Bilirakis Gekas McInnis Bliley Hall (TX) Pombo DeLauro Levin Spratt Bishop Gibbons McIntosh Blunt Hansen Radanovich Deutsch Lewis (GA) Stabenow Bliley Gilchrest McIntyre Boucher Hastings (WA) Rahall Dicks Linder Stark Blunt Gillmor McKeon Bryant Hayes Ramstad Dixon Lipinski Stupak Boehner Goode Metcalf Burr Hayworth Reyes Doggett LoBiondo Tauscher Bono Goodlatte Mica Burton Hefley Reynolds Dooley Lofgren Thompson (CA) Boswell Gordon Miller, Gary Buyer Herger Riley Doyle Lowey Thompson (MS) Boucher Goss Moran (KS) Callahan Hill (MT) Rogan Ehlers Luther Thurman Bryant Graham Murtha Calvert Hilleary Rogers Engel Maloney (CT) Tierney Burr Granger Myrick Camp Hinchey Rohrabacher English Maloney (NY) Towns Burton Green (TX) Nethercutt Canady Hostettler Roukema Eshoo Markey Traficant Buyer Gutknecht Ney Cannon Hulshof Royce Etheridge Martinez Udall (CO) Callahan Hall (TX) Northup Chabot Hunter Ryun (KS) Evans Mascara Udall (NM) Calvert Hansen Norwood Chambliss Isakson Sandlin Ewing Matsui Velazquez Camp Hastings (WA) Nussle Chenoweth Istook Sanford Farr McCarthy (MO) Vento Campbell Hayes Ortiz Coble Jenkins Scarborough Fattah McCarthy (NY) Visclosky Canady Hayworth Ose Coburn John Schaffer Filner McCollum Walden Cannon Hefley Packard Collins Johnson, Sam Sensenbrenner Foley McDermott Waters Chabot Herger Paul Combest Jones (NC) Sessions Forbes McGovern Watt (NC) Chambliss Hill (MT) Pease Cook Kingston Shadegg Ford McKinney Waxman Chenoweth Hilleary Peterson (MN) Cox Knollenberg Shimkus Fossella McNulty Weiner Coble Hinchey Peterson (PA) Cramer Lampson Shows Fowler Meehan Weldon (PA) Coburn Hobson Phelps Crane Largent Shuster Frank (MA) Meek (FL) Weller Collins Holden Pickering Cubin Lazio Simpson Franks (NJ) Meeks (NY) Wexler Combest Hostettler Pickett Cunningham Lewis (KY) Skeen Frelinghuysen Menendez Weygand Condit Hulshof Pitts Danner Lucas (KY) Skelton Frost Millender- Wise Cook Hunter Pombo Deal Lucas (OK) Smith (NJ) Gallegly McDonald Wolf Cramer Hutchinson Pomeroy DeLay Manzullo Smith (TX) Ganske Miller (FL) Woolsey Crane Hyde Portman DeMint McCrery Souder Gejdenson Miller, George Wu Cubin Isakson Pryce (OH) Diaz-Balart McHugh Spence Gephardt Mink Wynn Cunningham Istook Radanovich Dickey McInnis Stearns Gilchrest Moakley Young (FL) Danner Jenkins Rahall Dingell McIntosh Stenholm Gillmor Mollohan Deal John Ramstad Doolittle McIntyre Stump DeLay Johnson, Sam Regula Dreier McKeon Sununu ANSWERED ‘‘PRESENT’’—2 DeMint Jones (NC) Reyes Duncan Metcalf Sweeney Diaz-Balart Kasich Reynolds Dunn Mica Talent Obey Strickland H4642 CONGRESSIONAL RECORD — HOUSE June 18, 1999 Riley Simpson Thompson (CA) NOT VOTING—10 Hobson McNulty Schaffer Rogan Skeen Thornberry Hoeffel Meehan Schakowsky Archer Farr Salmon Rogers Skelton Thune Hoekstra Meek (FL) Scott Bonilla Lewis (CA) Thomas Tiahrt Holden Meeks (NY) Sensenbrenner Rohrabacher Smith (NJ) Brown (CA) Minge Toomey Holt Menendez Serrano Ros-Lehtinen Smith (TX) Cox Pascrell Roukema Souder Traficant Hooley Metcalf Shaw Royce Spence Turner Horn Mica Shays Ryan (WI) Stearns Upton b 1244 Houghton Millender- Sherman Vitter Hoyer McDonald Sherwood Ryun (KS) Stenholm Walden Hulshof Miller (FL) Shimkus Sandlin Stump Mr. HOLDEN changed his vote from Walsh Hunter Miller, Gary Shows Sanford Stupak ‘‘no’’ to ‘‘aye.’’ Wamp Hutchinson Miller, George Shuster Scarborough Sununu Watkins So the amendment was agreed to. Hyde Mink Simpson Schaffer Sweeney Watts (OK) The result of the vote was announced Inslee Moakley Sisisky Sensenbrenner Talent Weldon (FL) as above recorded. Isakson Mollohan Skeen Sessions Tancredo Whitfield Istook Moore Skelton Shadegg Tanner Wicker Stated against: Jackson (IL) Moran (KS) Slaughter Sherwood Tauzin Wilson Mr. MINGE. Mr. Chairman, on rollcall No. Jackson-Lee Moran (VA) Smith (MI) Shimkus Taylor (MS) Young (AK) 241, had I been present, I would have voted (TX) Morella Smith (NJ) Shows Taylor (NC) Young (FL) ``no.'' Jefferson Murtha Smith (TX) Shuster Terry Jenkins Myrick Smith (WA) AMENDMENT NO. 11 OFFERED BY MR. ROGAN John Nadler Snyder NOES—208 The CHAIRMAN. The pending busi- Johnson (CT) Napolitano Souder Johnson, E. B. Neal Spence Abercrombie Gonzalez Mink ness is the demand for a recorded vote Johnson, Sam Nethercutt Spratt Ackerman Goodling Moakley on the amendment offered by the gen- Jones (NC) Ney Stabenow Allen Greenwood Mollohan tleman from California (Mr. ROGAN), on Jones (OH) Northup Stark Moore Andrews Gutierrez which further proceedings were post- Kanjorski Norwood Stearns Baird Hall (OH) Moran (VA) Kaptur Nussle Stenholm Baldacci Hastings (FL) Morella poned and on which the ayes prevailed Kasich Oberstar Strickland Baldwin Hill (IN) Nadler by voice vote. Kelly Olver Stupak Barrett (WI) Hilliard Napolitano Kennedy Ortiz Sununu Neal The Clerk will redesignate the Becerra Hinojosa amendment. Kildee Ose Sweeney Bentsen Hoeffel Oberstar Kilpatrick Owens Talent Berkley Hoekstra Olver The Clerk redesignated the amend- Kind (WI) Oxley Tancredo Owens Berman Holt ment. King (NY) Packard Tanner Oxley Biggert Hooley Kleczka Pallone Tauscher Pallone RECORDED VOTE Blagojevich Horn Klink Pastor Tauzin Pastor Blumenauer Houghton The CHAIRMAN. A recorded vote has Knollenberg Payne Taylor (MS) Payne Kolbe Pease Terry Boehlert Hoyer Pelosi been demanded. Bonior Inslee Kucinich Pelosi Thompson (CA) Petri A recorded vote was ordered. Kuykendall Peterson (MN) Thompson (MS) Borski Jackson (IL) Porter The vote was taken by electronic de- LaFalce Peterson (PA) Thornberry Boyd Jackson-Lee Price (NC) LaHood Petri Thune Brady (PA) (TX) vice, and there were—ayes 395, noes 27, Quinn Lampson Phelps Thurman Jefferson not voting 12, as follows: Brady (TX) Rangel Lantos Pickering Tierney Brown (FL) Johnson (CT) Rivers [Roll No. 242] Largent Pickett Toomey Brown (OH) Johnson, E.B. Rodriguez AYES—395 Larson Pitts Towns Capps Jones (OH) Roemer Latham Pombo Traficant Capuano Kanjorski Rothman Abercrombie Cannon Engel LaTourette Pomeroy Turner Cardin Kaptur Roybal-Allard Ackerman Capps English Lazio Porter Udall (CO) Carson Kelly Rush Allen Capuano Eshoo Leach Portman Udall (NM) Castle Kennedy Sabo Andrews Cardin Etheridge Lee Price (NC) Upton Clay Kildee Sanchez Armey Carson Evans Levin Pryce (OH) Velazquez Clayton Kilpatrick Sanders Bachus Castle Ewing Lewis (GA) Quinn Vento Clement Kind (WI) Sawyer Baird Chabot Farr Lewis (KY) Radanovich Visclosky Clyburn King (NY) Saxton Baker Chenoweth Fattah Lipinski Rahall Vitter Conyers Kleczka Schakowsky Baldacci Clay Filner LoBiondo Ramstad Walden Cooksey Klink Scott Baldwin Clayton Fletcher Lofgren Rangel Walsh Costello Kolbe Serrano Ballenger Clement Foley Lowey Regula Waters Coyne Kucinich Shaw Barcia Clyburn Ford Lucas (KY) Reyes Watkins Barr Crowley LaFalce Shays Coburn Fossella Lucas (OK) Reynolds Watt (NC) Barrett (NE) Collins Fowler Cummings LaHood Sherman Luther Rivers Watts (OK) Sisisky Barrett (WI) Combest Frank (MA) Davis (FL) Lantos Maloney (CT) Rodriguez Waxman Slaughter Bartlett Condit Franks (NJ) Davis (IL) Larson Maloney (NY) Roemer Weiner Smith (MI) Bass Conyers Frelinghuysen Davis (VA) LaTourette Manzullo Rogers Weldon (FL) Smith (WA) Bateman Cook Frost DeFazio Lazio Markey Rohrabacher Weldon (PA) Snyder Becerra Costello Gallegly DeGette Leach Martinez Ros-Lehtinen Weller Spratt Bentsen Cox Ganske Delahunt Mascara Rothman Wexler Lee Stabenow Bereuter Coyne Gejdenson DeLauro Levin Matsui Roukema Weygand Stark Berkley Cramer Gekas McCarthy (MO) Roybal-Allard Whitfield Deutsch Lewis (GA) Tauscher Berman Crane Gephardt Dicks Lipinski McCarthy (NY) Royce Wicker Thompson (MS) Berry Crowley Gibbons McCollum Rush Wilson Dixon LoBiondo Thurman Biggert Cummings Gilchrest McCrery Ryan (WI) Wise Doggett Lofgren Tierney Bilbray Cunningham Gillmor McDermott Ryun (KS) Wolf Dooley Lowey Towns Bilirakis Danner Gilman McGovern Sabo Woolsey Doyle Luther Udall (CO) Bishop Davis (FL) Gonzalez McHugh Sanchez Wu Ehlers Maloney (CT) Udall (NM) Blagojevich Davis (IL) Goode McInnis Sanders Wynn Engel Maloney (NY) Velazquez Bliley Davis (VA) Goodlatte McIntosh Sandlin Young (AK) Eshoo Markey Vento Blumenauer Deal Goodling McIntyre Sanford Young (FL) Etheridge Mascara Visclosky Boehlert DeFazio Gordon McKeon Sawyer Evans Matsui Waters Boehner DeGette Goss McKinney Saxton Ewing McCarthy (MO) Watt (NC) Bonior Delahunt Granger Fattah McCarthy (NY) Waxman Bono DeLauro Green (TX) NOES—27 Filner McDermott Weiner Borski DeMint Green (WI) Aderholt Dickey Paul Foley McGovern Weldon (PA) Boswell Deutsch Greenwood Archer Doolittle Riley Forbes McKinney Weller Boucher Diaz-Balart Gutierrez Barton Hansen Scarborough Ford McNulty Wexler Boyd Dicks Gutknecht Blunt Hill (MT) Sessions Fowler Meehan Weygand Brady (PA) Dingell Hall (OH) Burton Hinchey Shadegg Frank (MA) Meek (FL) Wise Brady (TX) Dixon Hall (TX) Chambliss Hostettler Stump Frelinghuysen Wolf Brown (FL) Doggett Hastings (FL) Meeks (NY) Coble Kingston Taylor (NC) Frost Menendez Woolsey Brown (OH) Dooley Hastings (WA) Wu Bryant Doyle Hayes Cubin Linder Tiahrt Ganske Millender- DeLay Obey Wamp Gejdenson McDonald Wynn Burr Dreier Hayworth Buyer Duncan Hefley Gephardt Miller (FL) NOT VOTING—12 Gilman Miller, George Callahan Dunn Herger Calvert Edwards Hill (IN) Bonilla Forbes Pascrell ANSWERED ‘‘PRESENT’’—3 Camp Ehlers Hilleary Brown (CA) Graham Rogan Campbell Ehrlich Hilliard Cooksey Lewis (CA) Salmon Green (WI) Obey Strickland Canady Emerson Hinojosa Everett Minge Thomas June 18, 1999 CONGRESSIONAL RECORD — HOUSE H4643 b 1252 in a manner that is designed to protect (3) firearms and ammunition that are ex- their real-life interests, rather than hibited or offered for sale or exchange at gun Mr. KLINK and Mr. INSLEE changed shows, flea markets, and other organized their vote from ‘‘no’’ to ‘‘aye.’’ our partisan interests. I deeply believe in the need to take events move easily in and substantially af- So the amendment was agreed to. fect interstate commerce; The result of the vote was announced strong, meaningful action and thought- (4) in fact, even before a firearm is exhib- as above recorded ful action to deal with the problems of ited or offered for sale or exchange at a gun Stated for: juvenile violence, public safety, and show, flea market, or other organized event, Mr. MINGE. Mr. Chairman, on rollcall No. the protection of basic American val- the gun, its component parts, ammunition, ues. But this process virtually guaran- and the raw materials from which it is man- 242, had I been present, I would have voted ufactured have moved in interstate com- ``yes.'' tees that this Congress will produce nothing of the kind. So my vote will be merce; PREFERENTIAL MOTION OFFERED BY MR. OBEY a protest against the way Congress has (5) gun shows, flea markets, and other or- ganized events at which firearms are exhib- Mr. OBEY. Mr. Chairman, I offer a politicized a critical national problem. preferential motion. ited or offered for sale or exchange, provide I also want to note that I voted a convenient and centralized commercial lo- The CHAIRMAN. The Clerk will re- present on two of the previous four port the motion. cation at which firearms may be bought and issues that we just voted on, the two sold anonymously, often without background The Clerk read as follows: relating to the District of Columbia, checks and without records that enable gun Mr. OBEY moves that the Committee of because in my view I was not elected to tracing; the Whole now rise and report the bill back be a city councilman for the District of (6) at gun shows, flea markets, and other to the House with the recommendation that Columbia. I believe the city’s issues organized events at which guns are exhibited the enacting clause be stricken. or offered for sale or exchange, criminals and should be left to themselves, so I voted The CHAIRMAN. The gentleman other prohibited persons obtain guns without present as an effort to protest the way background checks and frequently use guns from Wisconsin (Mr. OBEY) is recog- that this House routinely interposes its nized for 5 minutes. that cannot be traced to later commit judgment on matters that are strictly crimes; Mr. OBEY. Mr. Chairman, I voted in local affairs. (7) many persons who buy and sell firearms the end against passage of the so-called The CHAIRMAN. The question is on at gun shows, flea markets, and other orga- juvenile justice bill yesterday, and I the preferential motion offered by the nized events cross State lines to attend these will oppose this bill on final passage events and engage in the interstate transpor- gentleman from Wisconsin (Mr. OBEY). tation of firearms obtained at these events; today. I do not disagree with much of The question was taken; and the the content. I voted for the Dingell (8) gun violence is a pervasive, national Chairman announced that the noes ap- problem that is exacerbated by the avail- amendment last night. peared to have it. I will vote against this bill today be- ability of guns at gun shows, flea markets, Mr. OBEY. Mr. Chairman, I demand a and other organized events; cause the process by which Congress recorded vote. (9) firearms associated with gun shows considered both of these bills is a na- The CHAIRMAN. Those in favor of a have been transferred illegally to residents tional disgrace. It has resulted in Con- recorded vote will rise and remain of another State by Federal firearms licens- gress making crucial decisions on mat- standing. The Chair will count all ees and nonlicensed firearms sellers, and have been involved in subsequent crimes in- ters ranging from legal liabilities of Members standing. families, local school governance, judi- cluding drug offenses, crimes of violence, Mr. OBEY. Mr. Chairman, I ask property crimes, and illegal possession of cial sentencing, and religious liberty unanimous consent to withdraw my re- and other issues without any clear un- firearms by felons and other prohibited per- quest for a recorded vote. sons; and derstanding of the legal impact and the The CHAIRMAN. Is there objection (10) Congress has the power, under the real-world effect of our actions. to the request of the gentleman from interstate commerce clause and other provi- That happened because neither of Wisconsin? sions of the Constitution of the United these bills was produced through the There was no objection. States, to ensure, by enactment of this Act, that criminals and other prohibited persons normal committee hearing and delib- So the motion was rejected. eration process, which is the main tool do not obtain firearms at gun shows, flea It is now in order to consider the markets, and other organized events. Congress has to protect liberty and amendment deemed as the last amend- protect justice for the people we rep- (b) DEFINITIONS.—Section 921(a) of title 18, ment printed in Part B of House Report United States Code, is amended by adding at resent. 106–186. There is a reason why Congress nor- the end the following: mally has a hearing process to allow AMENDMENT IN THE NATURE OF A SUBSTITUTE ‘‘(35) GUN SHOW.—The term ‘gun show’ NO. 12 OFFERED BY MR. CONYERS the general public and experts alike to means any event— ‘‘(A) at which 50 or more firearms are of- think aloud about what it is that Con- Mr. CONYERS. Mr. Chairman, I offer an amendment in the nature of a sub- fered or exhibited for sale, transfer, or ex- gress is planning to do, to make sure change, if 1 or more of the firearms has been that they and Congress have a full un- stitute. The CHAIRMAN. The Clerk will des- shipped or transported in, or otherwise af- derstanding of the results of the con- fects, interstate or foreign commerce; and templated actions. ignate the amendment in the nature of ‘‘(B) at which— But these bills were brought to the a substitute. ‘‘(i) not less than 20 percent of the exhibi- floor in a process that short-circuits The text of the amendment in the na- tors are firearm exhibitors; what Congress is able to do best as an ture of a substitute is as follows: ‘‘(ii) there are not less than 10 firearm ex- Part B amendment in the nature of a sub- hibitors; or institution: Namely, to carefully sort ‘‘(iii) 50 or more firearms are offered for out in committee the nuances of crit- stitute No. 12 deemed printed in House Re- port 106–186 offered by Mr. CONYERS: sale, transfer, or exchange. ical issues, aided by the expertise that Strike all after the enacting clause and in- ‘‘(36) GUN SHOW PROMOTER.—The term ‘gun committee members develop in their sert the following: show promoter’ means any person who orga- specialty areas of jurisdiction. TITLE I—GENERAL FIREARM PROVISIONS nizes, plans, promotes, or operates a gun The process by which these bills were show. SECTION. 101. EXTENSION OF BRADY BACK- considered has contributed to a con- GROUND CHECKS TO GUN SHOWS. ‘‘(37) GUN SHOW VENDOR.—The term ‘gun tinuing erosion of this body as a re- (a) FINDINGS.—Congress finds that— show vendor’ means any person who exhibits, spected legislative institution. More (1) more than 4,400 traditional gun shows sells, offers for sale, transfers, or exchanges and more, the Congress is not passing are held annually across the United States, 1 or more firearms at a gun show, regardless real legislation, it is passing institu- attracting thousands of attendees per show of whether or not the person arranges with tional press releases aimed far more at and hundreds of Federal firearms licensees the gun show promoter for a fixed location and nonlicensed firearms sellers; from which to exhibit, sell, offer for sale, sending political messages than they transfer, or exchange 1 or more firearms.’’ are at solving problems. (2) traditional gun shows, as well as flea markets and other organized events, at (c) REGULATION OF FIREARMS TRANSFERS AT This chaos must stop or this institu- which a large number of firearms are offered GUN SHOWS.— tion will lose the confidence of the pub- for sale by Federal firearms licensees and (1) IN GENERAL.—Chapter 44 of title 18, lic, which has the right to believe that nonlicensed firearms sellers, form a signifi- United States Code, is amended by adding at we will consider each and every matter cant part of the national firearms market; the end the following: H4644 CONGRESSIONAL RECORD — HOUSE June 18, 1999 ‘‘§ 931. Regulation of firearms transfers at censed manufacturer, or licensed dealer ‘‘(1) shall be in a form specified by the Sec- gun shows through which the transfer is made under retary by regulation; ‘‘(a) REGISTRATION OF GUN SHOW PRO- subsection (e) makes the notification de- ‘‘(2) shall not include the name of or other MOTERS.—It shall be unlawful for any person scribed in subsection (e)(3)(A); and identifying information relating to the to organize, plan, promote, or operate a gun ‘‘(B) notwithstanding subparagraph (A), transferee; and show unless that person— shall not receive the firearm from the trans- ‘‘(3) shall not duplicate information pro- ‘‘(1) registers with the Secretary in accord- feror if the licensed importer, licensed manu- vided in any report required under sub- ance with regulations promulgated by the facturer, or licensed dealer through which section (e)(4). Secretary; and the transfer is made under subsection (e) ‘‘(g) FIREARM TRANSACTION DEFINED.—In ‘‘(2) pays a registration fee, in an amount makes the notification described in sub- this section, the term ‘firearm transaction’— determined by the Secretary. section (e)(3)(B). ‘‘(1) includes the offer for sale, sale, trans- ‘‘(e) RESPONSIBILITIES OF LICENSEES.—A li- ‘‘(b) RESPONSIBILITIES OF GUN SHOW PRO- fer, or exchange of a firearm; and censed importer, licensed manufacturer, or MOTERS.—It shall be unlawful for any person ‘‘(2) does not include the mere exhibition of licensed dealer who agrees to assist a person to organize, plan, promote, or operate a gun a firearm.’’. who is not licensed under this chapter in car- show unless that person— (2) PENALTIES.—Section 924(a) of title 18, rying out the responsibilities of that person United States Code, is amended by adding at ‘‘(1) before commencement of the gun under subsection (c) or (d) with respect to show, verifies the identity of each gun show the end the following: the transfer of a firearm shall— ‘‘(7)(A) Whoever knowingly violates sec- vendor participating in the gun show by ex- ‘‘(1) enter such information about the fire- amining a valid identification document (as tion 931(a) shall be fined under this title, im- arm as the Secretary may require by regula- prisoned not more than 5 years, or both. defined in section 1028(d)(1)) of the vendor tion into a separate bound record; containing a photograph of the vendor; ‘‘(B) Whoever knowingly violates sub- ‘‘(2) record the transfer on a form specified section (b) or (c) of section 931, shall be— ‘‘(2) before commencement of the gun by the Secretary; show, requires each gun show vendor to ‘‘(i) fined under this title, imprisoned not ‘‘(3) comply with section 922(t) as if trans- more than 2 years, or both; and sign— ferring the firearm from the inventory of the ‘‘(A) a ledger with identifying information ‘‘(ii) in the case of a second or subsequent licensed importer, licensed manufacturer, or conviction, such person shall be fined under concerning the vendor; and licensed dealer to the designated transferee ‘‘(B) a notice advising the vendor of the ob- this title, imprisoned not more than 5 years, (although a licensed importer, licensed man- or both. ligations of the vendor under this chapter; ufacturer, or licensed dealer complying with and ‘‘(C) Whoever willfully violates section this subsection shall not be required to com- 931(d), shall be— ‘‘(3) notifies each person who attends the ply again with the requirements of section gun show of the requirements of this chap- ‘‘(i) fined under this title, imprisoned not 922(t) in delivering the firearm to the non- more than 2 years, or both; and ter, in accordance with such regulations as licensed transferor), and notify the non- the Secretary shall prescribe; and ‘‘(ii) in the case of a second or subsequent licensed transferor and the nonlicensed conviction, such person shall be fined under ‘‘(4) maintains a copy of the records de- transferee— scribed in paragraphs (1) and (2) at the per- this title, imprisoned not more than 5 years, ‘‘(A) of such compliance; and or both. manent place of business of the gun show ‘‘(B) if the transfer is subject to the re- promoter for such period of time and in such ‘‘(D) Whoever knowingly violates sub- quirements of section 922(t)(1), of any receipt section (e) or (f) of section 931 shall be fined form as the Secretary shall require by regu- by the licensed importer, licensed manufac- lation. under this title, imprisoned not more than 5 turer, or licensed dealer of a notification years, or both. ‘‘(c) RESPONSIBILITIES OF TRANSFERORS from the national instant criminal back- ‘‘(E) In addition to any other penalties im- OTHER THAN LICENSEES.— ground check system that the transfer would posed under this paragraph, the Secretary ‘‘(1) IN GENERAL.—If any part of a firearm violate section 922 or would violate State may, with respect to any person who know- transaction takes place at a gun show, it law; shall be unlawful for any person who is not ingly violates any provision of section 931— ‘‘(4) not later than 10 days after the date on ‘‘(i) if the person is registered pursuant to licensed under this chapter to transfer a fire- which the transfer occurs, submit to the Sec- arm to another person who is not licensed section 931(a), after notice and opportunity retary a report of the transfer, which for a hearing, suspend for not more than 6 under this chapter, unless the firearm is report— transferred through a licensed importer, li- months or revoke the registration of that ‘‘(A) shall be on a form specified by the person under section 931(a); and censed manufacturer, or licensed dealer in Secretary by regulation; and accordance with subsection (e). ‘‘(ii) impose a civil fine in an amount equal ‘‘(B) shall not include the name of or other to not more than $10,000.’’. ‘‘(2) CRIMINAL BACKGROUND CHECKS.—A per- identifying information relating to any per- (3) TECHNICAL AND CONFORMING AMEND- son who is subject to the requirement of son involved in the transfer who is not li- paragraph (1)— MENTS.—Chapter 44 of title 18, United States censed under this chapter; Code, is amended— ‘‘(A) shall not transfer the firearm to the ‘‘(5) if the licensed importer, licensed man- transferee until the licensed importer, li- (A) in the chapter analysis, by adding at ufacturer, or licensed dealer assists a person the end the following: censed manufacturer, or licensed dealer other than a licensee in transferring, at 1 ‘‘931. Regulation of firearms transfers at gun through which the transfer is made under time or during any 5 consecutive business shows.’’; subsection (e) makes the notification de- days, 2 or more pistols or revolvers, or any scribed in subsection (e)(3)(A); and combination of pistols and revolvers totaling and ‘‘(B) notwithstanding subparagraph (A), 2 or more, to the same nonlicensed person, in (B) in the first sentence of section 923(j), by shall not transfer the firearm to the trans- addition to the reports required under para- striking ‘‘a gun show or event’’ and inserting feree if the licensed importer, licensed manu- graph (4), prepare a report of the multiple ‘‘an event’’; and facturer, or licensed dealer through which transfers, which report shall be— (d) INSPECTION AUTHORITY.—Section the transfer is made under subsection (e) ‘‘(A) prepared on a form specified by the 923(g)(1) is amended by adding at the end the makes the notification described in sub- Secretary; and following: section (e)(3)(B). ‘‘(B) not later than the close of business on ‘‘(E) Notwithstanding subparagraph (B), ‘‘(3) ABSENCE OF RECORDKEEPING REQUIRE- the date on which the transfer occurs, for- the Secretary may enter during business MENTS.—Nothing in this section shall permit warded to— hours the place of business of any gun show or authorize the Secretary to impose record- ‘‘(i) the office specified on the form de- promoter and any place where a gun show is keeping requirements on any nonlicensed scribed in subparagraph (A); and held for the purposes of examining the vendor. ‘‘(ii) the appropriate State law enforce- records required by sections 923 and 931 and ‘‘(d) RESPONSIBILITIES OF TRANSFEREES ment agency of the jurisdiction in which the the inventory of licensees conducting busi- OTHER THAN LICENSEES.— transfer occurs; and ness at the gun show. Such entry and exam- ‘‘(1) IN GENERAL.—If any part of a firearm ‘‘(6) retain a record of the transfer as part ination shall be conducted for the purposes transaction takes place at a gun show, it of the permanent business records of the li- of determining compliance with this chapter shall be unlawful for any person who is not censed importer, licensed manufacturer, or by gun show promoters and licensees con- licensed under this chapter to receive a fire- licensed dealer. ducting business at the gun show and shall arm from another person who is not licensed ‘‘(f) RECORDS OF LICENSEE TRANSFERS.—If not require a showing of reasonable cause or under this chapter, unless the firearm is any part of a firearm transaction takes place a warrant.’’. transferred through a licensed importer, li- at a gun show, each licensed importer, li- (e) INCREASED PENALTIES FOR SERIOUS REC- censed manufacturer, or licensed dealer in censed manufacturer, and licensed dealer ORDKEEPING VIOLATIONS BY LICENSEES.—Sec- accordance with subsection (e). who transfers 1 or more firearms to a person tion 924(a)(3) of title 18, United States Code, ‘‘(2) CRIMINAL BACKGROUND CHECKS.—A per- who is not licensed under this chapter shall, is amended to read as follows: son who is subject to the requirement of not later than 10 days after the date on ‘‘(3)(A) Except as provided in subparagraph paragraph (1)— which the transfer occurs, submit to the Sec- (B), any licensed dealer, licensed importer, ‘‘(A) shall not receive the firearm from the retary a report of the transfer, which licensed manufacturer, or licensed collector transferor until the licensed importer, li- report— who knowingly makes any false statement June 18, 1999 CONGRESSIONAL RECORD — HOUSE H4645 or representation with respect to the infor- has been expunged or set aside, or for which pacity ammunition feeding device or a semi- mation required by this chapter to be kept in a person has been pardoned or has had civil automatic assault weapon in the commission the records of a person licensed under this rights restored, by the jurisdiction in which of a violent felony. chapter, or violates section 922(m) shall be the conviction or adjudication of an act of ‘‘(B) A person other than a juvenile who fined under this title, imprisoned not more violent juvenile delinquency occurred shall knowingly violates section 922(x)— than 1 year, or both. not be considered to be a conviction or adju- ‘‘(i) shall be fined under this title, impris- dication of an act of violent juvenile delin- ‘‘(B) If the violation described in subpara- oned not more than 1 year, or both; and quency for purposes of this chapter,’’. graph (A) is in relation to an offense— ‘‘(ii) if the person sold, delivered, or other- (b) PROHIBITION.—Section 922 of title 18, ‘‘(i) under paragraph (1) or (3) of section wise transferred a handgun, ammunition, 922(b), such person shall be fined under this United States Code, is amended— large capacity ammunition feeding device or title, imprisoned not more than 5 years, or (1) in subsection (d)— a semiautomatic assault weapon to a juve- both; or (A) in paragraph (8), by striking ‘‘or’’ at ‘‘(ii) under subsection (a)(6) or (d) of sec- the end; nile knowing or having reasonable cause to tion 922, such person shall be fined under this (B) in paragraph (9), by striking the period know that the juvenile intended to carry or title, imprisoned not more than 10 years, or at the end and inserting ‘‘; or’’; and otherwise possess or discharge or otherwise both.’’. (C) by inserting after paragraph (9) the fol- use the handgun, ammunition, large capac- (f) INCREASED PENALTIES FOR VIOLATIONS lowing: ity ammunition feeding device or semiauto- OF CRIMINAL BACKGROUND CHECK REQUIRE- ‘‘(10) has committed an act of violent juve- matic assault weapon in the commission of a MENTS.— nile delinquency.’’; and violent felony, shall be fined under this title, (1) PENALTIES.—Section 924 of title 18, (2) in subsection (g)— imprisoned not more than 20 years, or both. United States Code, is amended— (A) in paragraph (8), by striking ‘‘or’’ at ‘‘(C) For purposes of this paragraph a ‘vio- (A) in paragraph (5), by striking ‘‘sub- the end; lent felony’ means conduct as described in section (s) or (t) of section 922’’ and inserting (B) in paragraph (9), by striking the section 924(e)(2)(B) of this title. ‘‘section 922(s)’’; and comma at the end and inserting ‘‘; or’’; and ‘‘(D) Except as otherwise provided in this (C) by inserting after paragraph (9) the fol- (B) by adding at the end the following: chapter, in any case in which a juvenile is lowing: ‘‘(8) Whoever knowingly violates section prosecuted in a district court of the United ‘‘(10) who has committed an act of violent 922(t) shall be fined under this title, impris- States, and the juvenile is subject to the oned not more than 5 years, or both.’’. juvenile delinquency,’’. FFECTIVE ATE OF DJUDICATION RO penalties under clause (ii) of paragraph (A), (2) ELIMINATION OF CERTAIN ELEMENTS OF (c) E D A P - VISIONS.—The amendments made by this sec- the juvenile shall be subject to the same OFFENSE.—Section 922(t)(5) of title 18, United laws, rules, and proceedings regarding sen- States Code, is amended by striking ‘‘and, at tion shall only apply to an adjudication of an act of violent juvenile delinquency that oc- tencing (including the availability of proba- the time’’ and all that follows through curs after the date that is 30 days after the tion, restitution, fines, forfeiture, imprison- ‘‘State law’’. date on which the Attorney General certifies ment, and supervised release) that would be (g) GUN OWNER PRIVACY AND PREVENTION to Congress and separately notifies Federal OF FRAUD AND ABUSE OF SYSTEM INFORMA- applicable in the case of an adult. No juve- firearms licensees, through publication in TION.—Section 922(t)(2)(C) of title 18, United nile sentenced to a term of imprisonment the Federal Register by the Secretary of the States Code, is amended by inserting before shall be released from custody simply be- Treasury, that the records of such adjudica- the period at the end the following: ‘‘, as cause the juvenile reaches the age of 18 tions are routinely available in the national years.’’. soon as possible, consistent with the respon- instant criminal background check system sibility of the Attorney General under sec- established under section 103(b) of the Brady (b) UNLAWFUL WEAPONS TRANSFERS TO JU- tion 103(h) of the Brady Handgun Violence Handgun Violence Prevention Act. VENILES.—Section 922(x) of title 18, United Prevention Act to ensure the privacy and se- SEC. 202. PENALTIES FOR UNLAWFUL ACTS BY States Code, is amended to read as follows: curity of the system and to prevent system JUVENILES. ‘‘(x)(1) It shall be unlawful for a person to fraud and abuse, but in no event later than 90 (a) JUVENILE WEAPONS PENALTIES.—Sec- days after the date on which the licensee tion 924(a) of title 18, United States Code, is sell, deliver, or otherwise transfer to a per- first contacts the system with respect to the amended— son who the transferor knows or has reason- transfer’’. (1) in paragraph (4) by striking ‘‘Whoever’’ able cause to believe is a juvenile— (h) EFFECTIVE DATE.—This section and the at the beginning of the first sentence, and in- ‘‘(A) a handgun; amendments made by this section shall take serting in lieu thereof, ‘‘Except as provided ‘‘(B) ammunition that is suitable for use effect 180 days after the date of enactment of in paragraph (6) of this subsection, who- only in a handgun; this Act. ever’’; and ‘‘(C) a semiautomatic assault weapon; or TITLE II—RESTRICTING JUVENILE (2) in paragraph (6), by amending it to read ‘‘(D) a large capacity ammunition feeding ACCESS TO CERTAIN FIREARMS as follows: device. SEC. 201. PROHIBITION ON FIREARMS POSSES- ‘‘(6)(A) A juvenile who violates section ‘‘(2) It shall be unlawful for any person who 922(x) shall be fined under this title, impris- SION BY VIOLENT JUVENILE OF- is a juvenile to knowingly possess— FENDERS. oned not more than 1 year, or both, except— ‘‘(A) a handgun; (a) DEFINITION.—Section 921(a)(20) of title ‘‘(i) a juvenile shall be sentenced to proba- ‘‘(B) ammunition that is suitable for use 18, United States Code, is amended— tion on appropriate conditions and shall not (1) by inserting ‘‘(A)’’ after ‘‘(20)’’; be incarcerated unless the juvenile fails to only in a handgun; (2) by redesignating subparagraphs (A) and comply with a condition of probation, if— ‘‘(C) a semiautomatic assault weapon; or (B) as clauses (i) and (ii), respectively; ‘‘(I) the offense of which the juvenile is ‘‘(D) a large capacity ammunition feeding (3) by inserting after subparagraph (A) the charged is possession of a handgun, ammuni- device. following: tion, large capacity ammunition feeding de- ‘‘(3) This subsection does not apply to— ‘‘(B) For purposes of subsections (d) and (g) vice or a semiautomatic assault weapon in ‘‘(A) a temporary transfer of a handgun, of section 922, the term ‘act of violent juve- violation of section 922(x)(2); and ammunition, large capacity ammunition nile delinquency’ means an adjudication of ‘‘(II) the juvenile has not been convicted in feeding device or a semiautomatic assault delinquency in Federal or State court, based any court of an offense (including an offense weapon to a juvenile or to the possession or on a finding of the commission of an act by under section 922(x) or a similar State law, use of a handgun, ammunition, large capac- a person prior to his or her eighteenth birth- but not including any other offense con- ity ammunition feeding device or a semi- day that, if committed by an adult, would be sisting of conduct that if engaged in by an automatic assault weapon by a juvenile— a serious or violent felony, as defined in sec- adult would not constitute an offense) or ad- ‘‘(i) if the handgun, ammunition, large ca- tion 3559(c)(2)(F)(i) had Federal jurisdiction judicated as a juvenile delinquent for con- pacity ammunition feeding device or semi- existed and been exercised (except that sec- duct that if engaged in by an adult would automatic assault weapon are possessed and tion 3559(c)(3)(A) shall not apply to this sub- constitute an offense; or used by the juvenile— paragraph).’’; and ‘‘(ii) a juvenile shall be fined under this (4) in the undesignated paragraph following title, imprisoned not more than 20 years, or ‘‘(I) in the course of employment, subparagraph (B) (as added by paragraph (3) both, if— ‘‘(II) in the course of ranching or farming of this subsection), by striking ‘‘What con- ‘‘(I) the offense of which the juvenile is related to activities at the residence of the stitutes’’ and all that follows through ‘‘this charged is possession of a handgun, ammuni- juvenile (or on property used for ranching or chapter,’’ and inserting the following: tion, large capacity ammunition feeding de- farming at which the juvenile, with the per- ‘‘(C) What constitutes a conviction of such vice or a semiautomatic assault weapon in mission of the property owner or lessee, is a crime or an adjudication of an act of vio- violation of section 922(x)(2); and performing activities related to the oper- lent juvenile delinquency shall be deter- ‘‘(II) during the same course of conduct in ation of the farm or ranch), mined in accordance with the law of the ju- violating section 922(x)(2), the juvenile vio- ‘‘(III) for target practice, risdiction in which the proceedings were lated section 922(q), with the intent to carry ‘‘(IV) for hunting, or held. Any State conviction or adjudication of or otherwise possess or discharge or other- ‘‘(V) for a course of instruction in the safe an act of violent juvenile delinquency that wise use the handgun, ammunition, large ca- and lawful use of a firearm; H4646 CONGRESSIONAL RECORD — HOUSE June 18, 1999 ‘‘(ii) clause (i) shall apply only if the juve- ‘‘(7) For purposes of this subsection only, ‘‘(ii) transfer to, or possession by, a law en- nile’s possession and use of a handgun, am- the term ‘large capacity ammunition feeding forcement officer employed by an entity re- munition, large capacity ammunition feed- device’ has the same meaning as in section ferred to in clause (i) of a handgun for law ing device or a semiautomatic assault weap- 921(a)(31) of title 18 and includes similar de- enforcement purposes (whether on or off on under this subparagraph are in accord- vices manufactured before the effective date duty); or ance with State and local law, and the fol- of the Violent Crime Control and Law En- ‘‘(B) transfer to, or possession by, a rail po- lowing conditions are met— forcement Act of 1994.’’. lice officer employed by a rail carrier and ‘‘(I) except when a parent or guardian of (c) EFFECTIVE DATE.—This section and the certified or commissioned as a police officer the juvenile is in the immediate and super- amendments made by this section shall take under the laws of a State of a handgun for visory presence of the juvenile, the juvenile effect 180 days after the date of enactment of purposes of law enforcement (whether on or shall have in the juvenile’s possession at all this Act. off duty); times when a handgun, ammunition, large TITLE III—ASSAULT WEAPONS ‘‘(C) transfer to any person of a handgun capacity ammunition feeding device or semi- SEC. 301. SHORT TITLE. listed as a curio or relic by the Secretary automatic assault weapon is in the posses- This title may be cited as the ‘‘Juvenile pursuant to section 921(a)(13); or sion of the juvenile, the prior written con- Assault Weapon Loophole Closure Act of ‘‘(D) transfer to any person of a handgun sent of the juvenile’s parent or guardian who 1999’’. for which a secure gun storage or safety de- is not prohibited by Federal, State, or local SEC. 302. BAN ON IMPORTING LARGE CAPACITY vice is temporarily unavailable for the rea- law from possessing a firearm or ammuni- AMMUNITION FEEDING DEVICES. sons described in the exceptions stated in tion; and Section 922(w) of title 18, United States section 923(e): Provided, That the licensed ‘‘(II) during transportation by the juvenile Code, is amended— manufacturer, licensed importer, or licensed directly from the place of transfer to a place (1) in paragraph (1), by striking ‘‘(1) Except dealer delivers to the transferee within 10 at which an activity described in clause (i) is as provided in paragraph (2)’’ and inserting calendar days from the date of the delivery to take place the firearm shall be unloaded ‘‘(1)(A) Except as provided in subparagraph of the handgun to the transferee a secure and in a locked container or case, and during (B)’’; gun storage or safety device for the handgun. the transportation by the juvenile of that (2) in paragraph (2), by striking ‘‘(2) Para- ‘‘(3) LIABILITY FOR USE.—(A) Notwith- firearm, directly from the place at which graph (1)’’ and inserting ‘‘(B) Subparagraph standing any other provision of law, a person such an activity took place to the transferor, (A)’’; who has lawful possession and control of a the firearm shall also be unloaded and in a (3) by inserting before paragraph (3) the handgun, and who uses a secure gun storage locked container or case; or following new paragraph (2): or safety device with the handgun, shall be ‘‘(III) with respect to employment, ranch- ‘‘(2) It shall be unlawful for any person to entitled to immunity from a civil liability ing or farming activities as described in import a large capacity ammunition feeding action as described in this paragraph. clause (i), a juvenile may possess and use a device.’’; and ‘‘(B) PROSPECTIVE ACTIONS.—A qualified handgun, ammunition, large capacity ammu- (4) in paragraph (4)— civil liability action may not be brought in nition feeding device or a semiautomatic as- (A) by striking ‘‘(1)’’ each place it appears any Federal or State court. The term ‘quali- sault rifle with the prior written approval of and inserting ‘‘(1)(A)’’; and fied civil liability action’ means a civil ac- the juvenile’s parent or legal guardian, if (B) by striking ‘‘(2)’’ and inserting ‘‘(1)(B)’’. tion brought by any person against a person such approval is on file with the adult who is SEC. 303. DEFINITION OF LARGE CAPACITY AM- described in subparagraph (A) for damages not prohibited by Federal, State, or local law MUNITION FEEDING DEVICE. resulting from the unlawful misuse of the from possessing a firearm or ammunition Section 921(a)(31) of title 18, United States handgun by a third party, if— and that person is directing the ranching or Code, is amended by striking ‘‘manufactured ‘‘(i) the handgun was accessed by another farming activities of the juvenile; after the date of enactment of the Violent person without authorization of the person ‘‘(B) a juvenile who is a member of the Crime Control and Law Enforcement Act of so described; and Armed Forces of the United States or the 1994’’. ‘‘(ii) when the handgun was so accessed, National Guard who possesses or is armed TITLE IV—CHILD HANDGUN SAFETY the handgun had been made inoperable by with a handgun, ammunition, large capacity SEC. 401. SHORT TITLE. use of a secure gun storage or safety device. ammunition feeding device or semiauto- This title may be cited as the ‘‘Safe Hand- A ‘qualified civil liability action’ shall not matic assault weapon in the line of duty; gun Storage and Child Handgun Safety Act include an action brought against the person ‘‘(C) a transfer by inheritance of title (but of 1999’’. having lawful possession and control of the not possession) of a handgun, ammunition, SEC. 402. PURPOSES. handgun for negligent entrustment or neg- large capacity ammunition feeding device or The purposes of this title are as follows: ligence per se.’’. a semiautomatic assault weapon to a juve- (1) To promote the safe storage and use of (b) CIVIL PENALTIES.—Section 924 of title nile; or handguns by consumers. ‘‘(D) the possession of a handgun, ammuni- 18, United States Code, is amended— (2) To prevent unauthorized persons from (1) in subsection (a)(1), by inserting ‘‘, or tion, large capacity ammunition feeding de- gaining access to or use of a handgun, in- vice or a semiautomatic assault weapon (p)’’ before ‘‘this section’’; and cluding children who may not be in posses- (2) by adding at the end the following: taken in lawful defense of the juvenile or sion of a handgun, unless it is under one of other persons in the residence of the juvenile the circumstances provided for in the Safe ‘‘(p) PENALTIES RELATING TO SECURE GUN or a residence in which the juvenile is an in- Handgun Storage and Child Handgun Safety STORAGE OR SAFETY DEVICE.— vited guest. Act of 1999. ‘‘(1) IN GENERAL.— ‘‘(4) A handgun, ammunition, large capac- (3) To avoid hindering industry from sup- ‘‘(A) SUSPENSION OR REVOCATION OF LI- ity ammunition feeding device or a semi- plying law abiding citizens firearms for all CENSE; CIVIL PENALTIES.—With respect to automatic assault weapon, the possession of lawful purposes, including hunting, self-de- each violation of section 922(z)(1) by a li- which is transferred to a juvenile in cir- fense, collecting and competitive or rec- censed manufacturer, licensed importer, or cumstances in which the transferor is not in reational shooting. licensed dealer, the Secretary may, after no- violation of this subsection, shall not be sub- tice and opportunity for hearing— SEC. 403. FIREARMS SAFETY. ject to permanent confiscation by the Gov- ‘‘(i) suspend for up to six months, or re- (a) UNLAWFUL ACTS.— ernment if its possession by the juvenile sub- voke, the license issued to the licensee under (1) MANDATORY TRANSFER OF SECURE GUN sequently becomes unlawful because of the this chapter that was used to conduct the STORAGE OR SAFETY DEVICE.—Section 922 of conduct of the juvenile, but shall be returned title 18, United States Code, is amended by firearms transfer; or to the lawful owner when such handgun, am- ‘‘(ii) subject the licensee to a civil penalty munition, large capacity ammunition feed- inserting after subsection (y) the following: ‘‘(z) SECURE GUN STORAGE OR SAFETY DE- in an amount equal to not more than $2,500. ing device or semiautomatic assault weapon VICE.— ‘‘(B) REVIEW.—An action of the Secretary is no longer required by the Government for ‘‘(1) IN GENERAL.—Except as provided in under this paragraph may be reviewed only the purposes of investigation or prosecution. paragraph (2), it shall be unlawful for any li- as provided in section 923(f). ‘‘(5) For purposes of this subsection, the ‘‘(2) ADMINISTRATIVE REMEDIES.—The sus- term ‘juvenile’ means a person who is less censed manufacturer, licensed importer, or licensed dealer to sell, deliver, or transfer pension or revocation of a license or the im- than 18 years of age. position of a civil penalty under paragraph ‘‘(6)(A) In a prosecution of a violation of any handgun to any person who is not li- censed under section 923, unless the licensee (1) does not preclude any administrative this subsection, the court shall require the remedy that is otherwise available to the presence of a juvenile defendant’s parent or provides the transferee with a secure gun Secretary.’’. legal guardian at all proceedings. storage or safety device for the handgun. ‘‘(B) The court may use the contempt ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not (c) LIABILITY; EVIDENCE.— power to enforce subparagraph (A). apply to the— (1) LIABILITY.—Nothing in this chapter ‘‘(C) The court may excuse attendance of a ‘‘(A)(i) manufacture for, transfer to, or pos- shall be construed to— parent or legal guardian of a juvenile defend- session by, the United States or a depart- (A) create a cause of action against any ant at a proceeding in a prosecution of a vio- ment or agency of the United States, or a Federal firearms licensee or any other per- lation of this subsection for good cause State or a department, agency, or political son for any civil liability; or shown. subdivision of a State, of a handgun; or (B) establish any standard of care. June 18, 1999 CONGRESSIONAL RECORD — HOUSE H4647 (2) EVIDENCE.—Notwithstanding any other tional 5 minutes per each side for this Mr. Chairman, I reserve the balance provision of law, evidence regarding compli- debate. of my time. ance or noncompliance with the amendments The CHAIRMAN. Is there objection Mr. MCCOLLUM. Mr. Chairman, I made by this chapter shall not be admissible to the request of the gentleman from as evidence in any proceeding of any court, rise in opposition to this substitute. agency, board, or other entity, except with California? The CHAIRMAN. The gentleman respect to an action to enforce paragraphs (1) Mr. MCCOLLUM. Mr. Chairman, re- from Florida (Mr. MCCOLLUM) will con- and (2) of section 922(z), or to give effect to serving the right to object, I reluc- trol 15 minutes. paragraph (3) of section 922(z). tantly am going to object because we Mr. MCCOLLUM. Mr. Chairman, I (3) RULE OF CONSTRUCTION.—Nothing in this have Members who plan to catch their yield myself such time as I may con- subsection shall be construed to bar a gov- planes. It is very late now. It is 1:00 in sume. ernmental action to impose a penalty under the afternoon. I would say to the gen- Mr. Chairman, the substitute that section 924(p) of title 18, United States Code, tleman from California that we, unfor- for a failure to comply with section 922(z) of the gentleman from Michigan (Mr. that title. tunately, need to get on with it. I hate CONYERS) offers is flawed for two prin- SEC. 404. EFFECTIVE DATE. to do that. I will cancel my reservation cipal reasons. Number one, it is a This title and the amendments made by and make an objection, Mr. Chairman. revote of the McCarthy amendment this title shall take effect 180 days after the The CHAIRMAN. Objection is heard. from last night that we defeated on the date of enactment of this Act. The gentleman from Michigan (Mr. floor, and for anyone who voted against The CHAIRMAN. Pursuant to House CONYERS) is recognized for 10 minutes that, I do not wish to completely re- Resolution 209, the gentleman from on his amendment. debate that, but it is indeed a good rea- Michigan (Mr. CONYERS) and a Member Mr. CONYERS. Mr. Chairman, I yield son, and, in fact, a necessary reason, in 1 opposed each will control 15 minutes. myself 2 ⁄2 minutes. my judgment, to vote against this sub- Mr. CONYERS. Mr. Chairman, I ask Mr. Chairman, this has been a trying stitute. event with this legislation, but this unanimous consent to yield 5 minutes In case somebody needs to be re- substitute may be able to provide some to the distinguished gentleman from minded, this substitute, as would the solace for those of us who want some- California (Mr. CAMPBELL) so that he McCarthy amendment last night, thing to take to the American people. may yield blocks of time at his own would essentially not specify what type This substitute is the Senate-passed discretion. of events fall within the definition of a gun safety provisions word for word, The CHAIRMAN. Is there objection gun show, so at a community yard sale which many of us were led to believe at to the request of the gentleman from if one person is selling his firearms col- one time that the Speaker and the Michigan? lection, which could easily be more There was no objection. Chair of the House Committee on the than 50 guns, and another neighbor The CHAIRMAN. The gentleman Judiciary supported. puts one of his firearms on the table, it from California (Mr. CAMPBELL) will I had hoped that in the wake of is a gun show. control 5 minutes and the gentleman Littleton that this body could pass Private yard sales, private home from Michigan (Mr. CONYERS) will con- modest gun safety measures, but leave trol 10 minutes. it to the Republicans to tarnish the sales would be covered. There are all The Chair recognizes the gentleman memory of those children by putting kinds of illustrations that we went from Michigan (Mr. CONYERS). forth a bill that creates scores of new over last night where they are talking about two or more persons simply ex- MODIFICATION TO AMENDMENT IN THE NATURE loopholes. OF A SUBSTITUTE NO. 12 OFFERED BY MR. CON- If the bill that is before this body is hibiting firearms. A gun show is de- YERS passed, not only will we have gutted signed by nature to be exactly that, Mr. CONYERS. Mr. Chairman, I ask the bill, the gun show provision, and where there are a number of vendors, unanimous consent that the amend- given criminals a virtual license to buy we have in the bill right now 10 or ment in the nature of a substitute ap- a gun, but we will have actually weak- more, who get together to sell firearms proved by the Committee on Rules be ened current law in several important at some organization’s show or event, modified in the manner which I have respects, and here is how: Right now, it not a private sale among two or three caused to be placed at the desk. is illegal to ship weapons across State individuals. That is really the biggest The CHAIRMAN. The Clerk will re- lines into someone’s home. This has flaw in the McCarthy and now in the port the modification. been the law ever since Lee Harvey Os- Conyers substitute. The Clerk read as follows: wald assassinated President Kennedy. So I want Members to fully under- Modification offered by Mr. CONYERS to The bill before us repeals that law. stand that we are revoting, by this sub- amendment in the nature of a substitute No. stitute, the McCarthy proposal. 12: Right now the District of Columbia At page 22, line 8, insert after ‘‘person’’ the restricts possession of firearms. This Secondly, another reason why the following: ‘‘, in or affecting interstate com- bill allows residents to not only own Conyers substitute should be voted merce,’’. guns, but carry concealed weapons. down, in my judgment, is that the gen- At page 22, line 17, insert after ‘‘person’’ Mr. Chairman, we have one last tleman from Michigan (Mr. CONYERS), the following: ‘‘, in or affecting interstate chance to turn this sorry situation in his proposal, would amend several commerce where the proof of such is an ele- around and restore some sanity to the sections of the criminal code that ment of the offense,’’. process. A yes vote on the bill offered would put it in direct conflict with Mr. CONYERS (during the reading). by myself and my dear friend, the gen- what we passed yesterday in H.R. 1501, Mr. Chairman, I ask unanimous con- tleman from California (Mr. CAMP- the juvenile justice bill. sent that the modification to the BELL), on this substitute will eliminate We all want child safety out here. We amendment in the nature of a sub- all of the loopholes and return us word also all want to deter violent juvenile stitute be considered as read and print- for word to the Senate-passed gun safe- behavior and crimes, not just with ed in the RECORD. ty provisions. guns, but in a number of other re- The CHAIRMAN. Is there objection The Conyers/Campbell amendment spects, but because these provisions to the request of the gentleman from will shut down the gun show loopholes that the gentleman from Michigan (Mr. Michigan? CONYERS) is altering would directly There was no objection. once and for all. conflict with yesterday’s amendments Is there objection to the modification Mr. Chairman, if this amendment that were adopted in the bill on 1501, I of the amendment? fails, I will be forced to vote against There was no objection. final passage of this legislation. The think that this should be defeated. The amendment in the nature of a gentlewoman from New York (Mrs. For example, the Conyers substitute substitute is modified. MCCARTHY) deserves more than this does not contain these punishments f sorry bill, and the parents of 13 school passed yesterday: Increased penalties children killed by guns every day de- on juveniles who illegally possess a gun b 1300 serve far more from this House. with intent to take it to a school or to Mr. CAMPBELL. Mr. Chairman, I ask I urge a yes on the substitute, a no give it to somebody who will take it to unanimous consent to allocate an addi- on final passage. a school; the increased penalty on H4648 CONGRESSIONAL RECORD — HOUSE June 18, 1999 adults who illegally give a gun to a ju- violent felons getting access to guns with the lives of our children. America, venile; the mandatory minimum sen- when they should not and protecting where is the outrage? Support the tence imposed on adults who give ille- children on our streets and the play- Democratic substitute. gal firearms to juveniles intending that grounds in our schools and at home. Mr. MCCOLLUM. Mr. Chairman, may they take them to a school; and the That is what this legislation is all I inquire how much time each side has mandatory minimum penalty imposed about. remaining? on adults who illegally give a gun to a Mr. Chairman, I will reserve the bal- The CHAIRMAN. The gentleman juvenile, knowing that a juvenile will ance of my time. from Florida (Mr. MCCOLLUM) has 91⁄2 use it to commit a serious felony. Mr. CAMPBELL. Mr. Chairman, I minutes remaining. The gentleman The House, again, has already de- yield myself 1 minute and 15 seconds. from Michigan (Mr. CONYERS) has 63⁄4 cided these issues, and the best case Mr. Chairman, there are Republicans minutes remaining. The gentleman scenario, the adoption of this sub- who believe in gun control. We are from California has 33⁄4 minutes re- stitute is going to confuse the issue be- going to hear from them right now. We maining. cause the provisions would be directly are hearing from one right now, and we Ms. JACKSON-LEE of Texas. Mr. in conflict, albeit in two separate bills. will hear from others. There were 47 of Chairman, will the gentleman yield for Lastly, I would like to comment on us who voted against the Dingell wa- a question? where we are as we move to final pas- tering down. I am proud to say that Mr. MCCOLLUM. Mr. Chairman, I sage. We are about to do that after this there were eight from California in will yield myself such time as I may substitute, and I would certainly en- that group, and today we Republicans consume, and I yield for a question to courage the vote for the final passage who recognize the importance of rea- the gentlewoman from Texas. of this legislation. It is a piece of legis- sonable gun control and the second Ms. JACKSON-LEE of Texas. Mr. lation which will close loopholes. It is amendment both strongly support the Chairman, we are trying to work in a a piece of legislation that without any Conyers/Campbell substitute. bipartisan way. I would say to the gen- dispute does four of the five provisions I am proud to put my name right tleman from Florida (Mr. MCCOLLUM), I from the Senate legislation, the other next to that of my good friend and just simply ask the question, how body’s legislation, that a lot of people mentor and colleague, the gentleman many guns would nine gun show ven- have been discussing out here. from Michigan (Mr. CONYERS), for dors have to sell under this bill? The question of banning juvenile pos- whom I have the highest regard. That Mr. MCCOLLUM. Reclaiming my session of assault weapons was adopted is point one. time, I am not going to get into a de- and is part of this bill, as it is a part of Point two, there is a huge advantage bate over the McCarthy issue again the other body’s. The juvenile Brady in this version versus the underlying today. I have a limited amount of time. provisions with respect to now saying bill. If my colleagues are against semi- Ms. JACKSON-LEE of Texas. I am that if someone commits certain vio- automatic assault weapons and large- trying to clarify the bill of the gen- lent crimes as a juvenile and are adju- capacity ammunition feeding devices tleman. dicated in a juvenile court, they are no for minors, there is a flaw in the under- Mr. MCCOLLUM. Mr. Chairman, I longer able to own a gun later as an lying bill; they did not rectify it under yield 3 minutes to the gentleman from adult, or purchase one, that is part of U.S. v. Lopez. Colorado (Mr. TANCREDO). this bill as it is part of the other What does that mean? In 1995, the Su- Mr. TANCREDO. Mr. Chairman, I body’s. preme Court said that we could not, as never thought I would be standing in The ban on large magazine clips that a Federal Government, ban the owner- front of this or any other legislative were manufactured, or for guns manu- ship, the bringing onto school grounds body asking for a vote in favor of a bill factured, before 1994 is a part of this of a handgun, because there was no that has any type of gun control legis- bill, as it is the other body’s. The safe- finding of an effect on commerce. By lation attached to it, but then I never ty lock language that all of us, at least contrast, the gentleman from Michigan thought I would be representing a dis- most of us, feel is important with re- (Mr. CONYERS), in his kindness and trict in which two teenagers would spect to safety of children is also a part willingness to accept an accommoda- walk into a school and callously, mer- of this. tion, put that exact finding into this cilessly, take the lives of 12 of their The only debate, again, comes back bill. So I repeat, if Members want to classmates and 1 of their teachers and to the question of the gun shows, and take semiautomatic assault-style wound over 20 other children. that comes back to the debate last weapons away from people under 18, Of course, there are things that hap- night, again, that is in this substitute only Conyers/Campbell does that. The pen in individual lives that delineate over the McCarthy, or in the other underlying bill, in my view, is and will one section from another. That is what body, the Lautenberg proposal. be held unconstitutional. has happened to every one of us who I would say shame on anybody who Mr. Chairman, I reserve the balance live in Littleton, Colorado. No one will does not vote for this, because as we of my time. be the same after April 20, 1999. said last night, everybody wants to Mr. CONYERS. Mr. Chairman, I yield Everybody’s life has changed and will close the gun show loophole. The legis- 1 minute to the gentleman from Flor- be dated from that point on by that lation we have before us does that, and ida (Mr. WEXLER), a distinguished event. it does all four of the other things that member of the committee. I do not mean to suggest that what I mentioned. Mr. WEXLER. Mr. Chairman, 200 mil- we are doing here in this bill will have This is a major advance in the right lion guns flood the streets of America. the effect of guaranteeing that we will direction. Maybe some people did not Two hundred million guns arm us like never have a recurrence of Columbine get all they wanted. That we can re- a Nation at war with itself, and this High School. I know that we cannot visit on a future date. But this is a vast Congress does virtually nothing. make such a guarantee, because there improvement over the conditions we We are accomplices when 13 of our is nothing in this bill actually that can presently have in current law, and any- children are gunned down every day. cure the sickness of the soul that af- body, I would suggest, who votes We are accomplices when a child finds flicts so many, such an unfortunately against this, who really does so be- the family gun and ends the life of a large segment of the population of this cause they do not believe it goes far neighbor. We are accomplices when the great land. enough in the way of providing more leading cause of death among young I do hope that we have addressed that safety in these areas, is doing so and African American men is homicide by issue to the extent that we are able to playing politics where they should not guns. address that issue, the underlying be playing politics. A teen without a gun cannot mas- issue, the real cause of the problem. I It is a constructive proposal. It may sacre his classmates. A toddler without hope we did that yesterday and late not be, again, what everybody wants, a gun cannot shoot his playmate. The last night. but it is a constructive proposal that NRA and Charlton Heston are writing To the extent that we can address the does advance the purposes intended, our gun laws. Where is the outrage? other side of the problem, the more su- and that is to protect our Nation from Congress is playing Russian roulette perficial side, and I admit fully well June 18, 1999 CONGRESSIONAL RECORD — HOUSE H4649 that I believe that this is relatively su- Chairman, more than 8 weeks ago, 12 tleman from Oregon (Mr. perficial, that when we deal with the students and a teacher were killed at BLUMENAUER). gun side of this thing it is the super- Columbine High School. That terrible Mr. BLUMENAUER. Mr. Chairman, I ficial side. It is the attention to a sore event shocked this Nation to its core; thank the gentleman from Michigan that appears on one’s body and that and all across the country, the Amer- for yielding me this time. they apply a Band-Aid to, but that ican people cried out for action. That Mr. Chairman, the modest provisions they ignore whatever it is that is caus- cry was heard in Washington. CAROL that we have before us today have sent ing that sore to appear. MCCARTHY heard it. We all heard it, the gun lobby into a frenzy because it explodes the myth that we are power- b 1315 the cry of so many victims, the cry of the children. less to act only to pass foolish sym- But, nonetheless, we must oftentimes A terrible tremor arose from Col- bolic legislation. We can explode that apply that Band-Aid. We have to have umbine 8 weeks ago. It spread across myth. We can stand up to the gun it. Even though it is relatively super- the entire Nation. Today we stand on lobby. ficial, it needs to be done. We are the floor after 2 days of debate and dis- Every day in America we have an- bleeding. There is no two ways about cussion. Let us vote for this bill, the other Littleton. It is just that the dead that. We are bleeding in my district. substitute bill. It is a good bill. Let us children are scattered across America We are bleeding across this land both take action. rather than concentrated in one place literally and figuratively. Mr. MCCOLLUM. Mr. Chairman, I for the media. I pray that our hearts So I recognize that there are people yield 2 minutes to the gentleman from are not so hardened that all the car- on both sides of the aisle who are con- Georgia (Mr. BARR). nage has to be in one place before we cerned about the ability for this par- Mr. BARR of Georgia. Mr. Chairman, have the courage to act. ticular piece of legislation to get the I thank the gentleman from Florida Please vote for the Conyers amend- job done, but I will tell my colleagues (Mr. MCCOLLUM), the chairman of the ment. that I believe that we are far closer to Subcommittee on Crime, and the gen- Mr. CONYERS. Mr. Chairman, I yield getting it done if we pass this than if tleman from Illinois (Mr. HYDE), the 30 seconds to the gentlewoman from we do not. chairman of the Committee on the Ju- California (Ms. PELOSI), who has I fear that, if this fails, first of all, diciary, and all of our colleagues that worked indefatigably, and I thank her. that there will be nothing that comes have paid very close attention to these Ms. PELOSI. Mr. Chairman, I rise in out of this Congress, nothing that can debates, these monumental, momen- strong support of the Conyers-Camp- come out even in a conference com- tous debates over these last 3 days. bell substitute and to commend the mittee if the Conyers amendment Of course, the headlines today, de- gentleman from Michigan (Mr. CON- passes and eventually this bill fails, pending on which paper we read, which YERS) for his leadership and that of the which I think is exactly what would tabloid we picked up, places the con- gentlewoman from New York (Mrs. happen. sequence for what happened last night, MCCARTHY). We have done a number of things the various votes, on one group or an- This legislation is necessary because that I think we can be proud of. We other group or one person or another it will reduce gun violence, save the have extended Brady. It does now in- person. lives of our children, and protect the clude everyone that walks into the The fact of the matter is, Mr. Chair- safety of our families and commu- door that wants to purchase a gun in a man, that the action that this House nities. We have all heard the statistics, gun show. If the Dingell bill passes, took last night, the action that this Mr. Chairman, about every day 13 chil- that is what we have accomplished. House took the day before yesterday, dren’s lives are lost to gunfire. But did There are things that we have done the action that this House took this my colleagues also know that, in 1996, right, Mr. Chairman, and I would ask morning, and the action that this gunfire killed 4,643 infants, little chil- for a yes vote on the bill and no vote House will take in a few moments to dren, and teens. on the Conyers amendment. pass the McCollum bill, H.R. 2122, is We must take action to protect our Mr. CONYERS. Mr. Chairman, I am the American people speaking. children. Support the Conyers-Camp- pleased to yield 30 seconds to the gen- Every one of us in this Chamber, and bell bill. tlewoman from Colorado (Ms. all of our colleagues not here at this Mr. CAMPBELL. Mr. Chairman, I am DEGETTE), who has worked so hard on moment, represent 600,000 or more pleased to yield 2 minutes on behalf of this whole subject matter. American citizens, families, men, reasonable gun control to the gen- Ms. DEGETTE. Mr. Chairman, well, I women, children, grandparents, aunts, tleman from Iowa (Mr. GANSKE), a rea- guess my constituents and the parents and uncles and friends. They have been sonable Republican. across this country will sleep a lot bet- in touch with us. They are listening. Mr. GANSKE. Mr. Chairman, I rise in ter this weekend knowing that Con- Now, Mr. Chairman, because we may support of the Conyers substitute and gress is solving youth violence by post- disagree on something, my colleagues also urge my colleagues to vote no on ing the Ten Commandments in the may say, oh, it is another group that is final passage. schools and passing child gun safety doing this. Huh-uh. We listen to our Mr. Chairman, I remember vividly laws written by the NRA which sub- constituents the same way they do. many years ago cradling a 16-year-old stantially weaken current laws. Our constituents are telling us they Spanish-American, Mexican-American Do my colleagues know something, if want a comprehensive piece of legisla- boy in my arms with a gunshot wound there is anything we should have tion that protects the Constitution, to his head and trying to save his life. learned in the last year it is that the protects the Second Amendment, Mr. Chairman, I remember speaking to American people are a lot smarter than strengthens family, strengthens his family afterward, his brothers, his this, and they will not accept the wa- schools, strengthens the right of all sisters, his parents, his grandparents, tered-down bill like this. Americans, and moves us in the direc- his cousins, and explaining to them It is not right to remember the kids tion of a positive piece of legislation how their son had been killed and died at Columbine, to remember the kids that we can go back to the American of a gunshot wound to the head. across the country this way. Vote yes people and say, yes, Congress has lis- What was passed last night was not on Conyers. Vote no on final passage if tened. an improvement on current law. Under Conyers fails. Yes, we listen to both the Constitu- current law, a retailer has to get a Mr. CAMPBELL. Mr. Chairman, I re- tion, the American people, our Amer- background check and has 3 business serve the balance of my time. ican educators, our families, and sup- days to do it. What was passed last Mr. CONYERS. Mr. Chairman, I am port this piece of legislation. Is it per- night was a weakening of that law. So very pleased to yield 30 seconds to the fect? No. Is it good? Absolutely yes. I that if a retailer goes to a gun show, gentlewoman from New York (Mrs. urge all of my colleagues to vote for they only have a 24-hour period. If the LOWEY). this bill, H.R. 2122. agencies are not open, then that person Mrs. LOWEY. Mr. Chairman, I rise in Mr. CONYERS. Mr. Chairman, I am who has not been adequately back- strong support of the substitute. Mr. pleased to yield 30 seconds to the gen- ground checked gets his gun. H4650 CONGRESSIONAL RECORD — HOUSE June 18, 1999 Mr. Chairman, do we want to pass a not come along in this Chamber very Mr. CONYERS. Mr. Chairman, I yield law in light of Littleton and all the often. This is our last chance. Let us 30 seconds to the gentlewoman from other gun shootings around this coun- support the substitute. Texas (Ms. JACKSON-LEE), a member try that weakens current law? That is Mr. CONYERS. Mr. Chairman, I yield over the Committee on the Judiciary. what we would do, Mr. Chairman, if we 30 seconds to the gentleman from New Ms. JACKSON-LEE of Texas. Mr. vote for this bill. Jersey (Mr. ANDREWS). Chairman, I thank the gentleman for I urge my colleagues to vote for the (Mr. ANDREWS asked and was given yielding me this time, and I want to substitute. There are many of my Re- permission to revise and extend his re- also thank the gentleman from Cali- publican colleagues who, once they re- marks.) fornia (Mr. CAMPBELL) very much. alize that what the Dingell amendment Mr. ANDREWS. Mr. Chairman, I We can still do something today. We did was weaken current law for retail- thank the gentleman from Michigan can pass real straightforward gun safe- ers, I think would do wise to reconsider (Mr. CONYERS) for yielding me this ty legislation. We can take the mil- their vote. I urge a yes vote on the sub- time. lions of guns away from criminals. We stitute and a no vote on final passage. I rise in strong support of the Con- can keep the guns out the hands of vio- Mr. MCCOLLUM. Mr. Chairman, I yers-Campbell substitute. We very lent juveniles. We can provide child yield myself 1 minute. often have to make difficult decisions safety locks, and we can bar large-ca- Mr. Chairman, I respect the last around here balancing different inter- pacity ammunition. speaker a great deal, but with all due ests. This is not a very difficult deci- Here is a letter to the NRA: ‘‘Dear respect I disagree. Whatever my col- sion at all, because we are balancing NRA. We are going to turn the lights leagues may think of any of the pro- the inconvenience of a relative handful out on you today and the gun lobby of posals that were here before us last of people versus the protection of America, but we are going to shine the night, and we are now revoting one of human life. light on America’s children for safety them today, the McCarthy one, every I would say we have heard a lot of and saving their lives. We are going to one of them closed the loophole with statistics around here the last few support the Conyers-Campbell sub- respect to gun shows because every one hours about percentages that would be stitute.’’ of them addressed the people who sell involved and numbers of people that Yes, we can beat the gun lobby. We guns at gun shows who currently are would be involved. In my judgment, the are going to stand up for America. not required in any way to get an in- real number is one. If one life is pre- Mr. CONYERS. Mr. Chairman, I yield stant check. Those are the individuals served, if one shooting is prevented be- 30 seconds to the gentleman from Illi- who go there. cause of this measure, it is worth it. nois (Mr. DAVIS), who is an old friend of If my colleagues vote for this bill mine from Chicago. today, there will be not a person who Support the Conyers-Campbell sub- stitute. (Mr. DAVIS of Illinois asked and was buys a gun at a gun show who does not given permission to revise and extend have to have their background checked Mr. CAMPBELL. Mr. Chairman, I yield 1 minute to the gentleman from his remarks.) to see it they were a felon, a convicted Mr. DAVIS of Illinois. Mr. Chairman, felon. I think that is extremely impor- Delaware (Mr. CASTLE), the distin- guished former Governor of Delaware, I have been to the funerals of too many tant. young people who were gunned down by Most of the checks do not provide a a reasonable Republican for reasonable others with semiautomatic weapons. I positive result. When they do, they are gun control. have been through Schwab Rehabilita- arrests only records, and they can Mr. CASTLE. Mr. Chairman, I thank tion Hospital and Chicago Rehabilita- quickly be resolved and find out wheth- the gentleman from California for tion Hospital. I have seen too many er the person is convicted. yielding me this time. Last, but not least, I would like to Obviously, I rise in support of the young people paralyzed before they get again reiterate that the Conyers pro- Conyers-Campbell amendment. Let us an opportunity to realize what life is posal does more than simply revote understand exactly where we are now. all about. I have seen the agony, the McCarthy. It also undoes some of the The Dingell bill is passed. There is a 24- frustration, the pain of people in neigh- work we did in H.R. 1501 yesterday, the hour check. Ninety percent of all the borhoods and communities afraid to juvenile justice bill. My colleagues people that get the instant background come out of their houses at night. should vote no on Conyers. If my col- check can buy their guns right away. We must do the only sane, sensible leagues believe in closing the gun show We are dealing with the 10 percent of thing on this day. We did not do it last loophole and improving our laws, vote people who have been arrested at some night. Do it today, vote for the Conyers yes on final passage. It is not perfect, time in their lives. We are trying to substitute. but it is an improvement of significant. find out if they have been convicted. Mr. Chairman, I rise in support of the Con- Mr. CONYERS. Mr. Chairman, it is Are they felons, or are they not felons? yers' Democratic substitute amendment to my pleasure to yield 30 seconds to the We need time to do that. H.R. 2122, the Mandatory Gun Show Back- distinguished gentleman from Mary- This basic legislation with the Din- ground Check Act. land (Mr. CARDIN). gell amendment in it now would apply Today, in this sacred chamber, we have an (Mr. CARDIN asked and was given to weekend gun shows. That is when opportunity to address this Nation's most permission to revise and extend his re- gun shows take place, and they cannot pressing problem, gun violence, in a meaning- marks.) check it in 24 hours because the court- ful and effective fashion. We have a mandate Mr. CARDIN. Mr. Chairman, I sup- houses simply are not open. It is not a from the people to take action that stems the port the Conyers-Campbell substitute. loophole. It is just a wide open highway tide of violence that is sweeping across our Let me just respond to the gentleman that a felon can take advantage of to Nation from Washington, DC to Chicago and from Florida (Mr. MCCOLLUM), the sub- go and buy guns. We are going to be LA. committee chairman. arming felons if we leave this law the The biggest victim of this tide of violence is Under current law, and under the un- way it is. our children. From Chicago's west side to Col- derlying bill, individuals will still be orado and over to Georgia, we have felt the b 1330 able to buy guns at gun shows without pain of lost precious lives. Now, before we the background check because of the Why do we not pass the Conyers- lose another precious life, we must take time differences and the definition of Campbell substitute now? It does ex- meaningful action. what is a gun show. actly what the Senate did. It does it Today, we have the opportunity to put in So if we really want to do something, correctly. It has been signed off on by place meaningful gun control legislation, a this is our last chance. Let us go along virtually every group out there that task that we failed to complete last nite. Let's with the other body. We ask for that, has looked at the issue of guns, and, in close the gun show loophole, let's ban the im- many of us, on both sides of the aisle. my judgment, in this country it is the portation of large ammunition clips, let's raise We can do something for child safety. way to go. the age to possess a handgun and semi-auto- We can do something for gun safety. We do not want to arm felons, we matic weapon, lets make sure that every gun The subcommittee chairman says we want to prevent them from being is sold with a safety device, lets adopt the will have other opportunities. It does armed. Let us pass the substitute. Conyers' substitute. Why do we need these June 18, 1999 CONGRESSIONAL RECORD — HOUSE H4651 protections. Well I'll tell you why, in Chicago check within 24 hours. No one has re- positive reinforcement for gun ownership by we have a gun problem, our children are sponded. And the reality of it is they the general population. This provides assur- shooting children. In 1997 firearms were used cannot respond because local commu- ance that there are opportunities to respon- in over 3¤4 of the murders committed in Chi- nities cannot help law enforcement sibly possess firearms for lawful citizens. cago. What makes this statistic so disturbing comply with instant check in 24 hours. I supported the McCarthy amendment be- is that over half of the persons committing I rise in support of the Conyers sub- cause it just made sense. Without creating murder were under the age of 21. In 1997 stitute bill and ask all of my col- Chicago had 246 murders of people under the leagues to get real. Protect children in new, burdensome regulations on firearms col- age of 21 and there were 290 people under this country. Vote against this sham of lectors and hobbyists it would have brought the age of 21 charged with committing murder. a legislation. parity, fairness and accountability to gun show Chicago contributes more than its fair share of Mr. CONYERS. Mr. Chairman, I yield sales by requiring gun show participants to children to a terrible statistical category: chil- 30 seconds to the gentleman from Min- abide by the same laws as the transactions dren killed too soon by hand guns, and it must nesota (Mr. VENTO). within gun stores. This in fact codifes require- stop. How can we in good conscience let this Mr. VENTO. Mr. Chairman, gun vio- ments that currently exist for firearms sales situation go on. Did you know that since 1969 lence is out of control. This House is in that take place at conventional retail outlets. that firearms are the leading cause of death a state of denial. It is time to stop This difference is an invitation for those who among African-American youths? For 30 years dancing to the music composed by the want to avoid a sound background check. handguns have been killing African-American gun lobby. It is time to face up to the Why the law should have two standards defies youth and we still debate whether or not we fact of providing for a real instant logic. check and to take guns out of the need this common sense gun legislation. We do not have the answers to solve all of When will we take this necessary action? hands of criminals, out of the hands of the challenging problems that face our nation, Now is not the time for loopholes in the bill the unstable, to stop the gun violence. but we are able to take preventive steps to en- that's trying to close loopholes. Vote for the Conyers substitute, a No one here is saying that someone can't bill that will go to the Senate, and we sure that certain tragedies like the ones we've own a gun, all they are saying is you have to will have a bill that will be law. That seen all over the country do not continue. The wait, that your background must be checked is why the gun lobby has postponed the Brady law background check, since enacted, out, and that children should not have guns. consideration of this measure, because has prevented 400,000 gun purchases by These are simple, straight forward, common they want to kill it. That is why they screening out those that are a risk, a violent sense proposals. Let's do it and make Amer- needed the month to do it. risk to society. Congress should act to en- ica safer and better. Let's not fail America's We should not be the handmaidens of hance this screening process and close the children again, let's take this opportunity to the the gun lobby. We should stick up for loophole. Keep the guns, the weapon of right thing and pass meaningful gun reform. our constituents. We should stick up choice out of the hands of the violent person, Mr. CONYERS. Mr. Chairman, I yield for the 600,000 people that sent us here, especially youth that are unstable and lack 30 seconds to the gentlewoman from not the special interests. maturity. California (Ms. LEE). Mr. Chairman, I rise in support of Today we have another opportunity to re- Ms. LEE. Mr. Chairman, I thank the sensible gun safety measures that will gentleman from Michigan for all his prevent criminals from possessing store workability and integrity to the screening hard work and for allowing me this guns. process by adopting the Conyers substitute. time. Last night's votes were not about saving Essentially the language and proposals which Over 70 percent of Democrats are in lives or about preventing tragic events like the the Senate passed will close the loopholes in favor of what the Senate passed, yet 70 shooting in Colorado from happening again, current law. Congress ought to do more, but percent of the Republicans are opposed but were about inconvenience-waiting three the reality is that today we are fighting not to to what the Senate passed. business days to complete a transaction. Ask backtrack on existing laws, much less voting Everyone knows the Republicans a parent whose child is dead because of for new additional common sense measures have played games with this process, senseless gun violence if they have been in- that are needed. These include limiting the playing a shell game with the Com- convenienced by the loss of their child. Or ask number of guns purchased in a month, pre- mittee on Rules. This has really been a the brothers, sisters and friends of these vic- vention of remanufacturing kits for machine sham. This bill is going down unless we tims if they have been inconvenienced by the gun performance, legal liability and responsi- pass the Conyers-Campbell substitute death of a loved one. It is so unfortunate the bility for the sales stream and for adults, in- to save our children from dying from arguments of the 24-hour National Instant cluding parents. gun violence. Check System (N.I.C.S.) equates the value of Mr. CONYERS. Mr. Chairman, I yield a precious life as only a matter of conven- All too often this debate on firearm safety 30 seconds to the gentleman from ience. It's a shame when waiting a couple of and protecting our society from gun violence Texas (Mr. EDWARDS). days is just too much to put up with. If we can engenders the same canned arguments, no Mr. EDWARDS. Mr. Chairman, with- prevent firearms from being placed into the matter the substance and different proposals. out the Conyers substitute, nine li- hands of persons that have records of vio- The gun lobby and their supporters have the censed vendors could sell thousands of lence or are unstable and stop the gun vio- same script; that assumes the hidden agenda guns to felons at a gun show without lence at their hands, only then will we have is to take all guns and ban them, supposedly doing one criminal background check. done our job. At least 27 percent of N.I.C.S. violating the ConstitutionÐplain and simple Let me repeat. Without the Conyers applicants are not processed within 24 hours scare tactics. Well, I own hunting shotguns substitute, nine licensed vendors could and approximately 80 percent of those denied and I want to keep them and I want others in sell thousands of guns to felons with- the purchase, the individuals we want to our society who are responsible to have the out doing one criminal background screen out, take longer than 24 hours. same opportunity. In fact, I've heard no pro- check. Although we may not hear about all the ponent of closing the gun show loophole or In the wake of the Columbine High other tragedies that occur on a daily basis we placing other limits on handguns or assault tragedies, only the NRA and those who do know that more and more criminals are firearms advocate banning or taking all guns support them could call this progress. finding it easier to obtain guns and we must away. But the gun lobby has stampeded the Vote ‘‘yes’’ on the Conyers sub- act now to prevent this from occurring and House, ironically the people's House, into a stitute. making a mockery of the background check blind canyon. Their arguments reflect an in- Mr. CONYERS. Mr. Chairman, I yield procedure. Our goal has never been to punish ability to deal with the facts and the gun lobby 30 seconds to the gentlewoman from a law-abiding citizen who wishes to own guns, dictates only cosmetic changes. Ohio (Mrs. JONES), a former member of but to prevent those individuals who have the judiciary. demonstrated that they will break the law, who Sound regulation of firearms is the best as- Mrs. JONES of Ohio. Mr. Chairman, I do have criminal conduct as part of their his- surance Congress can provide for citizen own- raised it yesterday, I raise it again tory and those who are incompetent from by- ership. As for the second amendment to the today. No one has responded to the fact passing the screening system and finding Constitution, I am not aware of any decisions that local communities are not pre- other ways to obtain firearms. The fact is that that come close to undercutting the laws and pared to provide answers to instant the limitations on such problem actors is a proposals on the table. These assertions are H4652 CONGRESSIONAL RECORD — HOUSE June 18, 1999 simply bogus rationalizations. The real friend Mr. MCCOLLUM. Mr. Chairman, may we start playing children and start of the sportsman is a policy path that asserts I inquire if all time has expired for the playing juvenile violence and start responsibility and sets a standard of common others? thinking more deeply about these sense and not a Congress that dances to the The CHAIRMAN. All other time has things and trying to come to grips with music composed and conducted by the gun expired. solutions. lobby special interests. Mr. MCCOLLUM. Mr. Chairman, I One thing we can do is pass a bill Vote for the Conyers substitute. Vote to stop yield the balance of my time to the today. Then it goes to conference, and the violence. Vote for responsible firearm safe- gentleman from Illinois (Mr. HYDE), then we will see if we cannot, through ty and ownership. Vote for your constituents, the distinguished chairman of the some inspiration, come out with a bill not the special interest. Vote for the Conyers House Committee on the Judiciary. that advances the cause of tranquility substitute. (Mr. HYDE asked and was given per- and safety and families and kids in this Mr. CONYERS. Mr. Chairman, I yield mission to revise and extend his re- country. 30 seconds to the gentleman from New marks.) Vote for the bill; vote against the York (Mr. CROWLEY). Mr. HYDE. My colleagues, we have Conyers substitute, which undoes ev- Mr. CROWLEY. Mr. Chairman, I rise reached the bottom line, and there is erything we did in the last 2 days, and today in strong support of the Conyers only one question that remains. Do we let us move into conference and see if substitute and to protest the major- go forward, or do we go backwards? we cannot continue this process. ity’s restriction on the number of Nobody gets everything they want in Ms. DEGETTE. Mr. Chairman, my esteemed Democratic amendments considered to a bill, especially one as contentious as colleagues, we have an opportunity before us the Mandatory Gun Show Background this bill. But if we can pass a bill, we today to pass bi-partisan, moderate gun safety Check Act. can get it to conference, where the real legislation. We have a chance to make this Clearly, this decision favors the op- bill will be written, and we will have a country a safer place and we cannot afford to ponents of gun control and weakens chance to get those things that are let this opportunity slip away. our efforts to combat the proliferation near and dear to all our hearts. But if If this body passes weak and watered down of gun crimes in our Nation. Instead of we stop right now, we will not solve gun safety legislation then we have wasted being a House of the people, we become anything. our time. If we do not pass the moderate gun the water carriers for the NRA. So the question is, are we really seri- safety measures, equivalent to those that Mr. Chairman, we are out of step ous about doing something about juve- passed in the Senate, we might as well pass with our colleagues in the Senate, and nile crime, or would we rather posture; nothing. We have a chance to do something we are certainly out of step with the would we rather demonize our oppo- meaningful and we cannot afford to fail! When it comes to gun safety, the people of majority of the people in the United nents and question their motives? Is this country are not going to settle for lip serv- States. that too much fun? Or can we keep this ice. They want safe schools for their children. By restricting our ability to offer meaningful process alive and get it into conference They want safe streets. They want to live in a where we will all have a voice, and we anti-gun violence amendmentsto this legisla- country where thousands of people do not die will try to shape a bill that suits the tion, the Republican leadership has clearly let of gun shot wounds every year. They want to needs of America? down the children and families of America by live in a country where there are not seven This is only the first step. It is not putting the interests of the gun lobby above school shootings within a period of two years. the safety and well-being of all our children. the end game. So I ask my colleagues There have been charges from Members on Therefore I strongly urge my colleagues to to please not cut the lifeline to this the other side of this issue that those of us support the Conyers substitute which will as- process that we are embarked in, this who support these gun safety measures are sure that Congress promptly responds to what contentious process. somehow taking political advantage of recent the vast majority of Americans wantÐcom- Everybody here has been voting their tragedies. Make no mistake. There is only one monsense laws which are designed to keep district, their community, not voting outside agenda here and that is the agenda of firearms out of the hands of criminals and party line, and we should not vote the NRA which has categorically rejected one children. party line. There is no party line, al- reasonable proposal after another. The rest of Mr. CAMPBELL. Mr. Chairman, I though the Republican leadership sup- us are attempting to enact smart, sensible gun yield 45 seconds to the gentleman from ports this bill. safety legislation which many of us have been Connecticut (Mr. SHAYS), a reasonable The substitute of the gentleman from working on throughout our legislative careers. Republican for reasonable gun control. Michigan (Mr. CONYERS) would undo all And every school massacre, drive-by shooting Mr. SHAYS. Mr. Chairman, I rise in of the things we did yesterday. Some and accidental death of a child playing with support of the Conyers-Campbell sub- we may think are bad, but some are guns further proves that this is the right thing stitute, the Senate bill, and I urge good. One of the things the gentleman to do. Members to vote against final passage does is denies the increased penalty on Sensible gun control is not about chipping if the Conyers-Campbell substitute adults who illegally give a gun to a ju- away at the Second Amendment. It is not does not pass. venile. That is a step backwards. about taking away the right of ordinary citizens The bottom line is a 24-hour waiting I suggest we support this bill, we to own a gun. Those who tell you otherwise period is a joke. It is an absolute joke. keep the process alive, because we are not being straight with you because this is It makes a mockery of the law. We want to do something about juvenile not about infringing upon the rights of ordinary have a gun show on a Saturday, on a violence. And maybe someday we can citizens. This is about keeping guns out of the Sunday, the check means nothing. It is elevate our thoughts from things like hands of those who should not have them. a joke. guns and get into the realm of ideas Tightening restrictions on the ability of crimi- I hope in my lifetime the marriage that have horrible consequences and nals to purchase weapons of mass destruction between the NRA and my party ends in are filling our children’s souls with does not impede on the Bill of Rights. Making divorce. It is a bad marriage. hate and death and violence. That is guns safer and keeping them out of the hands Mr. CONYERS. Mr. Chairman, I yield the real enemy, not the things. of kids does not undermine our constitution. myself the balance of my time, and I But there are too many guns, too We live in an era of automatic weapons and want to thank all of the Members of many guns available to kids, and those an increasingly violent culture. Tackling the this body on both sides of the aisle that people who responsibly use guns are en- problems with guns should not preclude the have joined in for the substitute, par- titled to their constitutional right. need to address our cultural problems. But to ticularly, of course, the gentleman Balance is what we are looking for, deny that easy access to certain guns is a from California (Mr. CAMPBELL). protecting constitutional rights, pro- part of the problem is, quite literally, a deadly What is the question? If we want tecting kids. mistake. A disturbed person is dangerous. A more criminals to get guns from gun The gentlewoman from New York disturbed person with a gun is deadly. shows, vote against Conyers-Campbell. last night, and she is a gentlewoman, We have before us an opportunity to do If we do not want criminals to get guns made a very compelling and moving right by our constituents. If this House can't from gun shows then we will vote for speech about why she came here. We pass a meaningful gun safety bill we should Conyers-Campbell. It is as simple as all came here for the same thing. And be ashamed to go home and face the men, that. I suggest we stop playing politics and women and children we represent. June 18, 1999 CONGRESSIONAL RECORD — HOUSE H4653 Vote for the Conyers substitute. enjoyed shooting and hunting since I was a Barrett (WI) Greenwood Nadler Becerra Gutierrez Napolitano Ms. MCCARTHY of Missouri. Mr. Chairman, young child. I defy anyone to call me anti-gun Bentsen Hall (OH) Neal I rise today to support the democratic alter- or to imply that I favor banning guns or prohib- Berkley Hastings (FL) Olver native to the Child Safety Act, offered by Mr. iting gun ownership. I do not agree with those Berman Hinchey Ose CONYERS of Michigan. In particular, I urge my who seek to ban ownership of guns by law Bilbray Hinojosa Owens Blagojevich Hoeffel Pallone colleagues to support the funding for crisis abiding citizens. I support the second amend- Blumenauer Holt Pastor prevention counselors and anti-violence initia- ment, but we must remember we are a nation Boehlert Hooley Payne tives in our local schools. of laws, not a nation of men. In our 212 years Bonior Horn Pelosi Borski Hoyer Pomeroy Early intervention has been shown to greatly of experience with the Constitution, our nation Brady (PA) Inslee Porter reduce incidences of violence in schools. Chil- and our freedom has survived with order. I do Brown (FL) Jackson (IL) Price (NC) dren who need help should be able to get help not believe the Brady Bill and the instant back- Brown (OH) Jackson-Lee Quinn right away. There should be caring adults in ground check have denied any law abiding cit- Campbell (TX) Ramstad Capps Jefferson Rangel the schools who can identify children who izen the right to purchase and possess a gun. Capuano Johnson (CT) Reyes might be struggling with a problem or with And it is an undeniable fact that the Brady Bill Cardin Johnson, E.B. Rivers anger before it is too late. We cannot cut cor- has stopped hundreds of thousands of people Carson Jones (OH) Rodriguez Castle Kaptur Roemer ners when it comes to our children. whom all of us believe should not have guns Clay Kennedy Rogan The other body had the opportunity to adopt from getting guns. But the fact remains that Clayton Kildee Ros-Lehtinen a true ban on juvenile possession of semi- sellers at gun shows who are not federally li- Clyburn Kilpatrick Rothman automatic assault weapons, but instead they censed gun dealers are able to sell guns out- Condit Kleczka Roukema Conyers Klink Roybal-Allard adopted a weak amendment that allows juve- side the confines of the background check. Coyne Kucinich Rush niles to possess semi-automatic assault weap- Not only does this open a loophole for the Crowley Kuykendall Sabo ons with parental consent. There is no legiti- transfer of guns to people whom we all believe Cummings LaFalce Sanchez mate reason for a teenager to possess a Davis (FL) Lantos Sanders should not have access to them, namely crimi- Davis (IL) Larson Sawyer Street Sweeper or an Uzi. Juvenile possession nals, or people with criminal backgrounds, but Davis (VA) Leach Schakowsky of these weapons should be banned. This pro- this is also creates an unfair advantage for DeFazio Lee Scott vision is an invitation for dangerous juveniles non-licensed dealers. Why should Congress DeGette Levin Serrano Delahunt Lewis (GA) Shays to manipulate or pressure a permissive or irre- treat one class of gun sellers differently than DeLauro Lipinski Sherman sponsible parent into allow the teenager to others? Unfortunately, current law allows this Deutsch Lofgren Slaughter have a deadly weapon. We have an oppor- unequal treatment as does the Dingell amend- Diaz-Balart Lowey Snyder tunity to adopt a strong bill that will prioritize Dicks Luther Spratt ment, which I believe is unfair. Dixon Maloney (NY) Stabenow youth safety. Then we can advocate for this I opposed the amendment by my good Doggett Markey Stark strong language when the bill is in conference. friend Mr. DINGELL, with whom I have enjoyed Dooley Martinez Stupak I hope that this Congress will prioritize many hours freezing in a duck blind, because Doyle Matsui Tauscher Edwards McCarthy (MO) Thompson (CA) school safety. I hope that we will make a com- I do not believe it closes the loophole that is Engel McCarthy (NY) Thompson (MS) mitment to our children to make their schools allowing criminals access to guns. I supported Eshoo McDermott Tierney safer and more conducive to learning. I also the McCarthy amendment because it would Evans McGovern Towns hope that we will make a commitment to ex- Farr McKinney Udall (CO) have closed this gun show loophole without Fattah McNulty Udall (NM) amine what our children are learning and to placing any new restrictions on law abiding Filner Meehan Velazquez ask if they are receiving a quality education citizens right to own and purchase a gun. No Forbes Meek (FL) Vento that prepares them to be responsible citizens where in the bill did it restrict that right. And, Ford Meeks (NY) Visclosky Frank (MA) Menendez Waters in a democracyÐto make good, informed it eliminated the commercial inequity that cur- Franks (NJ) Millender- Watt (NC) choices; to live in peace with their neighbors rently exists between licensed gun dealers Frelinghuysen McDonald Waxman and coworkers; and to enjoy life to the fullest and non-licensed gun dealers. Frost Miller, George Weiner extent possible. Ganske Mink Wexler I am not comfortable with everything in Con- Gejdenson Moakley Weygand Mr. FARR of California. Mr. Chairman, a yers-Campbell amendment, but I do believe Gephardt Moore Woolsey bright and shining moment to better protect we must close the gun show loophole to pre- Gilchrest Moran (VA) Wu our children from gun violence was within our vent criminals from having such easy access Gonzalez Morella Wynn reach and we failed to grasp the brass ring. to guns, just as has been done at gun stores, NOES—242 We failed to enact modest gun safety meas- and we should restore commercial equity be- Aderholt Chambliss Gekas ures that many of our states have already en- tween federally licensed and non-licensed gun Archer Chenoweth Gibbons acted. sellers to the public. We can do so without re- Armey Clement Gillmor In my own state of California we have a 10 Bachus Coble Gilman stricting the right to gun ownership by the law Baird Coburn Goode day waiting period to purchase any firearm. abiding public. To say otherwise is simply not Baker Collins Goodlatte 19 states have enacted their own waiting correct and fearmongering. As a gun owner, Ballenger Combest Goodling periods to purchase a handgun or a permit to Barcia Cook Gordon hunter and former NRA marksman, I believe Barr Cooksey Goss purchase a firearm. the gun show loophole for criminals is one Barrett (NE) Costello Graham Why are we afraid to be as bold as our own which we law abiding gun-owning citizens can Bartlett Cox Granger state legislators. live without while protecting our Second Barton Cramer Green (TX) Two months ago, following the Columbine Bass Crane Green (WI) Amendment right to own guns. Bateman Cubin Gutknecht High School shooting in Colorado, the Cali- The CHAIRMAN. The question is on Bereuter Cunningham Hall (TX) fornia General Assembly passed a one-gun- the amendment in the nature of a sub- Berry Danner Hansen month law for California, and the California stitute, as modified, offered by the gen- Biggert Deal Hastings (WA) Senate is expected to approve it. Bilirakis DeLay Hayes tleman from Michigan (Mr. CONYERS). Bishop DeMint Hayworth If California approves the measure, it will The question was taken; and the Bliley Dickey Hefley become the fourth and largest state to curb Blunt Dingell Herger Chairman announced that the noes ap- Boehner Doolittle Hill (IN) gun trafficking through this common sense peared to have it. measure. Bono Dreier Hill (MT) RECORDED VOTE Boswell Duncan Hilleary I urge my colleagues to support the Demo- Boucher Dunn Hobson cratic substituteÐa common sense measureÐ Mr. CONYERS. Mr. Chairman, I de- Boyd Ehlers Hoekstra to protect our children from gun violence. mand a recorded vote. Brady (TX) Ehrlich Holden A recorded vote was ordered. Bryant Emerson Hostettler Mr. BENTSEN. Mr. Chairman, I rise in sup- Burr English Houghton port of the Conyers-Campbell substitute. Last The vote was taken by electronic de- Burton Etheridge Hulshof night, I believe this House failed to address a vice, and there were—ayes 184, noes 242, Buyer Everett Hunter gaping loophole in the law as it relates to the not voting 8, as follows: Callahan Ewing Hutchinson Calvert Fletcher Hyde transfer of guns to criminals. [Roll No. 243] Camp Foley Isakson I fully appreciate the emotion felt by all AYES—184 Canady Fossella Istook Cannon Fowler Jenkins members with regard to gun control and gun Abercrombie Allen Baldacci Chabot Gallegly John safety laws. I grew up around guns and have Ackerman Andrews Baldwin H4654 CONGRESSIONAL RECORD — HOUSE June 18, 1999 Johnson, Sam Oberstar Smith (MI) where we know the problem liesÐon the num- solved within two hours; a full seventy-three Jones (NC) Obey Smith (NJ) Kanjorski Ortiz Smith (TX) ber of broken families in our country, on our percent are completed instantly. The handful Kasich Oxley Smith (WA) over-sized classrooms, on the amount of sex of background checks that take longer than Kelly Packard Souder and violence in our children's music, movies two hours are usually due to an arrest record Kind (WI) Paul Spence and games, and on the drugs and drug deal- that needs to be investigated further. Law- King (NY) Pease Stearns Kingston Peterson (MN) Stenholm ers that are infiltrating our inner cities. The abiding gun owners in this country will not be Knollenberg Peterson (PA) Strickland root of the problem is the absence of God in burdened by this provision, but instituting Kolbe Petri Stump our homes and in our schoolsÐnot the pres- background checks at gun shows will help LaHood Phelps Sununu Lampson Pickering Sweeney ence of guns in our society. keep guns out of the wrong hands. Largent Pickett Talent Despite the hundreds of gun laws that exist I also support the Senate-passed provision Latham Pitts Tancredo today, none prevented such horrifying events. included in this amendment that would require LaTourette Pombo Tanner And none ever will. In Washington, D.C., it is safety locks or secure storage devices on Lazio Portman Tauzin Lewis (KY) Pryce (OH) Taylor (MS) a felony to possess a handgun in your every newly purchased handgun. This provi- Linder Radanovich Taylor (NC) homeÐyet this has had little effect on the sion would help parents safeguard their chil- LoBiondo Rahall Terry crime rate in our nation's capital. We must not dren from the epidemic of accidental shootings Lucas (KY) Regula Thornberry Lucas (OK) Reynolds Thune punish the majority of our law-abiding citizens that has infected this country. This amend- Maloney (CT) Riley Thurman by making it harder on them toÐlegallyÐpur- ment does not mandate that the gun owner Manzullo Rogers Tiahrt sue a constitutional right. Instead, we must take advantage of the safety device; the gun Mascara Rohrabacher Toomey empower our law enforcement agencies and owner may remove the device immediately McCollum Royce Traficant McCrery Ryan (WI) Turner judicial system to track down and convict upon purchase of the weapon. This proposal McHugh Ryun (KS) Upton those who choose to use guns illegallyÐre- would only aid efforts to avoid preventable McInnis Sandlin Vitter gardless of their age. deaths. McIntosh Sanford Walden In short, Mr. Chairman, we need to focus Mr. Chairman, the Conyers amendment to McIntyre Saxton Walsh McKeon Scarborough Wamp our efforts on strengthening our juvenile jus- H.R. 2122 does not tamper with our nation's Metcalf Schaffer Watkins tice system. We need to instill values and strong tradition of the protection of the right to Mica Sensenbrenner Watts (OK) build character in our children at home, in our bear arms. This amendment provides a com- Miller (FL) Sessions Weldon (FL) Miller, Gary Shadegg Weldon (PA) schools and in our churches. We need to ad- mon-sense approach to gun safety, and I Mollohan Shaw Weller vocate more parental controlÐnot more gun would urge my colleagues to support it. Moran (KS) Sherwood Whitfield control. I urge colleagues to vote against H.R. Mrs. ROUKEMA. Mr. Chairman, I have to Murtha Shimkus Wicker 2122. commend our leader in this battle, Mrs. Myrick Shows Wilson Nethercutt Shuster Wise Mr. POMEROY. Mr. Chairman, I rise in sup- MCCARTHY. I have worked very closely with Ney Simpson Wolf port of the Conyers amendment to H.R. 2122, her, followed her outstanding leadership and Northup Sisisky Young (AK) the Mandatory Gun Show Background Check been so truly inspired by her commitment and Norwood Skeen Young (FL) Act. This amendment takes reasonable steps Nussle Skelton bravery. to reduce gun violence, while preserving per- None of us can understand the trauma Mrs. NOT VOTING—8 sonal freedoms. MCCARTHY has endured since December 7, Bonilla Lewis (CA) Salmon I believe strongly that law-abiding citizens 1993, the day Colin Ferguson, armed with an Brown (CA) Minge Thomas have a constitutionally protected right to pur- Hilliard Pascrell illegal gun, opened fire inside a crowded Long chase and responsibly use firearms. The fed- Island Railroad passenger car, killing six and b 1402 eral government does not and should not have injuring 19. Her husband, Dennis, who was in- Messrs. WALSH, LUCAS of Okla- the power to prevent its citizens from enjoying nocently returning home from a hard day at homa and PEASE changed their vote recreational activities that involve firearms, the office, was among those killed. Her son, from ‘‘aye’’ to ‘‘no.’’ such as hunting and target shooting. Neither Kevin, was wounded and severely disabled. So the amendment in the nature of a does the federal government have the power This horrible tragedy instantly shattered Mrs. substitute, as modified, was rejected. to restrict our ability to defend ourselves by MCCARTHY's quiet life as a licensed practical The result of the vote was announced banning the possession of hand guns. My nurse, wife and mother. She could have as above recorded. constituents in North Dakota, and all American stayed at home, absorbed with her grief. In- Mr. HALL of Texas. Mr. Chairman, I would citizens, have the right to use firearms in stead, she has gathered strength from trauma like to thank my good friend for giving me the recreation, just as they have the right to use and grief, and chosen to make a contribution time to express my strong opposition to H.R. firearms to defend themselves and their fami- and bring something positive out of this trag- 2122. In lieu of recent eventsÐmore specifi- lies. The full strength of the Second Amend- edy. She is now a leader in the efforts to end cally, the tragedy in Littleton, ColoradoÐI ment to the Constitution is behind that right. this terrible cycle of gun violence that is plagu- share the concern and fear for the future of However, I also believe that the moderate ing our nation. Speaking at events across the our great nationÐespecially for our children. gun safety measures included in the Conyers country, crusading to spread the message of Such tragic occurrences demand serious re- amendment uphold constitutional rights while gun violence and working to pass gun safety flection by all of usÐparents, children, edu- helping to prevent the gun violence that threat- legislation here in Congress, she is striving to cators and legislators alike. I pray that such ens public safety and shatters families. The make our streets safe for our children, families reflection will create serious dialogue between gun safety measures in this amendment are and neighbors. parents and their children, for I believe that identical to those passed last month by the Mrs. MCCARTHY has shown incredible cour- the true solution to such tragedies lies within Senate, and offer a common-sense approach age and strength throughout this legislative the family unit. to gun safety. Specifically, the expansion of process. She is an inspiration for all of us who We are united in our compassion for those the National Instant Check System to include have lost a loved one to an untimely death involved in these recent tragedies, but we background checks at gun shows will help and is proof that life can go on. must be careful not to confuse the issues sur- keep firearms out of the hands of violent crimi- Mr. FILNER. Mr. Chairman, as the juvenile rounding these terrible events. It seems that nals. The National Instant Check System crime bill has worked its way to the House every time there is a drive-by shootingÐor (NICS) set up by the Brady bill has proven to floor, we have lost sight of something crucial. every time some mal-contented, misguided, or be highly successful at preventing convicted Following the tragic armed assault by two incorrigible youth decides to obtain guns in criminals from accessing firearms. In the last troubled students on classmates at Columbine order to kill innocent peopleÐthere is a rush six months, the NICS has prevented over High School, the citizens of this nation cried to jump on the bandwagon to take away our 90,000 illegal gun transactions, many of which out for policy to stop the killing, a policy that Second Amendment rights. These tragedies would have armed violent criminals. will protect our children from gun violence. ought, instead, to spawn a resurgence of the I do recognize that concerns exist regarding There are many concerns that need to be effort to put God back in our schools and in the impact of gun show background checks on addressed. We need to take action on media the hearts of every student. Such tragedies citizens' rights to purchase firearms. However, violence, to develop programs that build chil- should also spawn a resurgence in parents' the NICS system has proven effective at de- dren's confidence and self-esteem, to help commitment to raise their children to respect terring criminals without placing an undue bur- parents develop the tools they need to better the sanctity of life and to be responsible, law- den on law-abiding gun buyers. Nearly ninety- raise their children. But before our work in any abiding citizens. We need to focus our efforts five percent of all background checks are re- of these areas can be effective, we must face June 18, 1999 CONGRESSIONAL RECORD — HOUSE H4655 one irrefutable fact: our young people are able dramatically heightened concerns about the Mr. DELAHUNT. Mr. Chairman, I rise in op- to act on their anger and frustration and rage safety of our children, and left parents across position to this dangerous and irresponsible because it is so easy for them to get their the nation searching for answers. bill. A bill that would weaken the Brady Law hands on a gun. As a result of thisÐand the The sad fact is, our society is now per- and put lethal weapons into the hands of ease with which criminals can buy gunsÐwe meated with violence. Graphic depictions of criminals. are losing on average 13 children and teen- violent acts can be found all over television, in During the past five years, the Brady Instant agers every single day. films and music, and on the Internet. By the Check System has prevented illegal gun pur- The vast majority of Americans understand age of 18, the average American child has wit- chases by more than 400,000 fugitives, con- this. In a CNN-Gallup poll taken just this week, nessed over 200,000 acts of violence on tele- victed felons, drug addicts, and others who 87 percent of Americans said they support vision alone, including some 16,000 murders. cannot lawfully possess a firearm. legislation to close the loopholes in the law Sadly, the average child under the age of But if we pass this bill, we will be handing that put guns in the hands of children and eleven watches more than twenty hours of tel- them a loaded weapon and inviting them to criminals. evision a weekÐyet spends less than one pull the trigger. Americans favor laws that: Close the loop- hour in meaningful conversation with parents. That's because the bill denies the FBI the hole that allows people to buy guns at gun America is now in a cultural state of emer- three days it needs to complete its back- shows and flea markets without background gency. As parents and leaders in our commu- ground check on the very people most likely to checks; close the loophole that fails to hold nities, we must reclaim control over our chil- have a criminal history. gun owners responsible for keeping loaded dren's lives and education. Like the convicted rapist who traveled from firearms out of the reach of children; close the Mr. Chairman, I wish we could forever end Virginia to North Carolina last monthÐfor the loophole that allows children of any age to violent crimes in our schools by a simple act purpose of buying a gun. purchase or possess assault weapons; close of Congress. Unfortunately, no success can Or the man convicted of armed robbery and the loophole that allows the import of ammuni- ever compensate for failure in the home. No burglary in Georgia who drove to Missouri last tion clips holding more than 10 rounds; and new law will repair the damage done by the MarchÐfor the purpose of buying a gun. close the loophole that allows juveniles under repeated glorification of violence in our soci- Or the murderer in Texas. 21 to purchase handguns. etyÐand no new regulation will ever do the Or the arsonist in New Jersey, who went all This is the bare bones legislation that Amer- job of a caring and attentive parent. If we the way to Mississippi last AprilÐfor the pur- icans are demanding. The bill passed last hope to reduce violence in our schools and in- pose of buying a gun. month by the Senate would close most of still a healthy appreciation of life in our chil- These are just a few of the thousands of these loopholes. Now it is up to us to approve dren, we must begin by strengthening our ef- criminals who tried to purchase handguns in the Senate gun package as written or to forts in the home. If we fail at home as par- the last six months and were stoppedÐbe- strengthen it. We must seize the opportunity to ents, our children will have little chance of cause a three-day background check revealed close loopholes in the law and save children ever succeedingÐor feeling safeÐat our na- their criminal history before the sale could go and their families from the horror and pain of tion's schools. through. gun violence. As a strong supporter of the Constitution, I But if this bill had been the law of the land But what are we doing instead? We are ig- will not support unreasonable restrictions on six months ago, the FBI estimates that 9,000 noring the American public and playing games the ability of citizens to exercise their Second of these people would have been walking the with the lives of our children. The bills we Amendment right. While I agree that we must streets with a license to kill. If this bill passes have before us this week not only water down do everything possible to prevent more violent in its present form, those 9,000 will try again. the Senate's proposal, but they actually create school tragedies, simply blaming guns ignores And this time, they'll get away with it. new loopholes, like a new definition for gun the root causes of violence among our youth. I ask my colleagues to think about that be- shows and changing the time allotted for back- Strictly enforcing the 20,000 existing gun laws fore they vote. Think about the lives that will ground checks. These bills were not designed already on the books should be our first imme- be destroyed because one of those 9,000 to quell the understandable fears of American diate step. The restoration of discipline and criminals got hold of a weapon and pulled the parents. They were designed to satisfy a accountability in our homes, our schools, and trigger. Think about what we will say to the small, vocal minority in this countryÐthe gun in society will help reduce violent juvenile families of the victims who are killed if we vote lobby. crimesÐcompromising the rights of every free, tonight to weaken the Brady Law. Mr. Chairman, I call on my colleagues today law-abiding American will not. Or we can step back from the precipice, Mr. to stop playing politics with the lives of our Mr. Chairman, there are plenty of people Speaker, as the Senate did a few short weeks children. You'll never satisfy the gun lobby. here in Washington who believe that we can ago. Tonight the provisions passed by the They care more about their guns and winning ``legislate'' a solution to the problem of school Senate will be offered as an amendment by the argument than they do about protecting violence. I wish it were that easy. But the truth Congresswoman MCCARTHYÐwho knows the lives of our precious children. is, this is a job for parents, not politiciansÐ more about what handguns have cost the fam- I am not suggesting that closing these loop- and the most important thing we can do for ilies of America than anyone in this chamber. holes will stop all gun violence. What I am our children won't happen on the floor of Con- The McCarthy amendment would preserve saying is that this is a small, but significant, gress, but within the walls of our own homes. the Brady Instant Check System and extend it first step to reigning in the violence that is kill- Ms. HOOLEY of Oregon. Mr. Chairman, I to the gun shows where criminals go to buy ing our children and destroying our families. I am supporting the McCarthy amendment be- their weapons. ask that you join me in a vote for the future cause I believe this amendment will close a It is time for us to stand with her. It is time of America. Please reject the weak measures loophole left open in the Brady Law passed in for us to stand up to the NRA. before you and vote for meaningful laws that 1994. Closing this loophole does not create Mr. BARCIA. Mr. Chairman, in the aftermath will restrict access to guns and keep our chil- new laws, and I believe, creates very little ad- of the tragedy in Littleton, Colorado, there has dren safe. ditional burdens for law abiding citizens. How- been a need to find something concrete to be Mr. RILEY. Mr. Chairman, I rise today in ever, it will present criminals from getting guns culpable for this horrible event. While many support of the Hunter amendment. As a home- and it will save lives. have blamed the parents, society, movies or owner in the District of Columbia, I find it of- I also support this amendment at the re- video games, most of the condemnation has fensive that DC gun laws prevent me from quest of the law enforcement community in my pointed to firearms. As a result, a call for more protecting my family and home. district who have signaled to me that closing gun control legislation swept across this coun- We all know that the criminals in this city the gun show loophole is one of their top pri- try to Washington. have guns, yet innocent, law-abiding citizens orities. They have told me that the McCarthy I share many of my colleagues' concerns are routinely denied a basic constitutional right amendment will best help them keep guns out about the violence that has plagued our soci- of protection. of the hands of criminals and prevent violent ety and I, too, am particularly concerned about Mr. Chairman, this defies all common crime throughout the fifth district and the State the children who have used violence to ad- sense. Let's punish criminals, not law-abiding of Oregon. dress a situation rather than using other citizens. Pass the Hunter amendment. This amendment is a common sense ap- means. However, I do not believe that putting Mr. PACKARD. Mr. Chairman, like every proach to keeping guns out of the hands of more restrictions on guns is the solution to this American, I am deeply disturbed by the grow- criminals and is supported by law enforcement blame game. ing epidemic of violent juvenile crime. The re- and members of both parties. I look forward to As many of my colleagues have expressed, cent tragedy at Columbine High School has seeing this amendment passed this evening. there are thousands of guns laws on the H4656 CONGRESSIONAL RECORD — HOUSE June 18, 1999 books today and none of them prevented the those on the edge, cannot. It only took three McHugh Rogan Talent McKeon Rogers Tancredo tragedy in Colorado. Furthermore, the pro- of those young people to created the havoc Miller (FL) Rohrabacher Tanner posals here today would not prevent this kind that brings us to this debate. Unless we deal Miller, Gary Ros-Lehtinen Tauzin of tragedy from happening again. with these societal problems, we will be Myrick Royce Taylor (MS) The right to keep and bear arms as guaran- doomed to repeat the tragedies of Littleton Northup Ryan (WI) Taylor (NC) Norwood Saxton Terry teed in our Constitution should not be re- and Conyers. Nussle Sensenbrenner Toomey stricted, but be restored to our law-abiding citi- Let's rebuild the guardrails of our society Oxley Sessions Traficant zens. The way to fight crime is to punish the that will keep the less fortunate or the emo- Packard Shaw Walden Petri Shuster Walsh criminals, not victims, for the crimes they com- tionally-disturbed from going off the side of the Phelps Simpson Watkins mit by imposing harsh punishments and longer mountainÐand taking the innocents with Pickering Sisisky Watts (OK) sentences. It is also important to give the po- them. Pitts Skeen Weldon (FL) lice the resources and authority they need to The CHAIRMAN. There being no fur- Portman Smith (MI) Weldon (PA) Pryce (OH) Smith (TX) Weller catch and punish criminals without penalizing ther amendments in order under the Quinn Smith (WA) Wicker or restricting the rights of law-abiding citizens. rule, the Committee rises. Radanovich Spence Wilson If we want to find someone to blame for the Accordingly, the Committee rose; Rahall Stearns Wise crime in our society, we should blame our- Regula Sununu Wolf and the Speaker pro tempore (Mr. Reynolds Sweeney Young (FL) selves for not spending the time with our chil- LAHOOD) having assumed the chair, Mr. dren and helping them to grow into productive THORNBERRY, Chairman of the Com- NOES—280 and well-adjusted adults. I urge everyone who mittee of the Whole House on the State Abercrombie Engel Lowey is a parent or grandparent to try to put more Ackerman Eshoo Lucas (KY) of the Union, reported that that Com- Aderholt Etheridge Lucas (OK) time aside and really listen to our children and mittee, having had under consideration Allen Evans Luther grandchildren. If there are problems, we the bill (H.R. 2122) to require back- Andrews Everett Maloney (CT) should be able to address them in a non- ground checks at gun shows, and for Bachus Farr Maloney (NY) Baird Fattah Markey violent fashion. Our children, the future lead- other purposes, pursuant to House Res- Baldacci Filner Martinez ers of this great country, are calling out to us. olution 209, he reported the bill back to Baldwin Forbes Mascara Listen to them and react to their needs. the House with sundry amendments Barcia Ford Matsui Mr. NORWOOD. Mr. Chairman, today we Barrett (WI) Frank (MA) McCarthy (MO) adopted by the Committee of the Barton Frelinghuysen McCarthy (NY) debate more than guns, we debate how to get Whole. Becerra Frost McDermott a handle on violence. Everyone in this House The SPEAKER pro tempore. Under Bentsen Ganske McGovern admits, and the majority of Americans recog- the rule, the previous question is or- Berkley Gejdenson McInnis Berry Gephardt McIntosh nize, that there are a multitude of factors that dered. Bilbray Gibbons McIntyre led to the tragic school shootings this spring in Is a separate vote demanded on any Bishop Gilman McKinney Littleton, Colorado, and Conyers, Georgia. amendment? If not, the Chair will put Blagojevich Gonzalez McNulty If we are serious about ending this kind of Blumenauer Goode Meehan them en gros. Boehlert Gordon Meek (FL) violence, we have to address all the factors The amendments were agreed to. Bonior Green (TX) Meeks (NY) that led to it. We must deal with the denigra- The SPEAKER pro tempore. The Borski Gutierrez Menendez tion of religion in society, for religion is the question is on the engrossment and Boswell Hall (OH) Metcalf Boucher Hall (TX) Mica foundation of personal morality, the greatest of third reading of the bill. Boyd Hastings (FL) Millender- all protections against violence. As George The bill was ordered to be engrossed Brady (PA) Hastings (WA) McDonald Washington stated in his farewell address in and read a third time, and was read the Brady (TX) Hayes Miller, George 1796: Brown (FL) Hayworth Mink third time. Brown (OH) Hefley Moakley ``Let us with caution indulge the supposition The SPEAKER pro tempore. The Burr Herger Mollohan that morality can be maintained without reli- question is on the passage of the bill. Buyer Hill (IN) Moore gion. Whatever may be conceded to the influ- The question was taken; and the Callahan Hill (MT) Moran (KS) ence of refined education on minds of peculiar Campbell Hilleary Moran (VA) Speaker pro tempore announced that Capps Hilliard Morella structure, reason and experience both forbid the ayes appeared to have it. Capuano Hinchey Murtha Cardin Hinojosa Nadler us to expect that national morality can prevail RECORDED VOTE Carson Hoeffel Napolitano in exclusion of religious principle.'' Mr. CONYERS. Mr. Speaker, I de- We must also deal with ensuring a zero-tol- Castle Holden Neal mand a recorded vote. Chabot Holt Nethercutt erance for any weapons in our schools. We A recorded vote was ordered. Chambliss Hooley Ney Chenoweth Hostettler Oberstar must deal with the smut on the Internet and The vote was taken by electronic de- throughout our society. We must deal with ju- Clay Hoyer Obey vice, and there were—ayes 147, noes 280, Clayton Hulshof Olver venile crime, and the fact that we too often not voting 8, as follows: Clyburn Inslee Ortiz coddle teenagers who engage in murder, Coburn Istook Ose rape, and robbery. [Roll No. 244] Collins Jackson (IL) Owens These are the real solutions to Littleton and AYES—147 Combest Jackson-Lee Pallone Condit (TX) Pastor Archer Davis (VA) Hansen Conyers, not more gun control laws. Let's be Conyers Jefferson Paul Armey DeLay Hastert honest and quit dealing with just the edges of Cooksey Jenkins Payne Baker DeMint Hobson Costello John Pease the problems. Let's quit giving the easy polit- Ballenger Diaz-Balart Hoekstra Coyne Johnson (CT) Pelosi Barr Dreier Horn ical-out answers. Cramer Johnson, E.B. Peterson (MN) Barrett (NE) Duncan Houghton Let's take a hard, cold look at what kind of Crowley Johnson, Sam Peterson (PA) Bartlett Dunn Hunter Cubin Jones (NC) Pickett nation we've become, what we've allowed to Bass Ehlers Hutchinson Cummings Jones (OH) Pombo develop in this nation, and not shy away from Bateman Ehrlich Hyde Danner Kanjorski Pomeroy Bereuter English Isakson the tough actions needed to change our Davis (FL) Kaptur Porter Biggert Ewing Kasich course. Davis (IL) Kennedy Price (NC) Bilirakis Fletcher Kelly Deal Kildee Ramstad If anyone commits a violent crime with a Bliley Foley King (NY) DeFazio Kilpatrick Rangel Blunt Fossella Kingston gun, they should never again be allowed to DeGette Kind (WI) Reyes Boehner Fowler Knollenberg own one. If an adult illegally provides a weap- Delahunt Kleczka Riley Bono Franks (NJ) Kolbe DeLauro Klink Rivers on to a child, they should be prosecuted to the Bryant Gallegly Kuykendall Deutsch Kucinich Rodriguez fullest extent of the law, and we should in- Burton Gekas LaHood Dickey LaFalce Roemer Calvert Gilchrest Largent crease the penalties to the harshest possible. Dicks Lampson Rothman Camp Gillmor Latham Children should not have access to guns. Dingell Lantos Roukema Canady Goodlatte LaTourette Dixon Larson Roybal-Allard Children should also not be allowed to have Cannon Goodling Lazio Doggett Leach Rush Clement Goss Linder access to the filth and graphic violence that Dooley Lee Ryun (KS) Coble Graham Lipinski permeates the Internet, airwaves, cable tele- Doolittle Levin Sabo Cook Granger LoBiondo Doyle Lewis (GA) Sanchez vision, electronic games, and record shops. Cox Green (WI) Manzullo Edwards Lewis (KY) Sanders Most of our young people manage to main- Crane Greenwood McCollum Emerson Lofgren Sandlin tain morality in spite of this smut. A very few, Cunningham Gutknecht McCrery June 18, 1999 CONGRESSIONAL RECORD — HOUSE H4657 Sanford Spratt Udall (NM) grants to ensure increased accountability for friend from Texas and my colleagues Sawyer Stabenow Upton juvenile offenders; to amend the Juvenile on this side of the aisle in the majority Scarborough Stark Velazquez Justice and Delinquency Prevention Act of Schaffer Stenholm Vento that the time has come for us to have 1974 to provide quality prevention programs Schakowsky Strickland Visclosky this bill on the floor where we can have and accountability programs relating to ju- Scott Stump Vitter an open debate on an issue in which we Serrano Stupak Wamp venile delinquency; and for other purposes. debated for weeks and weeks and Shadegg Tauscher Waters f Shays Thompson (CA) Watt (NC) months on end in the last Congress. I Sherman Thompson (MS) Waxman think the country is ready, we are Sherwood Thornberry Weiner LEGISLATIVE PROGRAM Shimkus Thune Wexler tired of waiting, and I hope the gen- (Mr. BONIOR asked and was given tleman can give us some indication of Shows Thurman Weygand permission to address the House for 1 Skelton Tiahrt Whitfield when that bill will be before this body. Slaughter Tierney Woolsey minute.) Mr. ARMEY. Mr. Speaker, let me Smith (NJ) Towns Wu Mr. BONIOR. Mr. Speaker, I ask for again remind the gentleman the sum- Snyder Turner Wynn this 1 minute for the purpose of inquir- Souder Udall (CO) Young (AK) mers belong to the appropriations proc- ing from the distinguished Majority NOT VOTING—8 ess. The Speaker and the leadership Leader the schedule for today and next have correctly, I think, in terms of the Berman Lewis (CA) Salmon week. management of the year’s flow of busi- Bonilla Minge Thomas Mr. ARMEY. Mr. Speaker, will the Brown (CA) Pascrell ness placed that priority on the proc- gentleman yield? ess, and yet the Speaker has given as- b 1421 Mr. BONIOR. I yield to my friend surance, and I would second the assur- Ms. SANCHEZ and Messrs. from Texas. ances that he has given, that we should COSTELLO, HAYES, MOLLOHAN and Mr. ARMEY. Mr. Speaker, I thank be able to address this matter of cam- SHADEGG changed their vote from the gentleman for yielding. paign finance reform on the floor be- ‘‘aye’’ to ‘‘no.’’ Mr. Speaker, I am pleased to an- fore the end of September. So the bill was not passed. nounce we have concluded legislative Mr. BONIOR. Before the end of Sep- The result of the vote was announced business for the week. tember. as above recorded. The House will not be in session on Mr. Speaker, I regret hearing that A motion to reconsider was laid on Monday, June 21. once again. I understand that was the the table. The House will next meet on Tues- Speaker’s assurance and the gentle- Stated against: day, June 22, at 12:30 p.m. for morning man’s assurance, but that seems aw- Mr. MINGE. Mr. Speaker, on rollcall No. hour and 2 p.m. for legislative business. fully late in terms of making sure that 244, had I been present, I would have voted Members should note that we expect we have something that can change the ``no.'' recorded votes after 2 p.m. on Tuesday, law of this country to clean up our Mr. BERMAN. Mr. Speaker, I was unable to June 22. On Tuesday we will consider a campaign finance. cast a vote on final passage of H.R. 2122 be- number of bills under suspension of the I yield for a comment to my friend cause I had to catch the last available plane rules, and H.R. 659, the Patriotic Act, and leader on this issue, the gentleman to Los Angeles to attend my daughter's grad- under an open rule. from Maryland (Mr. HOYER). uation ceremony at 6:00 p.m. Pacific time. On Wednesday, June 23, and the bal- Mr. HOYER. I thank the distin- However, had I been present I would have ance of the week the House will con- guished whip for yielding, and I will voted ``no.'' sider the following legislation, all of say to my friend, the Majority Leader, f which will be subject to rules: I quoted him yesterday in hearings H.R. 2084, the Department of Trans- that we had in the Committee on AUTHORIZING THE CLERK TO portation Appropriation Act; House Administration saying that he MAKE CORRECTIONS IN EN- H.R. 1658, Civil Asset Forfeiture Re- hoped initially that this would be on GROSSMENT OF H.R. 1501, CON- form; the floor in July, campaign finance re- SEQUENCES FOR JUVENILE OF- H.J. Res. 33, Proposing an Amend- form. I also quoted the gentleman from FENDERS ACT OF 1999 ment to the Constitution of the United Tennessee (Mr. WAMP), who indicated Mr. BRYANT. Mr. Speaker, I ask States Authorizing the Congress to that if we delayed until September he unanimous consent that in the engross- Prohibit the Physical Desecration of was fearful that it would kill campaign ment of the bill, H.R. 1501, the Clerk be the Flag of the United States; and finance reform. authorized to make changes in the H.R. 1802, Foster Care and Depend- As the distinguished Majority Leader placement of the table of contents, ents Act of 1999. knows, we had over 50 hours of debate combine duplicative sections, correct Mr. Speaker, we expect to conclude on the Shays-Meehan bill last Congress section numbers, punctuation and legislative business by 2 o’clock p.m. and we had 252 Members vote in favor cross references and to make other on Friday, June 25, and I thank the of passing that bill, and frankly with such technical and conforming changes gentleman for having yielded me the all due respect the hearing that we had as may be necessary to reflect the ac- time. yesterday, three good Members of Con- tions of the House. Mr. BONIOR. If I could ask the gen- gress, the gentleman from California The SPEAKER pro tempore (Mr. tleman from Texas: Do we expect any (Mr. CALVERT), the gentleman from KOLBE). Is there objection to the re- late nights next week, any anticipated Maryland (Mr. GILCHREST) and the gen- quest of the gentleman from Ten- late evenings? tleman from Minnesota (Mr. SABO), nessee? Mr. ARMEY. I thank the gentleman. came and testified, but very frankly, There was no objection. We do have a fairly full legislative Mr. Leader, they testified on bills they f schedule, but it seems to me given that have had in it for at least two con- most of the work is considered under gresses. Very little change in their tes- TITLE AMENDMENT TO H.R. 1501, the rules and not very controversial we timony. They indicated to me it was CONSEQUENCES FOR JUVENILE should not expect a flood of amend- essentially no different than it was be- OFFENDERS ACT OF 1999 ments, and we should be able to man- fore. So I fear that the hearings will The SPEAKER pro tempore. Without age ourselves into relatively reason- simply delay us and will be a device to objection, the amendment to the title able working hours. kill rather than pass campaign finance of H.R. 1501 proposed in amendment Mr. BONIOR. I thank my colleague. reform. No. 36 in Part A of House Report 106– Let me ask him a further question I would hope that the gentleman 186 is adopted. and inquiry: from Texas (Mr. ARMEY) would consult There was no objection. When are we going to take up cam- with his leadership and see if we could The text of the amendment to the paign finance reform? I understand accelerate that so we could bring title is as follows: that the Committee on House Adminis- Shays-Meehan to the floor as quickly A bill to amend the Omnibus Crime Con- tration is going to have a series of as possible, and I thank the distin- trol and Safe Streets Act of 1968 to provide hearings, and I would just implore my guished gentleman from Michigan (Mr. H4658 CONGRESSIONAL RECORD — HOUSE June 18, 1999

BONIOR) for yielding, and I thank the There was no objection. wake up your State legislators, be- leader for his consideration of that re- f cause they can do what we cannot do. quest. They can pass laws regulating gun Mr. BONIOR. Mr. Speaker, I just HAPPY BIRTHDAY, CHRISTOPHER business. have one other request, and I yield to (Mr. ARMEY asked and was given Mr. Speaker, 67 cities and dozens of the gentleman from California (Mr. permission to address the House for 1 counties in California have adopted 183 FARR) for a comment. minute.) local firearm regulations, local firearm Mr. FARR of California. Mr. Speaker, Mr. ARMEY. Mr. Speaker, it is my regulations. The State legislature has I just have a question for those of us proud opportunity today to advise the passed every single law that Congress traveling from the West Coast. Is there House that my first grandson, Chris- has rejected. California regulates guns; any possibility that those votes on topher Irving Armey; as we like to other counties, cities and school dis- Tuesday could be rolled until 5 o’clock? know him, ‘‘CIA,’’ will be 2 years old tricts regulate, and so can yours. So If we leave the West Coast first thing tomorrow, and I am going to spend the local governments can do what Con- early Tuesday morning, the first plane whole day on that. gress has refused to do. Wake up, America. Get all of the gets in 4 p.m., and we can be on the f floor by 5:00. It would be very helpful. politicians involved in this. Take this Mr. ARMEY. Mr. Speaker, I thank ANNOUNCEMENT BY THE SPEAKER issue home, and give it to your local the gentleman for his request, and I do PRO TEMPORE legislators and make those laws in your own city. understand how important and sen- The SPEAKER pro tempore. The f sitive that is. Chair will now entertain 1-minute Ordinarily, especially on a Monday, speeches. BIPARTISANSHIP FOR we would almost assuredly give Mem- f MAINTAINING FISCAL DISCIPLINE bers a 6 o’clock vote time. We do have (Mr. WICKER asked and was given again an opportunity to have an or- NORTH AMERICAN SLAVERY permission to address the House for 1 derly week’s business, but to begin, MEMORIAL COUNCIL ACT minute and to revise and extend his re- being a Tuesday beginning, I just at (Mr. STEARNS asked and was given marks.) this point am not comfortable. Should permission to address the House for 1 Mr. WICKER. Mr. Speaker, a few we see a modification in the schedule, minute and to revise and extend his re- weeks ago there were reports that Jack we would put out over the whip notice, marks.) Lew, the Director of the Office of Man- but I just do not believe we can get Mr. STEARNS. Mr. Speaker, I believe agement and Budget, intended to slam there now. that a quote by Papa Dallas Stewart, a Republicans for making unrealistic b 1430 former slave, captures the essence of cuts in spending programs. But these same reports also stated that Mr. Lew But I just do not believe we can get the bill that I have introduced today would insist that the GOP resist the there now. when he said, ‘‘Promise me that you are going to tell all the children my temptation to raise the budget caps. Mr. FARR of California. So the gen- An administration official said, the tleman does not think the votes could story.’’ As a child, Stewart had his eyes message is to the GOP, it is your budg- be rolled? et, live with it. Our budget? Mr. Speak- Mr. ARMEY. Mr. Speaker, if the gen- burned out when an overseer caught him studying the alphabet. He spent er, the 1997 Balanced Budget Act was tleman would yield, we always look for passed by a bipartisan majority in both these opportunities to the best of our his life encouraging others to never forget about the horrors of slavery. He House and Senate and signed by the ability, but we need to get more quick- Democratic President of the United ly than in many weeks to consider- understood that we must share the painful past in order to protect our fu- States. The problem is that while the ations of legislation under rules, and minority leadership and the White therefore we just simply cannot make ture. Today, I introduce the North Amer- House are talking fiscal restraint, that Tuesday accommodation that is many of their Democratic colleagues so usual and, I think, so necessary and ican Slavery Memorial, which is pat- terned after the Holocaust Museum and are pushing for spending well above the desirable. But we will continue to keep approved levels. The leaders and their the needs of Members in our planning pays tribute to those who suffered and perished under slavery in North Amer- rank and file and the OMB should get priorities. on the same page on this issue. There Mr. FARR of California. Mr. Speaker, ica. This bill will ensure that future generations grasp the injustice that oc- is time to deliberate and craft spending I thank the gentleman. bills to maintain the fiscal discipline f curred in North America’s past so that we may never repeat it. which has produced our budget surplus, ADJOURNMENT TO TUESDAY, For the sake of Papa Stewart and but only if it is done on a bipartisan JUNE 22, 1999 countless others, we must never forget basis. Mr. Speaker, I urge my Democratic the past. I encourage my colleagues to Mr. ARMEY. Mr. Speaker, I ask colleagues to join us in the pursuit of join the gentleman from Georgia (Mr. unanimous consent that when the this goal. LEWIS) and myself in cosponsoring the House adjourns today, it adjourn to f meet at 12:30 p.m. on Tuesday, June 22, North American Slavery Museum bill. 1999 for morning hour debates. f BRING TERRORISTS TO JUSTICE The SPEAKER pro tempore (Mr. (Mr. BROWN of Ohio asked and was WAKE UP, AMERICA KOLBE). Is there objection to the re- given permission to address the House quest of the gentleman from Texas? (Mr. FARR of California asked and for 1 minute.) There was no objection. was given permission to address the Mr. BROWN of Ohio. Mr. Speaker, on f House for 1 minute and to revise and my behalf and on behalf of my col- extend his remarks.) league, the gentleman from Ohio (Mr. DISPENSING WITH CALENDAR Mr. FARR of California. Mr. Speaker, LATOURETTE), I rise to strongly urge WEDNESDAY BUSINESS ON I want to ask America to wake up. the President and the U.S. Government WEDNESDAY NEXT Watch what is going on here on the to act on behalf of justice. A Pales- Mr. ARMEY. Mr. Speaker, I ask floor of Congress. America has seen tinian terrorist in a just-released auto- unanimous consent that the business that we cannot pass effective gun re- biography admitted he planned the at- in order under the Calendar Wednesday form in this Congress because we are tack against Israeli athletes at the 1972 rule be dispensed with on Wednesday wedded to the NRA. Olympics in Munich. next. Well, I want you to do something Mr. Speaker, 11 athletes were mur- The SPEAKER pro tempore. Is there about it. I want you to wake up your dered in that attack. One of the mur- objection to the request of the gen- mayors, city councils, county super- dered was David Berger, a middle- tleman from Texas? visors, wake up your school boards, weight lifter from Shaker Heights, June 18, 1999 CONGRESSIONAL RECORD — HOUSE H4659 Ohio, with dual American-Israeli citi- very sensitive issue of gun control, this well as market reforms and increasing zenship. David’s family has been wait- House has done nothing to extend in- integration with the West. ing 27 years for justice, to find the kill- stant check and background checks to However, Armenia’s strides towards ers and to bring them to justice. people who purchase guns at gun providing a better life for its people at Palestinian terrorist Abu Daoud says shows. After 66 amendments and dozens home and being a partner for peace and he plotted the senseless murders in Mu- of hours and late into the night, we stability with the West continue to be nich. Now is the time for the United have done nothing to add to the serv- challenged by the blockades imposed States and the world community to ices to serve at-risk youth and their by the neighboring countries, Azer- marshal its forces to capture Mr. families and prevent them from getting baijan and Turkey. Provisions of U.S. Daoud and bring him before a court of into violence. Nothing. Zero. support provides at least some relief law. We must do this for the memory of Mr. Speaker, I hope my constituents from the difficulties imposed by the David Berger. We must do this for the and I hope my colleagues’ constituents blockades and represents a moral families of all of the athletes who per- were watching. What we did here does statement by our country that we ished, and we must do this to fight ter- not even meet the common-sense laugh should try to offset the effects of the il- rorism wherever and whenever we find test. It was a disgrace for this House of legal blockades imposed on Armenia by it. Representatives. its neighbors. I would urge the House f f subcommittee to provide the same $90 million earmark that has been in- CELEBRATING JUNETEENTH SPECIAL ORDERS cluded by the Senate. (Mr. LAMPSON asked and was given The SPEAKER pro tempore (Mr. Mr. Speaker, another area where I permission to address the House for 1 SHIMKUS). Under the Speaker’s an- will be working to have the House fol- minute and to revise and extend his re- nounced policy of January 6, 1999, and low the Senate language is with regard marks.) under a previous order of the House, to something that is not there, and Mr. LAMPSON. Mr. Speaker, tomor- the following Members will be recog- that is repealing section 907 of the row thousands and thousands of Afri- nized for 5 minutes each. Freedom Support Act, which restricts can Americans in Galveston, Texas, the f aid to Azerbaijan until that country birthplace of Juneteenth, and around lifts its blockade of Armenia and FOREIGN OPERATIONS APPRO- the Nation will celebrate this holiday Nagorno Karabagh. PRIATIONS BILL AND U.S. of freedom and justice. President Abra- Last month, Secretary of State CAUCASUS POLICY ham Lincoln technically ended the Albright called on the Senate appropri- right to own human beings in 1863, but The SPEAKER pro tempore. Under a ators to repeal section 907. When the most slaves gained their freedom only previous order of the House, the gen- Freedom Support Act was adopted in after Union troops took control of Con- tleman from New Jersey (Mr. PALLONE) 1992, establishing our post-Cold War federate territory and released them is recognized for 5 minutes. U.S. foreign policy for the Newly Inde- from bondage. Mr. PALLONE. Mr. Speaker, yester- pendent States of the former Soviet It took 21⁄2 years after the Emanci- day, in the other body, the Senate, the empire, section 907 was included as a pation Proclamation for the Union Appropriations Committee, marked up way of holding Azerbaijan accountable Army to reach Texas, the last place the foreign operation appropriations for the blockade of its neighbors. Azer- where slavery was not only allowed, legislation for fiscal year 2000. The leg- baijan has continued its strategy of but also enforced. islation reported out yesterday ad- trying to strangle Armenia and After Union General Gordon Granger dresses several key issues concerning Nagorno Karabagh. I am glad the Sen- rode into Galveston and announced to U.S. policies and priorities for the ate appropriators resisted the adminis- the States’ 200,000 slaves that they Caucasus Mountain region of the tration’s proposal to lift section 907. were free, they immediately erupted former Soviet Union, an area of vital As I just indicated, Azerbaijan’s into jubilant celebration, much like and growing importance for the U.S. in blockade is against both the Republic the 4th of July. the 21st century. of Armenia and the Republic of As we look ahead to the next millen- Here in the House, action on the for- Nagorno Karabagh. Nagorno Karabagh nium, I challenge all of us to take this eign operations bill is not expected is an historically Armenian-populated opportunity while we celebrate the rich until later this summer. I wanted to region that Stalin’s mapmakers in- history of this celebration of freedom take a few minutes to cite some of the cluded as part of Azerbaijan. Because to rededicate ourselves to the value of key provisions in the Senate legisla- Nagorno Karabagh’s independence has equal opportunity for all Americans, tion that I hope the House will address, not been officially recognized by the because that is at the heart of as well as to cite some additional areas United States, it was a tremendous Juneteenth and the American ideal. where the Senate did not act, but I breakthrough when Congress approved f hope the House will. $12.5 million in assistance for Nagorno As cochair of the Congressional Cau- Karabagh in the fiscal year 1998 legisla- WASTING TIME IN THE HOUSE OF cus on Armenian Issues, I plan to put tion. Unfortunately, much of that as- REPRESENTATIVES my suggestions into a letter to the sistance has yet to be obligated, and (Mr. DEFAZIO asked and was given House Subcommittee on Foreign Oper- while the Senate is silent on this issue, permission to address the House for 1 ations, and that subcommittee, I I will be working with my Armenia minute.) should point out, has many good issues caucus colleagues to ensure the Mr. DEFAZIO. Mr. Speaker, after the friends of Armenia, and I look forward House bill also provides report lan- high school shooting in my district last to working with them. guage directing the Agency for Inter- year, in my hometown of Springfield, First, the good news, Mr. Speaker. national Development to expedite de- Oregon, I talked to hundreds of resi- The Senate Foreign Operations bill livery of this assistance. dents. We had an incredible community earmarks $90 million in assistance to Another area where the Senate bill is dialogue about the causes and the pos- the Republic of Armenia. This rep- silent is on the issue of the peace proc- sible solutions for youth violence. Ev- resents an increase over the slightly ess for Nagorna Karabagh. The U.S. has eryone agreed it was complex. They less than $80 million that was reported been one of the countries taking the had a long list of things they would in fiscal year 1999, and is certainly an lead in the peace process under the aus- like to see done. They would like to see improvement over the $71.5 million re- pices of the Organization for Security something done about violence in the quested by the administration in its and Cooperation in Europe. And late media. budget. I believe it is important for the last year, the U.S. and our negotiating After 66 amendments and dozens of United States to maintain our support partners put forward a proposal known hours of staying in session until 2 and partnership with Armenia, which as the Common State Proposal as a o’clock in the morning, this House has continues to make major strides to- basis for moving the negotiations for- done nothing about violence in the wards democracy, as evidenced by last ward. Despite some serious reserva- media. After a day and a half on the month’s parliamentary elections, as tions, the elected governments of both H4660 CONGRESSIONAL RECORD — HOUSE June 18, 1999 Nagorno Karabagh and Armenia have Still, for his family there has been no However, any American citizen can log accepted this Common State Proposal justice and no closure. on to the Internet, call up Amazon.com to get the negotiations moving for- David Berger, a dual American- and read a breezy synopsis which says, ward, but Azerbaijan has flatly re- Israeli citizen, was one of 11 Israeli ‘‘Twenty-five years ago after he mas- jected our peace proposal. athletes killed by Palestinian terror- terminded the tragedy of the 1972 Mu- I will work, Mr. Speaker, to include ists in 1972 at the Olympic Games in nich Olympic games, one of the leg- language in the House foreign oper- Munich. David Berger, a championship endary figures of Palestinian terrorism ations appropriations bill to urge the weightlifter, had emigrated to Israel so comes out of hiding to tell his story.’’ administration to stay the course in he could compete in the Olympics as a Daoud has chosen this time in his- the Nagorna Karabagh peace process member of the Israeli team. tory to reveal to the world his role in and not let the rejectionist policies of Many of us remember the 1972 Olym- this senseless execution of 11 Olympic the Azerbaijan cause us to back down pic games perhaps from Mark Spitz and athletes. While it sickens me to the in the search for a just and lasting so- the 7 gold medals that he won in swim- core, Mr. Speaker, to think that any- lution to this conflict, providing for ming. Others recall with delight the one could profit from this type of ter- the full self-determination of Nagorno pint-sized Olga Korbut, who captured rorism, it would sicken me even more Karabagh. our hearts and also captured gold, but if our country were to fail to intervene I do appreciate the fact that the Sen- for the Berger family the 1972 Olympic and assist the Berger family of Shaker ate did not buy into the administra- games are scarred with painful images Heights, Ohio. tion’s inexplicable proposal to increase that are permanently etched in their Mr. Speaker, Dr. Benjamin Berger is aid to Azerbaijan and decrease aid to minds and hearts, a machine gun now 81 years old. He still practices Armenia. As I indicated, the Senate toting terrorist with a black ski mask medicine and is on the board of trust- language provides for an increase in as- in the window of the dormitory where ees at Fairmount Temple, where his sistance to Armenia. It does not pro- their son and his teammates were stay- eldest son was eulogized more than a vide any specific mention of aid to ing, the white pine coffin that held his quarter of century ago. He and his wife Azerbaijan. remains when he was returned to the Dorothy have two grown children. The United States for his funeral. Bergers were left with many wonderful With the break-up of the Soviet Union, as Mr. Speaker, David Berger was the reminders of their son’s life: A memo- the countries of the collapsing empire attained only American to die in this horrific rial at the Jewish Community Center, their independence, Azerbaijan attempted to act of terrorism that changed our a gym at his high school, and a 19-year- militarily crush Nagorno Karabagh and drive world, that caused the Olympics to lose old grandson named after the wonder- out the Armenian population. But the its innocence and forced the world to ful son they lost. Karabagh Armenians ultimately won their war take the reality of terrorism far more As we can imagine, it is painful for of independence, and a cease-fire was signed seriously. If it could happen at the David Berger’s mother Dorothy to re- in 1994. Olympics, it could happen anywhere. live the horror that befell her family American humanitarian assistance to Azer- Mr. Speaker, I share the story of nearly 27 years ago. Mr. Speaker, Doro- baijan, via Non-Governmental Organizations David Berger now because at this very thy Berger cannot fathom why Abu (NGOs) has not been affected by Section 907. moment in history the United States Daoud has chosen to admit his crimi- In recent years, further exemptions to Section has an unprecedented opportunity to nal acts in a book. Maybe he is proud 907 have been carved out. It is important that, deliver justice to the Berger family. of it. He has gotten away with it all at a time when Azerbaijan continues to reject The Palestinian guerilla long sus- these years. good-faith efforts to achieve a negotiated set- pected as the mastermind of the ter- Mr. Speaker, an American citizen tlement to the Nagorno Karabagh conflict, rorist acts at the Munich games not was killed nearly 27 years ago in one of while illegally blockading supplies of fuel, food only has admitted his part in this plot, the most heinous, well-known terrorist and other essential supplies to its neighbors, but has written a book and plans to acts of this century. We must not allow that we not reward this country with additional profit from it. Abu Daoud has written Abu Daoud to get away with it one day U.S. assistance. his autobiography, and it was recently longer. b 1430 published in France, called ‘‘Palestine: Mr. Speaker, may justice prevail. From Jerusalem to Munich.’’ In his May God bless the Berger family and Mr. Speaker, I look forward to work- book he admits to being the master- the United States of America. ing with my friends on the Sub- mind of the hostage taking at the Mu- f committee on Foreign Operations, Ex- nich games. port Financing and Related Programs Based on those admissions the Ger- COMMONSENSE MEASURES TO to craft legislation that supports Ar- man government last week issued an CURB GUN VIOLENCE menia. Interpol arrest warrant for Abu Daoud The SPEAKER pro tempore. Under a f and plans to try him as an accessory previous order of the House, the gen- JUSTICE FOR THE BERGER for murder for planning the attack. tleman from Maryland (Mr. EHRLICH) is FAMILY Now this terrorist is in Jordan. The recognized for 5 minutes. Israeli government last week denied Mr. EHRLICH. Mr. Speaker, just a The SPEAKER pro tempore (Mr. him access to Israel, making it impos- few thoughts on the events taking THORNBERRY). Under a previous order sible for him to return to his home on place on the floor in the last few days. of the House, the gentleman from Ohio the West Bank. Mr. Speaker, I and most of us support (Mr. LATOURETTE) is recognized for 5 Mr. Speaker, regrettably it appears the rights of law-abiding citizens to minutes. that Abu Daoud cannot be held ac- possess guns for a variety of reasons, Mr. LATOURETTE. Mr. Speaker, as countable for his crimes in the United not the least of which is self-defense. Americans, we have a right to expect States or in Israel. Therefore, it is im- This view derives from my observation that justice will be served whenever an perative that the Jordanian govern- that many gun control initiatives have American citizen is murdered, either ment honor the Interpol arrest warrant proven a failure in reducing crime. on our soil or on foreign land. and return him to Germany. I have For example, in the case of the Colo- David Berger, the son of Dr. and Mrs. called today, Mr. Speaker, upon Presi- rado shootings, the two criminals re- Benjamin Berger of Shaker Heights, dent Clinton to immediately demand sponsible for the carnage broke 19 Ohio, was murdered nearly 20 years the Jordanian King Abdullah that he State and Federal laws in the prepara- ago, but unlike too many others whose turn over Abu Daoud to Germany for tion and commission of those crimes. lives are senselessly lost, his death was prosecution. It would be reprehensible Some of my constituents have writ- not relegated to the police blotter sec- if the United States would now turn its ten to me about gun control proposals tion of the local paper. back and refuse to do all within its which seek to limit gun owners to pur- Instead, the killing of David Berger power to see that an assassin of an chasing one gun a month and a min- was broadcast around the world and American citizen is brought to justice. imum 3-day waiting period. Previously, splashed across the front page of vir- Mr. Speaker, Abu Daoud’s book is waiting periods were necessary in order tually every newspaper in the world. not yet available in the United States. to allow for background checks to be June 18, 1999 CONGRESSIONAL RECORD — HOUSE H4661 completed. The passage of the Brady scapegoats by special interests and no victory at all. Columnist Robert bill in 1994 brought new computerized some segments of the popular press, Novak said the same thing. He wrote, national and local criminal arrest and Members are going to see a heck of But the truly pyrrhic nature of NATO’s records. The criminal background of a a lot of that over the coming days. victory lies in longer-term implications. Se- potential gun purchaser can now be If gun control was the sole answer to rious students of foreign policy, far from verified in a matter of minutes through the problem of violence in our country, eager to join in a champagne bash, were mel- the National Instant Check System, my home State of Maryland, which has ancholy. U.S. relations with China have been the NICS. I believe the background in- some of the strongest gun control laws undermined. The most dangerous elements in the Russian military have been vestigation as initiated through the in the country, would not have experi- emboldened. Most worrisome, the world now NICS is a reasonable check on gun enced an increased murder rate in 1998 sees America with different eyes. ownership rights. while the national murder rate contin- Former Secretary of State Lawrence I support some new proposals ued to fall. Eagleburger said, ‘‘We looked like the brought to this floor over the past two The thoughts expressed herein do not big bully to a lot of people around the days, as well. For instance, I do not be- make for an easy sound bite. Neither world.’’ lieve juveniles convicted of serious vio- do they fall neatly under one political Senator KAY BAILEY HUTCHINSON said lent crimes should be allowed to ac- or philosophical label. They state, how- that we are in danger of losing prestige quire guns even after they turn 21 ever, the views of one Member from and good will around the world. Under years of age. I support the imposition Maryland who seeks to find positive so- this administration, we have bombed of harsh penalties for adults who pro- lutions to one of our society’s major people in Afghanistan, the Sudan, Iraq, vide guns to juveniles with the knowl- ills, our fascination with violence. and Yugoslavia, all apparently in an edge those guns will be used in a crime f of violence. attempt to show that the President The SPEAKER pro tempore. Under a I support programs which trace the and the Secretary of State are great previous order of the House, the gen- source of firearms used in the commis- world leaders, and to make their mark sion of a crime. Convicted felons found tleman from Michigan (Mr. SMITH) is in history. in the possession of any gun should be recognized for 5 minutes. Paul Harvey called this war Monica’s punished severely, with mandatory (Mr. SMITH of Michigan addressed war, and many people believe all these minimum sentences that cannot be the House. His remarks will appear bombings in Afghanistan, the Sudan, plea-bargained away. hereafter in the Extensions of Re- Iraq, and Yugoslavia, timed as they Further, I welcome positive changes marks.) were, were at least in part done to try to current law that allow current and f to make people forget things like the former police officers to carry weapons sordid Lewinsky affair and the Presi- THE DISASTROUS WAR IN dent’s sale of missile technology to the to protect themselves and our commu- YUGOSLAVIA nities, prohibit guns pawned for more Chinese. than a year from being returned until The SPEAKER pro tempore. Under a Columnist Tony Snow said that this the owner passes an instant check, and previous order of the House, the gen- was the first war we have ever entered allow D.C. residents the right to pro- tleman from Tennessee (Mr. DUNCAN) is into in which we were the unambiguous tect and defend themselves and their recognized for 5 minutes. aggressor and in which there was no families in their own homes. Mr. DUNCAN. Mr. Speaker, fairly vital U.S. interests at stake. In the National crime statistics reflect an early on during the war in Yugoslavia process, the President turned NATO 18 percent decrease in violent crime I spoke on this floor and said it was ob- from a purely defensive force into an and a 28 percent decrease in the murder vious that Milosevic would cave and offensive one for the very first time, il- rate from 1993 through 1997. The down- that President Clinton and his spin legally many think, because it was ward trend continued through June of doctors would then try to declare a against the NATO charter. He turned 1998. I attribute a significant percent- great victory. It was obvious that a our Defense Department into a war de- age of this improvement to the in- country no bigger than Kentucky, with partment, as it was once called. He vio- creased use of mandatory sentencing less than 4 percent of our population lated both our constitutional law and for violent offenders. Accordingly, I and an already weakened economy, and our statutory law, the War Powers Act. will continue to insist on harsh pen- without any real ability even to fight But then, some people do not care as alties for violent criminals, particu- back, could not hold out for long long as the stock market remains high. larly those who misuse weapons during against the massive bombings and Former Democratic Senator Sam the commission of a crime. megabillions of the U.S. Defense De- Nunn said, however, ‘‘I think we have Further, I call upon prosecutors ev- partment. to be more mature in handling these erywhere to refrain from pleading away The only reason this stupid, one- civil wars around the globe. We have gun-related charges and criminal in- sided cruel joke of a war lasted as long got to develop other tools beyond mili- dictments. Sensible gun laws do work, as it did was because it became, as one tary force to deal with what are but not when rendered meaningless by columnist said, and allied farce instead nonvital interests, and I consider this,’’ overburdened prosecutors more inter- of an allied force, as the military Senator Nunn said, ‘‘to be a nonvital ested in moving their docket than in called it. interest.’’ enforcing gun statutes. Jeffrey Gedmin, writing in the just These bombings have turned people Mr. Speaker, in my view the primary published June 28 issue of the liberal who want to be our friends into en- causes of gun violence in our society New Republic Magazine, said this: emies. These actions have increased are rather obvious. The breakdown of If the deal between Yugoslavia and NATO anti-Americanism all over the world. families and family values, failure to over Kosovo sticks, expect the Clinton ad- We will have problems years from now hold individuals accountable for their ministration to claim vindication and to because of all of this when the prob- actions, the romanticizing and glori- speak of a victory for American leadership lems will be blamed on whomever is fying of drug abuse, and violent behav- via NATO. But Europe’s own early post- president at the time. ior and guns on television, at the mov- mortem suggests that our allies might be In addition, this has cost us many, ies, and in video arcade are all relevant drawing rather different conclusions. Privately, politically influential Euro- many billions, which could have been in assigning blame for recent events peans generally consider the U.S.-led oper- spent on so many better things. Our pertaining to youth violence. ation in Kosovo to have been a fiasco. Cal- military would have plenty of money Youth access to guns plays a part in culations of an early victory proved disas- and no shortages if this administration the total picture, as well. Accordingly, trously wrong. The Kosovars, whom we had not so totally misused our military I will continue to support measures re- started the fighting to protect, have been in so many ridiculously costly ways. stricting youth access to guns, crimi- decimated. There were 90,000 refugees before Columnist Carol THOMAS wrote, the bombing began. Estimates of the home- nal access to guns, and the mentally Only a president who knows more about less now exceed 1 million. impaired and their access to guns. making love than war would declare the I will not punish responsible. Law- Mr. Gedmin ended his article by call- puny and ineffective one-sided assault on the abiding gun owners who are often made ing it a pyrrhic victory, meaning really former Yugoslavia to be a victory. H4662 CONGRESSIONAL RECORD — HOUSE June 18, 1999

ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Kosovo Liberation Army will agree to be- [From the New York Times] The SPEAKER pro tempore. The come a police force in a province of Yugo- WHAT DID NATO WIN IN BALKANS WAR? Chair will remind Members to refrain slavia. The Serb and NATO destruction of (By A.M. Rosenthal) Kosovo left most of 1.5 million Kosovar Alba- from personal references towards the But—why aren’t we celebrating? nian refugees nothing to return to. Those After all, we won, didn’t we? The Kosovars President. most eager to return despite a terrible win- will get to home, won’t they? b 1500 ter coming on are radicalized youngsters Well, yes, we did encourage Slobodan who now far more than before want to join Mr. DUNCAN. By any objective Milosevic to drive them from those homes by the KLA to slaughter Serbs and seize the giving him advance notice of when we would standard, the goals of Serbian leader independence NATO now refuses to offer Slobodan Milosevic, not of NATO and attack and assuring him not to worry about them. our sending in ground troops. If war had been the only option, it should the United States, have been achieved. All right, all right, those were mistakes; not have been led by yuppie politicians who We have not defeated evil or hatred in shut up about them. At least now the million understood nothing about history, politics the Balkans. It will come back, as it al- or so Kosovars we were supposed to be help- and warfare. There is a long list of lessons on ing can pick up lives in their broken homes ways has. the fatally flawed military conduct of the William Ratliff and David in smashed villages. Can’t they? war, beginning with gradual escalation. Somebody will put up the money to fix up Openheimer, writing in the Washington NATO’s will or even capability to rebuild the homes. Isn’t that so, perhaps? Kosovo and restore Kosovars to their de- Times, said, Then there will be real peace, won’t there? stroyed homes will flag as Americans and NATO’s bombing precipitated floods of ref- Naturally, to keep the Kosovars and Serbs Europeans are overwhelmed by problems of ugees and other disasters that have desta- from killing each other, we will have to enforcement and as the billions of dollars bilized the region in political, economic and maintain enough troops there for—oh, for add up at the expense of Social Security and other terms far beyond what Mr. Milosevic about a generation. could have ever done on his own. other domestic projects. But we are already doing that in Bosnia, so For months NATO regularly (if apologet- what is the big deal about sending off 7,000 or They added, ically) inflicted casualties on all sorts of in- so more Americans—to start with—to Yugo- Since for most people NATO is America, nocents, from Serbs and Kosovar Albanians slavia? Let’s not be pretty about that; we are this war has reignited anti-Americanism and to Chinese, in part because it attacked from 15,000 feet in the air. While no military seeks into the Balkan wars far too deep to quibble. suspicion of U.S. intentions from Argentina Maybe it won’t be dangerous duty. The casualties, to refuse to risk even one person to China. Most people do not believe this war Kosovar army of Yugoslav citizens who in order to drop flood to hundreds of thou- was to defend human rights, particularly count themselves Albanians won’t take ad- sands of refugees in the mountains is to un- since we harmed so many innocent people in vantage of the departure of Serbian forces to dermine one’s seriousness and moral credi- and far beyond the central Balkans. Now take revenge on civilian Serbs. Will it? people are already telling us we will have to bility. Then there is the question, why Yugoslavia And the Serbs in Serbia—they won’t har- spend $30 billion to $50 billion over the next bor a grudge against us, will they, for bomb- few years to rebuild what we have destroyed. and not somewhere else where the crimes are equal or greater, as in Rwanda? Or the less ing their power plants, their factories, This stupid, one-sided, cruel joke of a war homes, hospitals, bridges and of course rel- was a foreign policy disaster that American remembered example of Cyprus, which next month ‘‘celebrates the 25th anniversary of atives with a destructiveness only the Ger- taxpayers will be paying for in both military mans had achieved against the Serbs in and economic terms for many years to come. the Turkish invasion. Almost 200,000 Greek Cypriots were ‘‘cleansed’’ out of their homes World War II? It certainly cannot be called a victory in any Maybe they will forgive what the Germans shape, form or fashion. in Northern Cyprus in 1974 by the Turkish army, but ‘‘principled’’ Washington for stra- did to them. About that time, they and their [From the Washington Times, June 14, 1999] tegic reasons still in effect winks at Turkish children will forgive us too, isn’t that pos- PERILOUS PRECEDENT IN KOSOVO occupation of more than a third of the is- sible? And the upside! Look at what we win. We (By William Ratliff and David Oppenheimer) land. saved NATO’s face and President Clinton’s The resolution that passed United Nations Serbia has been devastated and will cost tens of billions to rebuild, and Mr. Milosevic and Madeleine Albright’s. Her mouth Security Council Thursday is a welcome if foretold a quickie war. Maybe actually not short-term escape from a catastrophe NATO is still there. NATO’s bombing precipitated floods of ref- saved their faces—but at least wiped them created in unintended cooperation with ugees and other disasters that have desta- off a bit. Yugoslav President Slobodan Milosevic. bilized the region in political, economic and So we will be able to walk tall in the world Some of the settlement can never be imple- other terms far beyond what Mr. Milosevic for bombing Serbia into slivers. I mean, mented and much of the collateral damage could ever have done on his own. when the fear of America dies down in some the war has caused will be difficult or impos- The war has buttressed reactionaries from countries that one day we will fly over their sible to reverse. Russia and China to the United States. lands to bomb them into submission for not Mr. Milosevic undoubtedly is a war crimi- Since for most people NATO is America, carrying out our orders. nal whose crimes have been widely reported. this war has re-ignited anti-Americanism You know, countries like India that are But NATO is seriously guilty as well. Indeed, and suspicion of U.S. intentions from Argen- not about to surrender Kashmir without all- NATO’s conduct precipitated or committed tina to China. Most people do not believe out war or Israel, whose mind it has crossed far greater moral—not to mention political, this war was to defend human rights, par- that, if NATO could bomb a neighbor that economic, international relations—damage ticularly since we harmed so many innocent had not attacked its members first, why than it prevented. people in and far beyond the Central Bal- shouldn’t the Arab League exercise the same But already there are smug intimations of kans. privilege against Israel and eventually ask victory from the White House and nonsense NATO’s war will encourage arms (includ- the United Nations for approval? like The Washington Post’s editorial saying ing nuclear) proliferation around the world Remember—we have indicted Milosevic for the Kosovo war proves the West ‘‘would not among nations who fear NATO may invade war crimes. Yes, the fact that we never in- stand for crimes against humanity.’’ The hy- them next. The Kosovo war may even en- dicted Franjo Tudjman of Croatia, our own pocrisy of fighting a ‘‘moral’’ war that courage development of defensive alliances private dictators for driving 300,000 Serbs out causes so many civilian casualties and global to guard against NATO attacks on those it is embarrassing. But at least the Serbian problems has not yet sunk in for Americans. considers ‘‘moral deviants.’’ killer will have to spend his vacations at Now NATO is dictating a political correct americans must see that long before its home or maybe someplace in Russia. ‘‘settlement’’—what Mr. Clinton calls end this war was no longer simply a cam- Maybe all that is why we are not cele- ‘‘multi-ethnic democracy’’ and Kosovo au- paign to eliminate the ‘‘evil’’ Mr. Milosevic. brating the great victory. People like my- tonomy within Yugoslavia—that is even It became a tragic fiasco with all kinds of self, who have spent years struggling to get more utopian than three months ago and casualties from Pristina to Beijing. our country to use its political and economic guarantees more bitter warfare in the future. If Kosovo is seen as a ‘‘victory,’’ it will be- power for human rights, saw its leaders bum- War critics are not ‘‘isolationists’’ or crit- come a model for what British Prime Min- ble into another Balkan war using bombs in- ical of the American military; they simply ister Tony Blair calls ‘‘moral crusades’’ to stead of the brains God should have given say NATO could not achieve its objective of ‘‘right wrongs’’ around the world. The non- them. stopping Mr. Milosevic at an acceptable cost Western world—and many in the West as The Bosian frightfulness has wound up in to ourselves and others. The proof: well—regard this as a dangerous and un- the partition that without foreign inter- NATO’s stated objective was to protect the workable arrogance that like the Crusades ference Muslims, Croates and Serbs could Kosovar Albanians, but it betrayed them. It centuries ago may have been at least partly have had a decade ago, without war. gave Mr. Milosevic a cover to exponentially moral in inspiration but in practice became We have seen our country launch a war, accelerate his repression and then in the fanatical, intolerant and massively destruc- first by futile ultimatum, then by a slovenly June ‘‘settlement’’ fuzzed over the independ- tive. If the moral crusades spread, the 21st planned war that from the beginning brought ence option that was given in the Ram- century may have an even uglier human face more suffering to Kosovars and Serbian civil- bouillet ultimatum. It is silly to suppose the than the 20th. ian than to Milosevic and his troops. Far too June 18, 1999 CONGRESSIONAL RECORD — HOUSE H4663 many Americans wrote and talked of Serbs, a sense of the House of Representatives ties are coming to realize that the Fed- our allies in battles we should remember, as in regard to community renewal eral Government, for that matter the if they were bugs. through community and faith-based or- State and local governments alone, To those Kosovars who will return or seek ganizations. Out of respect to the mi- cannot accomplish and solve all the safe lives elsewhere, for Serbs who will one nority who did not have adequate time day eliminate Milosevic, go our embraces. problems related to poverty. Not that To Clinton and his fellow leaders—our to look at this and has some objec- anybody can, but they need the help; in contempts for their human and security val- tions, this will probably be addressed particular are seeking the help. Many ues. on Tuesday, but I wanted to speak a of us in government now realize we While Clinton and his NATO comrades little bit about this resolution and the have to work, we must work, with the were busy bombing Serbia and Kosovo, they renewal alliance efforts of this past churches and volunteers in our local were permitting the destruction of the U.N. week. community. We must give tax incen- arms inspection of Iraq—the one barrier The gentleman from Pennsylvania tives. against Saddam Hussein’s path to nuclear, (Mr. PITTS), the gentleman from Ohio I have one tax bill, the charitable tax biological and chemical weapons. (Mr. KASICH), the gentleman from Mis- That is a disaster for all nations, for all bill, that would increase the value of souri (Mr. TALENT), the gentleman human rights struggles. If America remem- the charitable deduction to 120 percent; bers the Clinton-Albright bungling in Iraq, from Oklahoma (Mr. WATTS), the gen- that would let nonitemizers take the China and Yugoslavia and demands that any tleman from Pennsylvania (Mr. charitable deduction; that would lift presidential or senatorial candidate separate ENGLISH), the gentleman from Ten- the caps on higher income and delay from them, there may be reason for some nessee (Mr. WAMP) and many others, as the effective date to April 15. satisfaction—for for champagne and parades, well as former Democratic colleagues We need to be looking at creative tax none. Fred Flake of New York and Denny solutions, at creative solutions as we f Davis of Chicago, have worked together now have, in welfare reform where we in trying to put together both legisla- CHARITABLE CHOICE have done charitable choice, in social tive packages, as well as in our renewal services block grant where we did char- The SPEAKER pro tempore. Under a alliance efforts this past week, to have itable choice last year, and now in ju- previous order of the House, the gen- a number of meetings, to highlight venile justice where we have put chari- tleman from Indiana (Mr. SOUDER) is local groups, to visit local charities table choice in. recognized for 5 minutes. and we were hoping that this resolu- So whatever else we may or may not Mr. SOUDER. Mr. Speaker, this real- tion would have been a capping to that have accomplished, we did move some ly has been an exhausting week, and it week. prevention programs. We have once will be interesting to see how people The resolution, which we hope to again advanced the charitable choice address this. Earlier one of our Mem- have come up on Tuesday, states that and next hopefully we will have an- bers who said that we did not actually while steady economic growth and low other resolution that will put the do anything this week, we did in fact inflation has yielded unprecedented House on record in this exciting and prosperity, many American citizens pass a juvenile justice prevention bill, really substantive, if not the most sexy have not in fact benefited from this and I thought that that was our goal concept, that we are proceeding with. prosperity and continue to be here which was to reduce juvenile f crime and to reach those who have got- socioeconomically disadvantaged. ten in trouble and try to help them Many of these live in inner cities and LEAVE OF ABSENCE straighten out their lives. rural communities where they con- By unanimous consent, leave of ab- If one is obsessed only with guns, and tinue to be plagued by social break- sence was granted to: particularly if one is obsessed only down, economic disadvantage and edu- Mr. PASCRELL (at the request of with their solution to the gun problem, cational failure that fosters hopeless- Mr. GEPHARDT) for Friday, June 18, perhaps we had a difficult week be- ness and despair. after 12:15 p.m., on account of family cause their bill did not pass, but let us Many of the groups that are by far emergency. not confuse that with the fact that we the most effective are community and Mr. LEWIS of California (at the re- did accomplish some advancement in faith-based organizations. Many of us quest of Mr. ARMEY) for today on ac- an effort to try to reach youth. believe through the American Commu- count of attending a funeral. nity Renewal Act and other pieces of Furthermore, some of us were dis- f legislation that we need to figure out appointed that we did not do more to how to get more dollars to the groups SPECIAL ORDERS GRANTED address the question of violence in the that are the most effective. We need to media, and hopefully over the next few By unanimous consent, permission to know how to capitalize on their vision months we will be able to address that. address the House, following the legis- of compassion, of volunteerism, of car- One amendment that I had that lative program and any special orders ing for the poor and the vulnerable; passed, the charitable choice amend- heretofore entered, was granted to: that when we see our national leaders, ment, gets lost. Charitable choice and (The following Member (at the re- our current Republican leader can- many other things like this are not as quest of Mr. PALLONE) to revise and ex- didate for president, Governor Bush glamorous or as media driven, and the tend his remarks and include extra- has been a leader in the area of prisons neous material:) general public does not focus on them where he has worked with Prison Fel- like the Ten Commandments or like Mr. PALLONE, for 5 minutes, today. lowship. He has worked with a number (The following Members (at the re- the one video game called Postal, of other local groups in Texas and has quest of Mr. SOUDER) to revise and ex- where actually someone goes crazy and actually put this into practice. tend their remarks and include extra- it shows how many of the people are re- A little bit newer to this is Vice neous material:) maining to be killed and a person gets President GORE but he has been out- Mr. SMITH of Michigan, for 5 minutes, more points if they hit them in the spoken in the past few weeks on the today. chest or at a main artery as opposed to importance of including charitable, Mr. DUNCAN, for 5 minutes, today. other places in their body. This type of particularly religious and community- Mr. EHRLICH, for 5 minutes, today. disgusting type of thing will get a lot based organizations, in this effort. Mr. SOUDER, for 5 minutes, today. of media attention, but when we do In fact, on his election campaign (The following Member (at his own charitable choice where we are allow- home page he specifically says that he request) to revise and extend his re- ing juvenile prevention funds to be believes charitable choice should be marks and insert extraneous material:) used by religious-based organizations, promoted, and that was reflected in a Mr. EHRLICH, for 5 minutes, today. where people are actually trying to vote this week on my amendment, f help the kids who are being impacted where we not only had 346 votes but we by this, it does not get as much media had, I believe it was 130 Democrats for SENATE CONCURRENT coverage. it and only 79 Democrats against it. RESOLUTION REFERRED We had hoped this afternoon to be We are in an unusual period right A Concurrent resolution of the Sen- able to move under unanimous consent now in America, and that is both par- ate of the following title was taken H4664 CONGRESSIONAL RECORD — HOUSE June 18, 1999 from the Speaker’s table and, under to the Committee on Education and the PUBLIC BILLS AND RESOLUTIONS the rule, referred as follows: Workforce. Under clause 2 of rule XII, public 2672. A letter from the Special Assistant to S. Con. Res. 40. Concurrent resolution com- the Chief, Mass Media Bureau, Federal Com- bills and resolutions were introduced mending the President and the Armed Forces munications Commission, transmitting the and severally referred, as follows: for the success of Operation Allied Force; to Commission’s final rule—Amendment of Sec- By Mr. FARR of California (for him- the Committee on International Relations in tion 73.202(b), Table of Allotments, FM self, Mr. GALLEGLY, Mr. WAXMAN, Mr. addition to the Armed Services Committee Broadcast Stations. (Leesville, Louisiana) CAMPBELL, Mr. STARK, Mrs. CAPPS, for a period to be subsequently determined [MM Docket No. 98–191] (RM–9351) received Mr. BILBRAY, and Ms. ESHOO): by the Speaker, in each case for consider- June 9, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); H.R. 2277. A bill to designate all unreserved ation of such provisions as fall within the ju- to the Committee on Commerce. and unappropriated California coastal rocks risdiction of the committee concerned. 2673. A letter from the Deputy Associate and islands currently administered by the f Administrator, Office of Acquisition Policy, Bureau of Land Management as a component Office of Governmentwide Policy, General of the National Wilderness Preservation Sys- ADJOURNMENT Services Administration, transmitting the tem; to the Committee on Resources. Mr. SOUDER. Mr. Speaker, I move Administration’s final rule—Federal Acqui- By Mr. FARR of California: that the House do now adjourn. sition Circular 97–12; Introduction—received H.R. 2278. A bill to require the National June 14, 1999, pursuant to 5 U.S.C. Park Service to conduct a feasibility study The motion was agreed to; accord- regarding options for the protection and ex- ingly (at 3 o’clock and 7 minutes p.m.) 801(a)(1)(A); to the Committee on Govern- ment Reform. panded visitor enjoyment of nationally sig- under its previous order, the House ad- 2674. A letter from the Chairman, Federal nificant natural and cultural resources at journed until Tuesday, June 22, 1999, at Election Commission, transmitting the Com- Fort Hunter Liggett, California; to the Com- 12:30 p.m., for morning hour debates. mission’s final rule—Matching Credit Card mittee on Resources. H.R. 2279. A bill to expand the boundaries f and Debit Card Contributions in Presidential Campaigns [Notice 1999–9] received June 14, of Pinnacles National Monument, and for EXECUTIVE COMMUNICATIONS, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the other purposes; to the Committee on Re- ETC. Committee on House Administration. sources. 2675. A letter from the Assistant Secretary By Mr. STUMP (for himself, Mr. Under clause 8 of rule XII, executive for Fish and Wildlife and Parks, Department EVANS, Mr. QUINN, and Mr. FILNER): communications were taken from the of the Interior, transmitting the Depart- H.R. 2280. A bill to amend title 38, United Speaker’s table and referred as follows: ment’s final rule—Migratory Bird Special States Code, to provide a cost-of-living ad- justment in rates of compensation paid for 2665. A letter from the Congressional Re- Canada Goose Permit (RIN: 1018–AE46) re- service-connected disabilities, to enhance view Coordinator, Animal and Plant Health ceived June 9, 1999, pursuant to 5 U.S.C. the compensation, memorial affairs, and Inspection Service, Department of Agri- 801(a)(1)(A); to the Committee on Resources. housing programs of the Department of Vet- culture, transmitting the Department’s final 2676. A letter from the Deputy Assistant erans Affairs, to improve retirement authori- rule—Horses From Australia and New Zea- Administrator for Fisheries, National Ma- ties applicable to judges of the United States land; Quarantine Requirements [Docket No. rine Fisheries Service, National Oceanic and Court of Appeals for Veterans Claims, and 98–069–2] received June 15, 1999, pursuant to 5 Atmospheric Administration, transmitting for other purposes; to the Committee on Vet- U.S.C. 801(a)(1)(A); to the Committee on Ag- the Administration’s final rule—Taking and erans’ Affairs. riculture. Importing Marine Mammals; Taking of Ma- rine Mammals Incidental to Power Plant Op- By Mr. ACKERMAN: 2666. A letter from the Director, Office of H.R. 2281. A bill to amend title 18, United erations [Docket No. 970703165–9117–03; I.D. Regulatory Management and Information, States Code, to permanently prohibit the 062397A] (RIN: 0648–AK00] received June 15, Environmental Protection Agency, transmit- possession of firearms by persons who have 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the ting the Agency’s final rule—Propamocarb been convicted of a felony, and for other pur- Committee on Resources. Hydrochloride; Extension of Tolerance for poses; to the Committee on the Judiciary. Emergency Exemptions [OPP–300826; FRL– 2677. A letter from the Secretary of Health By Mr. BLILEY (for himself, Mr. OBER- 6070–1] (RIN: 2070–AB78) received April 6, 1999, and Human Services, transmitting a draft of STAR, Mr. CAMP, Mr. SCOTT, Mr. BUR- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- proposed legislation to amend title XVIII of TON of Indiana, Mr. POMEROY, and Mr. mittee on Agriculture. the Social Security Act to increase flexi- DEMINT): bility in Medicare claims processing; jointly 2667. A letter from the Assistant General H.R. 2282. A bill to amend the Internal Rev- to the Committees on Ways and Means and Counsel for Regulations, Department of enue Code of 1986 to allow penalty-free with- Commerce. Housing and Urban Development, transmit- drawals from individual retirement plans for ting the Department’s final rule—Public adoption expenses and to expand and extend Housing Development Rule: Information Col- f permanently the exclusion allowed for em- lection Approval Numbers [Docket No. FR– ployer adoption assistance programs; to the 4443–F–05] received April 8, 1999, pursuant to REPORTS OF COMMITTEES ON Committee on Ways and Means. 5 U.S.C. 801(a)(1)(A); to the Committee on By Mr. KENNEDY of Rhode Island: Banking and Financial Services. PUBLIC BILLS AND RESOLUTIONS H.R. 2283. A bill to amend title 10, United 2668. A letter from the General Counsel, Under clause 2 of rule XIII, reports of States Code, to improve the authorities re- Federal Emergency Management Agency, committees were delivered to the Clerk lating to the provision of honor guard details transmitting the Agency’s final rule—Final at funerals of veterans; to the Committee on Flood Elevation Determinations—received for printing and reference to the proper calendar, as follows: Armed Services. June 9, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); By Mr. LEWIS of Kentucky (for him- to the Committee on Banking and Financial Mr. HYDE: Committee on the Judiciary. self and Mrs. NORTHUP): Services. H.R. 1659. A bill to reinforce police training H.R. 2284. A bill to provide that certain 2669. A letter from the General Counsel, and reestablish police and community rela- costs of private foundations in removing haz- Federal Emergency Management Agency, tions, and to create a commission to study ardous substances shall be treated as quali- transmitting the Agency’s final rule— and report on the policies and practices that fying distributions; to the Committee on Changes in Flood Elevation Determina- govern the training, recruitment, and over- Ways and Means. tions—received June 9, 1999, pursuant to 5 sight of police officers, and for other pur- By Mr. RODRIGUEZ (for himself, Mr. U.S.C. 801(a)(1)(A); to the Committee on poses; with an amendment (Rept. 106–190). SMITH of Texas, Mr. BONILLA, and Mr. Banking and Financial Services. Referred to the Committee of the Whole GONZALEZ): 2670. A letter from the General Counsel, House on the State of the Union. H.R. 2285. A bill to amend the Reclamation Federal Emergency Management Agency, Mr. HYDE: Committee on the Judiciary. Projects Authorization and Adjustment Act transmitting the Agency’s final rule— House Joint Resolution 33. Resolution pro- of 1992 to authorize the Secretary of the In- Changes in Flood Elevation Determinations posing an amendment to the Constitution of terior to participate in the design, planning, [Docket No. FEMA–7288] received June 9, the United States authorizing the Congress and construction of the San Antonio Water 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the to prohibit the physical desecration of the System Water Recycling Project Phase III Committee on Banking and Financial Serv- flag of the United States (Rept. 106–191). Re- for the reclamation and reuse of water, and ices. ferred to the House Calendar. for other purposes; to the Committee on Re- 2671. A letter from the Director, Corporate Mr. HYDE: Committee on the Judiciary. sources. Policy and Research Department, Pension H.R. 1658. A bill to provide a more just and By Mr. SCARBOROUGH (for himself, Benefit Guaranty Corporation, transmitting uniform procedure for Federal civil forfeit- Mr. LEWIS of Georgia, Mr. ROEMER, the Corporation’s final rule—Allocation of ures, and for other purposes; with amend- and Mr. QUINN): Assets in Single-Employer Plans; Interest ments (Rept. 106–192). Referred to the Com- H.R. 2286. A bill to designate the Federal Assumptions for Valuing Benefits—received mittee of the Whole House on the State of building located at 10th Street and Constitu- June 9, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); the Union. tion Avenue, NW, in Washington, DC, as the June 18, 1999 CONGRESSIONAL RECORD — HOUSE H4665

‘‘Robert F. KENNEDY Department of Justice H.R. 772: Mr. UDALL of Colorado. H.R. 1810: Mr. LAHOOD and Mr. THUNE. Building‘‘; to the Committee on Transpor- H.R. 776: Mr. KLECZKA. H.R. 1837: Mr. STRICKLAND and Mr. tation and Infrastructure. H.R. 783: Mr. COSTELLO, Mr. HALL of Ohio, LOBIONDO. By Mr. SERRANO (for himself, Ms. Ms. KAPTUR, Mr. HOLDEN, Mr. HINCHEY, Mrs. H.R. 1863: Mr. DICKS. JACKSON-LEE of Texas, Mrs. MINK of ROUKEMA, and Mr. BOEHLERT. H.R. 1899: Mr. GILMAN, Mr. KENNEDY of Hawaii, Mr. HINOJOSA, Mr. EVANS, H.R. 784: Mr. HOLDEN, Mr. GREEN of Texas, Rhode Island, Mr. LARSON, Mr. TURNER, Ms. Mr. ROMERO-BARCELO, Mr. PASTOR, Mr. GILMAN, Mr. INSLEE, and Mrs. EMERSON. LEE, Mrs. MALONEY of New York, and Mr. Mr. RANGEL, and Ms. LEE): H.R. 804: Mr. FROST. BONIOR. H.R. 2287. A bill to amend the Immigration H.R. 835: Mr. ARMEY, Mr. HEFLEY, Mr. H.R. 1917: Mr. PAUL, Mr. TOWNS, Mrs. MINK and Nationality Act to ensure that veterans DELAY, Mr. BILBRAY, Mr. BENTSEN, Mr. of Hawaii, Mr. WATKINS, Mr. VISCLOSKY, Ms. of the United States Armed Forces are eligi- WEYGAND, Mr. CLEMENT, Mr. BLUNT, Mr. NORTON, Mr. BENTSEN, Mr. ROMERO-BARCELO, ble for discretionary relief from detention, GONZALEZ, Mr. BARCIA, Mrs. CAPPS, Mr. and Mr. THOMPSON of California. deportation, exclusion, and removal, and for PASCRELL, and Mr. PHELPS. H.R. 1929: Ms. BALDWIN. other purposes; to the Committee on the Ju- H.R. 853: Mr. GEKAS. H.R. 1932: Mr. BALDACCI, Mr. SHOWS, Mr. diciary. H.R. 859: Mr. FILNER. SHERMAN, Mr. FRELINGHUYSEN, Mr. HOLT, Ms. By Mr. STEARNS (for himself and Mr. H.R. 864: Mr. PAUL, Ms. SLAUGHTER, Ms. GRANGER, and Ms. ESHOO. LEWIS of Georgia): HOOLEY of Oregon, Mr. HOYER, Mr. BILIRAKIS, H.R. 1950: Mr. FORBES, Mr. METCALF, and H.R. 2288. A bill to establish the North Mr. ROEMER, Ms. SCHAKOWSKY, Mr. CROWLEY, Mr. ETHERIDGE. American Slavery Memorial Council; to the Mr. SERRANO, Ms. EDDIE BERNICE JOHNSON of H.R. 1975: Mr. HAYWORTH and Mr. BARR of Committee on Resources. Texas, Ms. JACKSON-LEE of Texas, Mr. Georgia. By Mr. WELDON of Florida (for him- HASTINGS of Florida, and Mr. KNOLLENBERG. H.R. 1977: Ms. SCHAKOWSKY, Mr. VENTO, and self and Mr. DAVIS of Florida): H.R. 909: Mr. MARTINEZ. Ms. WOOLSEY. H.R. 2289. A bill to amend the Internal Rev- H.R. 914: Mr. GORDON. RAFICANT ROST enue Code of 1986 to treat spaceports like air- H.R. 958: Mr. ENGEL. H.R. 1990: Mr. T , Mr. F , Mr. ports under the exempt facility bond rules; H.R. 1044: Mr. LEWIS of Kentucky. WISE, Mr. NADLER, and Mr. LOBIONDO. to the Committee on Ways and Means. H.R. 1053: Mr. VENTO. H.R. 1993: Mr. RADANOVICH. By Mr. ROEMER (for himself, Mr. H.R. 1070: Mr. JENKINS. H.R. 1996: Mr. BRADY of Pennsylvania and WOLF, and Mr. LAFALCE): H.R. 1083: Mrs. CUBIN and Mr. BOEHLERT. Mr. FROST. H. Con. Res. 137. A concurrent resolution H.R. 1093: Mr. WEINER, Mr. WATT of North H.R. 1998: Mr. CAPUANO, Mr. SHAW, Mr. expressing the sense of Congress with regard Carolina, Mr. BERRY, Mr. DAVIS of Illinois, MCGOVERN, Mr. SALMON, Mr. VENTO, and Mr. to the recommendations of the National Mrs. NAPOLITANO, Mr. UDALL of New Mexico, HAYWORTH. Gambling Impact Study Commission; to the and Ms. MCCARTHY of Missouri. H.R. 1999: Mr. STUMP and Mr. KOLBE. Committee on the Judiciary. H.R. 1111: Mr. JENKINS. H.R. 2013: Mr. LATHAM. f H.R. 1168: Mr. CLEMENT. H.R. 2031: Mr. RAHALL, Mr. DICKEY, Mr. ADDITIONAL SPONSORS H.R. 1180: Mr. SHIMKUS, Mr. ANDREWS, and EHRLICH, Mr. ETHERIDGE, Mr. MCINTYRE, Mr. Mrs. THURMAN. SANDLIN, Mr. MEEHAN, Mr. BARCIA, and Mr. Under clause 7 of rule XII, sponsors H.R. 1196: Mr. DAVIS of Illinois and Ms. TURNER. were added to public bills and resolu- HOOLEY of Oregon. H.R. 2060: Mr. EVANS and Ms. EDDIE BER- tions as follows: H.R. 1215: Mr. PETRI. NICE JOHNSON of Texas. H.R. 73: Mr. CUNNINGHAM, Mr. ROHR- H.R. 1216: Mr. CALVERT, Mr. BISHOP, and H.R. 2101: Mrs. NORTHUP. ABACHER, Mr. FOLEY, Mr. HERGER, Mr. BUR- Ms. LEE. H.R. 2121: Mr. RAHALL, Mr. LAHOOD, Ms. TON of Indiana, Mr. COBLE, and Mr. ARCHER. H.R. 1260: Mr. FOLEY. RIVERS, Mr. RODRIGUEZ, and Mr. KILDEE. H.R. 142: Mr. GUTKNECHT. H.R. 1281: Mr. WATKINS. H.R. 2233: Mrs. CLAYTON, Mr. DICKEY, Mr. H.R. 175: Mr. CROWLEY, Mr. GILCHREST, Mr. H.R. 1283: Mr. BRYANT, Mr. GARY MILLER of HASTINGS of Florida, Mr. NETHERCUTT, Mrs. ABERCROMBIE, Mr. SERRANO, Mr. HOBSON, Mr. California, and Mr. SHAYS. MORELLA, Mr. TALENT, Mr. BRYANT, Mr. HASTINGS of Florida, Ms. JACKSON-LEE of H.R. 1300: Mr. SERRANO. COOK, Mr. BILBRAY, Mr. WATKINS, Mr. LAZIO, Texas, Mr. KNOLLENBERG, Mr. FOSSELLA, and H.R. 1301: Mr. BASS, Mr. POMBO, Mr. Mr. FALEOMAVAEGA, and Mr. NORWOOD. FRELINGHUYSEN, Mr. LEWIS of Kentucky, Mr. Mr. BOSWELL. H.R. 2252: Mr. COLLINS. ARCIA THUNE, Mrs. MINK of Hawaii, Mr. MCINTYRE, H.R. 218: Mr. B . H.R. 2260: Mr. DEMINT and Mrs. NORTHUP. H.R. 303: Mrs. MEEK of Florida, Mr. PETER- Mr. LOBIONDO, Mr. OSE, and Mr. WICKER. H. Con. Res. 17: Ms. PELOSI. SON of Pennsylvania, Mr. COOK, Ms. KIL- H.R. 1303: Mr. MARTINEZ. H. Con. Res. 100: Mr. PAYNE and Mr. GIL- PATRICK, Mr. THUNE, and Mr. HALL of Ohio. H.R. 1317: Mr. NUSSLE. MAN. H.R. 316: Mr. TIERNEY and Mr. WU. H.R. 1325: Mr. FILNER, Mr. VENTO, and Mrs. H. Con. Res. 112: Mr. NETHERCUTT, Mr. H.R. 332: Mr. PAUL. NORTHUP. KLECZKA, Mr. LINDER, Mr. GUTKNECHT, Mr. H.R. 491: Ms. LEE. H.R. 1328: Mr. LOBIONDO. VERETT SANFORD, Mrs. BONO, Mr. SWEENEY, and Mr. H.R. 528: Mr. E . H.R. 1344: Mr. GILLMOR and Mr. SIMPSON. H.R. 531: Mr. SNYDER and Mr. TOWNS. AZIO H.R. 1381: Mr. DEAL of Georgia. L . H.R. 577: Mr. BARRETT of Nebraska. ETERSON H. Con. Res. 113: Ms. HOOLEY of Oregon. EREUTER H.R. 1387: Mr. P of Minnesota and H.R. 682: Mr. B . H. Con. Res. 128: Mr. DEUTSCH, Mr. CLAY, H.R. 693: Mr. STRICKLAND. Mr. REYES. Mr. RAMSTAD, Mr. GEPHARDT, Ms. DUNN, Mr. H.R. 721: Mr. WEYGAND and Mr. CANNON. H.R. 1433: Mr. SMITH of Washington and Mr. H.R. 762: Mr. ROTHMAN, Mrs. CAPPS, Mr. INSLEE. PAYNE, and Mr. FILNER. CONYERS, Mr. MARTINEZ, Mr. MOORE, Mr. H.R. 1442: Mr. DEUTSCH. H. Con. Res. 130: Mr. FALEOMAVAEGA. KUCINICH, Mr. HOUGHTON, Mr. COSTELLO, Mr. H.R. 1456: Mr. BONIOR, Mr. MEEKS of New H. Con. Res. 133: Mr. FROST, Mr. RUSH, Mr. LUCAS of Oklahoma, Mr. GOODLING, Mr. York, Ms. DANNER, and Ms. HOOLEY of Or- SISISKY, and Mr. BONIOR. DAVIS of Virginia, Mr. CAPUANO, Mr. OLVER, egon. H. Res. 34: Mrs. JOHNSON of Connecticut, Mr. STUPAK, Ms. EDDIE BERNICE JOHNSON of H.R. 1525: Mr. NEAL of Massachusetts and and Ms. EDDIE BERNICE JOHNSON of Texas. Texas, Mr. KING, Mr. INSLEE, Mr. KILDEE, Mr. Ms. HOOLEY of Oregon. H. Res. 90: Mr. MEEHAN, Mr. PETERSON of CLEMENT, Mr. LARSON, Mr. BOUCHER, Mr. H.R. 1622: Mr. PASTOR. Minnesota, Mr. LAMPSON, Mr. CLEMENT, and HOEFFEL, Mr. MASCARA, Mr. PALLONE, Mr. H.R. 1645: Mr. BONIOR. Mr. WU. WOLF, Ms. PRYCE of Ohio, Ms. VELAZQUEZ, H.R. 1663: Mr. HAYWORTH. H. Res. 212: Mr. BARRETT of Wisconsin, Mr. Mr. GONZALEZ, Mr. LAMPSON, Ms. NORTON, H.R. 1676: Ms. MCKINNEY. CROWLEY, and Mr. KLECZKA. Mr. BERRY, Mrs. JOHNSON of Connecticut, H.R. 1707: Mr. MCINNIS. Mr. WU, Mr. SCOTT, Mr. ENGEL, Mr. KENNEDY H.R. 1731: Mr. HUNTER, Mr. DICKEY, and Mr. f of Rhode Island, Ms. CARSON, Mr. MCNULTY, MCDERMOTT. Mr. LAHOOD, Mrs. MCCARTHY of New York, H.R. 1736: Mr. BRADY of Pennsylvania, Mr. Mr. CLYBURN, Mr. SHAW, Ms. LEE, Mr. LEWIS HILLIARD, Mr. FILNER, Mr. ABERCROMBIE, and DELETIONS OF SPONSORS FROM of California, Mr. OWENS, Ms. SCHAKOWSKY, Mr. WEXLER. PUBLIC BILLS AND RESOLUTIONS Mr. FATTAH, Mr. FARR of California, Mr. H.R. 1746: Mr. BLUNT and Mr. COMBEST. Under clause 7 of rule XII, sponsors H.R. 1760: Ms. LEE. SMITH of New Jersey, and Mr. SAXTON. were deleted from public bills and reso- H.R. 764: Mr. GREEN of Wisconsin, Mr. H.R. 1784: Mr. HASTINGS of Florida, Mr. RA- PORTMAN, Mr. MEEKS of New York, and Mr. HALL, Mr. MEEHAN, Mr. MCNULTY, Mr. SHER- lutions as follows: LAMPSON. MAN, and Mr. WEINER. H.R. 853: Mr. HOBSON. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, FRIDAY, JUNE 18, 1999 No. 87 Senate The Senate met at 9:30 a.m. and was begin consideration of the State De- 1991, I set up the first Ohio Steel Indus- called to order by the President pro partment authorization bill under a try Advisory Council as a public-pri- tempore [Mr. THURMOND]. previous consent agreement. Therefore, vate partnership to strengthen ties votes are anticipated. among the steel industry, the state of PRAYER I thank my colleagues for their at- Ohio and its citizens. The Chaplain, Dr. Lloyd John tention. And last year, when steel imports Ogilvie, offered the following prayer: The PRESIDING OFFICER (Mr. reached record levels, I was one of the Gracious God, as we approach this HAGEL). The Senator from West Vir- first elected officials to pressure the Father’s Day weekend, we praise You ginia. Clinton administration to stop the ille- that You are our Heavenly Father from f gal dumping of steel in our country. whom we learn what true fatherhood Since October of 1998, I have written really means. You exemplify the per- KOSOVO AND SOUTHWEST ASIA the President three letters urging him fect blend of admonition and affirma- EMERGENCY SUPPLEMENTAL to take action on behalf of the steel in- tion, discipline and nurture, encourage- APPROPRIATIONS ACT, 1999 dustry. ment and inspiration. Mr. BYRD. Mr. President, I am au- Ohio is now the largest steel pro- May this Father’s Day be more than thorized by the distinguished majority ducing state in the Nation—a develop- a celebration honoring fathers, but a leader to ask for 5 minutes prior to the ment that occurred during my term as day of calling fathers to their responsi- vote to be equally divided between Mr. governor. Many have assumed that be- bility for the spiritual and character NICKLES and myself. cause steel is so important to the state formation of their children. In this The PRESIDING OFFICER. Without of Ohio that I would vote in favor of time of absentee fathers, when 21 mil- objection, it is so ordered. this legislation. But it is because steel lion children in America live without a Mr. BYRD. Mr. President, I ask unan- is so important that I cannot vote in father in their homes, we ask You to imous consent also that other Senators favor of this legislation. There are instigate a father movement. may include statements in the RECORD three fundamental reasons why. Bless the families of our land. Stir fa- if they so wish. First, this bill does not provide in- thers who have abdicated their respon- The PRESIDING OFFICER. Without dustry-wide assistance. The legislation sibility. When fathers are silent about objection, it is so ordered. as it has been presented to the Senate their faith, children miss the strength The clerk will report the bill by title. provides loan-guarantee assistance to a and courage of learning how to trust The legislative assistant read as fol- few steel companies, and not all com- You with the ups and downs of life. O lows: panies. In fact, the vast majority of God, we need a great spiritual awak- A bill (H.R. 1664) making emergency sup- steel companies in Ohio have not ap- ening. Thank You for waking up the fa- plemental appropriations for military oper- proached me indicating that my vote thers of the land and for a Father’s Day ations, refugee relief, and humanitarian as- in favor of this legislation was crucial. dedicated to the recovery of the role of sistance relating to the conflict in Kosovo, Some steel companies in my state are strong fathers to love their wives and and for military operations in Southwest opposed to this bill. their children. Through our Lord and Asia for the fiscal year ending September 30, It does not make sense that in an 1999, and for other purposes. Savior. Amen. economy as strong as ours, with steel f The Senate resumed consideration of production in the United States at the bill. record, all-time highs, with all the con- RECOGNITION OF THE ACTING Mr. VOINOVICH. Mr. President, no struction that is occurring in our na- MAJORITY LEADER one cares about our Nation’s steel- tion, and all the cars that are being The PRESIDENT pro tempore. The workers and steel industry more than made and the record unemployment, able acting majority leader is recog- I. that we should pass a package that is nized. Since 1979, I have been at the fore- meant to assist only a handful of com- f front in support of Ohio’s steel indus- panies. try. As Mayor of Cleveland and Gov- Which brings me to my second point: SCHEDULE ernor of Ohio, I pressured the Reagan the government should not be in the Mr. ENZI. Mr. President, today the and Bush Administrations to enforce position of picking winners and losers. Senate will immediately begin the vote the voluntary restraint agreements, What this legislation does is tell those on final passage of H.R. 1664, the steel, VRAs, on steel and to make sure that companies that may have made poor oil and gas appropriations legislation. all U.S. trade laws were enforced as business decisions that they will be Following that vote, the Senate will soon as those agreements expired. In given help. Meanwhile, we ignore those

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

S7247

. S7248 CONGRESSIONAL RECORD — SENATE June 18, 1999 companies that have done the right ac- sions, my colleague from Illinois ques- I do not think the Federal Govern- tions to make themselves competitive. tioned whether or not a bank, or other ment guaranteeing loans is the right This is not the spirit of American en- investor, would be able to transfer thing to do. We have tried it. We have terprise. their risk to the government upon en- been there. It did not work. We did it Indeed, I have to ask if we are going actment of the Steel and Oil and Gas in 1978 and 1979. The Federal Govern- to make it the business of the federal Loan Guarantee Program. ment had a loan guarantee program for government to help companies inside Fiscal responsibility is a top priority the steel industry—$290 million worth particular industries on a regular of mine and upon hearing of these con- of steel loans were made, guaranteed basis. We could be here in the Senate cerns, I was initially troubled. How- by the Federal Government. The Fed- spending every taxpayer dollar bailing ever, I have been assured by the distin- eral Government loaned $222 million on out specific businesses inside specific guished Senator from West Virginia, which the steel industry defaulted. industries whenever we saw an eco- Senator BYRD, that the loan approval That is a 77 percent default rate. Basi- nomic threat or whenever we desired. board is structured such that these sit- cally, the people who ran the program Where will we draw the line? How will uations will be prevented. Loans will at the time or later said, well, really, it we decide which failing companies not be approved on a whim and the tax- was replacing the marketplace with we’ll bail out? What criteria will we payers’ dollars will not be thrown politicians making those decisions, use? Every time a company has a bad about recklessly to benefit those who saying that we don’t think that the quarter or a bad year, should the fed- did not need help in the first place. marketplace should be making capital eral government provide them with fi- This program provides much needed, decisions; we are going to have those nancial assistance? How are we dif- temporary assistance to keep our steel decisions being made by Government. ferent from those foreign countries we industry afloat. I think that was a serious mistake. criticize for subsidizing their compa- It should be noted that the Steel and We have urged other countries not to nies that are struggling to compete? Oil and Gas Loan Guarantee Program go into this industrial policy; let the These are the kinds of questions we sunsets in three years and is not a per- marketplace work. And now we are need to ask if this is going to be the manent change in public policy. We are trying to come back and do it. We have policy our government pursues. simply responding to the crisis cur- done it before. It did not work before. rently faced by many in our nation’s Third, the history behind such loan I want to help the oil and gas indus- steel industry. programs points to a high default rate. try. It is really hurting in my State. The proponents of this legislation have I rise in support of this measure and thank the Senator from West Virginia But I do not think that having the Fed- indicated that they expect a default eral Government guaranteeing loans is rate on the loans of 14%. That means of for his leadership on this issue. Mr. BYRD. Mr. President, this bill on the right solution. As a matter of fact, the $1 billion worth of loans that the which we are about to vote is a buy- I do not think it will help anybody. I government will guarantee for steel American bill. A vote for this bill is a do not think it will even help the steel manufacturers, $140 million of that is buy-American vote, a vote of con- industry. It might help them reshuffle expected to never be repaid. For the oil fidence in American steel, American some debt, but I do not think it makes and gas industry, the expected default workers, and American families. But a sense. rate is higher, 25%, or $125 million on a vote against the bill sends a very dif- I urge my colleagues to vote no on loan guarantee of $500 million. ferent message. It says buy Russian, this bill today. In essence, what Congress wants to buy Japanese, buy South Korean, buy Mr. President, I ask for the yeas and do is allow the federal government to from our foreign competitors and send nays on the bill. simply write off $265 million of tax- our steel industry and our steel jobs The PRESIDING OFFICER. Is there a payer funds. That money has to come overseas. I urge my colleagues to vote sufficient second? from somewhere, whether it’s the So- American. There appears to be a sufficient sec- cial Security trust fund, tax increases, Now, if I have any time remaining in ond. or cuts in essential programs for our the 21⁄2 minutes, I wish to compliment The yeas and nays were ordered. children. Mr. NICKLES, Mr. GRAMM, and others The PRESIDING OFFICER. The bill The last time this nation established who were the opponents of the bill. having been read the third time, the a steel loan guarantee program in 1978, They were honorable opponents, and I question is, Shall the bill pass? The the default rate was 77%. Five compa- think they made good contributions, yeas and nays have been ordered. nies took out loans—all five companies especially in our discussions yesterday. The clerk will call the roll. defaulted and the U.S. taxpayer was Their proposals improve the bill. I was The legislative assistant called the forced to pick-up the tab for $222 mil- happy to support their proposals and to roll. lion. The U.S. Commerce Department’s join as a cosponsor of the amendment. Mr. NICKLES. I announce that the Economic Development Administra- I especially wish to thank Senator Senator from Arizona (Mr. MCCAIN) is tion said at the time, ‘‘By any meas- STEVENS and Senator DOMENICI. Sen- necessarily absent. urement, EDA’s steel loan program ator STEVENS has kept his word. He is Mr. REID. I announce that the Sen- would have to be considered a failure.’’ a man of his word. Senator DOMENICI ator from Connecticut (Mr. DODD) is In addition, EDA said, ‘‘the program is has done a great job in proposing a necessarily absent. an excellent example of the folly inher- similar program for the oil and gas in- I further announce that the Senator ent in industrial policy programs.’’ dustry. I hope that he will be able to from New Mexico (Mr. BINGAMAN) is ab- Now, I cannot guarantee that the com- speak likewise at some point. sent attending a funeral. panies today, if given these loan guar- I yield the floor. The PRESIDING OFFICER. Are there antees, will default at such a high rate, The PRESIDING OFFICER. The Sen- any other Senators in the Chamber but I do not believe we should be mak- ator from Oklahoma. who desire to vote? ing the same mistakes twice at the ex- Mr. NICKLES. Mr. President, I urge The result was announced—yeas 63, pense of other federal programs. my colleagues to vote against this bill. nays 34, as follows: Mr. President, there have been scant I compliment the sponsors of it, Sen- [Rollcall Vote No. 176 Leg.] few instances where the Federal Gov- ator BYRD and Senator DOMENICI. They ernment getting involved in market are very persistent. I expect they will YEAS—63 decisions has been productive. I do not be successful today, but I hope that Abraham Campbell Feinstein Akaka Chafee Gorton believe that we should do so here. this bill doesn’t pass either today in Baucus Cleland Graham Mrs. LINCOLN. Mr. President, yes- the Senate or in the conference. Bayh Cochran Harkin terday during consideration of the I urge our colleagues to vote against Bennett Conrad Hatch Steel and Oil and Gas Loan Guarantee it. The reason is because I think it is a Biden Daschle Helms Bond DeWine Hollings Program the Senator from Illinois, mistake. It is not that I don’t want to Boxer Domenici Hutchison Senator FITZGERALD, raised several help the steel industry or that I don’t Breaux Dorgan Inhofe concerns regarding the potential for want to help the oil and gas industry. Bryan Durbin Inouye program abuse. During these discus- I want to help both. Byrd Edwards Johnson June 18, 1999 CONGRESSIONAL RECORD — SENATE S7249 Kennedy Lugar Sarbanes (B) is engaged in the production and manu- later than December 31, 2005, and the terms and Kerrey Mikulski Schumer facture of a product defined by the American conditions of each such loan shall provide that Kerry Moynihan Sessions Iron and Steel Institute as a basic steel mill the loan may not be amended, or any provision Kohl Murray Shelby Landrieu Reed Specter product, including ingots, slab and billets, thereof waived, without the consent of the Lautenberg Reid Stevens plates, flat-rolled steel, sections and structural Board. Leahy Robb Thurmond products, bars, rail type products, pipe and (2) LOAN SECURITY.—Any commitment to issue Levin Roberts Torricelli tube, and wire rod; and a loan guarantee under this section shall con- Lieberman Rockefeller Wellstone (C) has experienced layoffs, production losses, tain such affirmative and negative covenants Lincoln Santorum Wyden or financial losses since the beginning of the and other protective provisions that the Board NAYS—34 steel import crisis, in January 1998 or that oper- determines are appropriate. The Board shall re- ates substantial assets of a company that meets quire security for the loans to be guaranteed Allard Frist Murkowski Ashcroft Gramm Nickles these qualifications. under this section at the time at which the com- Brownback Grams Roth (d) ESTABLISHMENT OF EMERGENCY STEEL mitment is made. Bunning Grassley Smith (NH) GUARANTEE LOAN PROGRAM.—There is estab- (3) FEES.—A qualified steel company receiving Burns Gregg Smith (OR) lished the Emergency Steel Guarantee Loan a guarantee under this section shall pay a fee to Collins Hagel Snowe Program, to be administered by the Board, the the Department of the Treasury to cover costs of Coverdell Hutchinson Thomas purpose of which is to provide loan guarantees the program, but in no event shall such fee ex- Craig Jeffords Thompson to qualified steel companies in accordance with ceed an amount equal to 0.5 percent of the out- Crapo Kyl Voinovich this section. Enzi Lott Warner standing principal balance of the guaranteed (e) LOAN GUARANTEE BOARD MEMBERSHIP.— Feingold Mack loan. Fitzgerald McConnell There is established a Loan Guarantee Board, (4) GUARANTEE LEVEL.—No loan guarantee which shall be composed of— may be provided under this section if the guar- NOT VOTING—3 (1) the Secretary of Commerce; antee exceeds 85 percent of the amount of prin- Bingaman Dodd McCain (2) the Chairman of the Board of Governors of cipal of the loan. the Federal Reserve System, who shall serve as (i) REPORTS TO CONGRESS.—The Secretary of The bill (H.R. 1664), as amended, was Chairman of the Board; and passed, as follows: Commerce shall submit to Congress a full report (3) the Chairman of the Securities and Ex- of the activities of the Board under this section Resolved, That the bill from the House of change Commission. during each of fiscal years 1999 and 2000, and Representatives (H.R. 1664) entitled ‘‘An Act (f) LOAN GUARANTEE PROGRAM.— annually thereafter, during such period as any making emergency supplemental appropria- (1) AUTHORITY.—The Program may guarantee loan guaranteed under this section is out- tions for military operations, refugee relief, loans provided to qualified steel companies by standing. and humanitarian assistance relating to the private banking and investment institutions in (j) SALARIES AND ADMINISTRATIVE EX- conflict in Kosovo, and for military oper- accordance with the procedures, rules, and reg- PENSES.—For necessary expenses to administer ations in Southwest Asia for the fiscal year ulations established by the Board. the Program, $5,000,000 is appropriated to the ending September 30, 1999, and for other pur- (2) TOTAL GUARANTEE LIMIT.—The aggregate Department of Commerce, to remain available poses.’’, do pass with the following amend- amount of loans guaranteed and outstanding at until expended, which may be transferred to the ments: any one time under this section may not exceed Office of the Assistant Secretary for Trade De- Page 2, strike out all after line 7 over to $1,000,000,000. velopment of the International Trade Adminis- and including line 21 on page 3 and insert: (3) INDIVIDUAL GUARANTEE LIMIT.—The aggre- tration. SEC. 101. EMERGENCY STEEL LOAN GUARANTEE gate amount of loans guaranteed under this sec- (k) TERMINATION OF GUARANTEE AUTHOR- PROGRAM. (a) SHORT TITLE.—This chapter may tion with respect to a single qualified steel com- be cited as the ‘‘Emergency Steel Loan Guar- pany may not exceed $250,000,000. ITY.—The authority of the Board to make com- antee Act of 1999’’. (4) TIMELINES.—The Board shall approve or mitments to guarantee any loan under this sec- (b) CONGRESSIONAL FINDINGS.—Congress finds deny each application for a guarantee under tion shall terminate on December 31, 2001. that— this section as soon as possible after receipt of (l) REGULATORY ACTION.—The Board shall (1) the United States steel industry has been such application. issue such final procedures, rules, and regula- severely harmed by a record surge of more than (5) ADDITIONAL COSTS.—For the additional tions as may be necessary to carry out this sec- 40,000,000 tons of steel imports into the United cost of the loans guaranteed under this sub- tion not later than 60 days after the date of en- States in 1998, caused by the world financial cri- section, including the costs of modifying the actment of this Act. sis; loans as defined in section 502 of the Congres- (m) IRON ORE COMPANIES.— (2) this surge in imports resulted in the loss of sional Budget Act of 1974 (2 U.S.C. 661a), there (1) IN GENERAL.—Subject to the requirements more than 10,000 steel worker jobs in 1998, and is appropriated $140,000,000 to remain available of this subsection, an iron ore company incor- was the imminent cause of 3 bankruptcies by until expended. porated under the laws of any State shall be medium-sized steel companies, Acme Steel, (g) REQUIREMENTS FOR LOAN GUARANTEES.—A treated as a qualified steel company for pur- Laclede Steel, and Geneva Steel; loan guarantee may be issued under this section poses of the Program. (3) the crisis also forced almost all United upon application to the Board by a qualified (2) TOTAL GUARANTEE LIMIT FOR IRON ORE States steel companies into— steel company pursuant to an agreement to pro- COMPANY.—Of the aggregate amount of loans (A) reduced volume, lower prices, and finan- vide a loan to that qualified steel company by a authorized to be guaranteed and outstanding at cial losses; and private bank or investment company, if the any one time under subsection (f)(2), an amount (B) an inability to obtain credit for continued Board determines that— not to exceed $30,000,000 shall be loans with re- operations and reinvestment in facilities; (1) credit is not otherwise available to that spect to iron ore companies. (4) the crisis also has affected the willingness company under reasonable terms or conditions FEDERAL ADMINISTRATIVE AND TRAVEL EXPENSES of private banks and investment institutions to sufficient to meet its financing needs, as re- (RESCISSIONS) make loans to the United States steel industry flected in the financial and business plans of SEC. 102. (a) Of the funds available in the for continued operation and reinvestment in fa- that company; nondefense category to the agencies of the Fed- cilities; (2) the prospective earning power of that com- (5) these steel bankruptcies, job losses, and fi- pany, together with the character and value of eral Government, $145,000,000 are hereby re- nancial losses are also having serious negative the security pledged, furnish reasonable assur- scinded: Provided, That rescissions pursuant to effects on the tax base of cities, counties, and ance of repayment of the loan to be guaranteed this subsection shall be taken only from admin- States, and on the essential health, education, in accordance with its terms; istrative and travel accounts: Provided further, and municipal services that these government (3) the loan to be guaranteed bears interest at That rescissions shall be taken on a pro rata entities provide to their citizens; and a rate determined by the Board to be reasonable, basis from funds available to every Federal (6) a strong steel industry is necessary to the taking into account the current average yield on agency, department, and office in the Executive adequate defense preparedness of the United outstanding obligations of the United States Branch, including the Office of the President. States in order to have sufficient steel available with remaining periods of maturity comparable (b) Within 30 days after the date of enactment to build the ships, tanks, planes, and armaments to the maturity of such loan; of this Act, the Director of the Office of Man- necessary for the national defense. (4) the company has agreed to an audit by the agement and Budget shall submit to the Com- (c) DEFINITIONS.—For purposes of this section: General Accounting Office prior to the issuance mittees on Appropriations of the House of Rep- (1) BOARD.—The term ‘‘Board’’ means the of the loan guarantee and annually thereafter resentatives and the Senate a listing of the Loan Guarantee Board established under sub- while any such guaranteed loan is outstanding; amounts by account of the reductions made pur- section (e). and suant to the provisions of subsection (a) of this (2) PROGRAM.—The term ‘‘Program’’ means (5) In the case of a purchaser of substantial section. the Emergency Steel Guarantee Loan Program assets of a qualified steel company, the qualified Page 4, strike out all after line 1 over to established under subsection (d). steel company establishes that it is unable to re- and including line 14 on page 22 and insert: (3) QUALIFIED STEEL COMPANY.—The term organize itself. SEC. 201. PETROLEUM DEVELOPMENT MANAGE- ‘‘qualified steel company’’ means any company (h) TERMS AND CONDITIONS OF LOAN GUARAN- MENT. (a) SHORT TITLE.—This chapter may be that— TEES.— cited as the ‘‘Emergency Oil and Gas Guaran- (A) is incorporated under the laws of any (1) LOAN DURATION.—All loans guaranteed teed Loan Program Act’’. State; under this section shall be payable in full not (b) FINDINGS.—Congress finds that— S7250 CONGRESSIONAL RECORD — SENATE June 18, 1999

(1) consumption of foreign oil in the United (3) INDIVIDUAL GUARANTEE LIMIT.—The aggre- Board shall issue such final procedures, rules, States is estimated to equal 56 percent of all oil gate amount of loans guaranteed under this sec- and regulations as are necessary to carry out consumed, and that percentage could reach 68 tion with respect to a single qualified oil and this section. percent by 2010 if current prices prevail; gas company shall not exceed $10,000,000. FEDERAL ADMINISTRATIVE AND TRAVEL EXPENSES (2) the number of oil and gas rigs operating in (4) EXPEDITIOUS ACTION ON APPLICATIONS.— (RESCISSIONS) the United States is at its lowest since 1944, The Board shall approve or deny an application when records of this tally began; for a guarantee under this section as soon as SEC. 202. (a) Of the funds available in the (3) if prices do not increase soon, the United practicable after receipt of an application. nondefense category to the agencies of the Fed- States could lose at least half its marginal wells, (5) ADDITIONAL COSTS.—For the additional eral Government, $125,000,000 are hereby re- which in aggregate produce as much oil as the cost of the loans guaranteed under this sub- scinded: Provided, That rescissions pursuant to United States imports from Saudi Arabia; section, including the costs of modifying the this subsection shall be taken only from admin- (4) oil and gas prices are unlikely to increase loans as defined in section 502 of the Congres- istrative and travel accounts: Provided further, for at least several years; sional Budget Act of 1974 (2 U.S.C. 661a), there That rescissions shall be taken on a pro rata (5) declining production, well abandonment, is appropriated $122,500,000 to remain available basis from funds available to every Federal and greatly reduced exploration and develop- until expended. agency, department, and office in the Executive ment are shrinking the domestic oil and gas in- (f) REQUIREMENTS FOR LOAN GUARANTEES.— Branch, including the Office of the President. dustry; The Board may issue a loan guarantee on appli- (b) Within 30 days after the date of enactment (6) the world’s richest oil producing regions in cation by a qualified oil and gas company under of this Act, the Director of the Office of Man- the Middle East are experiencing increasingly an agreement by a private bank or investment agement and Budget shall submit to the Com- greater political instability; company to provide a loan to the qualified oil mittees on Appropriations of the House of Rep- (7) United Nations policy may make Iraq the and gas company, if the Board determines resentatives and the Senate a listing of the swing oil producing nation, thereby granting that— amounts by account of the reductions made pur- Saddam Hussein tremendous power; (1) credit is not otherwise available to the suant to the provisions of subsection (a) of this (8) reliance on foreign oil for more than 60 company under reasonable terms or conditions section. percent of our daily oil and gas consumption is sufficient to meet its financing needs, as re- Page 22, strike out all after line 15 over to a national security threat; flected in the financial and business plans of and including line 4 on page 32 and insert: (9) the level of United States oil security is di- the company; GENERAL PROVISIONS rectly related to the level of domestic production (2) the prospective earning power of the com- of oil, natural gas liquids, and natural gas; and pany, together with the character and value of SEC. 301. No part of any appropriation con- (10) a national security policy should be de- the security pledged, provide a reasonable as- tained in the Act shall remain available for obli- veloped that ensures that adequate supplies of surance of repayment of the loan to be guaran- gation beyond the current fiscal year unless ex- oil are available at all times free of the threat of teed in accordance with its terms; pressly so provided herein. embargo or other foreign hostile acts. (3) the loan to be guaranteed bears interest at This Act may be cited as the ‘‘Emergency Steel (c) DEFINITIONS.—In this section: a rate determined by the Board to be reasonable, Loan Guarantee and Emergency Oil and Gas (1) BOARD.—The term ‘‘Board’’ means the taking into account the current average yield on Guaranteed Loan Act of 1999’’. Loan Guarantee Board established by sub- outstanding obligations of the United States The title was amended so as to read: ‘‘An section (e). with remaining periods of maturity comparable Act providing emergency authority for guar- (2) PROGRAM.—The term ‘‘Program’’ means to the maturity of the loan; and antees of loans to qualified steel and iron ore the Emergency Oil and Gas Guaranteed Loan (4) the company has agreed to an audit by the companies and to qualified oil and gas com- Program established by subsection (d). General Accounting Office before issuance of panies, and for other purposes.’’. (3) QUALIFIED OIL AND GAS COMPANY.—The the loan guarantee and annually while the Mr. BYRD. Mr. President, I move to term ‘‘qualified oil and gas company’’ means a guaranteed loan is outstanding. reconsider the vote. company that— (g) TERMS AND CONDITIONS OF LOAN GUARAN- Mr. LEAHY. I move to lay that mo- (A) is— TEES.— (i) an independent oil and gas company (with- (1) LOAN DURATION.—All loans guaranteed tion on the table. in the meaning of section 57(a)(2)(B)(i) of the under this section shall be repayable in full not The motion to lay on the table was Internal Revenue Code of 1986); or later than December 31, 2010, and the terms and agreed to. (ii) a small business concern under section 3 of conditions of each such loan shall provide that the Small Business Act (15 U.S.C. 632) (or a com- the loan agreement may not be amended, or any f pany based in Alaska, including an Alaska Na- provision of the loan agreement waived, without tive Corporation created pursuant to the Alaska the consent of the Board. FOREIGN RELATIONS AUTHORIZA- Native Claims Settlement Act (43 U.S.C. 1601 et (2) LOAN SECURITY.—A commitment to issue a TION ACT, FISCAL YEARS 2000 seq.)) that is an oil field service company whose loan guarantee under this section shall contain AND 2001 main business is providing tools, products, per- such affirmative and negative covenants and sonnel, and technical solutions on a contractual other protective provisions as the Board deter- The PRESIDING OFFICER. The basis to exploration and production operators mines are appropriate. The Board shall require clerk will report H.R. 886. that drill, complete wells, and produce, trans- security for the loans to be guaranteed under The legislative assistant read as fol- port, refine, and sell hydrocarbons and their by- this section at the time at which the commitment lows: products as the main commercial business of the is made. A bill (S. 886) to authorize appropriations concern or company; and (3) FEES.—A qualified oil and gas company re- for the Department of State for fiscal years (B) has experienced layoffs, production losses, ceiving a loan guarantee under this section 2000 and 2001; to provide for enhanced secu- or financial losses since the beginning of the oil shall pay a fee to the Department of the Treas- rity at United States diplomatic facilities; import crisis, after January 1, 1997. ury to cover costs of the program, but in no to provide for certain arms control, non- (d) EMERGENCY OIL AND GAS GUARANTEED event shall such fee exceed an amount equal to proliferation, and other national security LOAN PROGRAM.— 0.5 percent of the outstanding principal balance (1) IN GENERAL.—There is established the of the guaranteed loan. measures; to provide for the reform of the Emergency Oil and Gas Guaranteed Loan Pro- (4) GUARANTEE LEVEL.—No loan guarantee United Nations; and for other purposes. gram, the purpose of which shall be to provide may be provided under this section if the guar- The PRESIDING OFFICER (Mr. loan guarantees to qualified oil and gas compa- antee exceeds 85 percent of the amount of prin- BROWNBACK). The Senator from North nies in accordance with this section. cipal of the loan. Carolina. (h) REPORTS.—During fiscal year 1999 and (2) LOAN GUARANTEE BOARD.—There is estab- Mr. HELMS. Mr. President, to make lished to administer the Program a Loan Guar- each fiscal year thereafter until each guaran- antee Board, to be composed of— teed loan has been repaid in full, the Secretary the RECORD absolutely clear, what is (A) the Secretary of Commerce; of Commerce shall submit to Congress a report the pending business now? (B) the Chairman of the Board of Governors on the activities of the Board. The PRESIDING OFFICER. The of the Federal Reserve System, who shall serve (i) SALARIES AND ADMINISTRATIVE EX- pending business is S. 886. as Chairman of the Board; and PENSES.—For necessary expenses to administer Mr. HELMS. Which is? (C) the Chairman of the Securities and Ex- the Program, $2,500,000 is appropriated to the The PRESIDING OFFICER. State change Commission. Department of Commerce, to remain available Department authorization. (e) AUTHORITY.— until expended, which may be transferred to the (1) IN GENERAL.—The Program may guarantee Office of the Assistant Secretary for Trade De- UNANIMOUS CONSENT REQUEST loans provided to qualified oil and gas compa- velopment of the International Trade Adminis- Mr. HELMS. Mr. President, I ask nies by private banking and investment institu- tration. unanimous consent with respect to the tions in accordance with procedures, rules, and (j) TERMINATION OF GUARANTEE AUTHORITY.— State Department authorization bill, regulations established by the Board. The authority of the Board to make commit- all amendments in order pursuant to (2) TOTAL GUARANTEE LIMIT.—The aggregate ments to guarantee any loan under this section amount of loans guaranteed and outstanding at shall terminate on December 31, 2001. the consent agreement of June 10 must any 1 time under this section shall not exceed (k) REGULATORY ACTION.—Not later than 60 be offered and debated during Friday’s $500,000,000. days after the date of enactment of this Act, the session of the Senate. I further ask June 18, 1999 CONGRESSIONAL RECORD — SENATE S7251 consent that any votes relative to the Mr. REID. There was an announce- Nance Foreign Relations Authorization bill occur in a stacked sequence begin- ment made by the leader yesterday bill, in memory and in honor of the ning at 5:30 p.m. on Monday, with 2 that there would be no votes occurring late chief of staff of the Foreign Rela- minutes for explanation prior to each after 11:45 a.m. today. There are people tions Committee, Bud Nance. vote. who have based their schedules on that The Foreign Relations Committee The PRESIDING OFFICER. Is there public announcement made yesterday. approved this bipartisan legislation objection? Mr. HELMS. I ask the Chair if the back in April—I believe on April 21st— Mr. BIDEN. Mr. President, reserving unanimous consent agreement stated by a vote of 17 to 1. the right to object, I will object. 11:45 a.m. This is the first authorization of The PRESIDING OFFICER. The Sen- Mr. REID. I am not sure there was a State Department activity since enact- ator will suspend. We will please have unanimous consent agreement. There ment last October on the Foreign Af- order in the body. was a public statement made. fairs Reform and Restructuring Act, The Senator from Delaware. The PRESIDING OFFICER. There is which required the consolidation of the Mr. BIDEN. Reserving the right to no agreement on limiting votes for the Arms Control and Disarmament Agen- object, I will object, and I want to ex- remainder of the day. cy and the U.S. Information Agency plain why. The reason I object is there The Senator from North Carolina. into the State Department. These were are several amendments from Senators Mr. HELMS. Mr. President, I believe temporary agencies. They were estab- who are not going to be able to be here I am authorized to say there will be no lished in the 1950s and were explicitly today. They are necessarily absent. So votes after 11:45 a.m. today. At least I and emphatically described as tem- they would be shut out completely will not participate in ordering them. porary agencies. from introducing their amendments. Mr. KERRY. Mr. President, I under- As Ronald Reagan said, there is noth- On behalf of the leadership, I object. stand a couple of Senators are out of ing so near eternal life as a temporary The PRESIDING OFFICER. Objec- town and therefore are not, even Federal agency. So what we did, we tion is heard. though they may want to, able to phys- folded two of those into the State De- Mr. BIDEN. Mr. President, with the ically meet the unanimous consent re- partment, their responsibilities, and permission of my colleague from North quest of the chairman. I wonder if the got rid of them. Carolina, I ask unanimous consent, purposes of the Senate in moving this Both of these temporary agencies with respect to the State Department legislation forward are not equally well were created about a half century ago, authorization bill, any amendments on served by narrowing the universe of and this effort by the Foreign Rela- the list of amendments in order to the amendments by requiring that they all tions Committee is the first time any State Department authorization bill be laid down before the hour when body has tried to do away with those must be filed at the desk by 11:30 there will be no further votes. We will nontemporary or temporary agencies. today, that there be no further votes then have a fixed universe of amend- The bill addresses several significant today, and the next vote would occur ments, and we can begin debating them oversight and authorization issues. It beginning at 5:30 on Monday. and proceed rapidly. proposes to strengthen and preserve The PRESIDING OFFICER. Is there Mr. HELMS. I am unable to pass the arms control verification functions objection? judgment on that. I suggest the ab- of the U.S. Government, while address- Mr. HELMS. I object. sence of a quorum. ing other nonproliferation matters as The PRESIDING OFFICER. Objec- The PRESIDING OFFICER. The well. tion is heard. clerk will call the roll. Mr. HELMS addressed the Chair. The assistant legislative clerk pro- The bill authorizes a 5-year $3 billion The PRESIDING OFFICER. The Sen- ceeded to call the roll. construction blueprint for upgrading ator from North Carolina. Mr. WELLSTONE. Mr. President, I U.S. embassies around the world to Mr. BIDEN. Will the Senator yield ask unanimous consent that the order provide secure environments for Amer- for a unanimous consent request relat- for the quorum call be dispensed with. ica’s personnel overseas. Unlike the ing to staff? The PRESIDING OFFICER. Is there funds provided more than a decade ago Mr. HELMS. Certainly. objection? in the wake of a report by Admiral PRIVILEGE OF THE FLOOR Mr. HELMS. I have to object. Inman calling for improved security of Mr. BIDEN. Mr. President, I ask The PRESIDING OFFICER. Objec- U.S. embassies, this bill creates a fire- unanimous consent the privilege of the tion is heard. The clerk will continue wall for funding from other State De- floor be granted to the following mem- calling the roll. partment expenditures which will en- bers of the minority staff of the For- The assistant legislative clerk con- sure that embassy funds are not raided eign Relations Committee: David tinued with the call of the roll. to pay for other State Department pet Auerswald, an American political Mr. HELMS. Mr. President, I ask projects. science fellow, and Joan Wadelton, a unanimous consent that the order for The bill makes some reforms to Pearson fellow, during the pendency of the quorum call be rescinded. strengthen the Foreign Service. Most the State Department authorization The PRESIDING OFFICER. Without Foreign Service officers are supportive bill, S. 886. objection, it is so ordered. of ensuring poor performing members The PRESIDING OFFICER. Without Mr. HELMS. Mr. President, I am a fa- of the Foreign Service are not auto- objection, it is so ordered. ther. Like everybody else, every daddy matically kept in the Service by stat- Mr. BIDEN. I thank the Senator from wants to get home, except a few who utes manipulated to protect unworthy North Carolina. will not give time agreements on their employees from discharge and/or per- The PRESIDING OFFICER. The Sen- amendments. So we will just have to sonnel actions. The changes in the bill ator from North Carolina. plow ahead and do the best we can. will streamline the grievance and dis- Mr. HELMS. Mr. President, on behalf On behalf of the Senate Committee ciplinary process stipulated by the For- of the majority leader, I suggest Sen- on Foreign Relations, I offer the for- eign Service Act. ators not leave town because there are eign relations authorization bill, ap- The bill augments a coordination and going to be additional votes today. proving specific State Department ac- oversight of the U.S. Government’s Having made that announcement, I tivities for fiscal years 2000 and 2001, role in assisting parents seeking return hope it is clear to all Senators we were including funds for payment of some of abducted children. These provisions willing to offer an agreement, but that dues arrearages to the United Nations are an outgrowth of the Foreign Rela- failing, we must proceed. and other international organizations tions Committee oversight hearing this Mr. REID. Will the Senator yield? conditioned upon reform of those insti- past year on the growing problem of Mr. HELMS. Yes, sir. tutions. international abduction of children in Mr. REID. I could not quite hear, but In the course of debate, the distin- disputes growing out of divorce and you indicated there would be votes dur- guished Senator from Delaware, Mr. separation. It is a real problem, I say ing today? BIDEN, and I will offer an amendment to the distinguished occupant of the Mr. HELMS. Yes, sir. naming this bill the Admiral James W. Chair. S7252 CONGRESSIONAL RECORD — SENATE June 18, 1999 Significantly, the bill includes a U.N. the same time his great gifts and tal- to the Manhattan Project, first in the Chi- reform package which includes pay- ent were still expanding. cago laboratory and then at Los Alamos. ments of arrearages in exchange for—I I knew Leonard and his wife, Rose- In later years, he seldom talked of his mary, through their son, Tim Rieser. bomb-related work, other than to say that reiterate for emphasis—in exchange for he had no interest in pursuing weapons work key reforms of and by the United Na- Tim has been the most extraordinary after the war. Al Baez, a physicist who met tions. advisor to me for many years, and he Rieser in the late 1940s while both were grad- I say parenthetically to the distin- holds the best attributes of his father: uate students at Stanford, said they became guished occupant of the Chair that on decency, a towering intellect, and a lifelong friends partly because of their mu- the day that Kofi Annan was des- constant search for knowledge. tual belief that scientists had a moral re- ignated to be the Secretary General of Leonard Rieser is a man who lived sponsibility to weigh the consequences of the United Nations, I called him and more in a decade than most people will their work. Rieser joined the Dartmouth College phys- invited him to come to Washington. We live in a lifetime. He accomplished in a ics faculty in 1952 and remained active in worked out a stipulated number of re- few years what others would be proud Dartmouth affairs until his death. He be- forms that had to be done before any to have as their life’s work. What is ex- came dean of the faculty, provost, and the thought or agreement could be consid- traordinary is that he did it for decade Sherman Fairchild Professor in the Sciences. ered regarding the so-called arrearages. after decade. During the socially and politically chaotic He agreed to that. He went back to In Vermont and throughout the Na- years of the late 1960s and early 1970s, he the United Nations and made some tion, expressions of sorrow but also of helped transform Dartmouth from a small other statements, but we are working admiration and gratitude for his life men’s liberal arts school into a more diverse coed institution. that out. poured in. We have all benefited by his Rieser retired as provost in 1982, the year Interestingly enough, we are getting life. He leaves a great void, especially he joined the board of the Bulletin, but he some support from the gentleman who for his wife, his sons, Tim, Leonard, remained chairman of Dartmouth’s Mont- probably will be confirmed in a week or and Ken, his daughter, Abby, his grand- gomery Endowment, which brings scholars, so as the new U.S. Ambassador to the children and all his friends. artists, and political figures to the campus United Nations who strongly favors the Mr. President, I ask unanimous con- for periods ranging from a week to a year. In reform of the United Nations. He stipu- sent that just one of the many tributes 1984, he became the founding director of the lated that to me yesterday. written about him be printed in the John Sloan Dickey Center for International Understanding at Dartmouth. The reform agenda required by this RECORD at this point. Despite his decision to follow a largely ad- bill, prior to the payment of any U.S. There being no objection, the tribute ministrative track, he remained passion- taxpayer dollars, has the full support was ordered to be printed in the ately committed to science, pure and ap- of the Secretary of State and the dis- RECORD, as follows: plied, and to the teaching of science. He was tinguished Senator from Delaware, Mr. [From the Bulletin of the Atomic Scientists, a member of the American Physical Society, BIDEN, and me. These reforms were ap- Mar./Apr. 1999] the American Association of Physics Teach- proved by the Senate during the 105th LEONARD M. RIESER, 1922–1998 ers, and the American Association for the Advancement of Science (AAAS). Congress by a vote of 90–5, but it was (By Mike Moore) Rieser chaired the AAAS’s Commission on vetoed by the President of the United Leonard M. Rieser, 76, who chaired the Science Education from 1966 to 1971, and he States. board of the Bulletin from 1985 to June of successively served as president-elect, presi- I thank the Chair, and I yield the last year, died in December of pancreatic dent, and chairman of the AAAS board in the floor. cancer. His tenure as chairman spanned a tu- early 1970s. He later chaired the association’s I believe we are going to have to have multuous era. When Rieser took the chair, Committee on Future Directions and the order, Mr. President. the Bulletin’s ‘‘Doomsday Clock’’ stood at Committee on Scientific Freedom and Re- The PRESIDING OFFICER. The Sen- three minutes to midnight and ‘‘Evil Em- sponsibility. pire’’ rhetoric still ricocheted back and forth ator is correct. There is not order in In 1974, Rieser was a co-founder of the across the Atlantic. Interciencia Association, an organization the body. But by late 1991, the United States and the based in Caracas that is dedicated to uniting Please, may we have order in the Soviet Union had signed the Strategic Arms scientific communities in the Americas, so body so we can proceed on this impor- Reduction Treaty, a coup attempt in the So- they can more effectively promote the wel- tant piece of legislation. Conversations viet Union had failed, and the United States fare of the people. He later served as presi- will please be taken off the floor. and Russia had begun to withdraw thousands dent of Interciencia, and he was still a direc- Mr. HELMS. Mr. President, I suggest of tactical nuclear weapons from forward de- tor at his death. the absence of a quorum until we can ployment. That fall, the board voted to move At various times, Rieser was president of the minute hand ‘‘off the scale’’—from 10 the New England Council on Graduate Edu- get order. minutes to 17 minutes to midnight. The PRESIDING OFFICER. The cation, an overseer at Harvard, a member of In speaking to the press after the meeting, the Commission on the International Ex- clerk will call the roll. Rieser displayed the rooted-in-the-real-world change of Scholars, a member of the Council The assistant legislative clerk pro- optimism that characterized his life. The on Humanities and Sciences at Stanford, a ceeded to call the roll. Cold War was clearly over, Leonard told the trustee of Hampshire College, and a trustee Mr. HELMS. Mr. President, I ask audience, as was the East-West arms race. of the Latin American Student Programs at unanimous consent that the order for That was a cause for celebration, and it sure- American Universities. the quorum call be rescinded. ly justified the unprecedented seven-minute In 1990, Rieser became a consultant to the The PRESIDING OFFICER. Without move. ‘‘But the world is still a dangerous John D. and Catherine T. MacArthur Foun- place and governments continue to pour vast objection, it is so ordered. dation in Chicago. For four years, beginning sums of money and intellectual capital into in 1993, he chaired MacArthur’s Fellows pro- Mr. HELMS. I am going to depart weaponry. The Bulletin has much work left gram—the so-called ‘‘genius grant’’ program from what we agreed to. The distin- to do. It will continue reporting on the de- in which scholars, artists, and innovators of guished Senator from Vermont needs 3 structiveness of seeking military solutions all description are awarded handsome sums minutes, he says, for a statement in to the world’s ills.’’ so they can more readily pursue their work the form of a eulogy. I yield that time He was surely right about the Bulletin by freeing them of financial constraints. to him. having more work to do. In 1995, the board The program’s yearly awards regularly The PRESIDING OFFICER. The Sen- moved the minute hand back onto the scale, make headlines. They have been applauded ator from Vermont is recognized for 3 to 14 minutes to midnight, in part because of as being imaginative and visionary and criti- the slow U.S. and Russian pace in cutting cized for being too offbeat, ‘‘too politically minutes. back nuclear arsenals. And last June, the correct.’’ LEONARD RIESER board moved the hand to nine minutes to ‘‘It was not a matter of ‘political correct- Mr. LEAHY. Mr. President, Vermont midnight, partly because of nuclear tests by ness,’ ’’ says Adele Simmons, president of and the United States lost one of its India and Pakistan, and partly because East- MacArthur. ‘‘Leonard delighted in finding most distinguished academics last win- West arms reductions were still agonizingly people not already being supported by main- ter. Leonard Rieser, a physicist, a pro- slow. stream institutions, and giving them an op- In December of 1942, Rieser, an under- portunity to look at institutions and issues fessor, a dean, and chairman of the graduate in physics at the University of Chi- in a new way, getting people to really board of the Bulletin of Atomic Sci- cago, enlisted in the army, but received a think.’’ entists, holder of so many titles that deferment so he could finish his degree. After Victor Rabinowitch, senior vice president we couldn’t repeat all of them, died at receiving his baccalaureate, he was assigned of MacArthur, said Rieser took particular June 18, 1999 CONGRESSIONAL RECORD — SENATE S7253 joy in mentoring younger people. ‘‘He loved cost transactions such as ‘‘payday’’ In much of the country, these companies to play that role. He was idealistic—but also loans, car title loans, or any other escape the routine scrutiny and regulations realistic. He believed in the goodness of peo- credit extension that extends beyond faced by banks, finance companies and pawn shops, because in some states they are too ple, a man of enormous decency. The secre- 100 percent per annum. I will go into taries all adored him—he listened to them.’’ new to have stirred much controversy and in An adjective often used to describe Rieser this in detail. I cannot right now in 3 others they have used political clout to stave is ‘‘graceful’’—in the sense that he was a minutes. I will put this piece in the off legislation. considerate man, a ‘‘gentleman’’ in the old- RECORD. I hope colleagues will read it. As of late last year, the Consumer Federa- fashioned use of the term. Listening, says It is really quite outrageous what these tion of America reported that 19 states, in- Barbara Gerstner, assistant provost at Dart- companies have been able to get away cluding all of those in New England, as well as Pennsylvania, Texas and Virginia, prohib- mouth, was one of Rieser’s greatest gifts. with. I look forward to having a debate ‘‘When he conducted a meeting, he made sure ited payday lending, most by limiting an- on this amendment on the bankruptcy nual, small-loan interest to less than 40 per- that everyone’s point of view was heard and bill. understood. A person could leave a meeting cent. But the federation said the 31 other unsatisfied with the result. But at least he Mr. President, I ask unanimous con- states, including New York and New Jersey, condoned it by law or by the absence of law. knew he had had a fair chance to be heard.’’ sent to have printed in the RECORD the article to which I referred. A spokesman for the New York State MacArthur’s Rabinowitch, who has at- Banking Department, Rick Hansen, disputed tended high-powered meetings throughout There being no objection, the article this assertion, saying the state’s usury law the world for most of his professional life, was ordered to be printed in the forbids charging more than 25 percent annual says simply: ‘‘Leonard was the most talented RECORD, as follows: interest on any loan. chairman I have ever seen.’’ [From the New York Times, June 18, 1999] The payday lenders say they are providing Dorothy Zinberg, on the faculty at Har- a vital service. As commercial banks have NEW LENDERS WITH HUGE FEES THRIVE ON vard’s John F. Kennedy School of Govern- shunned the poorest borrowers, in part by ment, recalls Rieser’s ability to put people WORKERS WITH DEBTS raising the minimum amounts they will at ease. She first met Leonard in the early (By Peter T. Kilborn) lend, people who need small sums to get over 1970s, when she ‘‘parachuted into Wash- KOKOMO, IND, June 16.—A year and a half a hump, like paying for a medical prescrip- ington’’ to serve as the ‘‘token woman’’ on ago, Doris Rude, a taxi driver who is partly tion or buying tires for a car, have few the AAAS’s Committee for Science and So- disabled by a herniated disc, was living at choices. These include people who are unable cial Responsibility. It was a small but steller the edge of her income of $300 a week and to get credit cards or who have charged or group that included former Chief Justice had just $5 in the bank. Then she received a exceeded their cards’ credit limits. Earl Warren and John Knowles, then presi- $1,900 hospital bill. With poor credit and no Industry leaders say comparing payday dent of the Rockefeller Foundation, and money, she turned in desperation to a new, lenders’ fees with annual interest rates is un- Alan Astin, a towering figure in Washington fast-growing American institution: The pay- fair because most of the loans are paid off science policy. Zinberg, who was then a day loan company. within a month. Consumer advocates consider the payday young professor at Harvard, was ill at ease. For a fee of $30, the company agreed to ad- lenders’ interest rates exorbitant. ‘‘Don’t worry,’’ said Leonard. ‘‘You have vance her a two-week loan of $100. To obtain every right to be here. Speak up.’’ That she ‘‘I know of loan sharks in New York who the loan, she wrote the company a check for wouldn’t charge this kind of interest,’’ said did, and she went on to serve on several more $130 that the lender greed to hold until her AAAS committees. Gary L. Calhoun, a lawyer here who provides next payday. With the $30 fee, the lender was legal services for members of the United In the early 1990s, Zinberg was a consult- charging her an annual interest rate that ant at the MacArthur Foundation and often Automobile Workers. consumer advocates say is 780 percent. State Representative Richard W. Bodiker found herself working closely with Rieser. But two weeks later, with no change in her of Indiana, a Democrat whose bill this year ‘‘Leonard challenged every statement to living expenses, her check was sure to to regulate the lenders fell to intense indus- make certain that no issue under discussion bounce. So the lender let Ms. Rude renew the try lobbying, calls the fees, ‘‘in excess of had been superficially examined. Behind the loan for another two weeks, for another $30 what usury laws consider loan-sharking.’’ boyish smile, the informal style, the casual fee. Soon she was bounding from one payday Robert C. Rochford, deputy counsel of the country clothes, and the droll humor lay a lender to another, six in all, borrowing from National Check Cashers Association, an in- steely determination to get things right.’’ the next to pay the accumulating fees of the dustry trade group, called such accusations Leonard M. Rieser, according to those who others. spurious. knew him well, did get it right. Ms. Rude had fallen into a trap that regu- ‘‘Loan-sharking involves coercive tactics Mr. LEAHY. Mr. President, I suggest lators worry is an increasingly common one, to collect the debt,’’ Mr. Rochford said. ‘‘No the absence of a quorum. not just for lower-paid workers like Ms. major direct deposit provider has been con- The PRESIDING OFFICER. The Rude but for higher-salaried ones as well. victed of that.’’ One reason for the lenders’ growth is peo- clerk will call the roll. Payday lending companies are sprouting up all over the country, having increased to ple’s comfort with debt. The nation’s savings Mr. WELLSTONE. Mr. President, I nearly 8,000 today from 300 seven years ago. rate, the percentage of people’s disposable ask unanimous consent for 3 minutes. Although this is the most prosperous peace- income that is saved, dropped to 0.5 percent The PRESIDING OFFICER. The Sen- time decade of the century, many workers last year and to nothing at all by earlier this ate is in a quorum call. have become trapped by debts run up in free year from 6 percent a decade ago. Rather Mr. WELLSTONE. I ask unanimous spending or have been driven deeper into than save, people are spending more than consent that the order for the quorum debt by misfortune. But these workers have ever and borrowing more than ever. the two basic things needed to obtain a pay- ‘‘We know there’s a pretty sizable group of call be dispensed with so I may have 3 folks whose credit cards are maxed out,’’ minutes as in morning business. day loan: paychecks and checking accounts. Although plentiful in big cities like New said Mark B. Tarpey, a supervisor in the con- The PRESIDING OFFICER. Is there York and Los Angeles, the payday lenders sumer finance division of the Indiana De- objection? Without objection, it is so have become most visible in places like Ko- partment of Financial Institutions. With payday lenders around, Mr. Tarpey ordered. komo; Springfield, Ohio, and Cleveland, said: ‘‘They don’t have to tell the boss they f Tenn. Ten have opened in Kokomo, a city of need a cash advance. They don’t have to give 45,000 people. up their TV’s and furniture. They don’t have THE BANKRUPTCY BILL Bearing names like Check Into Cash, to run a credit check.’’ Mr. WELLSTONE. I thank the Sen- Check ’n Go and Fast Cash, payday lenders Another reason is a level of unemploy- ator from North Carolina. It may take grant loans to workers against their next ment, 4.2 percent, that economists used to less than 3 minutes. paychecks. In return, the companies charge call unattainable. To succeed, payday lend- a ‘‘fee,’’ typically $15 to $35. At annual rates, I refer colleagues, and I will include ers need customers with bank accounts and the fees normally exceed 300 percent and 400 regular checks, in particular paychecks, and in the RECORD, to a piece today in the percent and in some cases they reach four these days, just about every able-bodied New York Times, front-page article, digits. adult receives one. the title of which is ‘‘New Lenders At least a dozen national chains have Under such conditions, said Mr. Rochford, With Huge Fees Thrive on Workers sprung up. The biggest, Ace Cash Express in the deputy counsel for the check cashers’ as- With Debts.’’ Irving, Tex., has around 900 stores and rev- sociation, payday lenders’ revenues will grow Some of my colleagues remember enue last year—what it collected in loan to $1.44 billion this year from $810 million that Senator Metzenbaum did a lot of fees—of $100 million, twice that of 1996. last year. Check Into Cash, in Cleveland, Tenn., re- Payday lending exists, Mr. Rochford said, work on this. When we do bring up the ported that its revenue had jumped to $21 ‘‘because there’s a need for it.’’ A short-term bankruptcy bill, I will have an amend- million in the first six months of 1998 from deferred deposit loan, the industry’s pre- ment which will prohibit claims in $10 million three years ago and $1 million ferred term, helps a worker through an emer- bankruptcy which rise from these high- five years ago. gency and is cheaper than bouncing a check. S7254 CONGRESSIONAL RECORD — SENATE June 18, 1999 Most banks do not make loans for less than month to obtain unpaid loans; others try to an annual interest rate of 19.8 percent, or $1,000, he said, and pawning is embarrassing. work longer with customers to avoid a law- about $2 a month on $100. Borrowers like a payday loan, Mr. suit. Mr. WELLSTONE. I suggest the ab- Rochford said, because ‘‘it is private,’’ add- David Hannum, coordinator of the Con- sence of a quorum. ing: ‘‘It is quick. And they do not need a lot sumer Credit Counseling Service, said bor- of documentation.’’ The fees cover loans that rowers kept paying the fees, digging them- The PRESIDING OFFICER. The turn sour, he said, and the cost of employees selves deeper into debt, out of fear that lend- clerk will call the roll. to process loans. ers would otherwise try to redeem their The assistant legislative clerk pro- Kokomo, about 50 miles north of Indianap- checks when they did not have money in the ceeded to call the roll. olis, may be a case in point. A steel and as- bank to cover them, further tainting their Mr. HELMS. Mr. President, I ask phalt city of immense new Daimler-Chrysler credit ratings. unanimous consent that the order for and Delphi-Delco automobile component fac- To tap into this market, Carol Brenner, 36, the quorum call be dispensed with. tories, Kokomo is fertile terrain for payday opened Quick Cash here in September. Ms. The PRESIDING OFFICER. Without lending. Brenner now has 350 clients, most of whom Strapped by bad credit and unmanageable return every week or two to have their loans objection, it is so ordered. or unexpected expenses, people here used to renewed or to pay them off, but then they f go to pawn shops for loans. But of three often take another a few days later. She FOREIGN RELATIONS AUTHORIZA- pawn shops here two years ago, one has charges less than most lenders: $20 for a two- TION ACT, FISCAL YEARS 2000 closed, and another, Bob’s, passed up renew- week $100 loan, for an annual percentage rate ing its license this month. Now people go to of 521 percent, and $30 for $200, or 391 percent. AND 2001 the city’s new payday lenders. Unlike some lenders, Ms. Brenner lets her The Senate continued the consider- Unemployment, which has exceeded 20 per- clients pay off portions of their loans as they ation of the bill. cent in Kokomo in recessions, was just 1.4 extend them and in that way work them percent in March, according to the latest Mr. HELMS. Mr. President, I know it down. And to avert probable trips to small- must appear to the Chair and others survey by the Kelley School of Business at claims court, she says she will not lend to Indiana University. About 20,000 people, people who already have more than two that this is sort of a disjointed way to roughly 40 percent of the area work force, is loans from other payday lenders. begin consideration of a major bill, but employed by automotive companies. They The biggest borrowers, many lenders say, we are trying to work out time agree- earn $50,000 to $60,000 a year and are the new are not Kokomo’s low-wage service workers, ments. Senators are being very cooper- lenders’ biggest customers. but auto industry employees who earn more ative. I think we are approaching some The payday lenders here approve most than $20 an hour. reconciliation on it; I am not sure. loans within 10 minutes. ‘‘No Credit Check, ‘‘Most of my customers are from Chrysler Instant Approval,’’ Easy Money’s flier prom- In the meantime, Senator SARBANES and Delco,’’ said Marc Sutherland, manager needs to get away for an important ap- ises. ‘‘The fastest way to payday,’’ read the of the Kokomo office of Nationwide Budget banners on the walls of Check ’n Go. Finance. pointment. How much time will the For this service, some states specify a Shari Harris, 39, who earns around $25,000 a Senator need? maximum fee of $15 on a one- or two-week year as an information security analyst, was Mr. SARBANES. This is the amend- loan of $100 or $200. In Indiana the limit is managing money well enough until the fa- ment I indicated I could do in 40 min- $33. At $33, the annual rate on a two-week ther of her two children, 10 and 4, stopped utes. Once the amendment is explained, $100 loan is 858 percent. paying $1,200 a month in child support. I hope that the committee will accept And as borrowers amass loans, taking new ‘‘And then,’’ Ms. Harris said, ‘‘I learned ones to pay the fees on the others, the fast- it. I would be prepared to offer it now. about the payday loan places.’’ I have another amendment which will est way to payday becomes a fast way, too, She qualified immediately for a two-week to garnished wages and bankruptcy. $150 loan at Check Into Cash, handing it a take longer. Kathy Jo King, 41, earns almost $60,000 a check for $183 to include the $33 fee. ‘‘I start- I am prepared to go ahead and offer it year as an assembly-line worker at the ed maneuvering my way around until I was now if the chairman wishes. Daimler-Chrysler transmission plant. But with seven of them,’’ she said. Mr. HELMS. Why don’t we do that. she has no savings, in part because she is In six months, she owed $1,900 and was pay- Mr. REID. Mr. President, I say to the paying creditors $113 a week to work her way ing fees at a rate of $6,006 a year. ‘‘That’s the Senator from North Carolina, we are out of a bankruptcy that followed a serious sickness of it,’’ Ms. Harris said. ‘‘I was in the automobile accident and left her husband working on a unanimous consent re- hole worse than when I started. I had to fig- quest. Would the Senator allow us to partly disabled and both with high medical ure a way to get out of it.’’ bills. So she asked her employer to stop paying interrupt his statement if necessary? Then early last year, Ms. King and her hus- her wages into her checking account, Mr. SARBANES. Yes, absolutely. band and their boys, 18 and 11, had to move, emptying it, and putting her checks into a Mr. MURKOWSKI. Mr. President, if I incurring $1,500 in unexpected expenses. savings account. She stopped paying the bi- may interrupt for a moment on a mat- ‘‘I’ve got kids to feed,’’ she said. ‘‘I had to weekly fees to extend the loans, so the lend- ter of procedure, I recognize the dif- go do something.’’ With her credit in ruins, ers tried to redeem her checks. ‘‘I let them ficulty the leader has in trying to or- she could not go to a bank for a loan, so she all bounce,’’ she said. went to payday lenders. chestrate things in the body. I know he She took a second job, working in a depart- is working very diligently to try to ‘‘We did several payday loans all at once,’’ ment store, and turned to the Consumer Ms. King said. ‘‘They make you feel real at Credit Counseling Service, which worked out come up with time agreements and the ease about it.’’ She started paying off the a plan under which she is paying $440 a possibility of stacking votes and hold- loans bit by bit but became saddled with $200 month to work down the loans. ing them over until Monday. I remem- in fees alone every two weeks and could not Jean Ann Fox, director of consumer pro- ber that former Senator Jake Garn keep up. tection at the Consumer Federation of Amer- So one lender tried to redeem her last $330 sort of had an affinity for a family- ica and a prominent critic of payday lending, check covering a loan of $300 and a fee of $30. friendly process, and I want to com- said, ‘‘There’s nothing wrong with small She did not have money in the bank to cover mend the leadership for trying to fol- loans at reasonable interest rates, reason- the check and it bounced. The bank and the low that. able terms and reasonable collection prac- lender then charged her $80 in fees for a bad tices. I want to point out that I happen, by check. ‘‘But these practices are designed to keep coincidence, to live very far away. For Next, the lender sued, and Ms. King lost. you in perpetual debt.’’ me to make a Monday vote, I have to The court awarded the lender triple dam- leave Sunday night and fly all night to ages—$990, or three times the amount of the WHAT IT COSTS check, plus $150 in lawyer fees and $60 for An Expensive $100—A payday loan is a get here. If I leave on the very first court costs. With the $80 for bouncing the short-term cash advance, for a fee, to be paid flight from Fairbanks, AK, on Monday check, Ms. King owes $1,280 on her original off with a check that will be cashed on the and leave at 8 o’clock, I get arrive in loan of $330. borrower’s next payday. But with fees like Washington in the evening. Ordinarily, Currently, about 100 payday lenders suits $30 for a two-week loan of $100, they are far I don’t go back to my State on a week- against borrowers are on file in the Howard more expensive than even credit cards: end; I stay here. But Father’s Day and County Superior Court in Kokomo. Lenders Payday loan: $60 a month—A $30 fee for a Mother’s Day are fairly important, so I here also send out letters threatening their two-week $100 loan, renewed for two more intend to go to Alaska today. customers with imprisonment for bouncing a weeks; $100 cash loan—$60 $100 cash ad- loan check, although none is known to have vance—$5. Unfortunately, I will miss the tested the state penal code provision that Credit card: About $5 a month—A card stacked votes that are proposed on they invoke in making the threat. Some available to people with poor credit might Monday. I was inclined to object to the lenders start taking legal action within a have a 3 percent fee for a cash advance, plus unanimous-consent agreement, but in June 18, 1999 CONGRESSIONAL RECORD — SENATE S7255 the spirit of cordiality, which I have ents will understand. You can’t ask 99 pleted and passed in this body, not the pretty much maintained around here in Senators not to have a recorded vote least of which is the resolution spon- the last 19 years, I will defer to the because you have had a death in the sored by the four leaders and every- leadership. I wanted to explain this family. Sometimes it is an in-law. Peo- body else in the Senate, and basically a uniqueness to those who live in Chi- ple understand if you can’t be here. vast majority here, dealing with com- cago or for those who can take the Meanwhile, back in the jungle, we have mending the troops and all those who train next door. I wish I could. It is a to get our work done. So I ask for your were involved in the Kosovo war. That little different set of circumstances. indulgence. took some work between the two sides, I have made my concerns known. As I yield to Senator MURKOWSKI. and we worked that out. It is a beau- we plan events, I think we should rec- Mr. MURKOWSKI. My only frustra- tiful resolution. It is passed. If we had ognize there are a couple of special tion, I share with the leader, is that more time today, we would talk about days, and Father’s Day is one of them. the assumption today was that we were that. I have 11 grandchildren who are com- going to have some votes. As a con- Lots of things occurred here. There, ing, so sayonara. sequence, I made my plans accordingly of course, is some question as to Mr. LOTT. Mr. President, I certainly for a 2 o’clock airplane. I could have whether there are other things we wish the Senator from Alaska a won- gotten a 10:30 airplane. After 2 o’clock, would like to do. We have talked about derful trip. I know how important his there are no more airplanes. I share the the Patients’ Bill of Rights. But we family is to him. I also want to thank frustration of the leader who, obvi- have to say that we have accomplished him for his magnanimous decision not ously, is today accommodating a num- a great deal this week, and I think we to object to the stacked votes. I know ber of Senators who want to get out of should feel good about that. it is important to him to be here and here early, even though the leader said Having served in the other body and participate in recorded votes. I also today we are going to vote in the this body, I think every Senator who know his family is very important and morning at least. We did vote in the has served here for a matter of years Father’s Day is very important. He morning. It works both ways, Mr. appreciates the work of the leader in could have objected, but he decided not President. When the leader says so, the making this body one where we have to. I hope other Senators will follow consistency of that statement, I think, certainty as to our schedule. That has that example. I try very hard to ac- should be followed through, if I can been a big help. commodate every Senator on both make an appropriate suggestion. We had a vote this morning. We sides of the aisle. Mr. LOTT. I must say, if I may re- didn’t have as many people as we I fear that the problem in the Senate spond, it was our intent to have more thought, but we had a vote. Our time now is that I have been too accommo- votes, but obstructionists can quite wasn’t wasted this morning. The dating, because we try to work votes often prevail in the Senate. If some- progress made on this State Depart- around every Senator’s schedule, and it body objects, it is pretty hard to force ment bill, I think, is terrific. I have is absolutely out of control. I have Sen- a vote. On Monday, I could call up Ex- been involved in this bill when we have ators come in here and say: Oh, please, ecutive Calendar items. I can force taken more than a week to deal with please, please, don’t have another vote votes, but I prefer not to do that. I this bill. We will resolve this in a mat- after 9:30 on Friday. And other Sen- have never liked the so-called ‘‘bed ter of a few hours. ators say: You mean we are going to check’’ votes. I try to have votes on I appreciate the anxiety and frustra- vote Monday afternoon? substance. That is the problem. Today, tion of the leader, but we want to work I realize voting is a problem, but it is we had a blowup here at 9:45, and all with the leader and make sure we get required to move bills along. So I ask kinds of efforts to be reasonable and more done. I speak for everyone on this my colleagues to not get mad at me for get agreements came apart. I believe side. trying to get our work done. maybe by 11 o’clock, if enough people Mr. LOTT. I will use leader time to This week has been unusually pro- are gone, we can get this thing worked respond briefly. I thank Senator REID ductive. With this bill, if we could have out. for his comments. I note the fact he finished it today, we would have com- Mr. SARBANES. Will the majority was willing to work with us. We had pleted seven bills this week. Senator leader yield? the resolution worked out over a period REID and Senator DASCHLE share my Mr. LOTT. I am glad to yield. of several days, commending our troops frustration at what we go through. You Mr. SARBANES. Mr. President, I ap- and commending the President and would not believe the kinds of requests preciate the frustrations the majority others for their work in Kosovo. That we get from Senators not to have votes leader has to work under. But he has could have been difficult, could have during the middle of the day on Tues- just had a very productive week. We caused amendments, and there could day, or in the morning on Wednesday, passed half a dozen bills of consequence have been requests for recorded votes. or on Thursday afternoon. My col- here in the Senate this week. So I That was one of several things we leagues, it is just out of control. guess I would better understand this have done this week. I note the Sen- We try to say on Mondays or Fridays, reaction if we hadn’t done anything all ator from Nevada in his new role as the for good and valid reasons, we will not week. I thought we had a productive whip on the Democratic side has really have votes on occasion. We try to tell week. I am right next door here, so it made a difference. We appreciate his Members in advance. Because of a num- is easy for me. Sometimes you get cooperation. Quite often, it takes a lot ber of problems, we have notified both more with a carrot than you do with a of time to work through the pending sides of the aisle that there won’t be stick. amendments. He has been very helpful. votes next Friday, the 25th. But there Mr. LOTT. I don’t believe there has I am glad we had a good week. I am is a limit as to how much we can do. I been a majority leader since Mansfield hoping every week will be similar to was always used to working Monday who has used a carrot as much as this this week. I will keep working in that through Friday. I realize that when we majority leader. We don’t go late on effort. go home, we are still working. When we Mondays or Fridays. I yield the floor. tell Senators we are not going to have Mr. SARBANES. I acknowledge that The PRESIDING OFFICER. The Sen- votes before 5 on Monday or after 12 on the majority leader worked hard to try ator from Maryland. Friday, we still have difficulty. to make the calendar more family AMENDMENT NO. 689 I thank Senator MURKOWSKI for his friendly. (Purpose: To revise the deadlines with re- attitude. I must say to all the Senators Mr. LOTT. Thank you for doing that. spect to the retention of records of discipli- that we just have to be prepared to be Mr. REID. Mr. President, I say to the nary actions and the filing of grievances here and vote. majority leader and the others assem- within the Foreign Service) Here is another thing. Senators have bled here, not only have we done a good Mr. SARBANES. I have an amend- now gotten to where, when there is a job this week on those things we voted ment at the desk which I ask be called death in the family, they don’t even upon—major appropriations bills—but up. want to miss a vote. That is a terrible also there are a lot of things that have The PRESIDING OFFICER. The and difficult time, but your constitu- gotten a lot of attention that are com- clerk will report. S7256 CONGRESSIONAL RECORD — SENATE June 18, 1999 The assistant legislative clerk read them. Currently, promotion panels can posed change makes no distinction be- as follows: reinterpret old reports to select out tween a suspension of 1 day or 1 month, The Senator from Maryland [Mr. SAR- Foreign Service personnel using report between a minor infraction or a major BANES] proposes an amendment numbered statements which did not seem and violation. By failing to differentiate 689. were not intended at the time to be between minor and major violations, Mr. SARBANES. Mr. President, I ask negative. The promotion panels can go this change could have the unintended unanimous consent reading of the back to these old reports and reinter- effect either of extending the length of amendment be dispensed with. pret them. punishment beyond a reasonable time The PRESIDING OFFICER. Without The bill, as it is written, eliminates period or reducing the likelihood that objection, it is so ordered. the ability to challenge an old evalua- appropriate disciplinary actions will be The amendment is as follows: tion on the part of the employee. Civil imposed in the first place. The dis- On page 39, strike lines 14 and 15 and insert service employees have this protection ciplining authorities may forego im- the following: ‘‘for a period commensurate now. They can contest all bases cited posing these actions in the more minor with the seriousness of the offense, as deter- for their termination, regardless of cases because they know these things mined by Director General of the Foreign when the matter occurred. A Foreign will remain in the file perhaps for a Service, except that the personnel records shall retain any record with respect to a rep- Service employee should have the same long period—until tenure or the next rimand for not less than one year and any due process rights. promotion. record with respect to a suspension for not In fact, following this 1989 decision to This part of the amendment requires less than two years.’.’’. which I referred, the Foreign Service the Director General of the Foreign On page 41, line 16, strike ‘‘one year’’ and Association and the five foreign affairs Service to decide when taking a dis- all that follows through the end of line 22 agencies in the Government reached an ciplinary action what length of time it and insert the following: ‘‘two years after agreement under which employees may should remain in the employee’s record the occurrence giving rise to the grievance contest records to the extent they are based on the seriousness of the viola- or, in the case of a grievance with respect to the grievant’s rater or reviewer, one year used as a basis for grievable actions tion. In no case, however, would the after the date on which the grievant ceased taken against them. letter remain in the file less than 1 to be subject to rating or review by that per- Denying employees the ability to do year for a reprimand or 2 years for a son, but in no case less than two years after that, among other things, would lead suspension. the occurrence giving rise to the griev- to filing unnecessary preemptive griev- So we set, as it were, a minimum re- ance.’.’’. ances for fear they would be used quirement of 1 year for a reprimand Mr. SARBANES. Mr. President, I against them in the future. In other and 2 years for a suspension. Beyond hope the committee will find it pos- words, if you are going to say these old that, the Director General, at the time sible to accept this amendment. I will evaluations can’t be ‘‘grievanced,’’ of the disciplinary action, could indi- very briefly describe it. then it will serve as an incentive to cate the additional length of time, as it This amendment seeks to address contest more evaluations earlier. were, that the disciplinary action two provisions in the bill which affect This amendment restores the limited would remain in the employee’s file. I the rights of those who serve in the right, if an old evaluation is used to think this accomplishes the purpose of Foreign Service. The first problem challenge it, and it would preclude the distinguishing between major and deals with the time period given in need for such preemptive grievances. minor infractions, in a sense. It does order to file a grievance. Under the That is the first part of the amend- not put the minor infractions in there current system, employees have a pe- ment. It seems to me to make eminent indefinitely or until tenure or pro- riod of 3 years to file a grievance; that good sense to do this. I have tried to motion is reached, but it does permit is the current law, 3 years. The bill take into account some of what the the Director General, on the major in- does two things: It reduces that period committee was seeking to accomplish. fractions, to extend them beyond the to 1 year. It will take away the em- As I have indicated, we accept bringing minimum of 1 year for a reprimand or ployee’s right, which was upheld by a the 3 years down, but we think it 2 years for a suspension. 1989 decision by the Foreign Service should come down to 2. I think taking In both instances here I have tried to Labor Relations Board, to challenge an it to 1 is going too far. The employees take into account what I have per- old evaluation that has been used overseas would have a difficult time ceived to be the concerns of the com- against them. because they don’t get the home leave mittee in including these provisions. It does two things. The amendment for 18 months. Neither proposal, in effect, eliminates addresses those issues. It extends the The second part of the amendment the committee provisions. It only seeks period for filing a grievance to 2 years. relates to the length of time a discipli- to modify them or to adjust them, and In other words, the committee bill nary action stays in an employee’s per- I think would make for a more equi- brings it down from 3 years to 1 year. sonnel file. Under the current system, table system. I very much hope the We put it back up to 2 years. a reprimand stays in the employee’s committee will find it possible to ac- Let me explain why I think this is file for 1 year and a suspension for 2 cept this amendment. important. Members of the Foreign years. The bill would extend that pe- The PRESIDING OFFICER. The Sen- Service have limited access to lawyers riod in all cases until the employee is ator from Delaware. and personnel files while they are over- tenured as a career member of the serv- Mr. BIDEN. Mr. President, I had a seas. This amendment, moving the pe- ice or next promoted. In effect, you very brief discussion with the chair- riod back up to 2 years, gives them may significantly lengthen the time in man of the committee about the second time to return to the United States on which these disciplinary actions stay part of the Senator’s amendment, home leave, which they are entitled to in the employee’s file. which I happen to support fully; that only after they have been at their post There is a balancing to be done be- is, instead of going from 3 years down for 18 months. They can come back on cause under the current system dis- to 1 year. All the reasons the Senator home leave in order to research and file ciplinary records are removed from the stated seem valid to me. A 2-year time their case. file after 1 or 2 years, no matter how period, it seems to me, is more reason- If the grievance is against an employ- serious. Therefore, they are not always able. I suspect the chairman may be in- ee’s supervisor, the employee would available to reviewers when a Foreign clined to agree with that. have 1 year after he or she ceased to be Service employee is considered for pro- With regard to the first part of the supervised by that individual to file motion. That is something we need to amendment of the Senator relating to the grievance. I think the fairness of look at. I understand the committee this issue of the seriousness of the of- that is obvious on its face. was focused on that. fense, right now it is 1 year and 2 years. In addition—and this is a com- The bill attempts to rectify this This would allow the State Department plicated, but I think important point— problem by requiring all records of dis- to make an independent judgment as to the amendment deletes the sentence ciplinary action to remain in the em- whether or not a reprimand or suspen- that would preclude employees from ployee’s file until the employee is sion should stay in the file beyond the grieving old evaluations used against tenured or next promoted. The pro- time period here. June 18, 1999 CONGRESSIONAL RECORD — SENATE S7257 I raise the question whether or not to try to work this out. I think we can 1997—changes that were made to reflect we may be able to work something out. work out the issue of the nature of the the time that has passed since the deal I have not had a chance to talk to the seriousness of the offense through regs was devised in the 105th Congress. chairman about this to see whether it being submitted. This package meets the central ob- makes sense to him, but it seems to me I am told there is one other concern jective that I have—to pay back most the greatest difficulty with the first that is being suggested now. Right now of our back dues, or arrears—to the part of the amendment of the Senator, there is a floor of 2 years for suspen- United Nations. It provides for the pay- as it relates to the reforms we are try- sion. ment of $926 million in arrears, nearly ing to implement, is leaving open- Mr. SARBANES. We keep that floor. all that we owe to the United Nations, ended this notion of who determines Mr. BIDEN. Pardon me? over the course of three years, with the Mr. SARBANES. We keep that floor. the seriousness of the offense. Having amount of funding released in each the Director General of the Foreign Mr. BIDEN. I understand it, but rath- er than do this negotiation, probably year contingent on the achievement of Service determine the seriousness of specific reforms in the United Nations. the offense without us, the committee, on the floor, that is another part Sen- knowing how he or she will go about ator HELMS wants to take a look at. Significant changes have been made making that determination, in effect What I suggest is I think we are very to the final plan that we passed in the leaves a hole wide enough to eliminate close to being able to work this out. I last Congress: the reform. I am not asking my col- commit to the Senator we will attempt First, the bill provides a waiver for league from North Carolina to respond to do that. Obviously, if we do not, he the two toughest provisions in the to this yet. is entitled to a vote on this, but I am package—the requirement to achieve a I raised a moment ago in private inclined to believe we can do this and reduction to 20 percent in our regular with the Senator from Maryland accept it to his satisfaction in the budget assessment rate, and a require- whether or not he would be agreeable managers’ amendment. But we will ment to establish a ‘‘contested ar- to amend the first part of his amend- have between now and Monday evening rears’’ account for those arrears that ment to suggest the Director General to try to work that out, if he is willing are in dispute between the United had to submit to the Congress and the to do that? States and the United Nations. committee a set of regulations about Mr. SARBANES. Yes. I will be happy Seocnd, the bill provides more money how he or she would determine what to work with the committee members. upfront. A provision permitting the constitutes the seriousness of the of- I am trying to recognize the commit- President to waive $107 million in reim- fense; in other words, how that would tee’s concerns and, in a sense, simply bursements owed by the United Na- be determined. We would put the bur- fine-tune the language. I am not con- tions to the United States has been den on them to come back to us to tell tending in either instance that there is moved from ‘‘year three’’ to ‘‘year us, so we had some faith it would not no validity in the committee concerns. two’’ of the bill. This will allow $682 be an ad hoc way of approaching this I concede the validity of the committee million to be paid to the United Na- and we would have some sense of how concerns. But I am trying to fine-tune tions as soon as the ‘‘year one’’ and to proceed. this thing so I think it works in a bet- ‘‘year two’’ conditions are met. I do not know whether or not that is ter fashion. That is enough to cover most of our amenable. It obviously needs to be Does the Senator want me to request $712 million debt to the regular and fleshed out more than I have just out- it be temporarily laid aside so others peacekeeping budgets, which together lined it, whether or not that is ame- can offer amendments? constitute the bulk of our arrears. I nable to the chairman. But I suggest Mr. BIDEN. I suggest that, if the should emphasize here that a signifi- there is a possibility that the Senator, Senator is willing to do that. cant amount of this funding—$575 mil- if he is willing, could work with us to Mr. SARBANES. Mr. President, I ask lion—has already been appropriated in see if we could work out some proce- unanimous consent this amendment be the last two fiscal years. dure that may enable the chairman to temporarily set aside, thereby opening agree, for his part, to accept the the way for other Members to offer I expect that the third year of fund- amendment. Is the Senator amenable amendments. ing will be appropriated this year—be- to that approach, I ask the Senator The PRESIDING OFFICER (Mr. cause this money is exempt from the from Maryland? INHOFE). Without objection, it is so or- limits imposed by the 1997 Balanced Mr. SARBANES. Let me say to my dered. Budget Act. So once we pass this bill, distinguished colleague, I think we The PRESIDING OFFICER. The Sen- and the Secretary of State makes the could work something out. I am not ator from Delaware. necessary certifications, the money trying to create a situation in which Mr. BIDEN. Mr. President, today we can begin to flow. the Director General can simply end up begin consideration of the State De- This package is the product of retaining the current system. Because, partment Authorization Act for fiscal lengthy negotiations that began over as I understand it, the committee’s year 2000 and 2001, which was reported two years ago. concern was that these disciplinary out of the committee 17–1. The final details of this revised pack- records were taken out of the file after Mr. President, as I said, today the age were negotiated earlier this year 1 or 2 years, no matter how serious, and Senate begins consideration of the between the chairman, the Secretary of therefore they were not always avail- State Department Authorization Act State, and me. It is supported by the able for review when a Foreign Service for Fiscal Years 2000 and 2001. The bill Clinton administration. employee was considered for pro- was reported by the Committee on For- I think we have a good deal here. It motion. So the committee said, all eign Relations on April 21 by an over- is not everything that I wanted. It is right, we are going to keep it in the whelming vote of 17 to 1. not everything that the Secretary of The bill contains several titles, record until you are tenured or you are State wanted. And it is not everything which Chairman HELMS has just sum- next promoted. the chairman wanted. That is the es- I think that is reasonable to do for marize. Let me just take a few minutes sence of compromise. And this is a serious violations, but I think we need to highlight the major provisions of solid compromise that I hope our col- to create a differentiation between se- the bill. rious violations and what would be First the bill revives the so-called leagues will support. minor infractions. But I think if we re- Helms-Biden legislation on paying our Let me briefly discuss a few other quire regulations be proposed that overdue bills to the United Nations. provisions in the bill. would define that difference and that This proposal, I remind my col- First, we fully funded the President’s would be submitted to the committee, leagues, was approved by the Senate in budget request for most of the bill, in- it seems to me maybe that would work June 1997 by a 90 to 5 vote. Unfortu- cluding the operating accounts of the it out in a way that is amenable to ev- nately, it was ultimately sidetracked Department of State, international and eryone. by the other body in the last Congress. cultural exchanges, and international Mr. BIDEN. I say to my friend from The version in this bill contains sev- broadcasting operations such as the Maryland, I appreciate his willingness eral changes from the bill approved in Voice of America. S7258 CONGRESSIONAL RECORD — SENATE June 18, 1999 Second, we developed bipartisan leg- Second, we will oppose any measures reaucracy at the United Nations. I do islation to improve security at our em- dealing with ‘‘sanctions reform’’ or im- not hear anyone coming to the floor bassies. The tragic bombings of our em- posing new sanctions. saying that the United States should bassies in Kenya and Tanzania last Au- The chairman has scheduled hearings pay more. Everybody says we should gust underscored the vulnerability of for next month to consider the various pay less as a percentage. I do not hear our diplomatic posts. Some 80 percent bills on sanctions reforms that are anyone arguing about the substance of our embassies do not meet govern- pending in the committee; therefore, it the chairman has been insisting on for ment security standards for setback would be premature to consider amend- years. from the street. ments on that subject at this time. We are down to: Are we doing it the An official review chaired by retired I pay public tribute to the chairman. right way? It reminds me of an expres- Admiral William Crowe concluded that Quite frankly, his leadership and the sion—I will probably get myself in there had been a ‘‘collective failure’’ in consensus which he has built in the trouble with the French Government— the U.S. Government in failing to ad- committee in the last 18 months has which I think is classic. I was meeting dress security at our embassies over- been remarkable. This bill is a product with a State Department person, who seas, and called on the government to of JESSE HELMS. will remain nameless, in a very signifi- devote $1.4 billion a year over each of There are some serious, significant cant position, negotiating a very sig- the next ten years to strengthen secu- changes we make—one of which I will nificant agreement with the French rity. speak to in a moment—with the United relative to NATO. That is as much as I The bill before the Senate authorizes Nations. That is through the persist- will say about it. $3 billion over the next five years for ence of my friend from North Carolina. I asked this fellow: Are the French construction of more secure facilities. As my mom might say, everyone is ca- going to agree with this? This meets the President’s requested pable of redemption, and of late, the He said: Yes, I think they will, but it funding level, and accelerates it by a State Department has finally redeemed is kind of difficult. year. Even though it is the amount itself on this one. I am confident—the I said: What do you mean? He said: My friend’s counterpart duly that the President sought, we must Senator is correct—if and when Mr. said to me last night, ‘‘Yes, yes, yes, recognize that it is just the beginning Holbrooke is confirmed, we will have this will work in practice, but will it of what must be a sustained program of an advocate for the Senator’s position work in principle?’’ enhancing security. at the United Nations. That is what we are hung up on here. Working overseas is dangerous. We This bill contains several titles What the Senator has suggested in can never make our embassies bomb- which the chairman has summarized. I these reforms is practically what ev- proof or risk-free. But we owe it to our will take a few minutes to highlight eryone has acknowledged is needed. dedicated employees who work over- the major provisions of the bill from What we have been hung up on is the seas to provide the resources necessary my perspective. principle of whether or not it should be to minimize known risks. First, the bill revives the so-called done the way in which we are doing it. Third, the bill provides for the estab- Helms-Biden legislation on paying our On the other side of the equation, no- lishment of a new Assistant Secretary overdue bills at the United Nations. body argues that if we do not come up of State for Verification and Compli- The Senator from North Carolina and I with this $926 million we are going to ance, which will carry out a function have always been friends. We have be- badly hurt the United Nations. We are that was handled at an equivalent level come very close friends, and we suffer hurting our allies, we are hurting Eng- in the former Arms Control and Disar- from the same problem: Our friends get land, we are hurting the Germans, we mament Agency. very angry with us when we com- are hurting others, because over $700 The verification function has long promise. million of this money is for peace- been headed by a Senate-confirmed of- I am sure the friends of the Senator keeping accounts that we agreed to ficial, and for good reason. Once a trea- from North Carolina are very angry sign on to with the Brits, with the ty is signed, we don’t want its enforce- that he has worked out a solution to French, with the Germans, and with ment to be lost in the bureaucratic the so-called arrearages to get this our NATO allies. shuffle. Moreover, the existence this moving, and Senator BIDEN’s friends, I think and I hope, I say to the chair- office will be of considerable impor- on my side of the aisle, are very angry man, a little bit of reason is seeping tance in obtaining Senate approval of that I have agreed to it because they into this debate—I hope. future arms control treaties. think it should be more. I guess I am preaching to the choir Fourth, the bill reauthorizes Radio The bottom line is, we have done here, but hopefully some of the con- Free Asia, which began broadcasting in some good work. The Senate acted on gregation on the House side will hear 1996 pursuant to legislation that I in- what we did once before. It was the what the choir is saying, because it is troduced. herculean efforts of the Senator from very important that we finally settle Although it has been on the air less North Carolina, taking on folks on his this issue and put it to bed. than three years, Radio Free Asia al- side of the aisle, which came to naught, The version in this bill contains sev- ready plays an important role in pro- and the not so herculean efforts on my eral changes from the bill approved in viding news and information to the part to take on folks on my side of the 1997, changes that were made to reflect people living under dictatorial rule in aisle who did not think this was the time that has passed since the deal East Asia, particularly the People’s enough. We are back. we put together—the chairman actu- Republic of China, where freedom of Hopefully, a little reason has per- ally put together—devised in the 105th the press remains a distant dream. meated the environment and the Congress which made sense. Time has I am pleased that we are giving our purists on both sides will understand passed. We have had to make some ad- stamp of approval to continue the that what we have done is necessary in justments. I compliment and thank the radio at an increased level of funding. the national interest, very much in the chairman, as well as the Secretary of This bill is a solid piece of legislation interest of the American taxpayers, State, who was not overwhelmingly en- which enjoyed strong bipartisan sup- and is coupled to genuine reforms with thused about this approach. port in the Foreign Relations Com- which, when one thinks about it, no- We finally, through the leadership of mittee—as was reflected in the strong body really disagrees. the chairman actually, are all singing vote of 17 to 1 in the committee. The argument on my side of the aisle from the same hymnal, as they say up I want to join the chairman in put- is: We should not make them agree to my way. The State Department is on ting the Senate on notice in two re- the reforms by holding dues over their the same page now, the Senator is on spects. heads and holding arrearages over their the same page, I am on the same page, First, we will oppose any amend- heads. Nobody I have spoken with says hopefully, the House will get on the ments that address foreign assistance what Chairman HELMS wants is unrea- same page, and we can go on to the or security assistance. Those measures sonable. next hymn. do not belong on the State Department I do not hear anybody coming to the I think this package meets the cen- authorization bill. floor saying there is no bloated bu- tral objectives that we have, at least June 18, 1999 CONGRESSIONAL RECORD — SENATE S7259 the ones I have—to pay back most of Working overseas is dangerous. We in East Asia, particularly the People’s our so-called arrears to the United Na- can never make our embassies bomb- Republic of China, where freedom of tions. It provides for a payment of $926 proof or risk-free. But we owe it to our the press remains a distant dream. I million in arrears—nearly all of that dedicated employees who work over- am pleased that we are giving our we owe to the United Nations—over the seas to provide resources necessary to stamp of approval to continue the course of 3 years, with the amount of minimize the known risk. radio at increased levels of funding to funding released in each year contin- Third, the bill provides for the estab- make it workable. gent on achievement of specific re- lishment of a new Assistant Secretary There is much more to say, but I will forms in the United Nations. of State for Verification and Compli- stop at this point in the interest of ac- This package is a product of very ance, who will carry out a function commodating my colleagues. But this lengthy negotiations begun over 2 that was handled at the equivalent bill is a solid piece of legislation which years ago. The details of this revised level in the former Arms Control and enjoys strong bipartisan support in the package were negotiated earlier this Disarmament Agency. Foreign Relations Committee. Again, I year between the chairman, the Sec- I might add, all we are doing now is want to remind everybody, this, as the retary of State, and me. It is now sup- putting in place what the distinguished defense authorization bill, usually at- ported by the Clinton administration. I chairman is the father of, and that is a tracts every contentious issue that is think we have a good deal. It is not ev- significant reorganization of the State out there. It is because of the leader- erything I wanted, and it is not every- Department apparatus. When people ship of the chairman that we came out thing the Secretary wanted, and it is ask me, why was this so important to of the committee with a 17–1 vote. clearly not everything the chairman Senator HELMS and why did he work so My colleagues should understand—it wanted, but that is the essence of com- hard to get it done, I analogize it to is presumptuous for me to say this— promise. This is a solid compromise. I what our former colleague, Barry Gold- that this is a reflection of the fact that hope our colleagues will support it. water, did in terms of the reorganiza- what is in this bill is solid. It is a solid, Let me briefly discuss a few other tion of the Defense Department. It is as solid bill. We would not have gotten provisions of the bill. consequential, it is as significant, and I this kind of consensus out of an ideo- First, we fully funded the President’s believe it will be remembered as suc- logically divided committee but a com- budget request for most of the bill, in- cessful as Senator Goldwater’s initia- mittee where we are totally committed cluding the operations account in the tives were with regard to the Defense to making sure we have the strongest State Department, international and Department. ability, the greatest ability, to project cultural exchanges, and the inter- It basically takes us into the 21st our foreign policy around the world. national broadcasting operations, such century and recognizes how fundamen- as the Voice of America. tally changed the world is. I think he is Again, I thank the chairman for his Second, we developed a bipartisan to be complimented for it. I plan, as leadership. I still think people are legislative approach to improve the se- long as I am here, that every time we probably scratching their heads: How curity of our embassies. The tragic implement a new aspect of his reorga- do BIDEN and HELMS get along so well bombings of our embassies in Kenya nization plan, to remind our colleagues and produce such bipartisan ap- and Tanzania last August underscored why it is occurring. It is occurring be- proaches? Because I think we both re- the vulnerability of our diplomatic cause the Senator from North Carolina spect each other, but also because I un- posts. Some 80 percent of our embassies was as persistent as he was, and as con- derstand that the chairman’s motiva- do not meet Government security sistent as he is, in making sure this or- tion here is to make this committee’s standards for setbacks from the ganization is modernized. work a product that can pass the bipar- streets, just to state one aspect of the The verification function had long tisan muster of the Senate and the problem. been headed by a Senate confirmed of- Congress. I compliment him again for The official review, chaired by re- ficial, and for a good reason. Once a his leadership. tired Admiral William Crowe, con- treaty was signed, we did not want its I yield the floor. cluded that there had been a ‘‘collec- enforcement to be lost in the bureau- Mr. HELMS addressed the Chair. tive failure’’ in the U.S. Government in cratic shuffle. Moreover, the existence The PRESIDING OFFICER (Mr. ROB- failing to address the security of our of this office will be of considerable im- ERTS). The Senator from North Caro- embassies overseas and called on the portance to obtaining Senate approval lina. Government to devote $1.4 billion a of future treaties. Mr. HELMS. Mr. President, the dis- year over each of the next 10 years to Fourth, the bill reauthorizes Radio tinguished Senator, the ranking mem- strengthen security. Free Asia, which began broadcasting in ber of the Foreign Relations Com- The bill before the Senate authorizes 1996 pursuant to legislation I intro- mittee, Mr. BIDEN, is far too generous. $3 billion over the next 5 years for the duced. Several times in the past year or two, construction of more secure facilities. I must tell you that we all have our former Secretaries of State, and other This meets the President’s requested pet initiatives that we care a great past foreign policy officials of this funding level and accelerates it by a deal about because we think they have Government, have said that the For- year. Even though it is the amount a significant impact on our security eign Relations Committee is now rel- that the President sought, we must and our interests. I have been fero- evant. I think that is a high com- recognize that it is just the beginning cious, and some suggest too vocal, in pliment to the committee. of what must be a sustained program of my support of the radios. enhancing security. But I want to again publicly thank But it would not have happened if it I know my colleague in the Chair the chairman, who maybe disagreed had not been for JOE BIDEN. When JOE knows better than anybody in this with me in some aspects of this, but BIDEN became—by his choice—the building what it is like to have a Gov- was willing to go along with my basic ranking member of the Foreign Rela- ernment building vulnerable to and approach on how to deal with the ra- tions Committee, when I became chair- subject to terrorist attacks. No one dios. I know, from his many years dur- man, we made a pact that we would knows the tragedy that flows from that ing the cold war, of his devotion to work together. I have not enjoyed any better than the Presiding Officer. Radio Free Europe and Voice of Amer- other of my services in the Senate We are as exposed in our foreign em- ica. I appreciate his lending his consid- more than the cooperation with him. bassies around the world as buildings erable support and weight to the way I have just been amazed at how much are in this town. We cannot and we in which we are approaching, under the he has learned about foreign policy should not become ‘‘Fortress America’’ reorganization, the so-called radios. since we have been on opposite sides of internally. But we must do the reason- Although it has been on the air less the committee. I have gotten to know able things that can be done outside of than 3 years, by the way, Radio Free JOE BIDEN well. He is a good partner, a the country in hostile environments or Asia already plays an important role in good Senator, and an expert on foreign environments where we have less con- providing news and information for policy. And I compliment him. trol over the protection of our citizens. people living under the dictatorial rule Mr. BIDEN. I thank the Senator. S7260 CONGRESSIONAL RECORD — SENATE June 18, 1999 UNANIMOUS CONSENT AGREEMENT the steel quota bill, and send a cloture The PRESIDING OFFICER. Without Mr. LOTT. Mr. President, I ask the motion to the desk. objection, it is so ordered. chairman to yield so that I may enter The PRESIDING OFFICER. The clo- this unanimous consent agreement. ture motion having been presented f I join in that exchange of com- under rule XXII, the Chair directs the pliments to each Senator. I commend clerk to read the motion. FOREIGN RELATIONS AUTHORIZA- the chairman of the committee and the The legislative clerk read as follows: TION ACT, FISCAL YEARS 2000 ranking member on the Democratic CLOTURE MOTION AND 2001 side, Senator BIDEN. Senator HELMS, We the undersigned Senators, in accord- you have done a great job. I know you ance with the provisions of Rule XXII of The Mr. HELMS. Mr. President, I submit Standing Rules of the Senate, do hereby have put a lot of time and energy into for the RECORD a Congressional Budget this particular bill, and we would not move to bring to a close debate on the mo- tion to proceed to Calendar No. 66, H.R. 975, Office cost estimate for S. 886, the be here without your persistence and The Steel Import Limitation Bill: pending legislation. The estimate was without the cooperation of Senator Trent Lott, Rick Santorum, Mike not available at the time the com- BIDEN. DeWine, Jesse Helms, Ted Stevens, mittee report was filed. It is an important bill. When you Harry Reid, Byron Dorgan, Orrin showed up in my office a week or so Hatch, Jay Rockefeller, Robert C. I ask unanimous consent that this ago and said we are ready to go, we Byrd, Robert Torricelli, Fritz Hollings, CBO cost estimate be printed in the need to do this, I was determined we Pat Roberts, Arlen Specter, Richard RECORD. would find a place to do it. I think you Shelby, and Craig Thomas. There being no objection, the mate- have now worked through an agree- Mr. LOTT. For the information of all rial was ordered to be printed in the ment that will allow us to get it com- Senators, this cloture vote will occur RECORD, as follows: pleted and final passage, hopefully, Tuesday, June 22. Monday afternoon. I would like to Mr. President, before I complete CONGRESSIONAL BUDGET OFFICE COST ESTIMATE enter into this unanimous consent re- that, I suggest the absence of a S. 886.—Foreign Relations Authorization Act, quest and thank both of you for the quorum. Fiscal Years 2000 and 2001—As reported by outstanding work that you are doing. The PRESIDING OFFICER. The the Senate Committee on Foreign Relations I ask unanimous consent that with clerk will call the roll. on April 27, 1999 The legislative assistant proceeded respect to the State Department au- Summary: The bill would authorize appro- thorization bill, all amendments must to call the roll. Mr. LOTT. Mr. President, I ask unan- priations for the Department of State and re- be filed by 11:45 today, with the excep- imous consent that the order for the lated agencies for 2000 and 2001. CBO esti- tion of the managers’ amendment and quorum call be rescinded. mates that appropriation of the authorized any second-degree amendments. The PRESIDING OFFICER. Without amounts would result in additional discre- I further ask that any votes ordered tionary spending of $13.6 billion over the objection, it is so ordered. with respect to amendments be stacked 2000–2004 period. Because the legislation at a time to be determined by the ma- CALL OF THE ROLL would affect direct spending and revenues, Mr. LOTT. Mr. President, cloture pay-as-you-go procedures would apply; the jority leader and the Democratic lead- will occur Tuesday, June 22. I ask er, and the following amendments lim- net impact would generally be less than unanimous consent that the vote occur $500,000 a year. ited to the following times, to be equal- at 12:15 p.m. on Tuesday, and the man- ly divided in the usual form. Section 4 of the Unfunded Mandates Re- The amendments are as follows: Dodd datory quorum under rule XXII be form Act (UMRA) excludes from the applica- waived. tion of that act any provisions that are nec- amendment regarding the inspector The PRESIDING OFFICER. Without general, 30 minutes; Sarbanes amend- essary for the national security or the ratifi- objection, it is so ordered. cation or implementation of international ment No. 689; Wellstone amendment re- Mr. LOTT. I now withdraw the mo- treaty obligations. CBO has determined that garding child soldiers, 90 minutes; tion to proceed. the provisions in title VI of S. 886 either fall Wellstone-Harkin, ILO convention The PRESIDING OFFICER. The mo- within that exclusion or contain no intergov- amendment, 30 minutes; Wellstone, tion is withdrawn. ernmental or private-sector mandates. All women and children amendment, 90 Mr. LOTT. Mr. President, in conclu- other titles of the bill contain no private- minutes; Feingold, war crimes in sion, I want to make it clear that while sector or intergovernmental mandates and Rwanda, 30 minutes; Sarbanes amend- I am calling up this steel quota bill and would have no significant effects on the ment with regard to the U.N., 2 hours; signed the cloture motion, it is because budgets of state, local, or tribal govern- Feingold amendment regarding NED, I think this is an important issue and ments. 40 minutes; the Leahy amendment re- because I made commitments to Sen- Estimated Cost to the Federal Govern- garding East Timor, 20 minutes; the ators that we would have a vote on this ment: The estimated budgetary impact of S. issue. 886 is shown in the following table. The costs Helms-Biden managers’ amendment; of this legislation fall within budget func- the Feinstein arms trafficking amend- I do not think cloture should be in- voked. I do not think this bill should tions 150 (international affairs) and 300 (nat- ment, 30 minutes; and a relevant ural resources and environment). amendment by the majority leader and pass. I think it would be a very large the Democratic leader. mistake if we pass it. I want to make By fiscal year, in millions of dollars— that clear. Before the Chair rules, let me say 1999 2000 2001 2002 2003 2004 again, the managers’ packet will in- I am not in any way supporting it. I clude the following: Amendments of- urge my colleagues on both sides of the SPENDING SUBJECT TO aisle to think about this vote very APPROPRIATION fered by Senators ABRAHAM, ASHCROFT, Spending Under Current Law 1: KENNEDY, DODD, DURBIN, MOYNIHAN, carefully. We have already had one Budget Authority 2 ...... 7,488 0 0 0 0 0 steel-related issue passed by the Sen- Estimated Outlays ...... 5,747 1,296 1,177 468 145 74 REID of Nevada, BINGAMAN, THOMAS, Proposed Changes: BIDEN, LUGAR, GRAMS, another one by ate. If we start down the trail of impos- Administration of Foreign Af- ing quotas, I think it will not be well fairs: LUGAR, and others that have been Authorization Level ...... 0 4,041 4,041 600 600 600 cleared by the two managers. received in the financial markets, and Estimated Outlays ...... 0 2,701 3,224 844 662 617 The PRESIDING OFFICER. Is there it is going in a different direction from International Organizations and Conferences: objection? what we have been trying to do. I want Authorization Level ...... 0 1,506 1,155 0 0 0 Without objection, it is so ordered. to make sure the record is clear from Estimated Outlays ...... 0 1,230 1,052 375 2 0 Mr. LOTT. In light of the agreement, Refugee Assistance and the beginning. Other Programs: there will be no further votes today, With that, I yield the floor, and I Authorization Level ...... 0 665 665 0 0 0 and the next votes will occur at 5:30 on suggest the absence of a quorum. Estimated Outlays ...... 0 459 648 193 7 3 International Broadcasting Monday. The PRESIDING OFFICER. The and Exchange: f clerk will call the roll. Authorization Level ...... 0 723 723 0 0 0 The legislative assistant proceeded Estimated Outlays ...... 0 512 680 197 39 12 REDUCTION IN VOLUME STEEL International Commissions: to call the roll. Authorization Level ...... 0 50 50 0 0 0 IMPORTS—MOTION TO PROCEED Mr. HELMS. Mr. President, I ask Estimated Outlays ...... 0 39 46 9 5 2 Subtotal of Proposed Mr. LOTT. Mr. President, I move to unanimous consent that the order for Changes: proceed to Calendar No. 66, H.R. 975, the quorum call be rescinded. Authorization Level .. 0 6,986 6,635 600 600 600 June 18, 1999 CONGRESSIONAL RECORD — SENATE S7261

By fiscal year, in millions of dollars— ther higher or lower than the amounts spe- years; however, sales of real property could cifically authorized in the bill for contribu- net over $500,000 in rare instances 1999 2000 2001 2002 2003 2004 tions to international organizations and pro- Thrift Savings Plan. CBO estimates that Estimated Outlays ... 0 4,941 5,650 1,618 715 634 grams. Therefore, CBO estimates no change section 332, discussed above, would reduce in- Spending Under S. 886 1: in spending from this provision. come tax receipts by less than $100,000 annu- Authorization Level 2 ...... 7,488 6,986 6,635 600 600 600 Miscellaneous Provisions. The bill includes ally. Under current law, federal employees Estimated Outlays ...... 5,747 6,237 6,827 2,086 860 708 several provisions that would combine to can count service with an international or- DIRECT SPENDING AND REVENUES cost about $1 million annually, but each pro- ganization towards their retirement annuity, Proposed Changes to Direct vision would probably cost less than $500,000 but they cannot participate in TSP during Spending: Estimated Budget Authority ...... 0 (3) (3) (3) (3) (3) a year. The individual budgetary impacts are this period. Under S. 886, employees who are Estimated Outlays ...... 0 (3) (3) (3) (3) (3) insignificant because they would involve covered by the Foreign Service Pension Sys- Proposed Changes to Revenues .... 0 (3) (3) (3) (3) (3) small payments to a few people. tem or the Federal Employees’ Retirement 1 The program covered here include the conduct of foreign affairs, infor- Section 312 would allow U.S. citizens hired System would be eligible to make retro- mation and exchange activities, and arrears to the United Nations. abroad to receive a different (usually higher) active contributions to TSP. Like all TSP 2 The 1999 level is the amount appropriated for that year. contributions, these retroactive contribu- 3 Less than $500,000. amount of compensation than a foreign na- tional employed in the same position. tions would not be subject to income tax Spending Subject to Appropriation. The bill Section 331 would grant employees living until distributed. According to information specifies authorizations of appropriations in the United States and working in Canada from the State Department, approximately that total $15.4 billion over the 2000–2004 pe- or Mexico adjustments for locality pay equal 90 federal employees are serving with inter- riod. In addition, it contains a number of to what they would receive if they worked national organizations at any one time. other provisions with potential budgetary nearby in the United States. Reimbursement from the United Nations. Sec- impacts. CBO estimates that the bill would Section 332 would allow federal employees tion 813 would require the President to seek result in outlays totaling $13.6 billion over who transfer to an international organiza- reimbursement for goods and services pro- the five-year period, assuming appropriation tion to make retroactive contributions to vided to the United Nations for peacekeeping of the authorized amounts. CBO assumes the Thrift Savings Plan (TSP) upon their re- operations and other emergencies. The Presi- that outlays would follow historical spend- turn to the federal government and to re- dent has authority to provide goods and ing patterns except for payments of arrears ceive matching government contributions services on a reimbursable basis and to cred- to the United Nations (U.N.). and lost earnings on their retroactive con- it reimbursements to current appropriations Arrears to the United Nations. Title IX tributions. (See the following section for the if the funds are received within 180 days after would authorize the appropriation of funds revenue effects of this provision.) the close of the fiscal year in which the serv- to pay amounts owed by the United States Section 333 would authorize allowances to ices were provided. This section would credit under various treaties to the U.N. and re- compensate dependents of a deceased em- the funds to current appropriations regard- lated agencies. Specifically, the bill would ployee who are returning to the United less of when the reimbursement is received authorize new appropriations totaling $244 States. or allow them to be used to offset peace- million for fiscal year 2000 and obligation of Section 334 would allow employees working keeping assessments if the funds cannot be previously appropriated amounts for 1998 and abroad who send a dependent to school away applied to any appropriation. The section 1999—$100 million and $475 million, respec- from their post to use an education allow- could reduce offsetting receipts, though CBO tively. In addition, subject to appropriation ance to pay for room, board, and periodic estimates that the loss of receipts would not action, the bill would authorize the Presi- travel between the post and the school. be significant. dent to forgo $107 million that the United Section 335 would authorize advances of During the mid-1990s, DoD provided $175 Nations owes the Department of Defense pay for employees with medical emergencies. million in goods and services on a reimburs- (DOD), in return for a corresponding reduc- Direct Spending and Revenues. The bill con- able basis to support U.N. peacekeeping ac- tion in U.S. payments owed to the United tains other provisions that would affect di- tivities. Most of the reimbursements were Nations. rect spending or revenues by less than deposited into the Treasury. In recent years, Appropriations for the 1998 and 1999 install- $500,000 in most years. however, the DoD has provided less than $1 ments have not been obligated pending an Machine Readable Visa. S. 886 would extend, million a year in goods and services to the authorization. CBO estimates that enact- through 2001, the Secretary of State’s au- United Nations. CBO expects this more re- ment of S. 886 would permit the $100 million thority to charge a fee for machine readable cent pattern to continue for the next five provided for 1998 to be obligated and dis- visas and border crossing cards and to spend years. bursed in 2000. S. 886 would retain the condi- the collections on consular activities. CBO Lockerbie Trial. Section 727 would authorize tions that were enacted in the 1999 appro- estimates the State Department would col- the President to seize and liquidate blocked priations act that are likely to delay obliga- lect and spend over $300 million in 2001 under Libyan assets to pay the reasonable costs of tion of the $475 million until 2001. Based on this authority. travel for certain individuals to attend the information from the Department of State, Deaths and Estates of U.S. Citizens Overseas. trial of those suspected of bombing Pan CBO estimates that the conditions attached Section 214 would expand the authority of American flight 103. The bill would authorize to the funding for 2000 are likely to delay the State Department to oversee and liq- payment of travel expenses to the Nether- their obligation and expenditure until at uidate the estates of U.S. citizens who lived lands for the immediate family members of least 2002. overseas but died intestate. Under current U.S. victims, and the authorized amount Fees for Affidavits of Support. Subject to ap- law, the department is authorized to take would be whatever is necessary to cover proval in advance in an appropriation act, possession of and dispose of estates. After a those expenses. According to information section 212 would authorize the State De- certain period, if no claims have been made from the Office of Foreign Assets Control, partment to charge a fee for helping to pre- against the estate, the proceeds from the there are currently $400 million in blocked pare certain affidavits as part of an immi- sale are transferred to the U.S. state in Libyan assets and roughly $600 million in grant visa application. Proceeds from the which the deceased citizen last lived. If the claims against them. fees would be deposited as offsetting collec- state is unknown, the proceeds are deposited Although CBO does not expect that this tions and would be available for spending, into the Treasury as miscellaneous receipts provision would have a significant net budg- subject to appropraiton. Based on informa- (revenues). etary impact over the next five years, liqui- tion from the department, CBO estimates The bill would make three substantive dating Libyan assets could create a claim that it would charge a $50 fee and collect changes that would increase miscellaneous against the U.S. government. Should the roughly $17 million a year. Because spending receipts. First, if the country in which the United States and Libyan governments re- would initially lag behind collections, this citizen died is unable to issue a death certifi- turn to normal relations, the United States provision would lower net outlays by $3 mil- cate, the State Department would issue a re- might be required to repay the funds or re- lion in 2000 and $1 million each year in 2001 port of death (or presumptive death), which duce the amount of compensation to other and 2002 before spending would completely would allow for the disposition of the estate. claimants. CBO estimates that transpor- offset collections. The $10 fee charged for the report would be tation and per diem for two weeks would Currency Fluctuations. In addition to the deposited in the Treasury. (The fee and other cost $3,000 per person. Depending on the bill’s specific authorizations for contribu- expenses associated with disposition of the number of family members that choose to at- tions to international organizations and pro- estate are paid by the estate.) Second, in- tend the trial and on the length of their stay, grams, section 801(f) would authorize such stead of transferring the proceeds of the sale costs could approach $500,000. sums as may be necessary in 2000 and 2001 to to the U.S. state, these proceeds would be de- Reimbursements From a State. Section 824 compensate for adverse fluctuations in ex- posited directly into the Treasury. Finally, would authorize the commissioner of the change rates that might affect those con- the bill would allow the State Department to International Boundary and Water Commis- tributions. Any funds appropriated for this take title to any real property. The depart- sion to accept and spend funds from state purpose would be obligated and expended ment would have the option to retain the and local governments. Upon request, those subject to certification by the Office of Man- property for its own use or sell it and deposit contributions would be used to provide tech- agement and Budget. Currency fluctuations the proceeds in the Treasury. CBO estimates nical tests, surveys, or similar services. CBO are extremely difficult to estimate in ad- that these changes would raise miscella- estimates that collections and spending vance, and they could result in spending ei- neous receipts by less than $500,000 in most would not be significant in any year. S7262 CONGRESSIONAL RECORD — SENATE June 18, 1999 Pay-as-you-go Considerations: The bill con- RECYCLING PROVISION OF While there are different bills being tains several provisions that affect direct SUPERFUND considered in the Senate at this time, spending and revenues; however, the net im- Mr. LOTT. Mr. President, 1 year ago both the minority leader and I stand pact is estimated to be less than $500,000 a committed to Superfund relief for year. the distinguished minority leader, Mr. Intergovernmental and Private-Sector Impact: DASCHLE, and I introduced S. 2180, the recyclables and we assure all Senators Section 4 of the Unfunded Mandates Reform Superfund Recycling Equity Act, to that the differences between the bills Act (UMRA) excludes from the application of overcome the unintended consequences in their recycling language will be ad- that act any provisions that are necessary of Superfund which continue to have dressed in the interest of moving for- for the national security or the ratification major negative impacts on recycling. ward with this needed legislation. With or implementation of international treaty There is widespread recognition of the the bipartisan support of this needed obligations. CBO has determined that the need for relief in this area, as evi- relief in place, Mr. President, it is es- provisions in title VI of S. 886 either fall sential to stress that relief for recy- within that exclusion or contain no intergov- denced by the number of Superfund ernmental or private-sector mandates. All bills that have been introduced since cling, an issue of fundamental fairness, other titles of the bill contain no private- the 103d Congress, as well as the meas- must be accomplished in this session. sector or intergovernmental mandates and ures being considered in this Congress, Mr. DASCHLE. Along with my Sen- would have no significant effects on the all of which include nearly identical re- ate colleagues, I have worked for years budgets of state, local, or tribal govern- cycling relief provisions. to reform Superfund, and by all ac- ments. I am grateful for the decision by Sen- counts the program has been vastly im- Estimate Prepared by: Federal Costs: Sunita ators CHAFEE and SMITH to include a proved over the past 6 years. Today, I D’Monte and Joseph C. Whitehill (226–2840) strong recycling provision in their reaffirm my commitment to work with for the Department of State; Gary Brown Superfund reform bill currently pend- the majority leader to ensure passage (226–2860) for the International Boundary and Water Commission; Eric Rollins (226–2820) for ing before the Environment and Public of needed Superfund relief for retirement benefits; and Jennifer Winkler Works Committee. This inclusion was recyclables in this session and urge (226–2880) for employee compensation. an important contributing reason to passage of a recycling bill. Impact on State, Local, and Tribal Govern- my decision to be an original cosponsor Mr. LOTT. In this regard, I applaud ments: Leo Lex (225–3220). of the Superfund Program Completion the efforts of Chairman SHUSTER and Impact on the Private Sector: Keith Act of 1999 (S. 1090). As the committee BOEHLERT, who have worked tirelessly Mattrick (226–2940). approaches a markup of its legislation, with their very competent staffs to Estimate Approved by: Robert A. Sunshine, I understand that the committee chair- Deputy Assistant Director for Budget Anal- help resolve the one significant re- ysis. man and subcommittee chairman are maining issue in contention. negotiating with their minority coun- Mr. President, I ask unanimous con- Mr. HELMS. Mr. President, I have terparts and the Environmental Pro- sent to have printed in the RECORD a ascertained that none of the Senators tection Agency in an effort to reach a copy of a recently negotiated and on the other side will be available this bipartisan consensus. In the spirit of signed agreement dealing with paper afternoon to offer their amendments or the last year’s Superfund Recycling scrap by all the affected parties. to discuss them. Since there is no Equity Act, which collected 63 cospon- There being no objection, the mate- Member here, or no amendment pend- sors from both sides of the aisle, I en- rial was ordered to be printed in the ing by anybody on this side, I think it dorse such an approach and look for- RECORD, as follows: would be an exercise in futility to con- ward to debating the bill on the Senate tinue to suggest quorum calls. INSTITUTE OF SCRAP floor. RECYCLING INDUSTRIES, INC., f Today, I am pleased to join the mi- Washington, DC, June 15, 1999. MORNING BUSINESS nority leader in bringing to the atten- Hon. TRENT LOTT, tion of the Senate the need to move ex- Majority Leader, U.S. Senate. Mr. HELMS. Mr. President, I ask peditiously in this regard, recognizing Hon. TOM DASCHLE, unanimous consent that the Senate that another year has passed without Minority Leader, U.S. Senate. now proceed to a period of morning needed relief for recyclers. Hon. JOHN H. CHAFEE, business with Senators permitted to Mr. DASCHLE. The distinguished Chairman, Committee on Environment and Pub- speak therein for up to 10 minutes majority leader is correct in noting the lic Works. Hon. MAX S. BAUCUS, each. attention of many bills directed at The PRESIDING OFFICER. Without Ranking Minority Member, Committee on Envi- Superfund relief for recyclers in this ronment and Public Works. objection, it is so ordered. session, the bipartisan interest in this Hon. ROBERT C. SMITH, f subject, and the broad based, bicameral Chairman, Superfund, Waste Control, and Risk commitment directed to correcting THE VERY BAD DEBT BOXSCORE Assessment Subcommittee. these unintended consequences. The Hon. FRANK R. LAUTENBERG, Mr. HELMS. Mr. President, at the Superfund Litigation Reduction and Ranking Minority Member, Superfund, Waste close of business yesterday, Thursday, Brownfields Cleanup Act of 1999 (S. Control, and Risk Assessment Subcommittee. Hon. TED STEVENS. June 17, 1999, the federal debt stood at 1105), introduced by Senators BAUCUS, Hon. BLANCHE LINCOLN. $5,585,233,665,272.21 (Five trillion, five LAUTENBERG, LINCOLN, and me, con- hundred eighty-five billion, two hun- DEAR SENATORS LOTT, DASCHLE, CHAFEE, tains a provision similar to the distin- BAUCUS, SMITH, LAUTENBERG, STEVENS, AND dred thirty-three million, six hundred guished majority leader’s and my bill, LINCOLN: We, the undersigned representa- sixty-five thousand, two hundred sev- S. 2180, introduced in this body 1 year tives of our respective entities, are writing enty-two dollars and twenty-one ago. to express our agreement with the attached cents). Mr. LOTT. I have worked for years consensus recycling amendment to the One year ago, June 17, 1998, the fed- with my colleagues to reform Super- ‘‘Superfund Program Completion Act of eral debt stood at $5,491,718,000,000 fund. We must put this important pro- 1999’’ (S. 1090), and the ‘‘Superfund Litiga- (Five trillion, four hundred ninety-one gram back on track to get the environ- tion Reduction and Brownfield Cleanup Act billion, seven hundred eighteen million of 1999’’ (S. 1105). This amendment has been ment cleaned up effectively and effi- negotiated over the last two months and re- dollars). ciently, with polluters paying the bills, flects a compromise that we find to be both Five years ago, June 17, 1994, the fed- not innocent parties. There was clear reasonable and functional. None of us will eral debt stood at $4,491,908,000,000 tangible evidence of how Superfund is seek, or encourage others to seek, amend- (Four trillion, four hundred ninety-one off track in a recent GAO report which ments that would undermine the com- billion, nine hundred eight million dol- was requested by House Commerce promise we have reached. We are satisfied lars) which reflects a debt increase of Committee Chairman BLILEY. The GAO with the legislative language we have la- 1,093,325,665,272.21 (One trillion, ninety- report revealed that a majority of the bored so long to craft and intend that this three billion, three hundred twenty funds go for activities other than clean language be used in any legislative vehicle five million, six hundred sixty-five that addresses recycling issues in either up, and this is clearly wrong. I hope House of Congress. thousand, two hundred seventy dollars the Senate will act soon because Amer- In closing, we would like to thank you for and twenty-one cents) during the past 5 ica deserves a viable Superfund pro- your patience as we worked to remove one of years. gram. the longstanding obstacles to meaningful June 18, 1999 CONGRESSIONAL RECORD — SENATE S7263 Superfund reform. We are committed to sections (b), (c), (d), and (e) of this section, though our inability to pass Superfund working with you to make Superfund reform on a case-by-case basis, based on the indi- reform last year led to sharp increases a reality in the 106th Congress. vidual facts and circumstances of such trans- in his unintended Superfund liability, I Sincerely yours, action. commit to him and his fellow recyclers Institute of Scrap Recycling Industries; ‘‘(b) RECYCLABLE MATERIAL DEFINED.—For Fort James Corporation; P.H. purposes of this section, the term ‘recyclable that Congress will act this year to en- Glatfelter Company; Wisconsin Tissue material’ means— sure that such unreasonable, unfair Mills, Inc.; NCR Corporation; AT&T; ‘‘(1) scrap paper, scrap plastic, scrap glass, and unintended actions under Super- Appleton Papers Inc.; Printing Indus- scrap textiles, scrap rubber (other than fund will cease. I again thank all sup- tries of America; Lucent Technologies. whole tires), scrap metal, or spent lead-acid, porters of this provision, especially the AMENDMENT TO S. 1090 spent nickel-cadmium, and other spent bat- distinguished minority leader for sup- teries, as well as minor amounts of material On page 52, strike line 12 and all that fol- porting this attempt to restore equity incident to or adhering to the scrap material lows down through line 6 on Page 53 and in- as a result of its normal and customary use and fairness where it has long been sert in lieu thereof the following: prior to becoming scrap; except that such missing. ‘‘(1) LIABILITY CLARIFICATION.—As provided term shall not include— Mr. DASCHLE. As is the case with in paragraphs (2), (3), (4), and (5) of this sub- ‘‘(A) shipping containers with a capacity Senator LOTT, my constituents have section, a person who arranged for the recy- from 30 liters to 3,000 liters, whether intact cling of recyclable material or transported suffered because Superfund has been in- or not, having any hazardous substance (but appropriately directed at them. On this such material shall not be liable under para- not metal bits and pieces or hazardous sub- graphs (3) or (4) of subsection (a) with re- first anniversary of the introduction of stance that form an integral part of the con- S. 2180, it is an appropriate time for all spect to such material. A determination tainer) contained in or adhering thereto; or whether or not any person shall be liable ‘‘(B) any item of material containing poly- Senators to commit to act on this under paragraph (3) or (4) of subsection (a) chlorinated biphenyls (PCBs) in excess of 50 issue. for any transaction not covered by para- parts per million (ppm) or any new standard Mr. WARNER. As the original Senate graphs (2) and (3), (4), or (5) of this subsection promulgated pursuant to applicable Federal sponsor of legislation designated to re- shall be made, without regard to paragraphs laws. move unintended Superfund hindrances (2), (3), (4), and (5) of this subsection, on a On Page 58, line 10, delete (‘‘or’’) and insert case-by-case basis, based on the individual to recycling, which I proposed for cor- in lieu thereof a period (‘‘.’’), and strike lines rection in the 103rd Congress, I applaud facts and circumstances of such transaction. 11 through 15. ‘‘(2) RECYCLABLE MATERIAL DEFINED.—For On Page 59, delete lines 15 through 18 and the majority and minority leaders for purposes of this subsection, the term ‘recy- insert in lieu thereof the following: their continuing joint efforts. There is clable material’ means— ‘‘(g) LIMITATION ON STATUTORY CONSTRUC- no more telling statement of need than ‘‘(A) scrap paper, scrap plastic, scrap glass, TION.—Nothing in this section shall be con- to see partisan politics put aside in the scrap textiles, scrap rubber (other than strued to— greater public interest. Both Senators whole tires), scrap metal, or spent lead-acid, ‘‘(1) affect any rights, defenses, or liabil- spent nickel-cadmium, and other spent bat- LOTT and DASCHLE have demonstrated ities under section 107(a) of any person with outstanding leadership in helping to teries, as well as minor amounts of material respect to any transaction involving any ma- incident to or adhering to the scrap mate- terial other than a recyclable material sub- assure increased recycling that will rials as a result of its normal and customary ject to subsection (a) of this section; or occur when the Superfund burden, so use prior to becoming scrap; except that ‘‘(2) relieve a plaintiff of the burden of inappropriately assessed, will finally such term shall not include— proof that the elements of liability under be removed. ‘‘(i) shipping containers with a capacity section 107(a) are met under the particular Mrs. LINCOLN. It was my privilege from 30 liters to 3,000 liters, whether intact circumstances of any transaction for which as a Member of the other body to intro- or not, having any hazardous substance (but liability is alleged.’’ duce a bill in the 103rd Congress that not metal bits and pieces or hazardous sub- Mr. LOTT. The successful efforts of stance that form an integral part of the con- would have eliminated much of the un- tainer contained in or adhering thereto; or Congressmen SHUSTER and BOEHLERT intended Superfund hindrance that is ‘‘(ii) any item of material containing poly- demonstrate again that the recycling limiting legitimate recycling. chlorinated biphenyls (PCBs) in excess of 50 issue can proceed on a bipartisan basis Now as a Senator, I am proud to parts per million (ppm) or any new standard and that no serious opposition to its stand with the majority and minority promulgated pursuant to applicable Federal adoption exists. leaders and the distinguished senior laws. Mr. DASCHLE. I am pleased to join Senator from Virginia on this first an- On page 61, line 9, strike ‘‘; or’’ and insert majority leader in documenting that a in lieu thereof, a period (‘‘.’’). niversary of the introduction of S. 2180 On Page 61, strike lines 10 down through compromise has been reached on the to ensure Superfund relief for recycling line 15. paper scrap issue. This compromise is will be addressed in this session of the On page 62, after line 11, insert the fol- especially important in light of the 106th Congress. lowing new sub-paragraph: fact that during her recent testimony f ‘‘(7) LIMITATIONS ON STATUTORY CONSTRUC- before the House Water Resources and TION.—Nothing in this subsection shall be Environment Subcommittee, the EPA THE FEDERAL ERRONEOUS RE- construed to— Administrator repeated her support for TIREMENT COVERAGE CORREC- ‘‘(A) affect any rights, defenses, or liabil- the recycling provision, a version of TIONS ACT ities under section 107(a) of any person with respect to any transaction involving any ma- which collected 310 House cosponsors. Mr. AKAKA. Mr. President, I am terial other than a recyclable material sub- The Administrator stated that should pleased to join the Senator from Mis- ject to paragraph (1) of this subsection; or identical language to S. 2180 show up sissippi, Mr. COCHRAN, in introducing S. ‘‘(B) relieve a plaintiff of the burden of again this year, the administration 1232, the Federal Erroneous Retirement proof that the elements of liability under ‘‘would continue to support it.’’ Coverage Corrections Act. This legisla- section 107(a) are met under the particular And, in answer to a question, Admin- tion provides relief to those federal em- circumstances of any transaction for which istrator Browner stated at the hearing ployees who were placed in an incor- liability is alleged.’’ that EPA would oppose an exemption rect retirement system during the

AMENDMENT TO S. 1105 for PCB-contaminated paper or mate- transition to the Federal Employees rials in excess of 50 parts per million. Retirement System from the Civil On Page 51, strike line 2 and all that fol- lows down through line 21 and insert in lieu This issue is important not only to Service Retirement System in the mid- thereof the following: EPA, but also the Department of Jus- 1980s. ‘‘(a) LIABILITY CLARIFICATION.—As provided tice and the environmental commu- As the ranking Democrat on the in subsection (b), (c), (d), and (e), a person nity. For that reason, I am delighted International Security, Proliferation, who arranged for the recycling of recyclable that a compromise was found. and Federal Services Subcommittee, I material or transported such material shall Mr. LOTT. Finally, I would like to am committed to correcting the erro- not be liable under sections 107(a)(3) and thank Mr. Phil Morris of New Albany, neous pension problems facing any- 107(a)(4) with respect to such material. A de- MS, a long time friend and fellow Mis- where from 10,000 to 20,000 individuals. termination whether or not any person shall be liable under section 107(a)(3) or section sissippian, who, as a traditional recy- S. 1232 provides a reasonable solution 107(a)(4) for any transaction not covered by cler, has struggled with the negative in affording misclassified federal work- subsections (b) and (c), (d) or (e) of this sec- aspects of Superfund. Phil first brought ers, former employees, retirees, and tion shall be made, without regard to sub- this subject to my attention and, survivors with equitable relief from S7264 CONGRESSIONAL RECORD — SENATE June 18, 1999 these retirement coverage errors. killing, and that is what they are too (Docket Number: CN–99–002), received June Moreover, the measure gives those af- often used for. 16, 1999; to the Committee on Agriculture, fected a choice between corrected re- There is strong precedent for impos- Nutrition, and Forestry. ing minimum age requirements for en- EC–3784. A communication from the Ad- tirement coverage and the coverage the ministrator, Agricultural Marketing Serv- employee expected to receive, without gaging in dangerous activities. Con- ice, Department of Agriculture, transmit- disturbing Social Security coverage gress and the states worked together in ting, pursuant to law, the report of a rule en- law. the past to minimize public safety con- titled ‘‘Raisins produced from Grapes Grown Similar legislation was offered in cerns by ensuring that states raised in California; Final Free and Reserve Per- 1998, and my colleague, the chairman of their legal drinking ages to 21. This centages for 1998–99 Zante Currant Raisins’’ the Subcommittee on International Se- was in response to evidence that young (Docket Number: FV–99–989–3 FIR), received curity, Proliferation, and Federal Serv- adults were involved in proportionately June 16, 1999; to the Committee on Agri- culture, Nutrition, and Forestry. ices, held a hearing on the measure at far more driving accidents while in- EC–3785. A communication from the Ad- which officials from the Office of Per- toxicated. Increasing the age require- ministrator, Agricultural Marketing Serv- sonnel Management and the Federal ment for drinking alcohol, reduced ice, Department of Agriculture, transmit- Retirement Thrift Investment Board automobile accidents dramatically. ting, pursuant to law, the report of a rule en- testified in support of the bill. And, in the first year after Michigan titled ‘‘Tart Cherries Grown in the States of I believe this measure addresses the raised its drinking age from 18 to 21, Michigan, et al.; Revision of the Sampling concerns of federal workers who have there was a 21 percent decline in alco- Techniques for Whole Block and Partial been placed in the wrong retirement hol related deaths among drivers age 18 Block Diversions and Increasing the Number system. It offers a workable and rea- of Partial Block Diversions Per Season for to 20. Tart Cherries’’ (Docket Number: FV–99–930–2 sonable solution, and I ask my col- Most recently, a report to be released FIR), received June 16, 1999; to the Com- leagues to support this legislation. I today by a national commission study- mittee on Agriculture, Nutrition, and For- also wish to note that S. 1232 enjoys ing the impact of gambling will appar- estry. the support of the Office of Personnel ently recommend that the minimum EC–3786. A communication from the Con- Management and the two largest fed- age for all forms of gambling be raised gressional Review Coordinator, Regulatory eral employee unions, the American to 21. Although currently most casinos Analysis and Development, Policy and Pro- Federation of Government Employees require gamblers to be 21, other forms gram Development, Animal and Plant Health Inspection Service, Department of Agri- and the National Treasury Employees of gambling, such as state lotteries culture, transmitting, pursuant to law, the Union, that are encouraged by the bi- have an age requirement of 18. The Na- report of a rule entitled ‘‘Horses from Aus- partisan effort that went into crafting tional Gambling Impact Study Com- tralia and New Zealand; Quarantine Require- this bill. mission contends that there should be ments’’ (Docket Number: 98–069–2), received f tighter restrictions on state lotteries June 15, 1999; to the Committee on Agri- and other forms of betting because of culture, Nutrition, and Forestry. GUN CRIME COMMITTED BY 18 TO the dangers and risks of excessive gam- EC–3787. A communication from the Direc- 20 YEAR OLDS tor, Office of Regulations Management, Vet- bling. Mr. LEVIN. Mr. President, this week, erans Benefits Administration, Department Surely if there are clear and compel- of Veterans Affairs, transmitting, pursuant Vice President GORE released a new ling reasons to prevent young people to law, the report of a rule entitled ‘‘Sched- study focusing on the connection be- from drinking and gambling, there are ule for Rating Disabilities; Fibromyalgia’’ tween young adults and gun crimes. even better reasons, as documented by (RIN2900–AH05), received June 16, 1999; to the This report, jointly prepared by the De- the Gore report, to prevent 18, 19 and 20 Committee on Veterans’ Affairs. partments of Treasury and Justice, year olds from owning an assault weap- EC–3788. A communication from the Direc- documents an alarmingly high rate of on or a handgun. I am a cosponsor of tor, Office of Regulations Management, Vet- erans Benefits Administration, Department gun violence among 18 to 20 year olds. legislation introduced by Senator The report shows that while 18, 19, of Veterans Affairs, transmitting, pursuant SCHUMER, S. 891, that would prohibit to law, the report of a rule entitled ‘‘Vet- and 20 years olds make up only 4 per- the sale or transfer of these weapons to erans Education: Increase in Educational As- cent of the U.S. population, they com- young adults as well as prohibit posses- sistance Rates’’ (RIN2900–AJ37), received mit an astounding 24 percent of gun sion of these weapons by those under June 16, 1999; to the Committee on Veterans’ murders in our country. In addition, 21, while maintaining exemptions Affairs. the report shows that 18 year olds com- under current law. In my judgment, it EC–3789. A communication from the Assist- ant General Counsel for Regulations, Depart- mit 35 percent more gun murders than is critical that Congress act quickly to 21 year olds; double the gun murders of ment of Housing and Urban Development, close these loopholes. transmitting, pursuant to law, the report of 24 year olds; triple the gun murders of f a rule entitled ‘‘Single Family Mortgage In- 28 year olds; and four times the gun EXECUTIVE AND OTHER surance; Informed Consumer Choice Disclo- murders of 30 year olds. sure Notice’’ (FR–4411) (RIN2502–AH30), re- There are several loopholes in our COMMUNICATIONS ceived June 15, 1999; to the Committee on current firearms laws that permit The following communications were Banking, Housing, and Urban Affairs. young people access to handguns and laid before the Senate, together with EC–3790. A communication from the Execu- other deadly weapons. We must close accompanying papers, reports, and doc- tive Director, Federal Labor Relations Au- those loopholes, especially for the 18 to thority, transmitting, pursuant to law, the uments, which were referred as indi- report of a rule entitled ‘‘Amendment of 20 year olds, who contribute to such a cated: Equal Access to Justice Act Attorney Fees high percentage of gun crimes. One of EC–3781. A communication from the Chair- Regulations’’, received June 16, 1999; to the those loopholes allows 18 to 20 year man, Federal Election Commission, trans- Committee on Health, Education, Labor, and olds, minors, to purchase handguns mitting, pursuant to law, the report of a rule Pensions. from unlicensed dealers, private collec- entitled ‘‘Matching Credit Card and Debit EC–3791. A communication from the Acting tors or friends, even though it would be Card Contributions in Presidential Cam- Regulations Officer, Social Security Admin- illegal for them to purchase the same paigns’’, received June 11, 1999; to the Com- istration, transmitting, pursuant to law, the mittee on Rules and Administration. handgun from a federally licensed deal- report of a rule entitled ‘‘Effective Date of EC–3782. A communication from the Acting Application for Supplemental Security In- er. Executive Director, Commodity Futures come (SSI) Benefits’’ (RIN0960–AE71), re- There are also additional loopholes in Trading Commission, transmitting, pursuant ceived June 16, 1999; to the Committee on Fi- federal law that permit 18 to 20 year to law, the report of a rule entitled ‘‘17 CFR nance. olds to purchase semiautomatic weap- Part 10 Rules of Practice’’; to the Committee EC–3792. A communication from the Chief, ons and large capacity ammunition on Agriculture, Nutrition, and Forestry. Regulations Unit, Internal Revenue Service, feeding devices from anyone willing to EC–3783. A communication from the Ad- Department of the Treasury, transmitting, sell them. These weapons, such as AK– ministrator, Agricultural Marketing Serv- pursuant to law, the report of a rule entitled ice, Department of Agriculture, transmit- ‘‘Notice 99–36, Charitable Split-Dollar Trans- 47s and Uzis, and the 50 rounds per ting, pursuant to law, the report of a rule en- actions’’ (Notice 99–36), received June 14, minute clips that accompany them, are titled ‘‘1999 Amendment to Cotton Board 1999; to the Committee on Finance. not the type of weapons needed for Rules and Regulations Adjusting Supple- EC–3793. A communication from the Rules hunting, they are the type needed for mental Assessment on Imports—Final Rule’’ Administrator, Federal Bureau of Prisons, June 18, 1999 CONGRESSIONAL RECORD — SENATE S7265 Department of Justice, transmitting, pursu- EC–3803. A communication from the Pro- law, the report of a rule entitled ‘‘Regatta ant to law, the report of a rule entitled ‘‘Cor- gram Analyst, Office of the Chief Counsel, Regulations; SLR; Riverfest ’99, Tennessee respondence: Return Address’’ (RIN1120– Federal Aviation Administration, Depart- River Mile Marker 140.0 to 141.0, Parsons, TN AA69), received June 16, 1999; to the Com- ment of Transportation, transmitting, pur- (CGD08–99–038)’’ (RIN2115–AE46) (1999–0022), mittee on the Judiciary. suant to law, the report of a rule entitled received June 17, 1999; to the Committee on EC–3794. A communication from the Rules ‘‘Airworthiness Directives: Boeing Model Commerce, Science, and Transportation. Administrator, Federal Bureau of Prisons, 737–200C Series Airplanes; Docket No. 98–NM– EC–3812. A communication from the Chief, Department of Justice, transmitting, pursu- 273’’ (RIN2120–AA64) (1999–0245), received Office of Regulations and Administrative ant to law, the report of a rule entitled June 14, 1999; Committee on Commerce, Law, U.S. Coast Guard, Department of ‘‘Federal Prison Industries (FPI) Inmate Science, and Transportation. Transportation, transmitting, pursuant to Work Programs: Eligibility’’ (RIN1120–AA57), EC–3804. A communication from the Pro- law, the report of a rule entitled ‘‘Regatta received June 16, 1999; to the Committee on gram Analyst, Office of the Chief Counsel, Regulations; SLR; Hampton Offshore Chal- the Judiciary. Federal Aviation Administration, Depart- lenge, Chesapeake Bay, Hampton, Virginia EC–3795. A communication from the Mili- ment of Transportation, transmitting, pur- (CGD05–99–038)’’ (RIN2115–AE46) (1999–0019), tary Personnel Management Specialist, suant to law, the report of a rule entitled received June 17, 1999; to the Committee on Headquarters Air Force Personnel Center, ‘‘Airworthiness Directives: The New Piper Commerce, Science, and Transportation. Department of the Air Force, transmitting, Aircraft Inc. Models PA–31, PA–31–300, PA– EC–3813. A communication from the Chief, pursuant to law, the report of a rule entitled 31–325, PA–31–350, and PA–31P–350 Airplanes; Office of Regulations and Administrative ‘‘Rule 32-National Defense-Part 881-Deter- Docket No. 97–CE–32 (6–14/6–14)’’ (RIN2120– Law, U.S. Coast Guard, Department of mination of Active Military Service for Ci- AA64) (1999–0243), received June 14, 1999; to Transportation, transmitting, pursuant to vilians or Contractual Groups,’’ received the Committee on Commerce, Science, and law, the report of a rule entitled ‘‘Regatta June 16, 1999; to the Committee on Armed Transportation. Regulations; SPL; Independence Day Cele- Services. EC–3805. A communication from the Pro- bration, Cumberland River Mile 190.0–191.0, EC–3796. A communication from the Direc- gram Analyst, Office of the Chief Counsel, Nashville, TN (CGD08–99–036)’’ (RIN2115– tor, Defense Procurement, Department of Federal Aviation Administration, Depart- AE46) (1999–0020), received June 17, 1999; to Defense, transmitting, pursuant to law, the ment of Transportation, transmitting, pur- the Committee on Commerce, Science, and report of a rule entitled ‘‘Congressional suant to law, the report of a rule entitled Transportation. Medal of Honor’’ (DFARS Case 98–D304), re- ‘‘Airworthiness Directives: International EC–3814. A communication from the Chief, ceived June 16, 1999; to the Committee on Aero Engines AG V2500–A1 and V2500–A5 Se- Office of Regulations and Administrative Armed Services. ries Turbofan Engines; Request for Com- Law, U.S. Coast Guard, Department of EC–3797. A communication from the Execu- ments; Docket No. 99–NE–37 (6–15/6–14)’’ Transportation, transmitting, pursuant to tive Director, Committee for Purchase from (RIN2120–AA64) (1999–0241), received June 14, law, the report of a rule entitled ‘‘Regatta People who are Blind or Severely Disabled, 1999; to the Committee on Commerce, Regulations; SLR; Sharptown Outboard Re- transmitting, pursuant to law, the report of gatta, Nanticoke River, Sharptown, Mary- a rule entitled ‘‘Additions to and Deletions Science, and Transportation. EC–3806. A communication from the Chief, land (CGD05–99–037)’’ (RIN2115–AE46) (1999– from the Procurement List,’’ received June Office of Regulations and Administrative 0021), received June 17, 1999; to the Com- 16, 1999; to the Committee on Governmental Law, U.S. Coast Guard, Department of mittee on Commerce, Science, and Transpor- Affairs. EC–3798. A communication from the Gen- Transportation, transmitting, pursuant to tation. EC–3815. A communication from the Pro- eral Services Administration, the Depart- law, the report of a rule entitled gram Analyst, Office of the Chief Counsel, ment of Defense, and the National Aero- ‘‘Incorporations by Reference for Alternate Federal Aviation Administration, Depart- nautics and Space Administration, transmit- Compliance Program (ACP) (USCG–1999– ment of Transportation, transmitting, pur- ting jointly, pursuant to law, the report of a 5004)’’ (RIN2115–AF74), received June 14, 1999; rule entitled ‘‘Federal Acquisition Circular to the Committee on Commerce, Science, suant to law, the report of a rule entitled 97–12’’ (FAC 97–12), received June 11, 1999; to and Transportation. ‘‘Amendment to Class E Airspace; the Committee on Governmental Affairs. EC–3807. A communication from the Chief, Anaktuvuk Pass, AK; Correction; Docket No. EC–3799. A communication from the Pro- Office of Regulations and Administrative 99–AAL–42 (6–16/6–17)’’ (RIN2120–AA66) (1999– gram Analyst, Office of the Chief Counsel, Law, U.S. Coast Guard, Department of 0202), received June 17, 1999; to the Com- Federal Aviation Administration, Depart- Transportation, transmitting, pursuant to mittee on Commerce, Science, and Transpor- ment of Transportation, transmitting, pur- law, the report of a rule entitled ‘‘Safety/Se- tation. suant to law, the report of a rule entitled curity Zone Regulations; New York Super EC–3816. A communication from the Pro- ‘‘Airworthiness Directives: Allied Signal Inc. Bowl Race, Hudson River, New York (CGD01– gram Analyst, Office of the Chief Counsel, VN411B Very High Frequency (VHF) Naviga- 98–175)’’ (RIN2115–AA97) (1999–0029), received Federal Aviation Administration, Depart- tion Receivers; Docket No. 95–CE–91 (6–11/6– June 17, 1999; to the Committee on Com- ment of Transportation, transmitting, pur- 14)’’ (RIN2120–AA64) (1999–0246), received merce, Science, and Transportation. suant to law, the report of a rule entitled June 14, 1999; to the Committee on Com- EC–3808. A communication from the Chief, ‘‘Revision of Class E Airspace; Shawnee, OK; merce, Science, and Transportation. Office of Regulations and Administrative Direct Final Rule; Confirmation of Effective EC–3800. A communication from the Pro- Law, U.S. Coast Guard, Department of Date; Docket No. 99–ASW–07 (6–17/6–17)’’ gram Analyst, Office of the Chief Counsel, Transportation, transmitting, pursuant to (RIN2120–AA66) (1999–0201), received June 17, Federal Aviation Administration, Depart- law, the report of a rule entitled ‘‘Safety/Se- 1999; to the Committee on Commerce, ment of Transportation, transmitting, pur- curity Zone Regulations; 4th of July Fire- Science, and Transportation. suant to law, the report of a rule entitled works, Charles River Esplanade, Boston, MA EC–3817. A communication from the Pro- ‘‘Flight Crewmember Flight Time Limita- (CGD01–99–057)’’ (RIN2115–AA97) (1999–0028), gram Analyst, Office of the Chief Counsel, tions and Rest Requirements; Notice of En- received June 17, 1999; to the Committee on Federal Aviation Administration, Depart- forcement Policy’’ (RIN2120–ZZ19), received Commerce, Science, and Transportation. ment of Transportation, transmitting, pur- June 14, 1999; to the Committee on Com- EC–3809. A communication from the Chief, suant to law, the report of a rule entitled merce, Science, and Transportation. Office of Regulations and Administrative ‘‘Revision of Class E Airspace; Lake Charles, EC–3801. A communication from the Pro- Law, U.S. Coast Guard, Department of LA; Direct Final Rule; Confirmation of Ef- gram Analyst, Office of the Chief Counsel, Transportation, transmitting, pursuant to fective Date; Docket No. 99–ASW–04 (6–17/6– Federal Aviation Administration, Depart- law, the report of a rule entitled ‘‘Draw- 17)’’ (RIN2120–AA66) (1999–0199), received ment of Transportation, transmitting, pur- bridge Regulations; Fort Point Channel, MA June 17, 1999; to the Committee on Com- suant to law, the report of a rule entitled (CGD01–98–173)’’ (RIN2115–AE47) (1999–0021), merce, Science, and Transportation. ‘‘Airworthiness Directives: Raytheon Air- received June 17, 1999; to the Committee on EC–3818. A communication from the Pro- craft Company Beech Models 45 (YT–34), 45 Commerce, Science, and Transportation. gram Analyst, Office of the Chief Counsel, (T–34A, B–45), and D45 (T–34B) Airplanes; Re- EC–3810. A communication from the Chief, Federal Aviation Administration, Depart- quest for Comments; July 9, 1999 (6–14/6–14)’’ Office of Regulations and Administrative ment of Transportation, transmitting, pur- (RIN2120–AA64) (1999–0242), received June 14, Law, U.S. Coast Guard, Department of suant to law, the report of a rule entitled 1999; to the Committee on Commerce, Transportation, transmitting, pursuant to ‘‘Revision of Class E Airspace; Guthrie, OK; Science, and Transportation. law, the report of a rule entitled ‘‘Regatta Direct Final Rule; Confirmation of Effective EC–3802. A communication from the Pro- Regulations; SLR; Riverbend Festival, Ten- Date; Docket No. 99–ASW–06 (6–17/6–17)’’ gram Analyst, Office of the Chief Counsel, nessee River Mile 463.5 to 464.5, Chattanooga, (RIN2120–AA66) (1999–0198), received June 17, Federal Aviation Administration, Depart- TN (CGD08–99–037)’’ (RIN2115–AE46) (1999– 1999; to the Committee on Commerce, ment of Transportation, transmitting, pur- 0023), received June 17, 1999; to the Com- Science, and Transportation. suant to law, the report of a rule entitled mittee on Commerce, Science, and Transpor- EC–3819. A communication from the Pro- ‘‘Airworthiness Directives: Raytheon Air- tation. gram Analyst, Office of the Chief Counsel, craft Company Model 1900D Airplanes; Dock- EC–3811. A communication from the Chief, Federal Aviation Administration, Depart- et No. 98–CE–127 (6–11/6–14)’’ (RIN2120–AA64) Office of Regulations and Administrative ment of Transportation, transmitting, pur- (1999–0244), received June 14, 1999; Committee Law, U.S. Coast Guard, Department of suant to law, the report of a rule entitled on Commerce, Science, and Transportation. Transportation, transmitting, pursuant to ‘‘Airworthiness Directives: Bell Helicopter S7266 CONGRESSIONAL RECORD — SENATE June 18, 1999 Textron Canada (BHTC) Model 206L–4 Heli- and second time by unanimous con- and make application for entry di- copters; Request for Comments; Docket No. sent, and referred as indicated: rectly to the INS at a port of entry. To 98–SW–66 (6–17/6–17)’’ (RIN2120–AA64) (1999– By Mr. AKAKA (for himself, Mr. use this privilege, an applicant agrees 0247), received June 17, 1999; to the Com- BURNS, Mr. COCHRAN, Mr. GRAHAM, to waive rights to challenge the deci- mittee on Commerce, Science, and Transpor- and Mr. INOUYE): tation. sion of the INS inspector, and agrees to EC–3820. A communication from the Pro- S. 1242. A bill to amend the Immigration depart the U.S. within 90 days. More gram Analyst, Office of the Chief Counsel, and Nationality Act to make permanent the than 10 million visitors used the visa Federal Aviation Administration, Depart- visa waiver program for certain visitors to waiver program in fiscal year 1995. This ment of Transportation, transmitting, pur- the United States; to the Committee on the represents 76 percent of the total num- suant to law, the report of a rule entitled Judiciary. ber of non-immigrant entries by citi- ‘‘Airworthiness Directives: Eurocopter By Mr. FRIST: S. 1243. A bill to amend the Public Health zens of visa waiver countries. Visitors France Model AS 32C, L, L1, and L2 Heli- entering under the visa waiver program copters; Request for Comments; Docket No. Service Act to revise and extend the prostate 99–SW–17 (6–17/6–17)’’ (RIN2120–AA64) (1999– cancer preventive health program; to the accounted for just under 50 percent of 0248), received June 17, 1999; to the Com- Committee on Health, Education, Labor, and all temporary business and tourist en- mittee on Commerce, Science, and Transpor- Pensions. tries. tation. By Mr. THOMPSON (for himself, Mrs. In the ten years since the implemen- EC–3821. A communication from the Acting LINCOLN, Mr. VOINOVICH, Mr. KERREY, tation of the visa waiver program, Director, Office of Sustainable Fisheries, Na- and Mr. BREAUX): international visitors have become ac- tional Marine Fisheries Service, Department S. 1244. A bill to establish a 3-year pilot customed to the program’s require- of Commerce, transmitting, pursuant to law, project for the General Accounting Office to ments, and use it routinely. The pro- report to Congress on economically signifi- the report of a rule entitled ‘‘Closure of the gram has effectively served the purpose Gulf of Alaska to Directed Fishing for Pol- cant rules of Federal agencies, and for other lock in Statistical Area 610,’’ received June purposes; to the Committee on Govern- for which it was designed, to facilitate 16, 1999; to the Committee on Commerce, mental Affairs. the efficient flow of low-risk foreign Science, and Transportation. f tourists and business travelers. Simul- EC–3822. A communication from the Acting taneously, the program has afforded Director, Office of Sustainable Fisheries, Na- SUBMISSION OF CONCURRENT AND Department of State consular officers tional Marine Fisheries Service, Department SENATE RESOLUTIONS more time to focus efforts on individ- of Commerce, transmitting, pursuant to law, The following concurrent resolutions uals who visit the U.S. for other pur- the report of a rule entitled ‘‘Closure of Sta- poses, such as employment or study, or tistical Area 620, Gulf of Alaska, to Directed and Senate resolutions were read, and Fishing for Pollock,’’ received June 16, 1999; referred (or acted upon), as indicated: those who intend to remain in the U.S. for extended periods. Further, it has al- to the Committee on Commerce, Science, By Mr. LIEBERMAN (for himself, Mr. and Transportation. lowed the Department of State to dras- GREGG, Mr. BAYH, Mr. BROWNBACK, EC–3823. A communication from the Acting tically reduce its consular staff at low- Mr. MACK, Mr. DODD, Mr. DOMENICI, Director, Office of Sustainable Fisheries, Na- Mr. JEFFORDS, Mr. ALLARD, Mr. COCH- risk locations, and strengthen efforts tional Marine Fisheries Service, Department RAN, Ms. LANDRIEU, Mr. BUNNING, Mr. in high risk locations. Yet, all this of Commerce, transmitting, pursuant to law, ROBB, Mr. DORGAN, Mr. DASCHLE, Mr. pales in comparison to the real benefit the report of a rule entitled ‘‘Closure to Di- AKAKA, Mr. GORTON, Mr. SMITH of Or- of the visa waiver program, that of ex- rected Fishing for Pacific Cod by Vessels egon, Mr. ENZI, Mr. BENNETT, Mr. Catching Pacific Cod for Processing by the panded foreign travel and tourism to HUTCHINSON, Mr. SESSIONS, Mr. Offshore Component in the Western Regu- the U.S. Put simply, the U.S. needs latory Area in the Gulf of Alaska,’’ received DEWINE, Mr. CAMPBELL, and Mr. this program to remain competitive June 16, 1999; to the Committee on Com- THURMOND: with the many other nations around merce, Science, and Transportation. S. Res. 125. A resolution encouraging and the globe who are competing for the fi- EC–3824. A communication from the Acting promoting greater involvement of fathers in their children’s lives and designating June nite pool of business travelers and Director, Office of Sustainable Fisheries, Na- tourists. tional Marine Fisheries Service, Department 20, 1999, as ‘‘National Father’s Return Day’’; considered and agreed to. In 1996, the World Tourism Organiza- of Commerce, transmitting, pursuant to law, tion reported that the United States the report of a rule entitled ‘‘Fisheries of the By Mr. SCHUMER: Exclusive Economic Zone Off Alaska; Pacific S. Con. Res. 41. A concurrent resolution ex- was the second most popular inter- Cod by Vessels Using Pot Gear in the Bering pressing the sense of Congress regarding the national tourist destination and the Sea and Aleutian Islands,’’ received June 16, treatment of religious minorities in the Is- number one location for tourism ex- 1999; to the Committee on Commerce, lamic Republic of Iran, and particularly the penditures. Of the 44.8 million arrivals Science, and Transportation. recent arrests of members of that country’s that year, 12.4 million entered under EC–3825. A communication from the Dep- Jewish community; to the Committee on the visa waiver program. International Foreign Relations. uty Assistant Administrator for Fisheries, tourism in the U.S. is a $65 billion en- National Marine Fisheries Service, National f terprise which boosts the economies of Oceanic and Atmospheric Administration, Department of Commerce, transmitting, pur- STATEMENTS ON INTRODUCED many local communities. suant to law, the report of a rule entitled BILLS AND JOINT RESOLUTIONS In my home state of Hawaii, tourism is an $11 billion indusry which gen- ‘‘Regulations Regarding the Taking of Ma- By Mr. AKAKA (for himself, Mr. rine Mammals Incidental to Power Plant Op- erates about one-quarter of the state’s erations’’ (RIN0648–AK00), received June 16, BURNS, Mr. COCHRAN, Mr. tax revenue and one-third of its jobs. It 1999; to the Committee on Commerce, GRAHAM, and Mr. INOUYE): is estimated that 80 percent of all Science, and Transportation. S. 1242. A bill to amend the Immigra- international visitors arriving at Hono- EC–3826. A communication from the Assist- tion and Nationality Act to make per- lulu International Airport arrive under ant Administrator for Fisheries, National manent the visa waiver program for Marine Fisheries Service, National Oceanic the visa waiver program. We know that certain visitors to the United States; the visa waiver program has been very and Atmospheric Administration, Depart- to the Committee on the Judiciary. ment of Commerce, transmitting, pursuant successful because it provides a big to law, the report of a rule entitled ‘‘Fish- THE VISA WAIVER PROGRAM boost for Japanese visitors to travel to eries of the Northeastern United States- Mr. AKAKA. Mr. President, today I Hawaii. Our long-term goal for a per- Final Rule to Implement Framework Adjust- am introducing a bill to amend the Im- manent visa waiver program would be ment 29 to the Northeast Multispecies Fish- migration and Nationality Act to make to expand participation of the program ery Management Plan and Framework Ad- permanent the visa waiver program for in the Asia-Pacific region. Currently, justment 11 to the Atlantic Sea Scallop Fish- certain visitors to the United States. ery Management Plan’’ (RIN0648–AM24), re- most of the 26 eligible countries are in ceived June 16, 1999; to the Committee on The visa waiver program has been an Europe. Only four of these countries Commerce, Science, and Transportation. unprecedented success in reducing bar- are in the Asia-Pacific region—Aus- f riers to travel and tourism to and from tralia, Japan, Brunei, and New Zea- the United States. The program allows land. We hope that South Korea and INTRODUCTION OF BILLS AND a citizen of a participating country to China will be future participants in an JOINT RESOLUTIONS forego visa application at a U.S. con- expanded program. The following bills and joint resolu- sulate abroad, and allows them to trav- While the pilot program has been ex- tions were introduced, read the first el to the U.S. for business or pleasure tended periodically since its inception, June 18, 1999 CONGRESSIONAL RECORD — SENATE S7267 its unqualified success justifies a per- (1) in the section heading, by striking treatment in prolonging a person’s life. manent program. Further, because the ‘‘PILOT’’; Currently, health practitioners cannot program’s life has at times been uncer- (2) in the caption for subsection (a)(2), by accurately determine which cancer will tain and somewhat unpredictable, par- striking ‘‘PILOT’’ and inserting ‘‘VISA progress to become clinically signifi- WAIVER’’; ticularly at times when an authoriza- (3) in the caption for subsection (c) by cant and which will not. Thus, screen- tion is about to expire, any real or per- striking ‘‘PILOT’’ and inserting ‘‘VISA WAIV- ing and testing for early detection of ceived lapse in the program causes ER’’; prostate cancer should be discussed be- needless turmoil and uncertainty (4) by striking ‘‘pilot’’ each place it ap- tween a man and his healthcare practi- among the industry and government pears and inserting ‘‘visa waiver’’; tioners. both here and abroad and, most impor- (5) in subsection (a)(1), by striking ‘‘during In an effort to help address the seri- tant, the traveling public. In the ten the pilot program period (as defined in sub- ous issues of prostate cancer screening, section (e))’’; years since it commenced, the benefit (6) in subsection (b)(3), by striking ‘‘(with- to increase awareness and surveillance of the program has been clearly proven, in the pilot program period)’’; of prostate cancer, and to unlock the and the need for it to remain a pilot (7) by striking subsection (f); and current mysteries of prostate cancer program has ceased. To sunset the pro- (8) by redesignating subsection (g) as sub- through research, I rise to introduce gram in April 2000 or in the future section (f). the ‘‘Prostate Cancer Research and would require a reinvestment of sig- Prevention Act.’’ nificant capital, both human and oth- By Mr. FRIST: The ‘‘Prostate Cancer Research and erwise. In addition, because the visa S. 1243. A bill to amend the Public Prevention Act’’ expands the authority waiver program is based on reciprocity, Health Service Act to revise and ex- of the Centers for Disease Control and any termination or restriction of the tend the prostate cancer preventive Prevention (CDC) to carry-out activi- program would likely result in a sub- health program; to the Committee on ties related to prostate cancer screen- stantial backlash by other partici- Health, Education, Labor, and Pen- ing and overall awareness and surveil- pating nations against U.S. citizens sions. lance of the disease and extends the au- traveling abroad, resulting in more PROSTATE CANCER RESEARCH AND PREVENTION thority of the National Institutes of entry burdens for U.S. citizens when ACT Health to conduct basic and clinical re- they attempt to enter other visa waiv- Mr. FRIST. Mr. President, this year search in combating prostate cancer. er countries. 37,000 American men will die, and The bill directs the CDC to make Visa waiver participants, by their 179,300 will be diagnosed with prostate grants to States and local health de- very definition, are low-risk travelers. cancer, the second leading cause of partments to increase awareness, sur- There is no data which indicates that cancer-related deaths in American veillance, information dissemination visa waiver travelers stay longer than men. Cancer of the prostate grows regarding prostate cancer, and to ex- permitted otherwise violate the terms slowly, without symptoms, and thus is amine the scientific evidence regarding of their admission in any greater num- often undetected until in its most ad- screening for prostate cancer. The bers than any other population of the vanced and incurable stage. It is crit- main focus is to comprehensively traveling public. Another important ical that men are aware of the risk of evaluate of the effectiveness of various benefit of the visa waiver program is prostate cancer and take steps to en- screening strategies for prostate cancer the standardization of passports and sure early detection. and the establishment of a public infor- machine readable documentation, While the average age of a man diag- mation and education program about which is used as an inducement for ac- nosed with prostate cancer is 66, the the issues regarding prostate cancer. ceptance of a country into the pro- chance of developing prostate cancer The CDC will also strengthen and im- gram. The ability to read a document rises dramatically with age—which prove surveillance on the incidence and by machine has greatly increased the makes it important for men to be prevalence of prostate cancer with a efficiency of the Federal inspection screened or consult their healthcare major focus on increasing the under- service process. professional. The American Cancer So- standing of the greater risk of this dis- I can say without reservation that ciety and the American Urological As- ease in African-American men. this program is a resounding success. It sociation recommend that men over 50 The bill also reauthorizes the author- has bolstered the U.S. economy receive both an annual physical exam ity of the CDC to conduct a prostate through the expedited admission of and a PSA (prostate-specific antigen) screening program upon consultation millions of legitimate short-term visi- blood test. African-American men, who with the U.S. Preventive Services Task tors for business, allowing for the nego- are at higher risk, and men with a fam- Force and professional organizations tiation of contracts for the provision of ily history of prostate cancer should regarding the scientific issues regard- American goods and services to the begin yearly screening at age 40. ing prostate cancer screening. The world. It has provided a welcome boost Even if the blood test is positive, screening program, when implemented, to the U.S. tourism industry, which however, it does not mean that a man will provide grants to States and local employs thousands of American citi- definitely has prostate cancer. In fact, health departments to screen men for zens, through the visa-free admission only 25 percent of men with positive prostate cancer with priority given to of millions of foreign tourists. We must PSAs do. Further testing is needed to low income men and African-American support permanent reauthorization of determine if cancer is actually present. men. In addition the screening program this highly effective program. The visa Once the cancer is diagnosed, treat- will provide referrals for medical treat- waiver program is not just a win-win ment options vary according to the in- ment of those screened and ensure ap- situation, it is a win for business, a win dividual. In elderly men, for example, propriate follow up services including for tourism, and a win for effective the cancer may be especially slow case management. management of the Department of growing and may not spread to other Finally, to continue the investment State. parts of the body. In those cases, treat- in medical research, the bill extends Thank you, Mr. President. I ask ment of the prostate may not be nec- the authority of the National Cancer unanimous consent that a copy of the essary, and physicians often monitor Institute at the National Institutes of bill be printed in the RECORD. the cancer with follow-up examina- Health to conduct and support research There being no objection, the bill was tions. to expand the understanding of the ordered to be printed in the RECORD, as Unfortunately, preventive risk fac- cause of, and find a cure for, prostate follows: tors for prostate cancer are currently cancer. Activities authorized include S. 1242 unknown and the effective measures to basic research concerning the etiology Be it enacted by the Senate and House of Rep- prevent this disease have not been de- and causes of prostate cancer, and clin- resentatives of the United States of America in termined. In addition, scientific evi- ical research concerning the causes, Congress assembled, dence is insufficient to determine if prevention, detection and treatment of SECTION 1. PERMANENT VISA WAIVER PROGRAM FOR CERTAIN VISITORS. screening for prostate cancer reduces prostate cancer. Section 217 of the Immigration and Nation- deaths or if treatment of disease at an Mr. President, as we celebrate Fa- ality Act (8 U.S.C. 1187) is amended— early stage is more effective than no ther’s Day this weekend, I hope that we S7268 CONGRESSIONAL RECORD — SENATE June 18, 1999 take time to reflect on the serious attempting comprehensive reform or tinue to increase. Prostate cancer is the health threat of prostate cancer. It is crafting multifaceted policy solutions, the most commonly occurring cancer in Amer- my hope that my colleagues will join Society asks that you and your colleagues ica, affecting about 200,000 men in 1999. Near- me in supporting the ‘‘Prostate Cancer take this opportunity to consider some of ly 40,000 men will lose their lives to the dis- the larger health care quality and access ease this year. A man has a one in six chance Research and Prevention Act,’’ so that challenges to our health care delivery sys- of getting prostate cancer in his lifetime. If we can further understand the issues tem. We urge you to explore other legislative he has a close relative with prostate cancer, surrounding this disease and continue provisions that would help to assure access his risk doubles. With two close relatives, his to move forward on developing effec- to quality care—for all patients—especially risk increases five-fold. With three close rel- tive treatment and finding a cure. those disproportionately affected by cancer. atives, his risk is nearly 97%. Today, Afri- Mr. President, I ask unanimous con- Again, the American Cancer Society ap- can-American men have the highest prostate sent that letters of support be printed plauds your leadership and support for the cancer incidence rate in the world. The Afri- can-American mortality rate from the dis- in the RECORD. reauthorization of these valuable programs. There being no objection, the letters Thank you for your continued dedication to ease is more than twice that of the rate for Caucasian Americans. were ordered to be printed in the cancer control and prevention. Sincerely, With the right investment in education RECORD, as follows: CHARLES J. MCDONALD, MD, and research, prostate cancer is preventable, AMERICAN CANCER SOCIETY, President of the Board of Directors. controllable and curable. There is no better Washington, DC, June 15, 1999. time than National Men’s Health Week for Hon. BILL FRIST, AMERICAN UROLOGICAL all of us to focus on prostate cancer and U.S. Senate, Washington, DC. ASSOCIATION, INC., men’s health. It is vitally important to edu- DEAR SENATOR FRIST: On behalf of the Baltimore, MD, June 17, 1999. cate not only men but their families as to more than 2 million volunteers of the Amer- Hon. BILL FRIST, the risk factors associated with this disease ican Cancer Society, I am writing to offer The U.S. Senate, Washington, DC. and the need for annual screenings. Thank you for addressing this critical pub- our support for the Prostate Cancer Re- DEAR SENATOR FRIST: As President of the search and Prevention Act. Thank you for American Urological Association (AUA), rep- lic health issue. If there is anything we can introducing this important legislation that resenting 9,200 urologists in this country, I do in the future to assist in the passage of reauthorizes important programs, with re- would like to thank you for introducing the your bill, please do not hesitate to let us spect to prostate cancer research and preven- ‘‘Prostate Cancer Research and Prevention know. tion activities at the National Institutes of Act.’’ The AUA supports this legislation, Sincerely, Health (NIH), the Agency for Health Care which recognizes that prostate cancer early TRACIE SNITKER, Policy (AHCPR), the Health Resources and detection and education are vital tools in the Government Relations. Services Administration (HRSA) and the fight against prostate cancer. As you know, Centers for Disease Control and Prevention the American Cancer Society (ACS) esti- By Mr. THOMPSON (for himself, (CDC). mates that 179,300 new cases of prostate can- Mrs. LINCOLN, Mr. VOINOVICH, Prostate cancer represents one of the most cer will be diagnosed in 1999, and that 37,000 Mr. KERREY, and Mr. BREAUX): significant medical and social challenges fac- men will die from this disease this year. S. 1244. A bill to establish a 3-year ing our country today. In 1999, approxi- In a recent paper by Roberts et al (Journal pilot project for the General Account- mately 179,300 new cases of prostate cancer of Urology 161:529, 1999), U.S. prostate cancer ing Office to report to Congress on eco- will be diagnosed in the United States and it deaths per 100,000 men from the years 1989 to nomically significant rules of Federal is estimated that this disease will cause 1992 were compared to the years 1993 to 1997. more than 37,000 deaths this year. While ag- agencies, and for other purposes; to the The authors found that prostate cancer Committee on Governmental Affairs. gressive detection and treatment programs deaths have fallen significantly, and con- have begun to show some promise of reduc- clude that early detection may have led to a TRUTH IN REGULATING ACT OF 1999 ing the mortality rate for this disease, we decline in prostate cancer deaths. Mr. THOMPSON. Mr. President, I still have a long way to go. We would only point out a concern we have rise to introduce the ‘‘Truth in Regu- The Society support the continuation of about the bill’s reliance on the United States lating Act.’’ This legislation would es- prostate cancer research programs at the Preventive Services Task Force (USPSTF), tablish a 3-year pilot project to support NIH, APCPR, HRSA and CDC. These pro- which currently does not recommend pros- grams may yield better tests to detect pros- Congressional oversight to ensure that tate cancer early detection. This varies from important regulatory decisions are ef- tate cancer at an early stage, new treat- the AUA and ACS policy positions (see at- ments to cure prostate cancer, and improved tachment), and we believe this could send a ficient, effective, and fair. knowledge of the psychosocial and quality- confusing message to patients. Moreover, The foundation of the ‘‘Truth in Reg- of-life impacts of men diagnosed with pros- Congress enacted prostate cancer early de- ulating Act’’ is the right of Congress tate cancer. tection coverage for Medicare beneficiaries and the people we serve to know about Your legislation also recognizes the need aged 50 and older in 1997. We believe reliance important regulatory decisions. for more information on how best to tackle on USPSTF could engender confusion about Through the General Accounting Of- the many challenges this disease brings. Spe- the value of prostate cancer early detection. fice, which serves as Congress’ eyes and cifically, the bill addresses the need for: ad- Again, thank you for introducing this im- ditional research on the effectiveness of ears, this legislation will help us get portant legislation, and we look forward to access to the important information prostate cancer screening strategies; more working with you to advance this effort. To data on how best to improve training, edu- coordinate any future efforts, please contact that Federal agencies use to make reg- cation, and skills of health practitioners Scott Reid, AUA Government Relations ulatory decisions before the horse gets with regards to prostate cancer; and more in- Manager. out of the barn. So, in a real sense, this formation about how men seek medical at- Sincerely, legislation not only gives people the tention, make decisions about treatment, right to know; it gives them the right and follow-up on treatment recommenda- LLOYD H. HARRISON, M.D., tions. President. to see—to see how the government All of this information would support the works, or doesn’t. And by providing us development and communication of mes- MEN’S HEALTH NETWORK, with information that agencies use to sages by public and private health profes- Washington, DC, June 16, 1999. make regulations, it will enable Con- sionals about prostate cancer early detection Hon. BILL FRIST, M.D., gress to ensure that agency regulations and treatment for men and their families, as Chairman, Subcommittee on Public Health, Sen- are consistent with Congress’ intent well as provide for the establishment of a ate Committee on Health, Education, Labor and the authority that Congress has prostate cancer screening program. The and Pensions, U.S. Senate, Washington, American Cancer Society believes that pros- DC. delegated to the agencies by statute. tate cancer education, awareness and screen- DEAR SENATOR FRIST: I am writing on be- This will make the regulatory process ing programs should give priority to those half of the Men’s Health Network (MHN) in more transparent, more accountable, populations at high risk of developing this support of legislation which will revise and and more democratic. It will help im- disease—specifically, African American and extend the prostate cancer prevention health prove the quality and fairness of im- older men. program at the Centers for Disease Control. portant regulations. This will con- Lastly, your legislation takes a crucial We thank you for proposing this important tribute to the success of programs the first step at addressing several critical issues legislation. As you know, educating the pub- related to increasing access to prostate can- lic as to the prevalence and risks of prostate public values and improve public con- cer screening and appropriate follow-up care. cancer is of great importance in fighting this fidence in the Federal Government, While the American Cancer Society recog- deadly disease. which is a real concern today. nizes that often an incremental approach to As the baby boom generation ages, the risk Under the 3-year pilot project estab- complex health care issues is preferable than of prostate cancer, if unchecked, will con- lished by this legislation, a Committee June 18, 1999 CONGRESSIONAL RECORD — SENATE S7269 of either House of Congress may re- SEC. 2. PURPOSES. eral determines necessary to carry out this quest the Comptroller General to re- The purposes of this Act are to— Act. view an economically significant rule (1) increase the transparency of important SEC. 5. AUTHORIZATION OF APPROPRIATIONS. regulatory decisions; as it is being developed. The Comp- There are authorized to be appropriated to (2) promote effective congressional over- the General Accounting Office to carry out troller General shall submit a report sight to ensure that agency rules fulfill stat- no later than 180 calendar days after a this Act $5,200,000 for each of fiscal years 2000 utory requirements in an efficient, effective, through 2002. committee request is received. This and fair manner; and SEC. 6. EFFECTIVE DATE AND DURATION OF should allow Congress ample time to (3) increase the accountability of Congress PILOT PROJECT. and the agencies to the people they serve. decide whether it wants to disapprove (a) EFFECTIVE DATE.—This Act and the the rule under the Congressional Re- SEC. 3. DEFINITIONS. amendments made by this Act shall take ef- view Act. The Comptroller General’s In this Act, the term— fect 90 days after the date of enactment of independent analysis of the rule shall (1) ‘‘agency’’ has the meaning given such this Act. include: an analysis of the potential term under section 551(1) of title 5, United (b) DURATION OF PILOT PROJECT.—The pilot States Code; project under this Act shall continue for a benefits of the rule, the potential costs (2) ‘‘economically significant rule’’ means of the rule, any alternative approaches period of 3 years, if in each fiscal year, or any proposed or final rule, including an in- portion thereof included in that period, a that could achieve the goal in a more terim or direct final rule, that may have an specific annual appropriation not less than cost-effective manner or that could annual effect on the economy of $100,000,000 $5,200,000 or the pro-rated equivalent thereof produce greater net benefits, the ex- or more or adversely affect in a material way shall have been made for the pilot project. tent to which the rule would affect the economy, a sector of the economy, pro- (c) REPORT.—Before the conclusion of the State or local governments, and a sum- ductivity, competition, jobs, the environ- 3-year period, the Comptroller General shall mary of how the results of the analysis ment, public health or safety, or State, local, submit to Congress a report reviewing the ef- or tribal governments or communities; and fectiveness of the pilot project and recom- of the Comptroller General differ, if at (3) ‘‘independent analysis’’ means a sub- all, from the results of agency anal- mending whether or not Congress should per- stantive review of the agency’s underlying manently authorize the pilot project. yses. The Comptroller General will assessments and assumptions used in devel- f have the discretion to develop the pro- oping the regulatory action and whatever ad- cedures for determining the priority of ditional analysis the Comptroller General ADDITIONAL COSPONSORS determines to be necessary. requests. S. 51 Mr. President, it is my hope that the SEC. 4. PILOT PROJECT FOR REPORT ON RULES. At the request of Mr. BIDEN, the ‘‘Truth in Regulating Act’’ will encour- (a) IN GENERAL.— names of the Senator from Florida (Mr. age Federal agencies to make better (1) REQUEST OF REVIEW.—When an agency GRAHAM) and the Senator from New use of modern decisionmaking tools, develops or issues an economically signifi- cant rule, the Comptroller General of the York (Mr. MOYNIHAN) were added as co- such as risk assessment and benefit- United States may review the rule at the re- sponsors of S. 51, a bill to reauthorize cost analysis. Currently, these impor- quest of a committee of either House of Con- the Federal programs to prevent vio- tant tools often are viewed simply as gress. lence against women, and for other options—options that aren’t used as (2) REPORT.—The Comptroller General purposes. much or as well as they should be. The shall submit a report on each economically Governmental Affairs Committee has significant rule selected under paragraph (4) S. 61 reviewed and developed a voluminous to the committees of jurisdiction in each At the request of Mr. DEWINE, the record showing that our regulatory House of Congress not later than 180 cal- name of the Senator from South Da- endar days after a committee request is re- process is not working as well as in- kota (Mr. JOHNSON) was added as a co- ceived. The report shall include an inde- sponsor of S. 61, a bill to amend the tended and is missing important oppor- pendent analysis of the economically signifi- tunities to achieve greater benefits at cant rule by the Comptroller General using Tariff Act of 1930 to eliminate disincen- less cost. On April 22, I chaired a hear- any relevant data or analyses available to or tives to fair trade conditions. ing in which we heard testimony on the generated by the General Accounting Office. S. 285 need for this proposal. The General Ac- (3) INDEPENDENT ANALYSIS.—The inde- At the request of Mr. MCCAIN, the counting Office has done important pendent analysis of the economically signifi- name of the Senator from Kansas (Mr. cant rule by the Comptroller General under studies for Governmental Affairs and BROWNBACK) was added as a cosponsor paragraph (2) shall include— other committees showing that agency (A) an analysis of the potential benefits of of S. 285, a bill to amend title II of the practices—in cost-benefit analysis, risk the rule, including any beneficial effects Social Security Act to restore the link assessment, and in meeting trans- that cannot be quantified in monetary terms between the maximum amount of earn- parency and disclosure requirements of and the identification of the persons or enti- ings by blind individuals permitted laws and executive orders—need sig- ties likely to receive the benefits; without demonstrating ability to en- nificant improvement. Many other au- (B) an analysis of the potential costs of the gage in substantial gainful activity and thorities support these findings. rule, including any adverse effects that can- the exempt amount permitted in deter- All of us benefit when government not be quantified in monetary terms and the mining excess earnings under the earn- identification of the persons or entities like- performs well and meets the needs of ly to bear the costs; ings test. the people it serves. I want to thank (C) an analysis of alternative approaches S. 472 BLANCHE LINCOLN, GEORGE VOINOVICH, that could achieve the statutory goal in a At the request of Mr. GRASSLEY, the BOB KERREY, and JOHN BREAUX for join- more cost-effective manner or that could name of the Senator from Washington ing me as original cosponsors of this provide greater net benefits, and, if applica- (Mrs. MURRAY) was added as a cospon- bill. All of us on both sides of the aisle ble, a brief explanation of any reason why sor of S. 472, a bill to amend title XVIII such alternatives could not be adopted; should pull together to improve the of the Social Security Act to provide quality of our government. I urge by (D) an analysis of the extent to which the rule would affect State or local govern- certain medicare beneficiaries with an colleagues to support this important ments; and exemption to the financial limitations legislation. (E) a summary of how the results of the imposed on physical, speech-language I ask unanimous consent that the analysis of the Comptroller General differ, if pathology, and occupational therapy ‘‘Truth in Regulating Act’’ be printed at all, from the results of the analyses of the services under part B of the medicare in the RECORD. agency in promulgating the rule. program, and for other purposes. There being no objection, the bill was (4) PROCEDURES FOR PRIORITIES OF RE- S. 495 ordered to be printed in the RECORD, as QUESTS.—The Comptroller General shall have At the request of Mr. BOND, the name follows: discretion to develop procedures for deter- mining the priority and number of requests of the Senator from Mississippi (Mr. S. 1244 for review under paragraph (1) for which a re- COCHRAN) was added as a cosponsor of Be it enacted by the Senate and House of Rep- port will be submitted under paragraph (2). S. 495, a bill to amend the Clean Air resentatives of the United States of America in (b) COOPERATION WITH COMPTROLLER GEN- Act to repeal the highway sanctions. Congress assembled, ERAL.—Each agency shall cooperate with the SECTION 1. SHORT TITLE. Comptroller General by promptly providing S. 632 This Act may be cited as the ‘‘Truth in the Comptroller General with such records At the request of Mr. DEWINE, the Regulating Act of 1999’’. and information that the Comptroller Gen- name of the Senator from Hawaii (Mr. S7270 CONGRESSIONAL RECORD — SENATE June 18, 1999

INOUYE) was added as a cosponsor of S. cosponsor of S. 1212, a bill to restrict the city of Shiraz, were arrested by the au- 632, a bill to provide assistance for poi- United States assistance for certain re- thorities of the Islamic Republic of Iran; and son prevention and to stabilize the construction efforts in the Balkans re- Whereas, in keeping with its dismal record funding of regional poison control cen- gion of Europe to United States-pro- on providing accused prisoners with due process and fair treatment, the Islamic Re- ters. duced articles and services. public of Iran failed to charge the detained S. 660 SENATE RESOLUTION 117 Jews with any specific crime or allow visita- At the request of Mr. BINGAMAN, the At the request of Mr. CAMPBELL, the tion by relatives of the detained for more name of the Senator from Washington name of the Senator from Pennsyl- than two months: Now, therefore, be it (Mrs. MURRAY) was added as a cospon- vania (Mr. SANTORUM) was added as a Resolved by the Senate (the House of Rep- sor of S. 660, a bill to amend title XVIII cosponsor of Senate Resolution 117, a resentatives concurring), That it is the sense of the Congress that the Clinton administra- of the Social Security Act to provide resolution expressing the sense of the tion should— for coverage under part B of the medi- Senate regarding the United States (1) be commended for supporting Resolu- care program of medical nutrition share of any reconstruction measures tion 1999/13, and should continue to work therapy services furnished by reg- undertaken in the Balkans region of through the United Nations to assure that istered dietitians and nutrition profes- Europe on account of the armed con- the Islamic Republic of Iran implements sionals. flict and atrocities that have occurred that resolution’s recommendations; (2) condemn, in the strongest possible S. 801 in the Federal Republic of Yugoslavia since March 24, 1999. terms, the recent arrest of members of Iran’s At the request of Mr. SANTORUM, the Jewish minority and urge their immediate name of the Senator from New Hamp- SENATE RESOLUTION 118 release; shire (Mr. SMITH) was added as a co- At the request of Mr. REID, the name (3) urge all nations having relations with sponsor of S. 801, a bill to amend the of the Senator from Texas (Mr. GRAMM) the Islamic Republic of Iran to condemn the Internal Revenue Code of 1986 to reduce was added as a cosponsor of Senate treatment of religious minorities in Iran and the tax on beer to its pre-1991 level. Resolution 118, a resolution desig- call for the release of all prisoners held on the basis of their religious beliefs; and S. 892 nating December 12, 1999, as ‘‘National (4) maintain the current United States pol- At the request of Mr. ROBB, his name Children’s Memorial Day.’’ icy toward the Islamic Republic of Iran un- was added as a cosponsor of S. 892, a f less and until that country moderates its bill to amend the Internal Revenue treatment of religious minorities. SENATE CONCURRENT RESOLU- Code of 1986 to permanently extend the f subpart F exemption for active financ- TION 41—EXPRESSING THE ing income. SENSE OF THE CONGRESS RE- SENATE RESOLUTION 125—ENCOUR- GARDING THE TREATMENT OF S. 894 AGING AND PROMOTING GREAT- RELIGIOUS MINORITIES IN THE At the request of Mr. CLELAND, the ER INVOLVEMENT OF FATHERS name of the Senator from Hawaii (Mr. ISLAMIC REPUBLIC OF IRAN, IN THEIR CHILDREN’S LIVES AND PARTICULARLY THE RE- INOUYE) was added as a cosponsor of S. AND DESIGNATING JUNE 20, 1999, 894, a bill to amend title 5, United CENT ARRESTS OF MEMBERS OF AS ‘‘NATIONAL FATHER’S RE- States Code, to provide for the estab- THAT COUNTRY’S JEWISH COM- TURN DAY’’ lishment of a program under which MUNITY Mr. LIEBERMAN (for himself, Mr. long-term care insurance is made Mr. SCHUMER submitted the fol- GREGG, Mr. BAYH, Mr. BROWNBACK, Mr. available to Federal employees and an- lowing concurrent resolution; which MACK, Mr. DODD, Mr. DOMENICI, Mr. nuitants, and for other purposes. was referred to the Committee on For- JEFFORDS, Mr. ALLARD, Mr. COCHRAN, S. 1010 eign Relations: Ms. LANDRIEU, Mr. BUNNING, Mr. ROBB, At the request of Mr. ROBB, his name S. CON. RES. 41 Mr. DORGAN, Mr. DASCHLE, Mr. AKAKA, was added as a cosponsor of S. 1010, a Whereas 10 percent of the citizens of the Is- Mr. GORTON, Mr. SMITH of Oregon, Mr. bill to amend the Internal Revenue lamic Republic of Iran are members of reli- ENZI, Mr. BENNETT, Mr. HUTCHINSON, Code of 1986 to provide for a medical in- gious minority groups; Mr. SESSIONS, Mr. DEWINE, Mr. CAMP- novation tax credit for clinical testing Whereas, according to the State Depart- BELL, and Mr. THURMOND) submitted ment and internationally recognized human research expenses attributable to aca- the following resolution; which was rights organizations, such as Human Rights considered and agreed to: demic medical centers and other quali- Watch and Amnesty International, religious fied hospital research organizations. minorities in the Islamic Republic of Iran— S. RES. 125 S. 1132 including Sunni Muslims, Baha’is, Chris- Whereas more than 1 out of every 3 chil- At the request of Mr. ROBB, his name tians, and Jews—have been the victims of dren currently live in a household where the was added as a cosponsor of S. 1132, a human rights violations solely because of child’s father does not reside; bill to amend the Internal Revenue their status as religious minorities; Whereas approximately half of all the chil- Whereas the 55th session of the United Na- dren born in the United States will spend at Code of 1986 to allow the reinvestment tions Commission on Human Rights passed least half of their childhood in a family of employee stock ownership plan divi- Resolution 1999/13, which expresses the con- without a father figure; dends without the loss of any dividend cern of the international community over Whereas approximately 40 to 50 percent of reduction. ‘‘continued discrimination against religious all marriages are predicted to end in divorce; S. 1145 minorities’’ in the Islamic Republic of Iran, Whereas approximately 3 out of every 5 di- and calls on that country to moderate its vorcing couples have at least 1 child; At the request of Mr. LEAHY, the policy on religious minorities until they are Whereas almost half of all children aged 11 name of the Senator from New Mexico ‘‘completely emancipated’’; through 16 that live in mother-headed homes (Mr. BINGAMAN) was added as a cospon- Whereas more than half the Jews in Iran have not seen their father in the last 12 sor of S. 1145, a bill to provide for the have been forced to flee that country since months; appointment of additional Federal cir- the Islamic Revolution of 1979 because of re- Whereas 79 percent of people in the United cuit and district judges, and for other ligious persecution, and many of them now States believe that the most significant fam- purposes. reside in the United States; ily or social problem facing the country is Whereas the Iranian Jewish community, the physical absence of fathers from the S. 1209 with a 2,500-year history and currently num- home, resulting in a lack of involvement of At the request of Mr. ROBB, his name bering some 30,000 people, is the oldest Jew- fathers in the rearing and development of was added as a cosponsor of S. 1209, a ish community living in the Diaspora; children; bill to amend the Internal Revenue Whereas five Jews have been executed by Whereas the likelihood that a young male Code of 1986 to restore pension limits the Iranian government in the past five will engage in criminal activity doubles if he to equitable levels, and for other pur- years without having been tried; is reared without a father and triples if he poses. Whereas there has been a noticeable in- lives in a neighborhood comprised largely of crease recently in anti-Semitic propaganda single-parent families; S. 1212 in the government-controlled Iranian press; Whereas studies reveal that even in high- At the request of Mr. CAMPBELL, the Whereas, on the eve of the Jewish holiday crime, inner city neighborhoods, over 90 per- name of the Senator from Pennsyl- of Passover 1999, thirteen or more Jews, in- cent of children from safe, stable, 2-parent vania (Mr. SANTORUM) was added as a cluding community and religious leaders in homes do not become delinquents; June 18, 1999 CONGRESSIONAL RECORD — SENATE S7271 Whereas compared to children reared in 2- order to reverse the trend of father absence veyance of such object to a foreign country parent families, children reared in single- and disengagement by encouraging and sup- or entity controlled by a foreign govern- parent families are less likely to complete porting responsible fatherhood and greater ment, unless specifically authorized by law. high school and thus, more likely as adults father involvement in children’s lives: Now, (b) DEFINITIONS.—In this section: to obtain low paying, unstable jobs; therefore, be it (1) ENTITY CONTROLLED BY A FOREIGN GOV- Whereas researchers have linked the pres- Resolved, That the Senate— ERNMENT.—The term ‘‘entity controlled by a ence of fathers with improved fetal and in- (1) recognizes that the creation of a better foreign government’’ has the meaning given fant development, and father-child inter- United States requires the active involve- that term in section 2536(c)(1) of title 10, action has been shown to promote a child’s ment of fathers in the rearing and develop- United States Code. physical well-being, perceptual abilities, and ment of their children; (2) VETERANS MEMORIAL OBJECT.—The term competency for interpersonal relations; (2) urges each father in the United States ‘‘veterans memorial object’’ means any ob- Whereas researchers have also found that to accept his full share of responsibility for ject, including a physical structure or por- both boys and girls demonstrate a greater the lives of his children, to be actively in- tion thereof, that— (A) is located at a cemetery of the Na- ability to take initiative and exercise self- volved in rearing his children, and to encour- tional Cemetery System, war memorial, or control when they are reared by fathers who age the emotional, academic, moral, and military installation in the United States; are actively involved in their upbringing; spiritual development of his children; (B) is dedicated to, or otherwise memorial- Whereas the general involvement of par- (3) urges the States to hold fathers who ig- izes, the death in combat or combat-related ents in the lives of their children has de- nore their legal responsibilities accountable duties of members of the United States creased significantly over the last genera- for their actions and to pursue more aggres- Armed Forces; and tion; sive enforcement of child support obliga- Whereas a Gallup Poll indicated that over (C) was brought to the United States from tions; abroad as a memorial of combat abroad.’’ 50 percent of all adults agree that fathers (4) encourages each father to devote time, today spend less time with their children energy, and resources to his children, recog- than their fathers spent with them; nizing that children need not only material SARBANES AMENDMENT NO. 689 Whereas nearly 20 percent of children in support, but also, more importantly, a se- Mr. SARBANES proposed an amend- grades 6 through 12 report that they have not cure, affectionate, family environment; ment to the bill, S. 688, supra; as fol- had a meaningful conversation with even 1 (5) urges governments and institutions at lows: parent in over a month; every level to remove barriers to father in- Whereas in a broad survey of 100,000 chil- On page 39, strike lines 14 and 15 and insert volvement and enact public policies that en- the following: ‘‘for a period commensurate dren in grades 6 through 12, less than half of courage and support the efforts of fathers the children ‘‘feel they have family bound- with the seriousness of the offense, as deter- who do want to become more engaged in the mined by Director General of the Foreign aries or high expectations from parents or lives of their children; teachers’’; Service, except that the personnel records (6) to demonstrate the commitment of the shall retain any record with respect to a rep- Whereas 3 out of 4 adolescents report that Senate to those critically important goals, ‘‘they do not have adults in their lives that rimand for not less than one year and any designates June 20, 1999, as ‘‘National Fa- record with respect to a suspension for not model positive behaviors’’; ther’s Return Day’’; Whereas in a widely cited study of the less than two years.’.’’. (7) calls on fathers around the country to health risks to the young people in the On page 41, line 15, strike ‘‘one year’’ and use the day to reconnect and rededicate United States, University of Minnesota re- all that follows through the end of line 22 an themselves to their children’s lives, to spend searchers found that ‘‘independent of race, insert the following: ‘‘two years after the oc- National Father’s Return Day with their ethnicity, family structure and poverty sta- currence giving rise to the grievance or, in children, and to express their love and sup- tus, adolescents who are connected to their the case of a grievance with respect to the port for them; and parents, their schools, and to their school grievant’s rater or reviewer, one year after (8) requests that the President issue a community are healthier than those who are the date on which the grievant ceased to be proclamation calling on the people of the not’’, and that ‘‘when teens feel connected to subject to rating or review by that person, United States to observe ‘‘National Father’s their families, and when parents are involved but in no case less than two years after the in their children’s lives, teens are pro- Return Day’’ with appropriate ceremonies occurrence giving rise to the grievance.’.’’. tected’’; and activities. Whereas millions of single mothers in the f DODD AMENDMENT NO. 690 United States are heroically struggling to AMENDMENTS SUBMITTED raise their children in safe and loving envi- (Ordered to lie on the table.) ronments; Mr. DODD submitted an amendment Whereas promoting responsible fatherhood intended to be proposed by him to the is not meant to diminish the parenting ef- FOREIGN RELATIONS bill, S. 886, supra; as follows: forts of single mothers, but rather to in- AUTHORIZATION ACT At the appropriate place in the bill, insert crease the chances that children will have 2 the following new section— caring parents to help them grow up healthy SEC. . TRANSFER OF AUTHORITY FOR CRIMINAL and secure; THOMAS AMENDMENT NO. 688 INVESTIGATIONS FROM STATE DE- Whereas many of this country’s leading ex- (Ordered to lie on the table.) PARTMENT INSPECTOR GENERAL TO DIPLOMATIC SECURITY SERVICE. perts on family and child development agree Mr. THOMAS submitted an amend- that it is in the best interest of both children (a) Section 37(a)(1) of the State Depart- and the United States to encourage more 2- ment intended to be proposed by him ment Basic Authorities Act of 1956 (22 U.S.C. parent, father-involved families to form and to the bill, S. 886, to authorize appro- 2709(a)(1)) is amended to read as follows: endure; priations for the Department of State ‘‘(1) conduct investigations— Whereas in 1994, the National Fatherhood for fiscal year 2000 and 2001; to provide (A) concerning illegal passport or visa Initiative was formed to further the goal of issuance or use; and for enhanced security at United States (B) concerning potential violations of Fed- raising societal awareness about the rami- diplomatic facilities; to provide for cer- eral criminal law by employees of the De- fications of father absence and father dis- tain arms control, nonproliferation, partment of State or the Broadcasting Board engagement by mobilizing a national re- and other national security measures; of Governors. sponse to father absence; (b) Section 209(c)(3) of the Foreign Service Whereas the Congressional Task Force on to provide for the reform of the United Nations; and for other purposes; as fol- Act of 1980 (22 U.S.C. 3929(c)(3)) is amended Fatherhood Promotion and the Senate Task by adding the following— Force on Fatherhood Promotion that were lows: ‘‘In such cases, the Inspector General shall formed in 1997, the Governors’ Task Force on At the appropriate place in the bill, insert immediately notify the Director of the Dip- Fatherhood Promotion of 1998, and the May- the following new section and renumber the lomatic Security Service, who, unless other- or’s Task Force on Fatherhood Promotion of remaining sections accordingly: wise directed by the Attorney General, shall 1999 were created to work in partnership ‘‘SEC. . PROHIBITION OF THE RETURN OF VET- assume the responsibility for the investiga- with the National Fatherhood Initiative; ERANS MEMORIAL OBJECTS TO FOR- tion.’’ Whereas on June 14, 1999, the National Fa- EIGN NATIONS WITHOUT SPECIFIC (b) The amendment made by this section therhood Initiative is holding a national AUTHORIZATION IN LAW. shall take effect October 1, 2000. summit on supporting urban fathers in (a) PROHIBITION.—Notwithstanding section (c) Not later than February 1, 2000, the Sec- Washington, D.C., to mobilize a response to 2572 of title 10, United States Code, or any retary of State and the State Department In- father absence by many powerful sectors of other provision of law, the President may spector General shall report to the appro- society, including public policy, social serv- not transfer a veterans memorial object to a priate congressional committees on— ices, educational, religious, entertainment, foreign country or entity controlled by a for- (1) the budget transfer required from the media, and civic groups; and eign government, or otherwise transfer or Inspector General to the Diplomatic Secu- Whereas those groups are working across convey such object to any person or entity rity Service to carry out the provisions of party, ideological, racial, and gender lines in for purposes of the ultimate transfer or con- this section; S7272 CONGRESSIONAL RECORD — SENATE June 18, 1999 (2) other budgetary resources necessary to (1) For fiscal year 2000, 52 percent. the United States should be considered a for- carry out the provisions of this section; (2) For fiscal year 2001, 39 percent. eign policy or proliferation issue; (3) any other matters relevant to the im- (3) For fiscal year 2002, 36 percent. (3) a description of current Department of plementation of this section. (4) For fiscal year 2003, 13 percent. State activities to monitor and, to the ex- (5) For fiscal year 2004, zero percent. tent possible ensure adequate control of, (b) CORE GRANTEES OF THE NATIONAL EN- both the licit and illicit manufacture, trans- FEINGOLD AMENDMENTS NOS. 691– DOWMENT FOR DEMOCRACY DEFINED.—In this fer, and proliferation of small arms and light 692 section, the term ‘‘core grantees of the Na- weapons, including efforts to survey and as- tional endowment for Democracy’’ means (Ordered to lie on the table.) sess this matter with respect to Africa and Mr. FEINGOLD submitted two the following: (1) The International Republican Institute to survey and assess the scope and scale of amendments intended to be proposed (IRI). the issue, including stockpile security and by him to the bill, S. 886, supra; as fol- (2) The National Democratic Institute destruction of excess inventory, in NATO lows: (NDI). and Partnership for Peace countries; (4) a description of the impact of the reor- AMENDMENT NO. 691 (3) The Center for International Private Enterprise (CIPE). ganization of the Department of State made At the appropriate place, insert: (4) The American Center for International by the Foreign Affairs Reform and Restruc- SEC.. Solidarity (also known as the ‘‘Solidarity turing Act of 1998 on the transfer of func- (a) FINDINGS.—The Congress finds as fol- Center’’). tions relating to monitoring, licensing, anal- lows: ysis, and policy on small arms and light (1) The International Criminal Tribunal for weapons, including— Rwanda (ICTR) was established to prosecute FEINSTEIN (AND OTHERS) (A) the integration of and the functions re- individuals responsible for genocide and AMENDMENT NO. 693 lating to small arms and light weapons of other serious violations of international hu- (Ordered to lie on the table.) the United States Arms Control and Disar- manitarian law committed in the territory Mrs. FEINSTEIN (for herself, Mr. mament Agency with those of the Depart- of Rwanda; ment of State; (2) A separate tribunal, the International FEINGOLD, and Mr. LEVIN) submitted an (B) the functions of the Bureau of Arms Criminal Tribunal for the former Yugoslavia amendment intended to be proposed by Control, the Bureau of Nonproliferation, the (ICTY), was created with a similar purpose them to the bill, S. 886, supra; as fol- Bureau of Political-Military Affairs, the Bu- for crimes committed in the territory of the lows: reau of International Narcotics and Law En- former Yugoslavia; On page 115, after line 18, add the following forcement, regional bureaus, and any other (3) The acts of genocide and crimes against new section: relevant bureau or office of the Department humanity that have been perpetrated ll SEC. . REPORTING REQUIREMENT ON WORLD- of State, including the allocation of per- against civilians in the Great Lakes region WIDE CIRCULATION OF SMALL ARMS sonnel and funds, as they pertain to small of Africa equal in horror the acts committed AND LIGHT WEAPONS. arms and light weapons; in the former Yugoslavia; (a) FINDINGS.—Congress makes the fol- (4) The ICTR has succeeded in issuing at lowing findings: (C) the functions of the regional bureaus of least 28 indictments against 48 individuals, (1) In numerous regional conflicts, the the Department of State in providing infor- and currently has in custody 38 individuals presence of vast numbers of small arms and mation and policy coordination in bilateral presumed to have led and directed the 1994 light weapons has prolonged and exacerbated and multilateral settings on small arms and genocide; conflict and frustrated attempts by the light weapons; (5) The ICTR issued the first conviction international community to secure lasting (D) the functions of the Under Secretary of ever by an international court for the crime peace. The sheer volume of available weap- State for Arms Control and International Se- of genocide against Jean-Paul Akayesu, the onry has been a major factor in the devasta- curity pertaining to small arms and light former mayor of Taba, who was sentenced to tion witnessed in recent conflicts in Angola, weapons; and life in prison; Cambodia, Liberia, Mozambique, Rwanda, (E) the functions of the scientific and pol- (6) The mandate of the ICTR is limited to Sierra Leone, Somalia, Sri Lanka, and Af- icy advisory board on arms control, non- acts committed only during calendar year ghanistan, among others, and has contrib- proliferation, and disarmament pertaining to 1994, yet the mandate of the ICTY covers se- uted to the violence endemic to small arms and light weapons; and rious violations of international humani- narcotrafficking in Colombia and Mexico. (5) an assessment of whether foreign gov- tarian law since 1991 through the present; (2) Increased access by terrorists, guerrilla ernments are enforcing their own laws con- (7) There have been well substantiated al- groups, criminals, and others to small arms cerning small arms and light weapons import legations of major crimes against humanity and light weapons poses a real threat to and sale, including commitments under the and war crimes that have taken place in the United States participants in peacekeeping Inter-American Convention Against the Il- Great Lakes region of Africa that fall out- operations and United States forces based licit Manufacturing of and Trafficking in side of the current mandate of the tribunal overseas, as well as to United States citizens Firearms, Ammunition, Explosives, and in terms of either the dates when, or geo- traveling overseas. Other Related Materials or other relevant graphical areas where, such crimes took (3) In accordance with the reorganization international agreements. place; of the Department of State made by the For- (8) The attention accorded the ICTY and eign Affairs Reform and Restructuring Act LEAHY (AND OTHERS) the indictments that have been made as a re- of 1998, effective March 28, 1999, all functions AMENDMENT NO. 694 sult of the ICTY’s broad mandate continue and authorities of the Arms Control and Dis- (Ordered to lie on the table.) to play an important role in current U.S. armament Agency were transferred to the Mr. LEAHY (for himself, Mr. FEIN- policy in the Balkans; Secretary of State. One of the stated goals of (9) The international community must that Act is to integrate the Arms Control GOLD, and Mr. REED, Mr. HARKIN, Mr. send an unmistakable signal that genocide and Disarmament Agency into the Depart- MCCONNELL, Mr. MOYNIHAN, Mr. KOHL, and other crimes against humanity cannot ment of State ‘‘to give new emphasis to a Mr. CHAFEE, Mr. KENNEDY, Mr. JEF- be committed with impunity; broad range of efforts to curb proliferation of FORDS, Mr. KERRY, Mrs. FEINSTEIN, (b) POLICY.—The President should instruct dangerous weapons and delivery systems’’. Mrs. MURRAY, Mr. SCHUMER, Mrs. the U.S. representative to the United Na- (b) REPORT.—Not later than 180 days after BOXER, Mr. DURBIN, and Mr. tions to advocate to the Security Council an the date of enactment of this Act, the Sec- WELLSTONE) submitted an amendment expansion of the mandate of the Inter- retary of State shall submit to the appro- national Criminal Tribunal for Rwanda to priate congressional committees a report intended to be proposed by them to the include crimes committed outside calendar containing— bill, S. 886, supra; as follows: year 1994 and in a broader geographical area. (1) an assessment of whether the export of At the appropriate place in the bil, insert small arms poses any proliferation problems the following: AMENDMENT NO. 692 including— SELF-DETERMINATION FOR EAST TIMOR On page 13, after line 10, add the following (A) estimates of the numbers and sources SEC. . (a) FINDINGS.—The Congress finds new section: of licit and illicit small arms and light arms as follows: SEC. 106. LIMITATIONS ON NONCOMPETITIVELY in circulation and their origins; (1) On May 5, 1999 the Governments of Indo- AWARDED NED GRANTS. (B) the challenges associated with moni- nesia and Portugal signed an agreement that (a) LIMITATIONS.—Of the total amount of toring small arms; and provides for an August 8, 1999 ballot orga- grants made by the National Endowment for (C) the political, economic, and security nized by the United Nations on East Timor’s Democracy in each of the following fiscal dimensions of this issue, and the threats political status; years, not more than the following percent- posed, if any, by these weapons to United (2) On January 27, 1999, President Habibie age for each such fiscal year shall be grants States interests, including national security expressed a willingness to consider independ- that are awarded on a noncompetitive basis interests; ence for East Timor if a majority of the East to the core grantees of the National Endow- (2) an assessment of whether the export of Timorese reject autonomy in the August 8th ment for democracy: small arms of the type sold commercially in ballot; June 18, 1999 CONGRESSIONAL RECORD — SENATE S7273 (3) Under the May 5th agreement the Gov- ‘‘$963,308,000 for the fiscal year 2000 and Labor as soon as practical after submission ernment of Indonesia is responsible for en- $963,308,000’’. by the President; suring that the August 8th ballot is carried On page 121, line 6, strike ‘‘$215,000,000 for (4) it should be the policy of the United out in a fair and peaceful way in an atmos- the fiscal year 2000 and $215,000,000’’ and in- States to continue to work with all foreign phere free of intimidation, violence or inter- sert ‘‘$235,000,000 for the fiscal year 2000 and nations and international organizations to ference; $235,000,000’’. promote an end to abusive and exploitative (4) The inclusion of anti-independence mi- child labor; and litia members in Indonesian forces respon- WELLSTONE (AND OTHERS) (5) ILO member States should take nec- sible for establishing security in East Timor essary steps to meet the standards and objec- violates the May 5th agreement which states AMENDMENT NO. 696 tives of the new ILO Convention. that the absolute neutrality of the military (Ordered to lie on the table.) and police is essential for holding a free and Mr. WELLSTONE (for himself, Mr. WELLSTONE AMENDMENT NO. 697 fair ballot; HARKIN, Mr. KOHL, Mr. LAUTENBERG, (5) The arming of anti-independence mili- (Ordered to lie on the table.) tias by members of the Indonesian military Mr. KENNEDY, and Mr. TORRICELLI) sub- Mr. WELLSTONE submitted an for the purpose of sabotaging the August 8th mitted an amendment intended to be amendment intended to be proposed by ballot has resulted in hundreds of civilians proposed by them to the bill S. 886, him to the bill, S. 886, supra; as fol- killed, injured or disappeared in separate at- supra; as follows: lows: tacks by these militias who continue to act On page 115, after line 18, insert the fol- At the appropriate place, insert the without restraint; lowing new section: following— (6) The United Nations Secretary General SEC. 730. SENSE OF SENATE REGARDING CHILD SEC.. has received credible reports of political vio- LABOR. Expressing the sense of Senate that the lence, including intimidation and killings, (a) FINDINGS.—The Senate makes the fol- global use of child soldiers is unacceptable by armed anti-independence militias against lowing findings: and that the International Community must unarmed pro-independence civilians; (1) The International Labor Organization find remedies to end this practice: (a) FINDINGS.—The Senate makes the fol- (7) There have been killings of opponents of (in this resolution referred to as the ‘‘ILO’’) lowing findings: independence, including civilians and militia estimates that at least 250,000,000 children (1) There are at least 300,000 children below members; under the age of 15 are working around the (8) The killings in East Timor hsould be the age of 18 who are involved in armed con- world, many of them in dangerous jobs that flict in at least 25 countries around the fully investigated and the individuals re- prevent them from pursuing an education sponsible brought to justice; world. This is an escalating international and damage their physical and moral well- humanitarian crisis which must be addressed (9) Access to East Timor by international being. human rights monitors and humanitarian or- promptly; (2) Children are the most vulnerable ele- (2) Children are uniquely vulnerable to ganizations is limited, and members of the ment of society and are often abused phys- press have been threatened; military recruitment because of their emo- ically and mentally in the work place. tional and physical immaturity, are easily (10) The presence of members of the United (3) Making children work endangers their Nations Assistance Mission in East Timor manipulated and can be drawn into violence education, health, and normal development. that they are too young to resist or under- has already resulted in an improved security (4) UNICEF estimates that by the year environment in the East Timorese capital of stand; 2000, over 1,000,000,000 adults will be unable (3) Children are most likely to become Dili; to read or write on even a basic level because child soldiers if they are orphans, refugees, (11) A robust international observer mis- they had to work as children and were not poor, separated from their families, dis- sion and police force throughout East Timor educated. placed from their homes, living in a combat is critical to creating a stable and secure en- (5) Nearly 41 percent of the children in Af- zone, or have limited access to education; vironment necessary for a free and fair bal- rica, 22 percent in Asia, and 17 percent in (4) Child soldiers, besides being exposed to lot; Latin America go to work without ever hav- the normal hazards of combat, are also af- (12) The Administration should be com- ing seen the inside of a classroom. flicted with other injuries due to their lives mended for its support for the United Na- (6) The President, in his State of the Union in the military. Young children may have tions Assistance Mission in East Timor address, called abusive child labor ‘‘the most sexually related illnesses, suffer from mal- which will provide monitoring and support intolerable labor practice of all,’’ and called nutrition, have deformed backs and shoul- for the ballot and include international civil- upon other countries to join in the fight ders which are the result of carrying loads ian police, military liaison officers and elec- against abusive and exploitative child labor. too heavy for them, as well as respiratory tion monitors; (7) The Department of Labor has conducted and skin infections; (b) POLICY.—The President, Secretary of 5 detailed studies that document the growing (5) One of the most egregious examples of State, Secretary of Defense, and the Sec- trend of child labor in the global economy, the use of child soldiers in the abduction of retary of the Treasury (acting through the including a study that shows children as thousands of children, some as young as 8 United States executive directors to young as 4 are making assorted products years of age, by the Lord’s Resistance Army internaional financial institutions) should that are traded in the global marketplace. (in this resolution referred to as the ‘‘LRA’’) immediately intensify their efforts to pre- (8) The prevalence of child labor in many in northern Uganda; vail upon the Indonesian Government and developing countries is rooted in widespread (6) The Department of State’s Country Re- military to— poverty that is attributable to unemploy- ports on Human Rights Practice for 1999 re- (A) disarm and disband anti-independence ment and underemployment among adults, ports that in Uganda the LRA abducted chil- militias; low living standards, and insufficient edu- dren ‘‘to be guerrillas and tortured them by (B) grant full access to East Timor by beating them, raping them, forcing them to cation and training opportunities among international human rights monitors, hu- march until collapse, and denying them ade- adult workers and children. manitarian organizations, and the press; quate food, water, or shelter.’’; (9) The ILO has unanimously reported a (C) allow Timorese who have been living in (7) Children who manage to escape from new Convention on the Worst Forms of Child exile to return to East Timor to participate LRA captivity have little access to trauma Labor. in the ballot; and care and rehabilitation programs, and many (10) The United States negotiators played a (2) the President should submit a report to find their families displaced, missing, dead, leading role in the negotiations leading up to the Congress, not later than 21 days after or fearful of having their children return the successful conclusion of the new ILO passage of this Act, containing a description home; Convention on the Worst Forms of Child of the Administration’s efforts and his as- (8) A large number of children have partici- Labor. sessment of steps taken by the Indonesian pated and been killed in the armed conflict (11) On September 23, 1993, the United Government and military to ensure a stable in Sri Lanka and the use of children as sol- States Senate unanimously adopted a resolu- and secure environment in East Timor, in- diers has led to a breakdown in law and order tion stating its opposition to the importa- cluding those steps described in paragraph in Sierra Leone; tion of products made by abusive and ex- (1). (9) Graca Machel, the former United Na- ploitative child labor and the exploitation of tions expert on the impact of armed conflict children for commercial gain. on children, identified the immediate demo- SARBANES AMENDMENT NO. 695 (b) SENSE OF THE SENATE.—It is the sense bilization of all child soldiers as an urgent (Ordered to lie on the table.) of the Senate that— priority, and recommended the establish- Mr. SARBANES submitted an (1) abusive and exploitative child labor ment through an optional protocol to the amendment intended to be proposed by should not be tolerated anywhere it occurs; Convention on the Rights of the Child of 18 (2) ILO member States should be com- him to the bill, S. 886, supra; as fol- as the minimum age for recruitment and mended for their efforts in negotiating this participation in armed conflict; and lows: historic convention; (10) The international community is trying On page 116, strike ‘‘$94,000,000 for the fis- (3) the Senate should consider the new ILO to reach a consensus on how to most effec- cal year 2000 and $940,000,000’’ and insert Convention on the Worst Forms of Child tively deal with this grave problem and S7274 CONGRESSIONAL RECORD — SENATE June 18, 1999 among these options is the raising of the life, a good marriage, or a lucrative job cials, foreign customs officials, or foreign international legal age of recruitment to 18 abroad, unexpectedly find themselves in sit- immigration officials; and years old; uations of forced prostitution, sweatshop (iii) any license for the export of an item (11) The International Committee of the labor, exploitative domestic servitude, or sold under contract to or for the officials de- Red Cross, the United Nations Children’s battering and extreme cruelty. scribed in clause (i); and Fund (UNICEF), the United Nations High (3) Trafficked women and children, girls (B) does not include assistance furnished Commission on Refugee, and the United Na- and boys, are often subjected to rape and under section 534 of the Foreign Assistance tions High Commissioner on Human Rights other forms of sexual abuse by their traf- Act of 1961 (22 U.S.C. 2346c; relating to the also support the establishment of 18 as the fickers and often held as virtual prisoners by administration of justice) or any other as- minimum age for military recruitment and their exploiters, made to work in slavery- sistance under that Act to promote respect participation in armed conflict; like conditions, in debt bondage without pay for internationally recognized human rights. (12) The United Nations has decided to and against their will. (2) TRAFFICKING.—The term ‘‘trafficking’’ make 18 the minimum age for its own peace- (4) The President, the First Lady, the Sec- means the use of deception, coercion, debt keeping forces; retary of State, the President’s Interagency bondage, the threat of force, or the abuse of (13) International organizations such as Council on Women, and the Agency for Inter- authority to recruit, transport within or the European Parliament and the 8th Assem- national Development have all identified across borders, purchase, sell, transfer, re- bly of the World Council of Churches have trafficking in women as a significant prob- ceive, or harbor a person for the purpose of condemned the use of child soldiers; lem. placing or holding such person, whether for (14) Religious leaders such as Pope John (5) The Fourth World Conference on pay or not, in involuntary servitude, or slav- Paul II and Nobel Peace Prize winner Arch Women (Beijing Conference) called on all ery or slavery-like conditions, or in forced, Bishop Desmond Tutu have urged that chil- governments to take measures, including bonded, or coerced labor. dren no longer be used as soldiers; legislative measures, to provide better pro- (3) VICTIM OF TRAFFICKING.—The term ‘‘vic- (15) US civic organizations drawn from the tection of the rights of women and girls in tim of trafficking’’ means any person sub- religious, peace and justice and human trafficking, to address the root factors that jected to the treatment described in para- rights communities such as the 36 member put women and girls at risk to traffickers, graph (2). organizations of the Washington Coalition and to take measures to dismantle the na- SEC. ll05. INTER-AGENCY TASK FORCE TO MON- on Child Soldiers seek US support for alle- tional, regional, and international networks ITOR AND COMBAT TRAFFICKING. viating this crisis; on trafficking. (a) ESTABLISHMENT.— (16) The United Nations created a Working (6) The United Nations General Assembly, (1) IN GENERAL.—There is established with- Group to negotiate language that would for- noting its concern about the increasing num- in the Department of State in the Office of mulate an Optional Protocol to the Conven- ber of women and girls who are being victim- the Secretary of State an Inter-Agency Task tion on the Rights of the Child, which would ized by traffickers, passed a resolution in Force to Monitor and Combat Trafficking (in raise the age of recruitment of children. 1998 calling upon all governments to crim- this section referred to as the ‘‘Task (17) For the past four years the inter- inalize trafficking in women and girls in all Force’’). The Task Force shall be co-chaired national community has been negotiating its forms and to penalize all those offenders by the Assistant Secretary of State for De- language for an Optional Protocol without involved, while ensuring that the victims of mocracy, Human Rights, and Labor Affairs reaching a consensus agreement: Now, there- these practices are not penalized. and the Senior Coordinator on International fore, be it Resolved, That the Senate hereby— (7) Numerous treaties to which the United Women’s Issues, President’s Interagency 1) Joins the international community in States is a party address government obliga- Council on Women. condemning the use of children as soldiers tions to combat trafficking, including such (2) APPOINTMENT OF MEMBERS.—The mem- and combatants by governmental and non- treaties as the 1956 Supplementary Conven- bers of the Task Force shall be appointed by governmental armed forces; tion on the Abolition of Slavery, the Slave the Secretary of State. The Task Force shall 2) Expresses the sense of Congress that US Trade and Institutions and Practices Similar consist of no more than twelve members. policy should be one of permitting consensus to Slavery, which calls for the complete abo- (3) COMPOSITION.—The Task Force shall in- lition of debt bondage and servile forms of on the language of an Optional Protocol. clude representatives from the— marriage, and the 1957 Abolition of Forced 3) Directs the State Department to address (A) Violence Against Women Office, Office Labor Convention, which undertakes to sup- positively and expediently this issue in the of Justice Programs, Department of Justice; press and requires signatories not to make next session of the Working Group, before (B) Office of Women in Development, use of any forced or compulsory labor. this process is abandoned, resulting there- United States Agency for International De- ll fore in the protection of hundreds of thou- SEC. 03. PURPOSES. velopment; and sands of children from the life of a soldier The purposes of this subtitle are to con- (C) Bureau of International Narcotics and demn and combat the international crime of and the horrors of war; Law Enforcement Affairs, Department of trafficking in women and children and to as- 4) Directs the State Department to study State. sist the victims of this crime by— the issue of the rehabilitation of former (4) STAFF.—The Task Force shall be au- (1) setting a standard by which govern- child soldiers, the manner in which their suf- thorized to retain up to five staff members ments are evaluated for their response to fering can be alleviated and the positive role within the Bureau of Democracy, Human trafficking and their treatment of victims; that the US can play in such an effort, and Rights, and Labor Affairs, and the Presi- (2) authorizing and funding an interagency to submit a report to Congress on the issue dent’s Interagency Council on Women to pre- task force to carry out such evaluations and pare the annual report described in sub- of rehabilitation of child soldiers and their to issue an annual report of its findings to families. section (b) and to carry out additional tasks include the identification of foreign govern- which the Task Force may require. The Task ments that tolerate or participate in traf- Force shall regularly hold meetings on its WELLSTONE AMENDMENT NO. 698. ficking and fail to cooperate with inter- activities with nongovernmental organiza- (Ordered to lie on the table.) national efforts to prosecute perpetrators; tions. (3) assisting trafficking victims in the Mr. WELLSTONE submitted an (b) ANNUAL REPORT TO CONGRESS.—Not United States by providing humanitarian as- later than March 1 of each year, the Sec- amendment intended to be proposed by sistance and by providing them temporary retary of State, with the assistance of the him to the bill, S. 886, supra; as fol- nonimmigrant status in the United States; Task Force, shall submit a report to Con- lows: (4) assisting trafficking victims abroad by gress describing the status of international On page 115, after line 18, add the following providing humanitarian assistance; and trafficking, including— new subtitle: (5) denying certain forms of United States (1) a list of foreign states where trafficking foreign assistance to those governments originates, passes through, or is a destina- Subtitle C—International Trafficking of which tolerate or participate in trafficking, tion; and Women and Children Victim Protection abuse victims, and fail to cooperate with (2) an assessment of the efforts by the gov- SEC. ll01. SHORT TITLE. international efforts to prosecute perpetra- ernments described in paragraph (1) to com- This subtitle may be cited as the ‘‘Inter- tors. bat trafficking. Such an assessment shall national Trafficking of Women and Children SEC. ll04. DEFINITIONS. address— Victim Protection Act of 1999’’. In this subtitle: (A) whether any governmental authorities SEC. ll02. FINDINGS. (1) POLICE ASSISTANCE.—The term ‘‘police tolerate or are involved in trafficking activi- Congress makes the following findings: assistance’’— ties; (1) The worldwide trafficking of persons (A) means— (B) which governmental authorities are in- has a disproportionate impact on women and (i) assistance of any kind, whether in the volved in anti-trafficking activities; girls and has been and continues to be con- form of grant, loan, training, or otherwise, (C) what steps the government has taken demned by the international community as a provided to or for foreign law enforcement toward ending the participation of its offi- violation of fundamental human rights. officials, foreign customs officials, or foreign cials in trafficking; (2) The fastest growing international traf- immigration officials; (D) what steps the government has taken ficking business is the trade in women, (ii) government-to-government sales of any to prosecute and investigate those officials whereby women and girls seeking a better item to or for foreign law enforcement offi- found to be involved in trafficking; June 18, 1999 CONGRESSIONAL RECORD — SENATE S7275 (E) what steps the government has taken Trafficking of Women and Children Victim authorized to be appropriated to the Sec- to prohibit other individuals from partici- Protection Act of 1999), retary of State $2,000,000 for fiscal year 2000 pating in trafficking, including the inves- for a stay of not to exceed 3 months in the and $2,000,000 for fiscal year 2001. tigation, prosecution, and conviction of indi- United States, except that any such alien (b) AUTHORIZATION OF APPROPRIATIONS TO viduals involved in trafficking, the criminal who has filed a petition seeking asylum or THE SECRETARY OF HHS.—To carry out the and civil penalties for trafficking, and the ef- who is pursuing civil or criminal action purposes of section ll08(a), there are au- ficacy of those penalties on reducing or end- against traffickers shall have the alien’s sta- thorized to be appropriated to the Secretary ing trafficking; tus extended until the petition or litigation of Health and Human Services $20,000,000 for (F) what steps the government has taken reaches its conclusion.’’. fiscal year 2000 and $20,000,000 for fiscal year to assist trafficking victims, including ef- (b) WAIVER OF GROUNDS FOR INELIGIBILITY 2001. forts to prevent victims from being further FOR ADMISSION.—Section 212(d) of the Immi- (c) AUTHORIZATION OF APPROPRIATIONS TO victimized by police, traffickers, or others, gration and Nationality Act (8 U.S.C. 1182(d)) THE PRESIDENT.—To carry out the purposes grants of stays of deportation, and provision is amended— of section ll08(b), there are authorized to of humanitarian relief, including provision (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and be appropriated to the President $20,000,000 of mental and physical health care and shel- (2) by adding at the end the following: for fiscal year 2000 and $20,000,000 for fiscal ter; ‘‘(2) The Attorney General shall, in the At- year 2001. (G) whether the government is cooperating torney General’s discretion, waive the appli- (d) PROHIBITION.—Funds made available to with governments of other countries to ex- cation of subsection (a) (other than para- carry out this subtitle shall not be available tradite traffickers when requested; graph (3)(E)) in the case of a nonimmigrant for the procurement of weapons or ammuni- (H) whether the government is assisting in described in section 101(a)(15)(T), if the At- tion. international investigations of transnational torney General considers it to be in the na- trafficking networks; and tional interest to do so.’’. MCCAIN AMENDMENT NO. 699 (I) whether the government— (c) INVOLUNTARY SERVITUDE.—Section 1584 (i) refrains from prosecuting trafficking of title 18, United States Code, is amended— (Ordered to lie on the table.) victims or refrains from other discrimina- (1) inserting ‘‘(a)’’ before ‘‘Whoever’’; Mr. MCCAIN submitted an amend- tory treatment towards trafficking victims (2) by striking ‘‘or’’ after ‘‘servitude’’; ment intended to be proposed by him due to such victims having been trafficked, (3) by inserting ‘‘transfers, receives or har- to the bill, S. 886, supra; as follows: or the nature of their work, or their having bors any person into involuntary servitude, At the end of the bill, add the following left the country illegally; and or’’ after ‘‘servitude,’’; and new section: (ii) recognizes the rights of victims and en- (4) by adding at the end the following: Notwithstanding any other provision of sures their access to justice. ‘‘(b) In this section, the term ‘involuntary law, the Inspector General of the Depart- (c) REPORTING STANDARDS AND INVESTIGA- servitude’ includes trafficking, slavery-like ment of State shall serve as the Inspector TIONS.— practices in which persons are forced into General of the Inter-American Foundation (1) RESPONSIBILITY OF THE SECRETARY OF labor through non-physical means, such as and shall have all the authorities and re- STATE.—The Secretary of State shall ensure debt bondage, blackmail, fraud, deceit, isola- sponsibilities with respect to the Inter- that United States missions abroad maintain tion, and psychological pressure.’’. American Foundation as the Inspector Gen- a consistent reporting standard and thor- (d) TRAFFICKING VICTIM REGULATIONS.—Not eral has with respect to the Department of oughly investigate reports of trafficking. later than 180 days after the date of enact- State. (2) CONTACTS WITH NONGOVERNMENTAL OR- ment of this Act, the Attorney General and f GANIZATIONS.—In compiling data and assess- the Secretary of State shall jointly promul- ing trafficking for the Human Rights Report gate regulations for law enforcement per- ADDITIONAL STATEMENTS and the Inter-Agency Task Force to Monitor sonnel, immigration officials, and Foreign and Combat Trafficking Annual Report, Service officers requiring that— United States mission personnel shall seek (1) Federal, State and local law enforce- SEAPLANE CREW’S BATTLE FOR out and maintain contacts with human ment, immigration officials, and Foreign RECOGNITION rights and other nongovernmental organiza- Service officers shall be trained in identi- tions, including receiving reports and up- fying and responding to trafficking victims; ∑ Mr. MOYNIHAN. Mr. President, I dates from such organizations, and, when ap- (2) trafficking victims shall not be jailed, bring to the Senate’s attention an ex- propriate, investigating such reports. fined, or otherwise penalized due to having cellent article written by Alan Emory, SEC. ll06. INELIGIBILITY FOR POLICE ASSIST- been trafficked, or nature of work; the Senior Washington Correspondent ANCE. (3) trafficking victims shall have access to for the Watertown Daily Times, enti- (a) INELIGIBILITY.—Except as provided in legal assistance, information about their tled ‘‘WWII Seaplane Crew Still Bat- subsection (b), any foreign government iden- rights, and translation services; tling With Navy Red Tape Over Med- tified in the latest report submitted under (4) trafficking victims shall be provided section ll05 as a government that— protection if, after an assessment of security als.’’ Mr. Emory tells the incredible (1) has failed to take effective action to- risk, it is determined the trafficking victim story of the rescue of a U.S. Airman by wards ending the participation of its officials is susceptible to further victimization; and the crew of the Patrol Bomber Martin in trafficking; and (5) prosecutors shall take into consider- from the waters off Japan in World War (2) has failed to investigate and prosecute ation the safety and integrity of trafficked II. Remarkably, the crew was denied meaningfully those officials found to be in- persons in investigating and prosecuting the proper recognition for this act, and volved in trafficking, traffickers. they have battled over the years to shall not be eligible for police assistance. SEC. ll08. ASSISTANCE TO TRAFFICKING VIC- right that wrong. (b) WAIVER OF INELIGIBILITY.—The Presi- TIMS. At the time the rescue took place, dent may waive the application of subsection (a) IN THE UNITED STATES.—The Secretary (a) to a foreign country if the President de- of Health and Human Services is authorized the Navy, according to those involved, termines and certifies to Congress that the and encouraged to provide, through the Of- promised the pilot the Navy Cross and provision of police assistance to the country fice of Refugee Resettlement, assistance to his crew the Silver Star. When the is in the national interest of the United trafficking victims and their children in the medals were actually awarded, how- States. United States, including mental and physical ever, all were awarded lesser medals. SEC. ll07. PROTECTION OF TRAFFICKING VIC- health services, and shelter. The disappointed crew accepted the TIMS. (b) IN OTHER COUNTRIES.—The President, medals without complaint. Years later (a) NONIMMIGRANT CLASSIFICATION FOR acting through the Administrator of the when an appeal was filed, the Navy re- United States Agency for International De- TRAFFICKING VICTIMS.—Section 101(a)(15) of jected the claim on the grounds that the Immigration and Nationality Act (8 velopment, is authorized and encouraged to U.S.C. 1101(a)(15)) is amended— provide programs and activities to assist the deadline for such appeals had (1) by striking ‘‘or’’ at the end of subpara- trafficking victims and their children passed. But, a 1997 law waived the time graph (R); abroad, including provision of mental and limitation on appeals for such heroic (2) by striking the period at the end of sub- physical health services, and shelter. Such acts. paragraph (S) and inserting ‘‘; or’’; and assistance should give special priority to The Navy has denied that any prom- (3) by adding at the end the following new programs by nongovernmental organizations ise was made to the pilot or the crew. subparagraph: which provide direct services and resources However, a newly declassified docu- for trafficking victims. ‘‘(T) an alien who the Attorney General ment from six months after the rescue determines— SEC. ll09. AUTHORIZATION OF APPROPRIA- ‘‘(i) is physically present in the United TIONS. showed that in fact the Navy had States, and (a) AUTHORIZATION OF APPROPRIATIONS FOR promised the pilot, Robert H. Macgill, ‘‘(ii) is or has been a trafficking victim (as THE INTER-AGENCY TASK FORCE.—To carry the Navy Cross. The crew had signed defined in section ll04 of the International out the purposes of section ll05, there are affidavits that they were promised the S7276 CONGRESSIONAL RECORD — SENATE June 18, 1999 Silver Star. Unfortunately no docu- and consistent’’ with those awarded at the Judi Briner of St. Louis, daughter of PBM ment has been found to back up their time. crewman Robert Briner, who has terminal claim, but this in no way decreases the The Navy argued steadily that there was cancer, told Mr. Quinn she would like to see no documentary proof that a Navy Cross for gravity of this oversight. Rep. Ike Shelton, D-Mo., an influential mem- Mr. Macgill and Silver Stars for his crew had ber of the House Armed Services Committee, To date, the Department of the Navy actually been recommended, although all in- brought into the case. has refused to upgrade the medal sta- volved signed affidavits that they had been Ironically, Mr. Quinn found out that an- tus of those involved, though the case promised those medals. other St. Louis resident, whose plea for a is still under review. I thank Mr. A declassified Navy memorandum six Bronze Star for his great-uncle had been ig- Emory for bringing this important act months after the rescue shows that Mr. nored for more than a year, received the of bravery and incredible oversight to Macgill had been recommended for a Navy medal two weeks after Rep. Jim Talent, R- our attention. Cross, though it does not affirm the oral rec- Mo., got in touch with the Army. It came I ask that the article be printed into ommendation for the Silver Stars for Mr. along with a letter entitled, ‘‘Expedite/Con- Quinn and the others. gressional Interest.’’ the RECORD. Mr. Quinn says that, instead of a trio of The Navy’s Awards Branch has never chal- The article follows: ‘‘antique, disjointed medal-beggars,’’ they lenged the description of the PMB crew’s [From the Watertown Daily Times, Apr. 4, were bolstered by the discovery that Mr. combat bravery. Instead, Mr. Quinn asserts, 1999] Macgill was alive in Miami. its accounts of the medal dispute are ‘‘dia- WWII SEAPLANE CREW STILL BATTLING WITH His address was found by a computer metrically opposed’’ and, he feels, are ‘‘taint- NAVY RED TAPE OVER MEDALS search, with a phone number that gave only ed and (should be) disallowed.’’ a recorded response, but he received a for- (By Alan Emory) A former assistant state attorney general, warded letter and, last Oct. 30, phoned Mr. he says he flew Navy planes for 26 years, four WASHINGTON—One of the most daring ex- Quinn and confirmed the original medal rec- in World War II, and he holds a Vietnam War ploits of World War II took place in the ommendations. Campaign Medal. He says, ‘‘I do not easily water off Kobe, Japan, on July 24, 1945. The PBM seaplane, known in Navy slang as throw in towels.’’ The war itself ended about a month later. a Dumbo because of its size, was part of a Richard Danzig, the new Navy secretary, For the pilot, copilot and crew of the huge rescue squadron stationed at Okinawa on the who is scheduled to address the National Patrol Bomber Martin (PBM) seaplane that seaplane tender Pine Island. Their mission Press Club on Tuesday, told Sen. Moynihan plucked a U.S. airman out of the water as was to rescue airmen shot down while raid- Jan. 28 that the Navy Awards Branch was re- Japanese boats headed for him, however, a ing Japanese installations. viewing the documents. post-war battle with Navy bureaucracy is Their aircraft was enormous, with a At a March 11 Capitol Hill meeting with still going on, nearly 54 years later. wingspread equal to the height of a 12-story key lawmakers and their aides, Ms. Heath The men, now all in their 70s, were prom- building, and was very slow. said the Navy had, since the 50th anniversary ised certain medals—a Navy Cross for pilot On July 24, 1945, Mr. Heck was shot down of World War II, been ‘‘inundated with re- Robert H. Macgill of Miami, Fla., and Silver and floated in a life jacket for about five quests’’ for a new look at the war’s awards, Stars for the others. All agree the pilot regu- hours in Kobe harbor. A radio call asked, ‘‘Is and Jeane Kirk, her aide, insisted the Quinn larly receives the highest honor because he there a Dumbo in the area?’’ and the Macgill situation was ‘‘not all that unique.’’ makes the key decisions. crew answered affirmatively. Sixteen Corsair Congressional staffers raised the possi- When medals were awarded however, Mr. fighters formed an escort and strafed Japa- bility of a ‘‘bureaucratic snafu’’ leading to Macgill received a Silver Star and the others nese boats trying to reach Mr. Heck. the medal downgrades. They stressed that Air Medals, which are given to any service The PBM flew over the docks of Kobe at an the PBM mission was ‘‘different,’’ but the personnel performing five flights in a combat altitude of about 400 feet, with people stand- Navy could not explain why it had not been area. ing there watching, according to the Nov. 16, treated that way. Though disappointed, the fliers accepted 1998, deposition of Mr. Macgill. The fighter their downgraded decorations without com- The congressional pressure, however, did escort, getting low on fuel, had to leave. have an impact. plaint, but a Korean War fighter pilot heard A Japanese fighter made a run at the PMB, The Navy officials promised to ‘‘reboard,’’ about the situation and launched an appeal and shore batteries opened antiaircraft fire, or review, the case with a panel of four ‘‘sen- to the Navy Department with the help of the but, Mr. Macgill says, it was ‘‘amazing’’ that ior captains.’’ PBM copilot, David C. Quinn. they were not shot down. More than 14 hours Secretary Danzig had promised a ‘‘careful The Navy rejected the appeal, saying the after they had left Okinawa, they returned, study.’’ deadline for such awards had expired. Last hugging the Japanese coast, with the rescued Rep. John M. McHugh, R-Pierrepont year, however, the ‘‘Mariner/Marlin Associa- fighter pilot. Manor, the senior New Yorker on the House tion Newsletter’’ reported that a 1997 law had The official Navy report said, ‘‘The Dumbo, Armed Services Committee, feels that if the waived the time limitation, and many war sweating out the remaining fuel, returned to issue were brought before the full New York heroes had medal eligibility restored. Okinawa at 300 feet altitude and approxi- congressional delegation and, possibly, the The Navy stood its ground, however, so Mr. mately 10 miles offshore.’’ committee, it would receive a sympathetic Quinn, a North Salem, N.Y., lawyer and hus- Mr. Macgill, quoting Navy officers there, hearing. band of syndicated columnist Jane Bryant said they believed it was ‘‘impossible’’ to ∑ Quinn, took his case to Rep. Sue W. Kelly, R- achieve an air-sea rescue on Japan’s main- f Katonah, and Sen. Daniel Patrick Moynihan land. TRIBUTE TO GENERAL CHARLES D–N.Y. The evidence was reviewed, and they ‘‘I distinctly recall,’’ he said, that Squad- agreed the higher-level medals should be ron Commanding Officer Lt. Cmdr. William C. KRULAK awarded. Bonvillian and Capt. William L. Erdmann, ∑ Mr. LOTT. Mr. President, I’d like to Their case took on added political clout Greenburg, Ind., the officer in charge of res- pay a special tribute today to General when one of the crewmen, Jerrold A. Watson, cue missions, had both said they were urging Charles C. Krulak, the 31st Com- now a peach grower in Monetta, S.C., turned the Navy Cross for Mr. Macgill and Silver mandant of the Marine Corps, soon to out to be a constituent of both Chairman Stars for the others. Floyd Spence, R-S.C., of the House Armed ‘‘My original memory was correct,’’ he relinquish command of our nation’s Services Committee, and Sen. J. Strom said, and the confusion over his own medal Corps of Marines after almost forty Thurmond, R-S.C., former chairman of the was never carried over to the ‘‘unquestioned years in uniform. With receipt of his Senate Armed Services Committee. recommendation’’ that the others in the final orders, directing him to stand- Sen. Moynihan called the rescue of the crew receive Silver Stars. down and retire from active duty, an downed Corsair fighter pilot, Ensign Edwin Mr. Quinn maintains that an official Navy evolutionary change will occur—mark- A. Heck, 22, of Barrackville, W.Va., ‘‘an act account, marked ‘‘Secret,’’ disputes the find- ing the first time in 70 years that a of bravery deserving of high recognition.’’ ing that his rescue occurred ‘‘seven miles Rep. Kelly said the ‘‘extraordinary res- southwest of Kobe’’ and therefore, should be Krulak will be absent from the rolls of cue,’’ in the water off Japan’s fourth largest lumped in with other missions. the United States Marine Corps. His fa- city, merited ‘‘something more than an Air A Smithsonian Institution Press book ther, Lieutenant General Brute Medal.’’ about the exploits of 28 World War II combat Krulak, served as the Commanding She rejected the finding by Karen S. pilots in their own words includes the Quinn General, Fleet Marine Forces Pacific. Heath, principal deputy to the Navy’s chief story because of the uniqueness of air-sea From the blood stained rice fields of of manpower and reserve affairs, that the rescues and the high-risk Kobe flight. Vietnam, where General Krulak com- awards were appropriate, countering that One war correspondent wrote that it was manded Marines during two tours of they resulted from ‘‘errors in Navy records.’’ ‘‘perhaps the most daring and the most spec- Last September, then-Navy Secretary tacular of all Pacific air-sea rescues,’’ the duty, to the wind swept sands of Ku- John H. Dalton told Sen. Moynihan that up- first into the Inland Sea, with the downed wait where General Krulak lead his grading the Quinn medal was ‘‘not war- pilot within the sight of people walking the men to victory, this Marine has distin- ranted,’’ and the Air Medal was ‘‘appropriate streets of Kobe. guished himself time and time again. June 18, 1999 CONGRESSIONAL RECORD — SENATE S7277 For his devoted service to our coun- ciated. He will be sorely missed, but NATIONAL MEN’S HEALTH WEEK try and for the brave Marines he led, surely not forgotten. Once a Marine, ∑ Mr. FRIST. Mr. President, as we General Krulak was awarded the Silver Always a Marine. Semper Fi.∑ honor our fathers, grandfathers and Star Medal; Bronze Star Medal with f husbands this Fathers’ Day, it is im- Combat ‘‘V’’ and two gold stars; Purple portant to recognize the crisis that is Heart with gold star; Combat Action TRIBUTE TO EVE LUBALIN taking place with regard to men’s Ribbon; and the Republic of Vietnam ∑ Mr. LAUTENBERG. Mr. President, as health. As highlighted by National Cross of Gallantry. Men’s Health Week, which ends on Fa- While General Krulak’s inspirational you know, this will be my last term in the Senate. My 17 years here have been thers’ Day, this crisis in the health and leadership has always characterized his well-being of American men is ongoing, military service, it is his tenure as the exciting and challenging. And I’d like to think my work here has made a real increasing, and predominantly silent. 31st Commandant of the Marine Corps National Men’s Health Week, which difference in giving Americans a that will resonate long and far into the was established in 1994 under the lead- healthier, safer country. next millennium, ensuring the Marine ership of former Senate Majority Lead- But I have not done it alone. I had a Corps remains the world’s premier cri- er Bob Dole, has helped shed light on lot of help from a very dedicated staff. sis response force—the Nation’s 911 some of the primary factors that have And one staffer in particular deserves force. A professional force that is com- lead to this steady deterioration: lack special recognition for her outstanding mitted, capable, and reliable to meet of awareness, inadequate health edu- leadership and her commitment to the any challenge, under any cir- cation, and culturally-induced behav- causes that have defined my career in cumstance, anytime and anyplace in ior patterns at work and at home. the world. the Senate. Many have rightly argued, that one General Krulak had the wisdom and That staffer is Eve Lubalin, my chief main cause is the cultural message foresight to field an agile and adapt- of staff, who recently announced her that men should not react to pain. Men able force—a Corps of Marines who retirement after 17 years with my of- continue to fear the risk of appearing could prevail against the multifaceted fice. unmanly, or merely mortal, if they threats which would challenge our Na- Eve joined my staff as legislative di- change their behavior or their environ- tion’s security and its interests. Gen- rector in 1983, when I was just getting ment. Unfortunately that includes vis- eral Krulak understood the importance to know my way around the Senate. its to the doctor. On average, women of developing new concepts and tech- From the start, she impressed me with on average make 6.5 visits per year niques that would ensure decisive vic- her intelligence, her vision and her wit. while men average 4.9. tory in the ‘‘savage wars of peace.’’ He She never lost sight of the goals that I This lack of attention to health is forged his Corps of Marines through set, and she never failed to deliver 100 perhaps best demonstrated by male unrelenting sacrifice, initiative, and percent of her talent and her energy to mortality figures. In 1920, the life ex- courage. accomplish those goals. pectancy of men and women was rough- His many initiatives as Commandant In 1986, I promoted her to chief of ly the same. Since that time, however, include, the Marine Corps Warfighting staff. She has been our team leader the life expectancy of men has steadily Laboratory, the DoD lead in nonlethal ever since. And somehow, even with all dropped when compared to women. In weapons technology and the Chemical the hours she has put in on the job, and 1990, life expectancy for women was 78.8 Biological Incident Response Force. He there were countless hours, she has years but only 71.8 years for men. created and implemented the ‘‘Trans- managed to maintain a full healthy re- Today, the life expectancy of men is a formation Process’’ of making Ma- lationship with her husband, Jim, and full 10 percent below that of women. rines—a holistic approach to recruiting their daughter, Kendra. And I know she Another indicator: men have a higher and developing young men and women looks forward to spending more time death rate for every one of the top 10 to ensure they have the skills and basic with them during the years ahead. leading causes of death. Men are twice character needed to effectively meet Eve’s high standards made her a star as likely to die of heart disease, the na- the asymmetric 21st century threat. in the academic world even before she tion’s leading killer. In fact, one in Today, the Corps is meeting its re- came to work for me. In 1966, she grad- every five men will suffer a heart at- cruiting requirements, forty-eight uated summa cum laude from Syracuse tack before age 65. months consecutively and achieved its University. From there, she went on to Male specific cancers, testicular and retention goals —a testimony to the obtain a master’s degree from the Uni- prostate, and other non-gender specific wisdom and foresight of General versity of Virginia and a Ph.D. in Po- cancers have also reached epidemic Krulak. litical Science from Johns Hopkins. proportions among men. One in six will A key contributor to the Marine She later worked in several key staff develop prostate cancer at some point Corps family and a person General positions for Senator Birch Bayh from in his life, and African-American men Krulak owes much success to is his Indiana. After her tenure in Senator are especially at risk, with a death rate wife, Zandi Krulak. She gave dignity Bayh’s office, she also worked as an ad- that is twice the rate of white men. and grace to the maturation of the Ma- vocate for the city of New York on leg- Death by suicide and violence is an- rine Corps family. islative issues. other predominantly male phe- In closing I want to recognize Gen- When she arrived in my office, Eve nomenon. Men are the victims of ap- eral Krulak for his uncompromising in- made my priorities her priorities. And proximately three out of four homi- tegrity to always do the right thing, we scored some significant victories to- cides, and account for approximately for the Nation and his beloved Corps. gether. The laws I authored raising the four out of every five deaths by suicide. The Marine Corps is a better institu- national drinking age to 21, banning Workplace accidents are also a major tion today then it was four years ago, smoking on domestic airplane flights, killer. Ninety-eight percent of all em- thanks to the sacrifice and devotion to cleaning up the environment—these ployees in the 10 most dangerous jobs duty by General Krulak. He has made a were battles we fought together. I are men, and 94 percent of all those significant and lasting contribution to could not have asked for a more loyal who die in the workplace are men. the Corps and to this Nation’s security. comrade-in-arms than Eve Lubalin. As demonstrated by the events this Through his stewardship there is a re- Mr. President, I hope my colleagues week on Capitol Hill—like the health newed sense of esprit de corps. will join me in wishing Eve the very screenings for prostate and colorectal I call on my colleagues on both sides best as she moves on from the Senate. cancer hosted by the Men’s Health Net- of the aisle, to wish General Krulak, And I want Eve to always remember work—National Men’s Health Week has his wife Zandi and their two sons, how much I and everyone connected done much to end the silence sur- David and Todd, fair winds and fol- with my office appreciates her con- rounding the real state of health of lowing seas as he steps down as the 31st tributions. She is a model public serv- American men. But much more needs Commandant of the Marine Corps. Gen- ant, a spectacular leader and person. I to be done. This Fathers’ Day let us all eral Krulak’s distinguished and faithful wish her a happy and rewarding retire- do everything we can to silence as well service to our country is greatly appre- ment.∑ the cultural mind set that has claimed S7278 CONGRESSIONAL RECORD — SENATE June 18, 1999 the lives of so many of our husbands, accomplishments will resonate long as ‘‘Sergeant Major.’’ There was a spe- fathers, and brothers. Let’s show them into the next millennium, ensuring cial bond between these men that the how much we truly love them by mak- that the Marine Corps remains the rest of us could only hope to achieve. ing them aware of the very real—and world’s premier crisis response force. In closing, I want to recognize Gen- very preventable—dangers that await I remember that during a 1996 Senate eral Krulak for his uncompromising in- them if they fail to pay attention to Armed Services Committee hearing on tegrity to always do the right thing for their health.∑ the posture of our military, the service the Nation and his beloved Corps, and f chiefs were asked what they needed for his unwavering conviction that ex- most. The other service chiefs rattled emplifies a way of life, not just a TRIBUTE TO GENERAL CHARLES off some new weapons systems. Not motto. It speaks powerfully to the citi- C. KRULAK Chuck Krulak. The Senate always re- zens he serves. It has been my good for- Mr. LOTT. Mr. President, I know a lied on his frank and honest opinion, tune, and the Senate’s good fortune, to number of Senators are going to want no matter the issue. He wanted Gore- witness the resolve of a person who be- to join me in paying tribute to a great Tex cold weather gear and boots for his lieves so strongly about the institution Marine, the Commandant, General troops. General Krulak has always in which he serves. General Krulak, the Krulak. I hope that others will come to placed his Marines first. That is why he Marine Corps is a better institution the floor this afternoon, or on Monday, is loved as Commandant. The people today than it was 4 years ago. and join me in expressing our apprecia- came first; the men and women of the Your sacrifice and devotion to duty tion for the work he has done. Marine Corps came first. have made it so. You have provided a Mr. President, Marines do it all—in General Krulak is a visionary, a per- significant and lasting contribution to the air, on the land, and on the sea. son who clearly understands the situa- your Corps and to the Nation’s secu- With a service like the Marine Corps, tion at hand. He understood the impor- rity. Through your leadership, there is sometimes people come in and say: tance of developing new concepts and a renewed sense of esprit de corps. Well, can’t they go ahead and just be in techniques that would ensure decisive Those who follow your example will be charge of it all? I certainly understand victory in the ‘‘savage wars of peace.’’ a testament to the legacy you leave be- that when you get to know an out- He forged his Corps of Marines through hind. standing man like General Krulak. It is unrelenting sacrifice, initiative, and I wish General Krulak, your wonder- especially true when you consider that courage. ful wife Zandi, and your two sons, the Nation’s Marines have a tremen- His foresight resulted in the creation David and Todd, ‘‘fair winds and fol- dous record of pride and history and of the Marine Corps Warfighting Lab, lowing seas’’ as you step down as the going out and doing the job when it is taking the DOD lead in nonlethal 31st Commandant of the Marine Corps the toughest. Their attitude has been weapons technology and the creation of on June 30, 1999. Your distinguished exemplified by this feisty, pull-no- the Chemical Biological Incident Re- and faithful service to our country is punches Commandant. I have really ap- sponse Force. He created and imple- greatly appreciated. You will be sorely preciated the fact that when I met with mented the ‘‘Transformation Process’’ missed but surely not forgotten. Thank God for the Marines Corps, him privately and asked him direct of making Marines—a holistic ap- thank God for General Krulak. questions, he gave me direct answers. I proach to recruiting and developing The PRESIDING OFFICER. Acting in have appreciated the fact that when he young men and women to ensure they my capacity as an individual Senator has been before committees of Con- have the skills and basic character from Kansas and a former marine, let gress—particularly the Armed Services needed to effectively meet the Asym- me thank the majority leader and indi- Committee—he responded in a way he metric 21st century threat. He labored cate what all marines would indicate thought was best for our country, as to to institutionalize the Marine Corps were they present—‘‘oo-yah.’’ what the marines really needed, and core values of honor, courage and com- The distinguished Senator from Mon- not necessarily what he was expected mitment, while maintaining, and in tana is recognized. to say or even told to say. That is typ- many cases elevating, performance Mr. BURNS. Mr. President, I am ical of the Marines and typical of this standards in every aspect of the Marine pleased and honored to stand with Sen- General and his family. Corps recruiting and development proc- ator LOTT today, our majority leader, So I want to pay special tribute to esses, be they mental, physical, or in honor of the coming change of com- General Charles C. Krulak, the 31st moral. mand of the U.S. Marine Corps and the Commandant of the Marine Corps, soon Today, the Corps has met its recruit- Commandant and the retirement of to relinquish command of our Nation’s ing requirements forty-eight months Gen. Charles C. Krulak. Corps of Marines after almost 40 years consecutively and has achieved its re- We all share one thing, and I think in uniform. General Krulak’s retire- tention goals—a testimony to the wis- the leader missed one thing the Gen- ment will mark the first time in 70 dom and foresight of General Krulak. eral stands for. It is written out there years that a Krulak will be absent from General Krulak not only pursued bet- on the Iwo Jima Memorial. Uncommon the rolls of the United States Marine ter Marines and asked for Marines to valor was a common virtue. Every ma- Corps. His father, Lieutenant General be capable of winning our Nation’s fu- rine carries that and semper fi. As a Brute Krulak, served as a Commanding ture battles, but he also made better former enlisted marine, there is no General, Fleet Marine Forces Pacific. Americans. He promoted a focus on other comparable military fraternity. General Krulak’s illustrious career is character development and high eth- In fact, I credit the Marines Corps for replete with achievements from the ical and moral standards. He stressed saving my life. I remember as a young blood-stained rice fields of Vietnam, the core values of honor, courage, and man I was sort of adrift. The Marine where he commanded Marines during commitment, which exemplify the Corps has the habit of setting a person two tours of duty, to the wind-swept Corps. They are attributes that will straight. sands of Kuwait, where he commanded serve the Marines well long after they I share the kindred spirit that is fun- Marines during the Gulf War. have hung up their uniforms. In a way, damentally the heart and the soul of For his devoted service to our coun- I don’t think Marines ever hang up the Corps. It has been my pleasure to try and for the brave Marines he led, their uniforms; they wear them the work with General Krulak in my duties General Krulak was awarded the Silver rest of their lives. as chairman of the Senate Military Star Medal; Bronze Star Medal with I remember, years ago, I had on my Construction Appropriations Com- Combat ‘‘V’’ and two gold stars; Purple staff a man that worked on the Mis- mittee since he assumed his duties as Heart with gold star; Combat Action sissippi Gulf Coast, Cecil Dubuisson, a the 31st Commandant in 1995. Ribbon; and the Republic of Vietnam Sergeant Major. A Sergeant Major in His military career extended back al- Cross of Gallantry. the Marine Corps is really super-spe- most 40 years to his entry in the U.S. During his tenure as the 31st Com- cial. As we traveled around South Mis- Naval Academy. He graduated in 1964 mandant of the Marine Corps, the Sen- sissippi into Louisiana, I would run and went on to The Basic School in ate has come to know of many of the into people—young men and older Quantico, VA. He continued to distin- virtues of this modern-day warrior. His men—and they always recognized him guish himself in command positions June 18, 1999 CONGRESSIONAL RECORD — SENATE S7279 too numerous to count, including two up his tractor. He had all the hydraulic ation is generally hollow; and of why it tours in Vietnam. During the gulf war, lifts and he could chase his cattle and is so important that we do what we can General Krulak commanded the 2nd do his farming. He never whimpered to minimize the economically para- Force Service Support Group for the once. He, too earned the Bronze Star lyzing effects of a predictable and ut- Atlantic Fleet Marine Forces. If you and has lived a life that is truly the terly overwhelming legal snarl. read through his commendation list, it model of an American and a marine The memorandum, sent to various seems he earned almost every award that we all know and notice. members of Congress, is particularly and decoration possible, including the I remember that meeting when we compelling because its authors do not Defense Distinguished Service Medal, a went to that dinner, when the general represent businesses that may be sued, Silver Star, Bronze Star, two Gold met the corporal that evening. It was a but are members of an international Stars, and a Purple Heart, just to make special moment in the human experi- non-profit association of engineers and a few. ence. There was no rank, just a special computer scientists. I think it goes to show every Amer- feeling of two warriors who faced and The memorandum is so good that ican how appropriate it was for General survived the horrors of war. I will rather than simply have it printed in Krulak to be nominated for the Com- never forget that moment. It reminded the RECORD, I will read it: mandant’s office. He told me the other me why this Nation, this United TAB YEAR 2000 TECHNICAL, day that when he leaves the Marines States, will lead the world and why the INFORMATION FOCUS GROUP, Corps this will be the first time a Corps is respected wherever it is as- Piscataway, NJ, June 9, 1999. Krulak has not been in a marine uni- signed. It has dedicated men and To: Members, Senate Commerce, Science form for over 80 years. What a great women who have a sense of duty, the And Transportation Committee; Members, tradition. He knows the marines. He willingness to win but also a quality of Special Senate Committee On The Year 2000 Technology Problem; Members, House was raised in the society. He stood up heart. of Representatives Committee on Science, for them and their fundamental beliefs. Every change of command brings Subcommittee on Technology; Members, In his farewell to the Corps in the happiness and sadness. There is satis- Committee on Government Reform, Sub- June edition of Leatherneck Magazine, faction and appreciation for a job well committee on Government Management General Krulak reminds us of two sim- done, and there is mourning for depart- Information, and Technology; Sponsors, ple qualities that define all marines. ing the fellowship of the Corps. The House Bill ‘‘Year 2000 Readiness and Re- First is the Touchstone of Valor. When good news is there is no such thing as sponsibility Act of 1999,’’ H.R. 775. marines are called to battle, they suit an ex-marine. I am convinced that Gen- Re: Year 2000 Liability Legislation. up and go, and they fight. Winning is eral Krulak will be as effective in his From: The Institute of Electrical and Elec- mandatory; losing is not an option. future position as he was a marine. tronics Engineers (IEEE), Technical Ac- This has been true from the earliest tivities Board, Year 2000 Technical Infor- On behalf of United States, I say mation Focus Group. days of the Revolutionary War through thank you, General, for your incredible DEAR HONORABLE SENATORS, CONGRESSMEN modern-day battles. The battle list is service and your dedication to your AND CONGRESSWOMEN: As leaders of the Y2K long and distinguished: Iwo Jima, In- country. We owe you and all marines a effort of the Institute of Electrical and Elec- chon, Danang, Kuwait, and now debt that can never be repaid. You tronics Engineers (IEEE), the oldest and Kosovo. The Commandant reminds us have lived honorably in extraordinary largest international non-profit association that ‘‘the memory of the marines who circumstances and have left the Corps of engineers and computer scientists in the fought in these battles lives in us and stronger and more capable in your world, we would like to offer some thoughts in the core values of our precious on the pending legislation involving Y2K li- wake. We say, Semper Fi. ability obtained from our years of work and Corps.’’ Now we welcome a new Commandant, collective wisdom spent studying Y2K. The The second quality is the Touchstone another marine who has stood the test IEEE has drafted an Institute position on of Values. Marines have always held on the field of battle and among his Y2K Legal Liability regarding United States themselves to the highest standards. peers. I have no doubt about the future federal law, to which our committee greatly Words like ‘‘honor,’’ ‘‘courage,’’ and of this Nation’s U.S. Marine Corps. The contributed. We offer these additional ‘‘commitment’’ are convictions that tradition continues. thoughts in hopes that they may further as- are embedded within the recruitment I yield the floor. sist your understanding as you attempt to and training of all marines. Semper reconcile two very valid but conflicting un- The PRESIDING OFFICER. The dis- derlying public policy goals in structuring Fidelis is not just a Marine Corps tinguished Senator from Washington is and passing the Year 2000 Liability Legisla- motto; it is a heartfelt passion. recognized. tion currently under consideration. When you hear General Krulak’s f Minimize Damage to the Economy and statement, you understand why the TECHNICAL REALITIES OF THE Y2K Quality of Life: minimize the overall damage name U.S. Marine brings confidence to to the nation’s economy and quality of life ACT America’s allies and general respect by reducing the need of organizations to re- from all of our potential enemies. He Mr. GORTON. Mr. President, earlier direct their limited resources away from the was a leader by example and he will this week the Senate passed a bill that task of maintaining their operations in the continue to be a leader by example. He tries to bring some reason to the legal face of Y2K in order to defend themselves chaos that could result from Y2K fail- from lawsuits arising from alleged Y2K fail- stood as an anchor on the Joint Chiefs, ures. paving the way for Congress to make ures and Wednesday evening the Sen- Maximize Incentive for Y2K Failure Pre- some progress in military readiness. He ate appointed conferees to reconcile vention: maximize the incentive of every or- is widely known for his openness, his the differences between the House and ganization to prevent Y2K failures as well as honesty, and his cruel truth. Senate bills. I rise today to commend preserve the legal rights and remedies avail- The general has the toughness of the the Senate for doing this, and to read able for those seeking legitimate redress for Corps, but he has a sensitive side also, from an excellent memorandum under- wrongs they may suffer resulting from Y2K which is the quality of a leader. scoring the need for a quick resolution failures. I have a shirttail cousin who served and final passage of a conference re- In addressing public policy issues we have no more expertise than the literate public. in the Marine Corps and was wounded port. However, we do possess expertise in the tech- in Vietnam. Last summer, Cpl. Dan A memorandum prepared by the Year nical issues underlying the situation that Critten and his wife visited this town 2000 Technical Information Focus should be considered as you weigh the con- and attended a dinner and we were hon- Group of the Institute for Electrical flicting public policy goals in formulating ored to have General Krulak attend. and Electronics Engineers, the ‘‘I triple appropriate Year 2000 Liability Legislation. Danny is confined to a wheelchair be- E,’’ provides the best analyses and ex- In particular, for your consideration we offer cause of his injury sustained in Viet- planations I have seen of the com- the following points pertaining to the tech- nam. He was at Danang. As it turned plexity of Y2K litigation; of why the nical realities of Y2K. 1. Prevention of all Y2K Failures Was out, General Krulak was just a hill argument we heard during floor debate Never Possible: For many large and impor- away that very day. Dan came home that the bill is designed to protect tant organizations, technical prevention of back to Missouri in a wheelchair, and ‘‘bad actors’’ and that it fails to pro- all Y2K failures has never been possible in he went right back to farming. He fixed vide sufficient incentives for remedi- any practical way for these reasons: S7280 CONGRESSIONAL RECORD — SENATE June 18, 1999 1.1 ‘‘Y2K Compliant’’ Does Not Equal ‘‘No tional ways of handling dates. The customer/ ures can be overcome. The following points Y2K Failures.’’ If an organization makes all user organizations, especially larger, older bear on these questions. of its systems ‘‘Y2K compliant’’, it does not ones, have created much of their application 4.1 Y2K Is a Long Term, Not Short Term, mean that that same organization will not software in-house. When new products are in- Problem. Irrespective of the notion of Y2K experience Y2K failures causing harm to troduced into the buying organization, the being about time, a point in time, or the fix- itself and other organizations. In fact, efforts customer/user usually has vast amounts of ation on the rollover event at midnight De- to become ‘‘Y2K compliant’’ in one place data already in place that have date formats cember 31, 1999, or even the name ‘Year 2000’ could be the direct cause of such failures in and meaning already established. These for- itself, Y2K computer problems will be caus- others. If interconnected systems are made mats and meanings cannot be changed as a ing computer system malfunctions and fail- compliant in different ways, they will be in- practical matter. The majority of, and the ures for years into the next decade. Y2K is compatible with each other. Many systems longest-lasting, potential system problems much more about the dates that can span the in government and industry are mistakenly lay in application software and the data they century boundary represented in data that being treated as if they were independent process, not in clock functions. (Clock-based must be processed by software than it is and fixed in the most expedient way for each failures, those likely to happen early in Jan- about any calendar time or clock issues. Be- of them. When this ‘‘Humpty Dumpty’’ is put uary 2000, while potentially troublesome, cause of the vast amounts of these, the com- back together again, it will not work as ex- will be for the most part localized and of plex intertwining among them and our less pected without complete testing, which is short duration.) Various service providers than complete understanding of the whole, it unlikely (see Complexity Kills below). can be optionally called in to help plan and will take years for the infrastructure to 1.2 All Problems Are Not Visible or Con- apply technology for business purposes. But ‘‘calm down’’ after Y2K impacts themselves trollable. In the best case organizations can it is only when these are all merged together AND the impacts of the sometimes frantic only address those things they can see and and put to actual use that failures can and misguided changes we have made to it. those things they have control over. Given emerge. It is very rare that one of them The current prevention phase is only the be- this reality, many Y2K failures are inevi- alone can cause a failure that carries legal ginning. table because some technical problems will consequences. 4.2 Rapid and Effective Organizational not be discernible prior to a failure, and oth- 2.2 Many Things Are Outside the Control Adaptability Will Be a Prime Necessity. ers, while discernible, may not be within an of Any Defendant. Incoming data from exter- They key to an organization’s ability to con- organizations’ jurisdictional control to cor- nal sources outside its control may be cor- tinue to provide the goods and services other rect. This is especially true in large complex rupted, incompatible or missing. Devices and organizations and individuals need to con- organizations with large amounts of richly systems embedded in critical purchased tinue their operations will be determined by interconnected software involved in long and equipment may be beyond the defendant’s an organization’s ability to adapt its prac- complex information chains and in systems knowledge or legal access. Non-technical tices and policies quickly and effectively in containing a high degree of embedded de- goods and services the defendant depends the face of potentially numerous, rapid and vices or systems purchased in whole from ex- upon may not be available due to Y2K prob- unexpected events. ternal parties. (The temporary lifting of cer- lems within their source organizations or 4.3 Lawsuits, Actual or Threatened, Will tain copyright and reverse engineering re- distribution channel. Divert Requisite Resources. Preventing and strictions for specific Y2K protection efforts 2.3 There Will Be a Strong Defense of Im- minimizing harm to society from Y2K dis- should also be considered as long as copy- practicability. Existing large-scale systems ruption is different than, and at times op- right holders are not unduly harmed.) were not made safe from Y2K long ago for posed to, protecting one’s organization from 1.3 Incoming Data May Be Bad or Miss- good reasons. Many systems resist large- legal liability. Addressing lawsuits, and even ing. To maintain their operations many or- scale modernization (e.g., IRS, FAA Air the threat of a lawsuit, will divert requisite ganizations require data imported from Traffic Control, Medicare) for the same rea- resources, particularly management atten- other organizations over which they have no sons. Wide-spread, coordinated modifications tion, from an organization’s rapid and effec- control. Such data may have unknowingly across entrenched, diverse, interconnected tive adaptation. This is already happening been corrupted, made incompatible by mis- systems is technically difficult if not impos- regarding technical prevention and will get guided compliance efforts or simply missing sible at the current level of transformational worse the longer such legal threats remain. due to the upstream organizations lawful technology. New products must be made to Organizational management has much more business decisions. operate within the established environment, experience dealing with legal threats than 1.4 Complexity Kills. The internal com- especially date data formats. Technology they do addressing something as unique and plexity of large systems, the further com- producers will claim, with reason, that the unprecedented as Y2K. Their tendency is to plexity due to the rich interconnections be- determining factor in any Y2K failures lay in address the familiar at the expense of the tween systems, the diversity of the technical the way the customer chose to integrate novel. They must be allowed to focus on the environments in type and vintage of most their products into its environment. It will greater good. large organizations and the need to make be asserted, perhaps successfully, by user or- 4.4 Judicial System Overload Is Another even small changes in most systems will ganizations that economic impracticability Danger. Given the great interactive and overwhelm the testing infrastructure that prevented the prevention of Y2K failures. Re- interdependent complexity of Y2K’s impact was never designed to test ‘‘everything at gardless of the judicial outcome, it will take on the operations of our institutions on a na- once.’’ Hence, much software will have to be a long time and many resources to finally re- tional and global scale, the effort to deter- put back into use without complete testing, solve. And that resolution may have to come mine exactly what happened, why it hap- a recipe, almost a commandment, for wide- in thousands of separate cases. pened and who is legally responsible for each spread failures. 3. Complexity and Time Negates Any Legal micro-event is itself a huge undertaking re- 2. Determining Legal Liability Will Be Liability Incentive. Even if making all of an quiring the resolution of many questions. Very Difficult. Traditionally the makers of organization’s systems ‘‘Y2K compliant’’ For the legal and judicial system to attempt products that underlie customer operations would render an organization immune from to resolve the legal rights and remedies of af- are liable if those products are ‘‘defective’’ Y2K failures (it will not), the size and com- fected parties while Y2K impacts are still un- enough to unreasonably interfere with those plexity of the undertaking is such that if any folding will, in any case, threaten to over- operations resulting in damage. Y2K is dif- but the smallest organization is not already whelm the legal and judicial system’s capac- ferent in that those customers themselves well into the work, there is not enough time ity to assure justice in the matter, let alone are also at risk for legal action if they fail to for the incentive of legal liability to have its ability to continue to do its other nec- fulfill contractual obligations or fail to any discernible positive effect on the out- essary work. maintain their stock values and their failure come. As an analogy, providing any kind of For all of the reasons discussed above, we to ‘‘fix’’ their Y2K problems can be shown as incentive to land a man on Mars within one support limitations on Y2K-related legal li- the cause. This customer base of technology year would have no effect on anyone’s efforts ability. Minimizing harm and assessing producers cannot be overlooked in this issue. to achieve that unless they had been already blame are each formidable and important As it constitutes most of the organizations working to that end for many years. A nega- tasks, but they cannot be done simulta- in the world, its needs and the implications tive effect will result from management di- neously without sacrificing one for the of legislative actions on it considered now verting resources from prevention into legal other. Minimizing harm is more important should not be overshadowed by undue focus protection. and there is an increased threat to our wel- on the much smaller technology producer 4. The Threat of Legal Action Is a Dan- fare if assessing blame adversely interferes sector. Nonetheless, even there liability is gerous Distraction at a Critical Time. There with our ability to minimize harm. The not as clear as tradition might indicate. Sev- will be system failures, especially in large, value of incentives at this late date is very eral factors make liability determination old, richly interconnected ‘‘systems of sys- small. We trust that the collective wisdom of difficult, expensive, time consuming and not tems’’ as exist in the financial services and Congress will find ways to reduce these at all certain. government sector. The question is how to threats. We have additional background ma- 2.1 There Is a Shared Responsibility Be- keep such technical failures from becoming terial available. Please contact IEEE staff tween Buyers, Sellers and Users of Tech- business or organization failures. We should contact Paula Dunne if you are interested in nology. Computer products themselves have be asking ourselves how we as a society can this material. We have other ideas beyond only clocks that have dates in them. Appli- best keep the flow of goods and services the scope of this legislation of what the U.S. cation software products usually offer op- going until the technical problems and fail- federal government can do to help minimize June 18, 1999 CONGRESSIONAL RECORD — SENATE S7281 harm throughout this crisis. We are ready to Whereas approximately half of all the chil- that it is in the best interest of both children help in any way you may deem appropriate. dren born in the United States will spend at and the United States to encourage more 2- Respectfully, least half of their childhood in a family parent, father-involved families to form and THE INSTITUTE OF ELECTRICAL AND without a father figure; endure; ELECTRONICS ENGINEERS (IEEE), Whereas approximately 40 to 50 percent of Whereas in 1994, the National Fatherhood TECHNICAL ACTIVITIES BOARD, YEAR 2000 all marriages are predicted to end in divorce; Initiative was formed to further the goal of TECHNICAL INFORMATION FOCUS GROUP. Whereas approximately 3 out of every 5 di- raising societal awareness about the rami- Mr. President, the bill we passed ear- vorcing couples have at least 1 child; fications of father absence and father dis- Whereas almost half of all children aged 11 engagement by mobilizing a national re- lier this week is modest. It may very through 16 that live in mother-headed homes sponse to father absence; well not meet all the concerns ex- have not seen their father in the last 12 Whereas the Congressional Task Force on pressed by the IEEE. The legislation months; Fatherhood Promotion and the Senate Task may, however, at least reduce these Whereas 79 percent of people in the United Force on Fatherhood Promotion that were threats. As a consequence, we must States believe that the most significant fam- formed in 1997, the Governors’ Task Force on enact meaningful legislation and we ily or social problem facing the country is Fatherhood Promotion of 1998, and the May- must enact it quickly. the physical absence of fathers from the or’s Task Force on Fatherhood Promotion of home, resulting in a lack of involvement of 1999 were created to work in partnership f fathers in the rearing and development of with the National Fatherhood Initiative; USE OF CAPITOL GROUNDS children; Whereas on June 14, 1999, the National Fa- Whereas the likelihood that a young male therhood Initiative is holding a national Mr. GORTON. Mr. President, I ask will engage in criminal activity doubles if he summit on supporting urban fathers in unanimous consent that the Senate is reared without a father and triples if he Washington, D.C., to mobilize a response to proceed to the immediate consider- lives in a neighborhood comprised largely of father absence by many powerful sectors of ation of H. Con. Res. 105, which is at single-parent families; society, including public policy, social serv- the desk. Whereas studies reveal that even in high- ices, educational, religious, entertainment, The PRESIDING OFFICER. The crime, inner city neighborhoods, over 90 per- media, and civic groups; and cent of children from safe, stable, 2-parent Whereas those groups are working across clerk will report. homes do not become delinquents; party, ideological, racial, and gender lines in The legislative clerk read as follows: Whereas compared to children reared in 2- order to reverse the trend of father absence A concurrent resolution (H. Con. Res. 105) parent families, children reared in single- and disengagement by encouraging and sup- authorizing the law enforcement torch run parent families are less likely to complete porting responsible fatherhood and greater for the 1999 Special Olympics World Games high school and thus, more likely as adults father involvement in children’s lives: Now, to be run through the Capitol Grounds. to obtain low paying, unstable jobs; therefore, be it There being no objection, the Senate Whereas researchers have linked the pres- Resolved, That the Senate— proceeded to consider the concurrent ence of fathers with improved fetal and in- (1) recognizes that the creation of a better fant development, and father-child inter- United States requires the active involve- resolution. action has been shown to promote a child’s ment of fathers in the rearing and develop- Mr. GORTON. Mr. President, I ask physical well-being, perceptual abilities, and ment of their children; unanimous consent that the resolution competency for interpersonal relations; (2) urges each father in the United States be agreed to, the motion to reconsider Whereas researchers have also found that to accept his full share of responsibility for be laid upon the table, and that any both boys and girls demonstrate a greater the lives of his children, to be actively in- statements relating to the resolution ability to take initiative and exercise self- volved in rearing his children, and to encour- age the emotional, academic, moral, and be printed in the RECORD. control when they are reared by fathers who spiritual development of his children; The PRESIDING OFFICER. Without are actively involved in their upbringing; Whereas the general involvement of par- (3) urges the States to hold fathers who ig- objection, it is so ordered. ents in the lives of their children has de- nore their legal responsibilities accountable The concurrent resolution (H. Con. creased significantly over the last genera- for their actions and to pursue more aggres- Res. 105) was agreed to. tion; sive enforcement of child support obliga- f Whereas a Gallup Poll indicated that over tions; 50 percent of all adults agree that fathers (4) encourages each father to devote time, NATIONAL FATHER’S RETURN DAY today spend less time with their children energy, and resources to his children, recog- Mr. GORTON. Mr. President, I ask than their fathers spent with them; nizing that children need not only material unanimous consent that the Senate Whereas nearly 20 percent of children in support, but also, more importantly, a se- cure, affectionate, family environment; proceed to the immediate consider- grades 6 through 12 report that they have not had a meaningful conversation with even 1 (5) urges governments and institutions at ation of S. Res. 125, submitted earlier parent in over a month; every level to remove barriers to father in- today by Senators LIEBERMAN, GREGG, Whereas in a broad survey of 100,000 chil- volvement and enact public policies that en- and others. dren in grades 6 through 12, less than half of courage and support the efforts of fathers The PRESIDING OFFICER. The the children ‘‘feel they have family bound- who do want to become more engaged in the clerk will report. aries or high expectations from parents or lives of their children; The legislative clerk read as follows: teachers’’; (6) to demonstrate the commitment of the Whereas 3 out of 4 adolescents report that Senate to those critically important goals, A resolution (S. Res. 125) encouraging and ‘‘they do not have adults in their lives that designates June 20, 1999, as ‘‘National Fa- promoting greater involvement of fathers in model positive behaviors’’; ther’s Return Day’’; their children’s lives and designating June Whereas in a widely cited study of the (7) calls on fathers around the country to 20, 1999, as ‘‘National Father’s Return Day.’’ health risks to the young people in the use the day to reconnect and rededicate There being no objection, the Senate United States, University of Minnesota re- themselves to their children’s lives, to spend proceeded to consider the resolution. searchers found that ‘‘independent of race, National Father’s Return Day with their Mr. GORTON. Mr. President, I ask ethnicity, family structure and poverty sta- children, and to express their love and sup- unanimous consent that the resolution tus, adolescents who are connected to their port for them; and be agreed, the preamble be agreed to, parents, their schools, and to their school (8) requests that the President issue a the motion to reconsider be laid upon community are healthier than those who are proclamation calling on the people of the United States to observe ‘‘National Father’s the table, and that any statements re- not’’, and that ‘‘when teens feel connected to their families, and when parents are involved Return Day’’ with appropriate ceremonies lating to the resolution appear at the in their children’s lives, teens are pro- and activities. appropriate place in the RECORD. tected’’; f The PRESIDING OFFICER. Without Whereas millions of single mothers in the objection, it is so ordered. United States are heroically struggling to ORDERS FOR MONDAY, JUNE 21, The resolution (S. Res. 125) was raise their children in safe and loving envi- 1999 agreed to. ronments; Mr. GORTON. Mr. President, I ask The preamble was agreed to. Whereas promoting responsible fatherhood unanimous consent that when the Sen- The resolution, with its preamble, is not meant to diminish the parenting ef- ate completes its business today, it reads as follows: forts of single mothers, but rather to in- crease the chances that children will have 2 stand in adjournment until 12 noon on S. RES. 125 caring parents to help them grow up healthy Monday, June 21. I further ask unani- Whereas more than 1 out of every 3 chil- and secure; mous consent that on Monday, imme- dren currently live in a household where the Whereas many of this country’s leading ex- diately following the prayer, the Jour- child’s father does not reside; perts on family and child development agree nal of proceedings be approved to date, S7282 CONGRESSIONAL RECORD — SENATE June 18, 1999 the morning hour be deemed to have You may remember that Vice Presi- says: Thou shalt not kill, saying to expired, the time for the two leaders be dent GORE came to the floor, cast the people who want to buy and sell these reserved for their use later in the day, deciding vote, broke the tie, and we guns without any background checks, and the Senate then proceed to a pe- passed a bill which would try to close accept your moral responsibility for riod for morning business for 1 hour, the loopholes for the sales of firearms what is about to occur. with Senators permitted to speak for at so-called gun shows, trying to find a The Illinois State Police did a survey up to 10 minutes each, with the fol- way—any way we can—to reduce the of the crime guns they had confiscated lowing exceptions: Senator VOINOVICH, likelihood that guns will get into the recently and found over 25 percent of 30 minutes; Senator DURBIN, or his des- hands of children and criminals. them came out of these gun shows, sold ignee, 30 minutes; Senator ROBERTS, 15 America’s heart was broken by to people who, frankly, face no back- minutes. Littleton, CO. Families across Amer- ground check whatsoever. The PRESIDING OFFICER. Without ica, who may have heard these numb- We tried to close that loophole in the objection, it is so ordered. ing statistics about 13 children a day Senate; the House has failed. We can- Mr. GORTON. I further ask unani- dying, finally realized it could happen not leave this issue alone. mous consent that following morning there—it could happen in Littleton, f business, the Senate begin consider- CO, in Conyers, GA, in Jonesboro, AR, THE PATIENTS’ BILL OF RIGHTS ation of S. 1233, the agricultural appro- in Pearl, MS, West Paducah, KY, priations bill. Springfield, OR, or in Springfield, IL, Mr. DURBIN. But there is another The PRESIDING OFFICER. Without my hometown. It could happen any- issue that haunts American families objection, it is so ordered. where. beyond the violence in our schools and f Guns are just too easy to come by in beyond the question of gun safety. It is America. Troubled kids, who are al- the issue of health insurance. PROGRAM ways a problem, become tragedies Mr. President, 115 million Americans, Mr. GORTON. Mr. President, for the when they take these guns into the when asked, said that either they per- information of all Senators, on Mon- classrooms, killing their classmates sonally or a member of their family day, the Senate will convene at 12 noon and teachers. had run into serious problems when it and be in a period for morning business So we passed legislation, good legis- came to health insurance and health until 1 p.m. Following morning busi- lation, bipartisan legislation, and sent insurance companies. ness, the Senate will immediately pro- it to the House of Representatives. I started speaking on the floor about ceed to the agriculture appropriations Frankly, they decided, because of the this issue just this week, and I have bill, with amendments expected to be political heat that might be generated, started getting letters from my State offered. Also, amendments to the State to call for a vote in the middle of the of Illinois and across the country. Peo- Department authorization bill could be night, at 1:15 in the morning, to ask ple said: Yes, you are right. Let me debated on Monday in an attempt to the House of Representatives to go on read you two of these letters to give complete action on that legislation. the Record, because the leadership in you an idea. Therefore, Senators can expect mul- the House thought Americans would Here is one that comes from Ray- tiple votes on Monday at 5:30 p.m. on not notice it if it happened in the mid- mond and Marianne Eberhardt. These amendments to the agriculture appro- dle of the night. The National Rifle As- are folks who, frankly, could be any of priations bill and/or the State Depart- sociation did not think Americans us. They write: ment authorization bill. would care. They are both wrong. Enclosed is a picture of Theresa, needless f America understands what happened to say she is a very beautiful child. She was in the dark of night. There was a shot hospitalized from September 2, 1998 to Feb- ORDER FOR ADJOURNMENT in the dark, and it hit American fami- ruary 15, 1999 due to fighting the insurance Mr. GORTON. Mr. President, if there lies right where they live—families company for certain provisions we could not is no further business to come before who worry about whether sending their do without in our home. Her daddy is a po- lice officer and [her] mommy stays at home. the Senate, I now ask unanimous con- kids to school anymore is a safe thing She most likely would not have had to be sent that the Senate stand in adjourn- to do, families who wonder, when they vented— ment under the previous order, fol- say good-bye to their child in the She is on a ventilator. lowing the remarks of Senator DURBIN. morning, if those are the last words if she were able to leave when the doctors The PRESIDING OFFICER. Without they will ever share with their child. had said she could go. However, we had to objection, it is so ordered. That is where we are in America. fight and fight with the insurance company Mr. GORTON. I suggest the absence That is where gun violence has brought for things that the doctors had said were of a quorum. us. But this is not a fatal shot on the needed. So we fought for 21⁄2 months. The PRESIDING OFFICER. The American families. They have, I guess, Can you imagine, as parents, fighting clerk will call the roll. the hope and the confidence that this to keep this lovely little girl alive, get- The assistant legislative clerk pro- Congress will come to its senses and ting up every morning and saying a ceeded to call the roll. once and for all say no to these gun prayer that she will survive, and then Mr. DURBIN. Mr. President, I ask lobbies and yes to safety in our getting on the telephone to fight with unanimous consent that the order for schools. the insurance company for the basics the quorum call be rescinded and that The big debate in the House was that the doctors say she needs to con- I be recognized in morning business for whether or not we ought to post the tinue living? Their battle went on for Ten Commandments in schools. Let me 15 minutes. 21⁄2 months. She writes: go on the Record and say I support val- The PRESIDING OFFICER. Without We eventually did get everything that we objection, it is so ordered. ues for families. I support strength- needed, except it was a very long battle. Can The Senator is recognized. ening families. I believe that those you imagine having your family separated f families who believe, as my family did, that long because the insurance company did that the practice of religion is an im- not want to help? Seven months is a long GUN CONTROL portant part of values, those families time for a family to have to go through Mr. DURBIN. Mr. President, during should be encouraged in every way something like this. Theresa caught RSV in the course of this week we have come whatsoever. We should make sure our the hospital— to the Senate floor many times to dis- kids grow up with values. But it is so This is a malady which clearly is cuss pending legislation of great im- naive to believe that simply posting very serious. portance to families across America. the Ten Commandments in schools is while we were waiting for the appeals to go Last night—I guess this morning, in going to change the climate in Amer- through. the early morning hours—the House of ica. That is, with the insurance company. Representatives failed to pass the gun Perhaps, though, we could post the That is why she is now vented and has a control legislation which the Senate Ten Commandments at the gun shows trach. Theresa copes extremely well with enacted 3 weeks ago. and underline the Commandment that what all has been done to her. It does not June 18, 1999 CONGRESSIONAL RECORD — SENATE S7283 fade her in the least. She has Spinal Mus- contribute towards this issue I would gladly Fourth of July or our August recess, cular Atrophy Type 1. She is very strong devote as much time as possible to assure ev- have the political courage to bring this willed and is a joy to be around. I hope some- eryone the right to choose [their doctor, issue to the floor? We spent 5 days de- thing can be done in regards to insurance their insurance company.] I wish I could bating giving protection to computer companies helping families more and be a speak to you in person to tell you what peo- little more compassionate. I know in my ple are being faced with today. companies against being sued for Y2K heart we would have lost her if we did not Please continue to speak for the majority problems, 5 days. We were worried get the proper equipment. I am thankful to of people in this country. We’ve chosen you about computer companies. Well, them that they eventually changed their to do what you do best and we look forward maybe we should be. But can’t we minds. I just wish it did not have to take so to you to speak for us. spend 5 hours on this debate to stand long. That is why I am here on this floor. up for families across America who As a parent, I have sat in a waiting We have a choice. We have a thing that want protection when it comes to the room at the hospital with my daughter we can do that can make a difference. health care that means so much? in surgery. My wife and I have been There is a Patients’ Bill of Rights the Look at these photographs. Imagine through that several times. You will Democrats have introduced, which has what life is like battling every single never in your life feel as helpless as been endorsed by over 200 major health day with the insurance company and that moment. You will never feel as organizations, which will finally step then praying to God, as you go to sleep vulnerable. You pray to God that ev- forward and stand up for consumers at night, that this beautiful little baby erything turns out right. You hope and stand up for families and say we will be alive in the morning. That is those doctors and nurses and techni- are going to address the basics. We are the reality of health care in America. going to make sure you can choose the cians who are in that operating room I challenge the Republican leader- specialist you need. We are going to are the best and the brightest that ship, challenge them to bring to the make sure when you sit down in the of- could possibly be there. But you don’t floor of the Senate within the next fice with the doctor that you get want to sit there and have to worry week the Patients’ Bill of Rights. Let straight talk and honest answers. You about whether you are going to have to us have this debate. Let us face the aren’t going to hear a doctor parrot fight with an insurance company over tough votes. That is what we are here some insurance company line instead whether or not that surgery will go for- for, for goodness’ sake. This is sup- of telling you the truth about your ward or whether, when that surgery is posed to be a deliberative body where medical care and what you need. we debate and argue and come to the finished, your child receives the kind We want to make certain that when best conclusion for the people we rep- of treatment that is essential. you go to an emergency room, you go resent. Here is another letter we received: to the one you need for your family be- I will stand behind the Democratic This letter is to introduce you to our pre- cause of medical necessity. You don’t Patients’ Bill of Rights, because I be- cious angel child Roberto Antonio Cortes. He fumble through the dashboard looking lieve it is the best one. I believe it is is 11 months old now and is so special to us. for the health insurance policy to fig- He was diagnosed with Spinal Muscular At- the only one that is honest and com- rophy Type I, the Werdnig Hoffman disease. ure out which hospital you can go to plete and will help American families. He is currently on a home ventilator. without paying for it out of your pock- The Republican plan, as this chart in- My husband, Rigo, is self-employed at this et. dicates, would leave over 100 million time and doing contract work out of our These are the basics, to make sure Americans behind, would not give them house. that the women across America who the protections which we believe are They indicated they would be more trust their medical care to an OB/GYN essential to health insurance. than happy to talk to our office about can continue to pick that doctor they It is true they protect 48 million the battles they have faced with insur- trust, the doctor they have confidence Americans, just as we do, but they ance companies. in, and not be told by the insurance leave behind 113 million who are pro- Here is another letter from Addison, company to pick up and move; to make tected by the Democratic bill. IL, Dolores Pavletich: certain that doctors, when they say I think it is time to have this debate, surgery is necessary, won’t be over- for the good of families across Amer- Dear Senator DURBIN, Just a note to thank you for taking a ruled by some clerk sitting in an insur- ica, for the Pavletichs in Addison, IL, stand on Health Care Issues. ance company office in Omaha, NE. for the Cortez family from Elk Grove Last night when I returned home from The decision should be made by our Village, for the Eberhardts, who have work and turned on TV, I caught part of C- doctors, not by insurance company written to me and told me their story, Span where you, Senator KENNEDY, Senator clerks. from Yorkville, IL. SCHUMER, Senator DASCHLE [and Senator This debate is central to really giv- I promise you this: As long as my BOXER] were asking to negotiate the Health ing peace of mind to families across voice holds out, I will be on my feet on Care Issues. When you spoke, you addressed America. Why haven’t we debated it for the Senate floor saying to my col- all the issues so many of us are concerned over 2 years? Because the insurance leagues, we have a responsibility. The with. I have recently had such bad experi- companies do not want this issue to 105th Congress left town a little over 6 ences with Insurance Companies. I started by choosing a doctor from a book, being treated come to the floor of the Senate. They months ago and did nothing. It was a by him, and half way through treatment was do not want to face the votes which we do-nothing Congress. This Congress is told the doctor was dropped [by the insur- would call for on the floor of the Sen- not going to leave town without ad- ance company] and I would have to change ate. dressing this critical issue, this issue doctors or they would not pay [for it.] I did The Patients’ Bill of Rights that the that means so much to Americans not think it was fair to stop treatment and Democrats support is a bill which gives across this country and people who start over with another doctor. I then chose to those who are providing health care continue to write on a daily basis. a doctor only to find out that the hospital he fair treatment. Right now if something I will close by saying this: Keep the was on staff was not [covered by my insur- happens that is wrong in medical treat- ance company] therefore, any tests or blood letters and photographs coming in. As workup could not be done at his hospital. ment, who gets sued? The doctors and long as you will send me your stories of Blood tests would have to be sent to a lab, the hospitals. But what if the insur- your family struggling to provide qual- and if I had to be admitted to a hospital, I ance company made the wrong deci- ity health care, I will continue to stand would have to choose yet another doctor. sion? Under the law, they are pro- on this floor and tell these stories, in I am a 57 year old woman, on my own, and tected. The current law protects them. the hopes that my colleagues in the now find that the company I work for is They can’t be held accountable. Is that Senate will address this important down sizing and my job may be eliminated fair? Is that American? I don’t believe issue. soon. I cannot retire yet, am not eligible for it is. We are each held accountable for I yield the floor. medicare and with only unemployment can- our actions, as every business is held The PRESIDING OFFICER. The Sen- not afford Cobra [Insurance] because of it being so expensive [and I do not know if I accountable. There is no reason why ator from Vermont. can afford it.] health insurance companies should be Mr. LEAHY. Mr. President, I ask I am so interested in the Health Care Issue exempt from that responsibility. unanimous consent to be able to con- I would do anything to help make life easier Here is what faces us: Will we, in the tinue as in morning business for 15 for so many people. If there is anything I can closing weeks before we break for the minutes. S7284 CONGRESSIONAL RECORD — SENATE June 18, 1999 The PRESIDING OFFICER. Without of this country. It is an example that I support of this outstanding nominee: objection, it is so ordered. cannot fathom. This is what they Harold Tyler, Burke Marshall, Stephen f ought to do—work harder and make it J. Pollak, J. Stanley Pottinger, Drew possible for the parents of these chil- Days, and John R. Dunne. Nonetheless, PATIENTS’ BILL OF RIGHTS dren to spend more time with them, the Senate did not vote, and Mr. Lee Mr. LEAHY. Mr. President, I wish to make it possible to have an edu- had to be renominated again in Janu- commend the distinguished senior Sen- cational system that can help teach ary of 1998 and, again, in March of 1999. ator from Illinois for his statement. the difference between right and It is past time to do the right thing, The Senator from Illinois represents wrong. Perhaps, if they are going to the honorable thing, and report this one of the greatest States of our coun- talk about the 10 commandments, they qualified nominee to the Senate so the try, a significant and very large State, should remind the gun lobby of the Senate may fulfill its constitutional with millions of people, ranging from fifth commandment: Thou shalt not duty under the advise and consent one of the best known, most dynamic kill. clause and vote on this nomination. In cities not only in this country but in f deference to the advise and consent the world, and also with very small power of the Senate, the President has rural areas. I, in turn, represent a very PENDING NOMINATION OF BILL not used his recess appointment power small State, where the largest city is LANN LEE in connection with this nomination. 40,000 people. We go down to a town of Mr. LEAHY. Mr. President, on After consultation with the Senate in 40 people. But I couldn’t help but Wednesday of this week, I was fortu- late 1997, the President chose to re- think, while listening to the statement nate to be present during the ceremony nominate Mr. Lee in January 1998. The of my good friend from Illinois, about commemorating the presentation of Attorney General named him Acting some of the letters he read. The names the Congressional Gold Medal to Mrs. Assistant Attorney General. When the of the towns might be different, but we Rosa Parks. What an inspiring time. I Senate refused all last year to consider might have heard similar letters from heard Mrs. Parks, Reverend Jackson, the nomination—not to vote him up or Vermont. Sometimes the problems are and the President each take the occa- down, or not to even vote at all—the compounded by the fact that we are a sion to remind us that the struggle for President sent that nomination to the rural State. As he knows, in the rural equality is not over. Senate for a third time in a third suc- areas of his great State the problems I heard Jesse Norman, with that in- ceeding year, in 1999. Now, no one can are even worse because of the distances comparable voice, sing to us both our fairly contend that the Senate has not they have to travel and the lack of National Anthem and really the an- been respected. The President has gone choices they may have. I hope he will them of the civil rights movement. the extra mile, and Mr. Lee has shown continue to speak because he speaks Every one of us—black or white, old or extraordinary patience during this ex- not just for the people of Illinois, but young, man or woman, Republican or tended period of Senate indifference to for the people of Vermont and every- Democrat, were inspired by what we his nomination. where else. saw and heard. How could you not be Acting Assistant Attorney General f inspired in the magnificent rotunda of Lee is properly serving while his nomi- the U.S. Capitol? nation remains pending. It is the re- THE POWERFUL GUN LOBBY But then I went back to my office sponsibility of the Senate to vote on Mr. LEAHY. Mr. President, while we and I started asking myself, have we that nomination. I believe that in a talk about the actions in the other listened? I serve as the ranking Mem- fair and open vote on the merits of this body, it is fascinating to me what has ber of the Senate Judiciary Com- nomination on the Senate floor, the happened in the dark of night. The mittee, and the committee still has Senate will embrace the opportunity to members of the other body aren’t con- pending before it, waiting, the nomina- confirm this fine person, this dedicated trolling their destiny; it apparently tion of another who has dedicated his public servant. They will confirm him. was controlled by a powerful lobby in life’s work to the rights of others. I If I am wrong, if the Senate were to this country. For a while, the same asked the Judiciary Committee on disappoint me and all those who sup- thing happened in the U.S. Senate. I Thursday, in the spirit of the Congres- port this nomination, and if a majority asked the question on the floor of the sional Gold Medal to Rosa Parks, and of the Senate were to vote against the Senate: ‘‘Who will run the Senate, the in the tradition of Rosa Parks, that the nomination, and then he could not con- U.S. Senators or the powerful gun committee recognize the quiet dignity tinue to serve as Acting Assistant At- lobby?’’ Finally, by the slimmest of and strength of Bill Lann Lee and send torney General—that is a mechanism margins, they answered the question his nomination to the full Senate so Congress established by law, but it and said that the U.S. Senate will rep- that the U.S. Senate may, at long last, properly relies on a vote by the U.S. resent the people of America. vote on that nomination and, I hope, Senate. I have watched how posturing and confirm this fine American to full rank Civil rights is about human dignity symbolism sometimes wins out over as the Assistant Attorney General for and opportunity. Bill Lann Lee’s nomi- substance. Members of the other body Civil Rights. nation ought to have the opportunity are all sworn to uphold the Constitu- Bill Lann Lee is the first Asian for an up-or-down vote on the Senate tion of the United States. They have American to be nominated to head the floor. Twenty-three months and 3 ses- taken the same oath that I and every Civil Rights Division in its 42-year his- sions of Congress is too long for this Member of the Senate have taken. tory. He is currently serving as Acting nomination to have to wait. He should They flew in the face of the Constitu- Assistant Attorney General for Civil no longer be forced to ride in the ‘‘back tion, a Supreme Court decision out- Rights, as he has for almost 18 months. of the nominations bus,’’ but be given lined in the Constitution, and said that He has done an impressive job in en- the fair vote he deserves. we, the Members of the Congress, will forcing our Nation’s civil rights laws. When Bill Lee appeared before our say the 10 commandments shall be or Mr. Lee was originally nominated in committee way back in 1997, he testi- may be put on schoolhouse walls. July of 1997, almost exactly 2 years fied candidly about his views, his work Why did the House of Representa- ago. Two years is too long to have to and his values. He told us why he be- tives do this and turn against the Con- wait for a vote by the Senate on this came a person who has dedicated his stitution that they are sworn to up- nomination. I hope the Senate will be life to equal justice for all, specially hold? Why? So that the students seeing allowed the opportunity to vote on his when he talked about the treatment it would be inspired to uphold the law. nomination before the Fourth of July his parents received as immigrants. He That’s fascinating. We say that the recess. told us how his parents faced prejudice other body will—the House of Rep- Six former Assistant Attorneys Gen- almost every day here in this country. resentatives—will turn its back on the eral for Civil Rights, from the Eisen- But Mr. Lee told us how, in spite of his Constitution, and in so doing will en- hower administration through the father’s personal treatment, the experi- courage children who should look to Bush administration, wrote the Judici- ence of prejudice he faced, the names them for leadership to uphold the laws ary Committee in November of 1997 in he was called, and the slurs he had to June 18, 1999 CONGRESSIONAL RECORD — SENATE S7285 hear, his father, William Lee, remained Bill Lee’s skills, his experience, the obstruction, without further delays, so a fierce American patriot and volun- compelling personal journey that he the Senate may vote. teered to serve in the U.S. Army Air and his family have traveled, his com- If we do, I am convinced that a ma- Corps in World War II. mitment to full opportunity for all jority of this body will confirm a fine He never lost his belief in America. Americans—these qualities appeal to person to lead the Civil Rights Division His father, William Lee, inspired his the best in us. Let us affirm the best in into the next century. Racial discrimi- son, Bill, just as Bill Lann Lee now in- us. Let us confirm—or at least allow nation and harmful discrimination in spires his own children and countless the Senate to vote on the confirma- all its forms remains one of the most others across the land. tion—of this good man. We need Bill vexing, unsolved problems in all of our This is what he told us: Lee’s proven problem-solving abilities society. In a country so blessed as ours, My father is my hero, but I confess that I in these difficult times. so rich, so powerful, so wonderful, we found it difficult for many years to appre- still have this cancer of discrimination ciate his unflinching patriotism in the face If the Senate is allowed to decide, I that shows up randomly throughout of daily indignities. In my youth, I did not believe Bill Lann Lee will be confirmed our society. Let’s not perpetuate it understand how he could remain so deeply and will move this country forward to here in the Senate. Let the Senate grateful to a country where he and my moth- a time when discrimination will sub- er faced so much intolerance. But I began to move forward from the ceremony com- side and affirmative action is no longer appreciate that the vision he had of being an memorating the Congressional Gold needed; a time when each child—girl or American was a vision so compelling that he Medal for Rosa Parks by doing what is could set aside the momentary ugliness. He boy, black or white, rich or poor, urban right, by voting on the nomination of know that the basic American tenet of or rural, regardless of national or eth- Bill Lann Lee. equality of opportunity is the bedrock of our nic origin and regardless of sexual ori- I yield the floor. society. entation or disability—shall have a fair I know that Bill Lann Lee has re- and equal opportunity to live the f mained true to all that his father American dream. taught him and I hope that the ‘‘mo- ADJOURNMENT UNTIL MONDAY, mentary ugliness’’ of people opposing I have often referred to the Senate as JUNE 21, 1999 his nomination based on an ideological acting at its best when it serves as the litmus test, and of people distorting his conscience of the Nation. In my 25 The PRESIDING OFFICER. Under achievements and beliefs, and of some years I have seen it do that. Again I the previous order, the Senate stands succumbing to narrow partisanship, speak to the conscience of this body. I in adjournment until 12 noon, Monday, will not be his reward for a career of call on the Judiciary Committee of the June 21, 1999. good works. Such treatment drives Senate to bring this nomination to the Thereupon, the Senate, at 12:54 p.m., good people from public service and floor. Let the Senate have an up-or- adjourned until Monday, June 21, 1999, distorts the role of the Senate. down vote on Bill Lann Lee without at 12 noon. June 18, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E1327 EXTENSIONS OF REMARKS

TIME FOR A NATIONAL DIALOGUE young peopleÐthose Americans most vulner- interest environmental lawsuits. My response ON THE GROWTH OF GAMBLING able. Clearly, we need to be concerned about to the proposed listing of the mountain plover this growing problem. as ``threatened'' under the federal Endangered HON. TIM ROEMER Just this week, the Gallup Poll surveyed Species Act of 1973 is as follows. OF INDIANA Americans' views about gambling. Among the After reviewing the U.S. Fish and Wildlife IN THE HOUSE OF REPRESENTATIVES major findings, 56% of adults believe that casi- Service's (FWS) proposal to list the mountain nos have a negative impact on family and plover as threatened, I adamantly oppose this Friday, June 18, 1999 community life in the cities in which they oper- listing because it is scientifically flawed, would Mr. ROEMER. Mr. Speaker, after two years ate. Another two-thirds of both the adults and devastate the eastern plains economy, fails to of research and public hearings, the National teens surveyed believe that betting on sports adequately consider reasonable alternatives, Gambling Impact Study Commission has just events leads to cheating or fixing of games, and contradicts other federal programs bene- completed its report and findings on the while 57% of adults oppose legalized betting fitting the plains environment. growth of gambling in America. on sports events as a way to raise state rev- First, the science used to support the listing It is an eye-opening report which I hope enue. is highly suspect and lacks the degree of cer- every Federal, State, local and tribal govern- Overall, 76% of Americans surveyed ex- tainty necessary to proceed with a com- ment which sponsors gambling activities will pressed the view that gambling should either prehensive, intrusive and restrictive regulatory take the time to read and consider. stay at current levels or be reduced or regime. The inadequacy of the cited popu- At the same time, I hope this report will banned. Clearly, the vast majority of Ameri- lation data is unacceptable. Throughout the serve as the starting point for a national dia- cans support the Commission's call for a mor- listing, extrapolated estimates are relied upon logue on gambling, so we can begin to make atorium on new gambling activities. for population numbers, which lays an insuffi- some informed decisions about gambling and The NGISC has made a number of positive cient scientific foundation. Even if the esti- its impact on people. recommendations in its report, including: mates referenced had a statistical basis, we The NGISC made a number of major rec- (1) That Congress authorize a general re- are told, ``The estimates of abundance pro- ommendations in its report. Perhaps most im- search strategy to build a knowledge of gam- vided for each state or area are usually from portant of all, the commissioners unanimously bling behavior, including research on the so- different researchers, from different times, and recommended a ``pause,'' or moratorium, on cial and economic impacts of gambling, and using different techniques. Therefore, the esti- the growth of new gambling activities, to give the impacts on crime and property values; mates should not be considered comparable governments further time to research and as- (2) That Governors and State legislatures to one another or necessarily additive.'' (64 sess the impact of gambling on society. fund objective studies on the prevalence of FR 7591) Because the FWS population re- Mr. Speaker, this is an extraordinary rec- problem and pathological gamblers, and un- search methods were not compatible, the ommendation. It reflects the genuine concern dertake research, education and treatment FWS relied upon dissimilar estimates. Federal among the Commission membersÐmany of programs for problem gamblers; regulations, especially those as pervasive as whom work in the gambling industry itselfÐ (3) That enforceable advertising guidelines the ESA's, should never be based on approxi- about the dangerous and unpredictable con- be adopted for the gambling industry, particu- mations. sequences of the explosive growth of gam- larly as they relate to youths and low-income Furthermore, almost no population data bling we have experienced in recent years. neighborhoods; and from private lands is referenced. Since most of Here are some of the Commission's other (4) That a strategy be developed to prohibit the land in the identified plover habitat range major findings: internet gambling within the United States; for Colorado is privately owned, and approxi- (1) The Commission determined that un- These are just a few of the major rec- mately 75 percent of all wildlife is found on pri- regulated growth of the gambling industry is ommendations which the commission made. vate property, the total number of mountain seen as a ``dangerous course of action''; In response to this report, Congressmen plovers is certain to be significantly higher. (2) They determined that the more Ameri- FRANK WOLF, JOHN LAFALCE and I have just The absence of private land surveys is also cans are presented with opportunities to gam- introduced a resolution which encourages concerning because plovers prefer to nest on ble, the more concern there is about problem Federal, State, local and tribal governments to prairie dog colonies, at least 90 percent of and pathological gambling, and that the social, review the findings of the National Gambling which currently exist on private lands. It is be- legal and financial consequences of gambling Impact Study Commission, and to consider the yond doubt a large number of additional plov- addiction are severe; implementation of its recommendations. ers would be found if private land surveys (3) They determined that technology is revo- The NGISC has delivered a powerful warn- were conducted. Clearly, the FWS does not lutionizing the gambling industry, and that the ing about the dangers of the unregulated have definitive evidence of the bird's actual internet in particular poses serious legal, eco- growth of gambling. It is time now to build on numbers within Colorado, in other states, or nomic and social concerns which the nation is this report, and develop a strategy to respond as an aggregate across its range. not prepared to deal with; and to the many concerns brought about by the The FWS was involved in a similar situation (4) They concluded that many policy makers rapid acceleration of gambling in our society. with the swift fox. A federal ESA listing was have been forced to make decisions about ex- f proposed before comprehensive population panding gambling with virtually no credible surveys were completed, an effort abandoned studies to rely on and, at best, only an as- LISTING MOUNTAIN PLOVER AS after thorough surveys were conducted. The sessment of the perceived social impacts. ‘‘THREATENED’’ same situation could occur with the plover. Mr. Speaker, it is not hard to find anecdotal The FWS must not proceed with this listing evidence about the risks associated with gam- HON. BOB SCHAFFER until an accurate, scientifically-based survey is bling. In Indiana, a recent report by the Gov- OF COLORADO conducted on both public and private lands ernor's Study Commission on Gambling IN THE HOUSE OF REPRESENTATIVES through voluntary and confidential participa- showed that average losses among gamblers tion. have increased by 20% in the three years Friday, June 18, 1999 While the population questions are signifi- since riverboat gambling was first introduced. Mr. SCHAFFER. Mr. Speaker, Colorado's cant, there are other issues undermining the Gambling losses now make up nearly one per- farmers, ranchers, and water and property scientific basis of the listing. According to cent of what Indiana residents spend each owners are under assault by the federal gov- FWS biologists, drought threatens the plover. year. ernment. They face devastatingly low com- However, wet years also endanger the bird If National averages hold true, a dispropor- modities prices, high equipment costs, oner- due to higher rates of grass growth. In fact, tionate amount of these losses are coming ous federal regulations and endangered spe- FWS biologists admit, ``The long-term effect of from low-income households, the elderly and cies policy driven by Boulder-based, special- such naturally occurring catastrophes on

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E1328 CONGRESSIONAL RECORD — Extensions of Remarks June 18, 1999 mountain plover viability is not known.'' (64 FR habitat.'' (64 FR 7593) This contradictory con- Colorado and the U.S. Department of the Inte- 7596) In addition, the Service admits to no clusion is advanced because the conversion of rior, which was signed on November 29, 1995. correlation between increasing numbers of grasslands to productive agricultural lands cre- This agreement, also known as the Colorado coyotes and foxes, predators of the plover, ates locally acceptable plover habitat. (64 FR Conservation Agreement, attempts to facilitate and declining bird numbers. While predators 7593) In other words, if an area where the collaboration in conserving fish and wildlife are discussed, the only conclusion offered is, plover doesn't exist is developed by a farmer, species and habitat within Colorado, including ``A high rate of nest predation by swift fox . .. and the bird subsequently nests on the newly the mountain plover. Even though the FWS is not believed to be a factor in the long-term cultivated land, then the FWS will impose reg- listing mentions this ground-breaking partner- decline of the mountain plover population.'' (64 ulations on the farmer and his land to protect ship, there are no facts given to support either FR 7595) Yet, no hard evidence is given to this habitat, which was not plover habitat in its continuation or elimination. (64 FR 7599) support this claim. the first place. So, the farmer's initiative to cre- Many efforts are underway to benefit this Moreover, the effects of pesticides, espe- ate new, productive farmland from non-plover species in Colorado and throughout its range. cially in California, are not completely known. grassland is rewarded by regulation, limitation Such endeavors ought to be allowed to And, no significant data exists from wintering and ultimately, ruination. Consequently, this produce results before they are bypassed be- areas in Mexico or nesting regions in Canada. listing will likely result in two unfavorable out- cause they could preempt the need for signifi- The only conclusion possible is that neither comes: (1) Farmers will choose not to convert cant federal intervention. Therefore, I strongly the current scientific and field research, nor grassland into productive farmland, thus lim- disagree with the FWS conclusion that the the information presented in this listing, sup- iting the bird's habitat and the farmer's pros- only way to protect the plover is an ESA list- ports federal ESA protection of the bird. perity, reducing food production, and hurting ing. Second, very little thought is given to the Colorado's economy; (2) Farmers will attempt Fourth, a number of federal agencies and impacts of this listing on farmers, ranchers to farm, but stop due to onerous mitigation programs will have to be drastically altered to and private property owners. Significant hard- measures, thereby causing the land to revert accommodate the listing. Such counter-pro- ship will be borne by landowners, and I have to non-plover habitat, limiting the farmer's ductive, conflicting interagency relationships seen almost no attempt to address the dev- prosperity, reducing food production, and hurt- indicate systemic flaws in the proposal and astating results a plover listing would inflict on ing Colorado's economy. In other words, this waste the American taxpayer's hard-earned traditional agricultural and non-agricultural listing, whether intended or not, would sup- money. practices on the eastern Colorado plains. The press the development of new farmland, stifle The listing would impact the USDA Natural U.S. Department of Agriculture's (USDA) Nat- current agricultural activity, and actually re- Resources Conservation Service (NRCS) as- ural Resource Conservation Service (NRCS) duce potential plover habitat. sistance to producers in eastern Colorado. Af- wrote that the plover listing ``may adversely Further, oil and gas development would suf- fected programs could include the Environ- impact a number of common agricultural prac- fer if the plover is listed as threatened. Leas- mental Quality Incentives Program (EQIP), tices in the short-grass prairie region of the ing and extraction of these natural resources Wildlife Habitat Incentives (WHIP), and/or the United States.'' [Letter attached for the exists over its entire breeding range. However, Conservation Reserve Program (CRP). These record.] since the ``development of oil and gas re- conservation programs would have to be re- For example, the inability of farmers to plant sources could adversely affect mountain plov- viewed in consultation with the FWS under their crops in early summer would be dev- er habitat or cause the death of individuals,'' section 7 of the ESA. Thousands of producers astating. Most planting on the eastern plains such activities would be heavily regulated. (64 in eastern Colorado receive technical assist- of Colorado occurs in late April through mid- FR 7595) ance from NRCS programs. A significant May, which coincides with the plover's nesting. In the end, all landowners on Colorado's amount of time, money and manpower would According to the FWS, normal farming prac- eastern plains stand to lose if the plover is list- be required to review each case for ESA com- tices on cultivated lands would not result in an ed. Their land will lose value due to ESA regu- pliance, which would delay the implementation ESA section 9 violation if they took place be- lations prohibiting the ``taking'' of endangered of conservation practices and hurt the species tween August 10 and April 1. (64 FR 7599) species, which would restrict and/or modify and habitats currently prospering under these Obviously, producers must be allowed to plant how the land could be used. In fact, they will programs. during this time, or the eastern plains econ- be forced to sustain plover habitat, which will The USDA Conservation Reserve Program omy, already weakened by a national agri- substantially interfere with farming, ranching, (CRP), widely considered to benefit both agri- culture crisis, would collapse due to devalued building and/or developing natural resources. culture and the environment, encourages tall land, unemployment, and relocation. Eastern Coloradans have successfully used, grasses for wildlife habitat and ecosystem In addition, the listing states the decline of enhanced and protected the eastern Colorado health. The FWS asserts the plover requires the bird is due, in part, to the tilling of fields plains by providing millions of dollars in agri- habitat with little grass and/or bare ground. between April and June, even though ``the culture products and improving water quality, Should the bird be listed, it could thwart con- long-term effect of tilling on mountain plover soil erosion and wildlife habitat. Priority has to servation efforts designed to help other spe- productivity and abundance is not known.'' (64 be given to coordination with landowners on cies and the environment. Is one species to FR 7593) The land is worked during this time reasonable conservation measures. Farmers be saved at the expense of another? More- for a number of reasons, including weed and and ranchers are the best stewards of the over, to what extent are these and other con- erosion control. While ``no-till'' and ``minimum- land and a friend to the plover; they should be flicting policies contributing to the decline of till'' methods are being used more often, turn- trusted, included in the process, given incen- the plover? The FWS should proactively ad- ing the ground is usually the only option for a tive to collaborate, and flexibility to mitigate. dress these programs, in conjunction with producer. Chemical options also exist, but Third, states, local governments and com- farmers, ranchers and other landowners, be- they are prohibitively expensive and could im- munities have successfully demonstrated the fore a listing is finalized. Has, or will, the FWS pair the plover and its habitat. Consequently, viability of collaborative on-the-ground solu- take such a common-sense, initial step before this petition would reduce the value of private tions in place of command-and-control dictates listing the plover? Voluntary, collaborative ar- lands by banning land management tilling, from Washington. There are a number of part- rangements would net much better results and/or encourage an increased use of pes- nerships to preserve species, including the then coercive, punitive regulations. ticides. High Plains Partnership for Species at Risk, I urge the FWS to suspend any further list- The FWS claims to be working on devel- the Western Governor's Association Enlibra ing action until a comprehensive, scientifically oping land use recommendations to benefit doctrine for Environmental Management, and rigorous, locally inclusive research project can both plovers and landowners. Since I have yet the Upper Colorado River Endangered Fish be completed on the status of the mountain to see any such suggestions, I must ask how Recovery Program, to name a few. The FWS plover population and ecosystem. Further, the planting during this critical time could possibly would get better cooperation and results from FWS must be cautious during this listing proc- be changed, except to stop all planting and till- states and localities if it pursued non-regu- ess unless the good accomplished by the peo- ing? Also, how would these changes be bene- latory solutions, and I strongly advise the FWS ple of eastern Colorado is undone and their ficial to farmers and ranchers? to pursue this option if the plover is indeed lives irreparably harmed. Additionally, the state Further evidence of the listing's flawed logic threatened. of Colorado and local communities ought to be is evident in the following statement: ``Grass- Another example of a cooperative partner- given the lead role in conserving the species. land conversion may be considered a threat to ship is the Memorandum of Agreement, Con- Other federal agencies must also be consulted mountain plover conservation whether or not cerning Programs to Manage Colorado's De- prior to listing the mountain plover to clarify the grasslands are presently suitable breeding clining Native Species, between the state of contradictory land use policies. Finally, the CONGRESSIONAL RECORD — Extensions of Remarks E1329 FWS must ensure all available information is ticipating in the program were 46% less likely vate and public sector management to adju- reviewed by an objective scientific panel per to initiate drug use. dicate disputes arising from collective bar- the July 1, 1994 FWS Notice of Policy for ESA Cincinnati's violence prevention programs gaining agreements. Peer Review and the Colorado Conservation resulted in a 24% drop in crime. An educator with a long and commendable Agreement before a determination is made. A similar gang-reduction program in Ft. career, Dr. Angelo received his B.A. in Eco- Given these factors, the FWS must thor- Worth, Texas, resulted in a 26% drop in gang- nomics from Colgate University, an MBA from oughly consider whether the proposal ``pre- related crime. Drexel University, and has been recently con- sents substantial scientific and commercial in- We need to fight crime by putting more ferred with a doctorate from Rutgers University formation to demonstrate the petitioned action monies into education and crime prevention in Education. He began his career as a col- may be warranted.'' (16 USC 1531) Nothing in programs like the ones I mentioned andÐ lege administrator at Middlesex County Col- this listing supports the conclusion that the after-school programs. lege in central New Jersey where he was re- plover is threatened by extinction in the near The majority of juvenile crimes take place sponsible for directing the nationally recog- future. As a result, the only decision the FWS between 3 pm to 6 pm. We need to have nized Occupational Safety and Health training can reach is to decline listing the mountain enough educational activities after-school to project. At Thomas Edison State College, Dr. Angelo served as a mentor and consultant in plover as threatened under the federal ESA. I keep our youth mentally busy. the Labor Studies and Organizational Behavior therefore restate my opposition to this listing. We need more after-school jobs for our departments. He later was a lecturer and ex- f youth. I would like to see the President and tension faculty member in the School of Man- Congress develop AmeriCorps' programs for agement and Labor Relations at Rutgers Uni- CONSEQUENCES FOR JUVENILE high school students throughout the year. OFFENDERS ACT OF 1999 versity, where he taught graduate and under- We need to invest in our youth's present so graduate-level classes. they can have a bright futureÐwithout ever SPEECH OF In 1993, Dr. Angelo founded Capitol Ideas, facing the juvenile justice system. a multi-service consulting organization dedi- HON. GREGORY W. MEEKS f cated to organizational advocacy and pro- OF NEW YORK motion. Capitol Ideas works with a variety of CONGRATULATING THERESA SUT- private, public, and non-profit groups to design IN THE HOUSE OF REPRESENTATIVES TON AS ILLINOIS POSTMASTER and implement political, educational, and pro- Thursday, June 17, 1999 OF THE YEAR motional programs. The House in Committee of the Whole Dr. Angelo lives with his wife, Meryle, in House on the State of the Union had under HON. JOHN SHIMKUS East Brunswick, New Jersey. He currently rep- consideration the bill (H.R. 1501) to provide OF ILLINOIS resents SEIU State Council, SEIU Local 510, grants to ensure increased accountability for IN THE HOUSE OF REPRESENTATIVES and IFPTE 195, and continues to work as the juvenile offenders: CEO of Capitol Ideas and a Professor of Friday, June 18, 1999 Mr. MEEKS of New York. Mr. Chairman, I Labor Studies at Rutgers University. am very disappointed that many of my col- Mr. SHIMKUS. Mr. Speaker, I take this time Dr. Robert Angelo has demonstrated dedi- leagues voted for the McCollum amendment to congratulate Theresa Sutton from Brighton, cation to his goals and to the community. I ask yesterday. However, we can right this wrong Illinois for the National Association of Post- my colleagues to join me in recognizing Dr. by supporting the Conyers-Scott substitute. masters of the United States naming her Post- Angelo's accomplishments. This substitute is fundamentally right be- master of the Year for the state of Illinois. f cause juvenile delinquents will not be jailed The small community postmaster responded HONORING THE SPECIAL GRAD- with adult criminals. In fact, when you com- to the award, ``I have some dedicated employ- UATES OF MIDDLE SCHOOL 88 pare New York youth who were prosecuted in ees that really work hard. That makes my job adult court with youth with similar charges and a lot easier.'' Theresa Sutton will meet in ´ prior records in New Jersey who were pros- Washington, D.C. along with award recipients HON. NYDIA M. VELAZQUEZ ecuted in juvenile courtÐconvictions were no from other states in order to meet with Rep- OF NEW YORK more likely in adult court, punishment was im- resentatives and Senators about postal issues. IN THE HOUSE OF REPRESENTATIVES posed less swiftly, incarceration was less like- I commend her dedication and service to Friday, June 18, 1999 ly, and sentences were nearly identical. the United States Postal Service. With the ne- Ms. VELAÂ ZQUEZ. Mr. Speaker, It is with This substitute is fundamentally right be- cessity for efficient postal services, I am com- great pride that I ask you and my colleagues cause it requires states to address the issue forted that the 20th District has quality post- to join me in congratulating special graduates of minority confinement. Minority children are masters like Theresa Sutton. of the 12th Congressional District of New 1¤3 of the youth population, but 2¤3 of the chil- f York. I am certain that this day marks the cul- dren in long-term facilities. Studies indicate mination of much effort and hard work which that minority youth receive tougher sentences CENTRAL NEW JERSEY has led and will lead them to continued suc- and are more likely to be put in jail than non- RECOGNIZES DR. ROBERT ANGELO cess. In these times of uncertainty, limited re- minority youth for the same offenses. sources, and random violence in our commu- The substitute is fundamentally right be- HON. RUSH D. HOLT nities and schools, it is encouraging to know cause it would place 20,000 crisis prevention OF NEW JERSEY that they have overcome these obstacles and counselors in schools and fund crisis preven- IN THE HOUSE OF REPRESENTATIVES succeeded. tion programsÐwhich brings me to an issue Friday, June 18, 1999 These students have learned that education that goes hand-in-hand with juvenile justiceÐ is priceless. They understand that education is the need for educational programs to make Mr. HOLT. Mr. Speaker, I rise today in rec- the tool to new opportunities and greater en- sure our children are not getting involved in ognition of the accomplishments of Dr. Robert deavors. Their success is not only a tribute to criminal behavior in the first place. Angelo and his contributions to the commu- their strength but also to the support they Research has demonstrated that aggressive nity. Over the course of the last twenty-five have received from their parents and loved prevention programs and alternatives to incar- years, Dr. Angelo has worked as a consultant, ones. ceration are most effective in reducing crime. teacher, advisor, and advocate. In closing, I encourage all my colleagues to In fact, when asked to rank the long-term ef- Dr. Angelo served for eight years as the support the education of the youth of America. fectiveness of possible crime fighting ap- International Director of the AFSCME Inter- With a solid education, today's youth will be proaches, a majority of police chiefs picked national Union, the largest public employee or- tomorrow's leaders. And as we approach the ``increasing investments in programs that help ganization in the AFL-CIO. As director, he new millennium, it is our responsibility to pave all children and youth get a good start'' as worked throughout the United States orga- the road for this great Nation's future. Mem- ``most effective''Ðnearly four times as often as nizing campaigns, negotiations, and public bers of the U.S. House of Representatives I ``trying juveniles as adults.'' events. Dr. Angelo continues to work as a ask you to join me in congratulating the fol- Children in the Big Brothers/Big Sisters labor arbitrator for the New Jersey State lowing Academic Achievement Award Recipi- mentoring programs showed that children par- Board of Mediation, and is called upon by pri- ents: Marilyn Li and Daniel Ortiz. E1330 CONGRESSIONAL RECORD — Extensions of Remarks June 18, 1999 HOUSE CHAPLAIN SEARCH lost a legend. Lt. Governor Bob Bullock ways ended his speeches with, ``God bless passed away at the age of 69. Texas.'' Today, we would like to add, ``God HON. TOM BLILEY Before coming to Congress, we served with bless Bob Bullock.'' OF VIRGINIA Governor Bullock as members of the Texas f State Senate. No Texan stood taller than Bob EARL POMEROY Bullock in his knowledge of Texas Govern- TRIBUTE TO DR. J. DANIEL OF NORTH DAKOTA ment, his influence over the affairs of Texas STEWART IN THE HOUSE OF REPRESENTATIVES and his deep commitment to our State. Friday, June 18, 1999 His love for our state was legendary. Each HON. JOE SCARBOROUGH time he spoke of Texas, the feeling of his OF FLORIDA Mr. BLILEY. Mr. Speaker, as co-chairs of pride was very clear. He always said, ``I have IN THE HOUSE OF REPRESENTATIVES the chaplain search committee we are an- no agenda but what's good for Texas. And I Friday, June 18, 1999 nouncing to Members that we have begun our have no love, but Texas.'' Mr. SCARBOROUGH. Mr. Speaker, I rise initial stages of the search. We encourage Governor Bullock was born in Hillsboro, today to pay tribute to a man who has dedi- Members to recommend qualified candidates Texas on July 10, 1929. He was elected to the cated 25 years of his life to protecting the peo- to the search committee. They may do so by Texas House of Representatives in 1956 and ple of this great nation and ensuring the Amer- forwarding applicant materials to the Speak- was reelected in 1958. While still in the Texas ican way of life. This gentleman has distin- er's office, H±232 Capitol, House of Rep- Legislature, Governor Bullock enrolled in law guished himself as a community leader, a resentatives, Washington, DC 20515, Atten- school. He earned a law degree from Baylor dedicated family man, and a decorated civil tion: House Chaplain Search Committee. Ap- University as well as a bachelor's degree from servant in the United States Air Force. The plicant materials should include a cover letter Texas Tech University. He was also a grad- man I speak about today is Dr. J. Daniel and resume. uate of Hill College in his hometown. As you know, the House Chaplain prepares Governor Bullock also served as an assist- Stewart, Executive Director, Air Force Devel- and delivers the daily prayer in the House of ant attorney general, heading up the first anti- opment Test Center at Eglin Air Force Base, Representatives; coordinates the use of the trust and consumer protection division in that Florida. I could praise Dr. Stewart for his many suc- Prayer Room; speaks to visiting groups and office. He won several historic cases including cesses as an engineer, an innovative manager gives invocations at events; assists Members a multi-million dollar recovery from five large and leader, or his demonstrated commitment in contacts with religious groups; conducts drug companies that conspired to fix prices. to doing what it takes to get our warfighters wedding ceremonies, visits hospitals and con- Bob Bullock held other positions in Texas the weapon systems they need. I could men- ducts memorial services; and is available at all State government, serving on the Texas His- tion his many academic accomplishments times for pastoral counseling to Members and torical Commission, on the staff of former earning multiple advanced degrees from some staff. Governor Preston Smith, and as the Texas of our most prestigious institutions. Or I could The chaplain is one of five elected officers Secretary of State. applaud his decorations including the Presi- of the House of Representatives. The chaplain In 1974, Bullock was elected Comptroller of dential Rank Award ranking him in the top one is paid $132,100 per year. Public Accounts. He would serve four terms per cent of civil servants in recognition to his The other members of the search committee as the state's chief tax collector. His tenure as contributions to National Defense. But I'm sure are: LOIS CAPPS, HELEN CHENOWETH, JAY Comptroller was marked by innovation and ef- Dr. Stewart would say that those accomplish- DICKEY, CAL DOOLEY, ANNA ESHOO, STEVE ficiency. He became the first elected state offi- ments were just part of his duty. LARGENT, JOHN LEWIS, JOE PITTS, RALPH REG- cial to adopt an equal employment opportunity Mr. Speaker, these accomplishments only ULA, CIRO RODRIQUEZ, ROBERT SCOTT, JOHN program. He was among the first elected offi- begin to describe the caliber of a man like Dr. SHIMKUS, TED STRICKLAND, ZACH WAMP, cials to use computer technology in state gov- Stewart. Ralph Waldo Emerson once said that HENRY WAXMAN, and DAVE WELDON. ernment to cut costs and improve productivity. what people say about you behind your back f He developed a Taxpayer Bill of Rights to is the true measure of your character. The guarantee that Texas taxpayers were treated PERSONAL EXPLANATION words said about Dr. Stewart behind his back with fairness, courtesy and common sense. include: honest, loyal, dedicated, courageous, In 1990, Bob Bullock was elected Lieutenant honorable, hard working, and a true gen- HON. ANTHONY D. WEINER Governor, a job considered the most powerful OF NEW YORK tleman. From the time he entered federal serv- in the State of Texas. In this position, he pre- ice at the Air Force Rocket Propulsion Labora- IN THE HOUSE OF REPRESENTATIVES sided over the Texas Senate, made committee tory at Edwards Air Force Base in 1974 until Friday, June 18, 1999 appointments, sat on key government boards, today, when he leaves Eglin AFB to assume and controlled the flow of legislation in the Mr. WEINER. Mr. Speaker, on rollcall No. his new responsibilities as Executive Director 212, had I been present, I would have voted Senate. As the presiding officer of the Texas Sen- of the Air Force Material Command, Dr. Stew- ``aye.'' art has shown a standard of excellence and f ate, Governor Bullock overhauled the ethics laws in an effort to restore public confidence dedication to duty that made him stand out as HONORING THE LIFE OF in state government. He created the Texas a man of intellect, skill, and integrity. Dr. Stewart's dedication to his country GOVERNOR BOB BULLOCK Performance Review to analyze spending at serves as a model in the lives of the hundreds state agencies and recommend cost-saving al- of civil servants, Air Force officers and enlisted ternatives. He pushed through a constitutional HON. GENE GREEN personnel he has trained, supervised, and en- amendment requiring voter approval before a OF TEXAS couraged. The legacy Dr. Stewart leaves be- state personal income tax could be enacted hind at Eglin Air Force Base as Executive Di- HON. JIM TURNER and if the voters approved the tax, requiring rector, Air Force Development Test Center, OF TEXAS the money be earmarked for education. will remain an inspiration to the men and Governor Bullock is survived by his wife, HON. EDDIE BERNICE JOHNSON women that were fortunate enough to serve Jan; a son, Robert D. (Bobby) Bullock, Jr. of OF TEXAS under his leadership. Austin; a daughter and her husband, Lindy HON. CHET EDWARDS and Phil Ward of Austin; a grandson, Grant f OF TEXAS Bullock Robinson of Austin; a stepdaughter TRIBUTE TO WEST POINT and her husband, Kimberly and Jeff Ader of GRADUATE RALPH WARE HON. RALPH M. HALL Houston; and a brother and his wife, Tom and OF TEXAS Jane Bullock of Brenham. He is also survived HON. BOB SCHAFFER HON. LLOYD DOGGETT by several nieces and nephews. Two sisters, OF COLORADO OF TEXAS Sara Read and Louisa Bond preceded him in IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES death. We would like to offer our sincere con- dolences to Jan and the rest of his family. Friday, June 18, 1999 Friday, June 18, 1999 Governor Bullock's accomplishments were Mr. SCHAFFER. Mr. Speaker, today, I rise Mr. GREEN of Texas. Mr. Speaker, today, shaped by his desire to make Texas the best to recognize a young man dedicated to excel- my colleagues and I and the State of Texas state in the union. Governor Bob Bullock al- lence in the service of his country. On May 29, CONGRESSIONAL RECORD — Extensions of Remarks E1331 1999, Cadet Captain Ralph Ware of Aurora, We do not want any more crimes to occur. sion. Project '99 concludes with a motivational Colorado, graduated from the United States We do not want any more children in jail. We speaker and a barbecue send-off. Military Academy at West Point, New York. do not want to go to any more funerals. At a time when most seniors are involved The United States Military Academy is Let's regulate gun show sales the same way only with celebrations and awards ceremonies, among the most prestigious military acad- as gun store sales. Support the McCarthy it is admirable that these students are choos- emies in all the world. The Academy selects amendment like the: National Alliance of ing to take time and rededicate themselves to only the best and brightest young people of Stocking Gun Dealers, American Bar Associa- helping others. The personal qualities of com- our nation to serve and study at West Point tion, The Police Foundation, National Associa- passion, awareness, and a commitment to for four years. Once admitted, the cadet must tion of Black Law Enforcement Officers, and public service emphasized by the Project '99 endure the most rigorous training, testing his the U.S. Conference of Mayors. program are essential for the next stage of the mind, body and spirit on a daily basis. As the f students' lives. cadet meets each challenge, he is trans- I urge all of my colleagues to join me in formed into a new, multifaceted person, capa- RECOGNIZING CROSSROADS COM- honoring the creativity of the students, teach- ble of serving his country in the face of any MUNITY HOSPITAL AND HILLS- ers, administrators, and parents at Shore Re- obstacle. This transformation culminates in BORO AREA HOSPITAL gional High School who are finding ways to graduation, where each cadet celebrates the make even the last days of high school a valu- achievements of the past and the possibilities HON. JOHN SHIMKUS able educational experience. of the future. OF ILLINOIS f Mr. Speaker, it is my privilege to congratu- IN THE HOUSE OF REPRESENTATIVES late Cadet Captain Ralph Ware and all of the HONORING THE OUTSTANDING West Point graduates. With confidence, I look Friday, June 18, 1999 GRADUATES OF JOHN J. PER- forward to their leadership in America. Mr. SHIMKUS. Mr. Speaker, I would like to SHING INTERMEDIATE SCHOOL f take one moment to recognize Crossroads 220 Community Hospital in Mount Vernon and MANDATORY GUN SHOW Hillsboro Area Hospital in Hillsboro for being ´ BACKGROUND CHECK ACT HON. NYDIA M. VELAZQUEZ mentioned in HCIA's ``100 Top Hospitals: OF NEW YORK SPEECH OF Benchmark for SuccessÐ1998.'' IN THE HOUSE OF REPRESENTATIVES It is comforting for me and the citizens of HON. GREGORY W. MEEKS the 20th district of Illinois to know that we are Friday, June 18, 1999 OF NEW YORK receiving some of the best health care treat- Ms. VELAÂ ZQUEZ. Mr. Speaker, it is with IN THE HOUSE OF REPRESENTATIVES ment provided in the Nation today. Health great pride that I ask you and my colleagues Thursday, June 17, 1999 Care in America today is a vital issue. The to join me in congratulating special graduates successes of these Hospitals show that Illinois of the 12th Congressional District of New The House in Committee of the Whole House on the State of the Union had under has given the issue the attention it deserves. York. I am certain that this day marks the cul- consideration the bill (H.R. 2122) to require I am proud of the quality of medical care mination of much effort and hard work which background checks at gun shows, and for that these hospitals have provided to my dis- has lead and will lead them to continued suc- other purposes: trict. The excellent service provided by Cross- cess. In these times of uncertainty, limited re- Mr. MEEKS of New York. Mr. Chairman, I roads Community and Hillsboro Area Hospitals sources, and random violence in our commu- support the McCarthy amendment because I are symbols of the excellence in aiding and nities and schools, it is encouraging to know believe that gun shows should come under the saving the beloved residents of the 20th dis- that they have overcome these obstacles and same laws as gun stores. When individuals trict. succeeded. buy a gun from a gun store, they must under- f These students have learned that education go a background checkÐwe must have the is priceless. They understand that education is RECOGNIZING PROJECT ’99 AT the tool to new opportunities and greater en- same background check for gun shows. SHORE REGIONAL HIGH SCHOOL This amendment will require under the deavors. Their success is not only a tribute to Brady Law, the instant background check of their strength but also to the support they up to 3 business days on all gun show trans- HON. RUSH D. HOLT have received from their parents and loved actions. This is fair. We should have no ex- OF NEW JERSEY ones. ceptions to the rule. IN THE HOUSE OF REPRESENTATIVES In closing, I encourage all my colleagues to Imagine no background checks. According Friday, June 18, 1999 support the education of the youth of America. to the National Association of Arms Shows, With a solid education, today's youth will be over 5 million people attend nearly 5,200 gun Mr. HOLT. Mr. Speaker, I rise today in rec- tomorrow's leaders. And as we approach the shows each year in the U.S. No background ognition of Project '99 at Shore Regional High new millennium, it is our responsibility to pave checks or record keeping was done at these School, which serves West Long Branch, Sea the road for this great Nation's future. Mem- events. Bright, Oceanport, and Monmouth Beach, New bers of the U.S. House of Representatives I According to Deputy Attorney General Eric Jersey. Project '99 is an innovative 4-day pre- ask you to join me in congratulating the fol- Holder, if the 72-consecutive-hour rule had graduation program that combines public serv- lowing students from IS 220: Salutatorian, been in effect over the past 6 months for reg- ice events with seminars on self-improvement. Weva Kalidahanova; Valedictorian, Carol ular retail store purchasesÐmore than 9,000 The schedule contains activities that will be Chan. felons and other prohibited purchasers would held throughout the community from June 21± f have been able to buy guns because their 24, 1999. To be eligible to participate in background checks would not have been com- Project '99, students must maintain exemplary FAMILIES FIRST ACT pleted in time. discipline and academic records, and also be Now, if this could happen at gun storesÐ involved in the planning and development of HON. TOM BLILEY imagine if we do not have this 3 day period two different events. OF VIRGINIA when purchasing a gun at a gun show? Why The first three days of the project focus spe- IN THE HOUSE OF REPRESENTATIVES should we make it easier for potential crimi- cifically on community service. Participants en- Friday, June 18, 1999 nals to purchase a gun? An increasing num- gage in dune grass planting, school beautifi- ber of criminalsÐwho couldn't pass a back- cation, and mural painting projects. In addition, Mr. BLILEY. Mr. Speaker, in time for Fa- ground check at a gun storeÐare finding gun students host a senior citizen breakfast, orga- ther's Day, I have introduced the Families First shows to be an easy source of guns. Imagine nize and run a field day at the Monmouth Act with Representatives JAMES OBERSTAR, all the people that have diedÐbecause some- School for Children, and work with Habitat for DAVE CAMP, BOBBY SCOTT, DAN BURTON, EARL one bought a gun without a background Humanity. POMEROY, and JIM DEMINT. This bill that would check. On the final day of the program, students make adoptions more affordable and provide And let me remind you that under Mr. DIN- turn their attention towards preparation for life children with loving homes. Sadly, many fami- GELL'S amendment proposing a 24-hour back- after high school. Events include classes in lies wanting to open their homes and provide ground checkÐ17,000 prohibited persons self-defense, personal finance and car mainte- love to children are unable to do so because would have slipped through the system. nance, and a special health and fitness ses- of the extremely high costs of adoption, which E1332 CONGRESSIONAL RECORD — Extensions of Remarks June 18, 1999 range from $8,000 to $25,000. We want to al- and Chairman of the Board of CyberNet TAIWAN AID INITIATIVE TO HELP leviate these costs so that all children are Group, Inc. and recently completed 25 years KOSOVAR REFUGEES given the chance to belong to a family. of service as Chairman and CEO of XRT, Inc. The bill would allow penalty-free withdrawals In his role as a board Member on Rome's HON. SHELLEY BERKLEY of up to $5,000 from IRAs for adoption ex- Gregorian University he serves as a consult- OF NEVADA penses. In recent years, Congress has al- ant in the designing of one of the most ad- IN THE HOUSE OF REPRESENTATIVES lowed penalty-free withdrawals for home ex- vanced academic computer systems in the penses and college education. The Families world. A devout Catholic, Dr. Martino is a Friday, June 18, 1999 First Act would allow people to save the pen- leader in his local parish, St. Katherine of Ms. BERKLEY. Mr. Speaker, the President alty money from early IRA withdrawal and put Siena in Wayne, PA and was formerly presi- of the Republic of China recently made a it toward their children's education. Our bill dent of the Fathers' Club at both St. Aloysius statement which I believe would be of interest would enable families to borrow money from Academy and St. Joe's Prep. Dr. Martino has to my colleagues. On June 7th, President Lee themselves to start a family, as opposed to managed to find a balance between two of his Teng-hui announced that the Republic of taking out a second mortgage or depleting passions, theology and technology, and has China will donate US $300 million to help their savings accounts. contributed enormously to both fields. Kosovar refugees rebuild their homes. It would also repeal the December 31, 2001 Dr. Martino is nothing less than a visionary More than 782,000 ethnic Albanians have sunset for Employer-Supported Adoption ben- whose inventions and ideas are bringing com- been forced to leave Kosovo since Yugoslav efits and make it permanent law. The Families puter technology into the next millennium. Yet, troops began ethnic cleansing in the region. First Act would exclude, for taxation purposes, even though his scholarly title abbreviations Among them, 443,000 refugees fled to Albania any adoption benefits people have received run the alphabet in length (literally 26 letters and some 247,000 swarmed to Macedonia. from their employer. It is imperative that em- long,) Dr. Martino will be the first to tell you The aid package will include emergency sup- ployers are supportive when employees de- that the most important thing in his life is not plies for Kosovar refugees and contributions to cide to give a child a home, whether through his inventions or titles, but his family. He is the long-term reconstruction efforts by the inter- adoption or birth. Many businesses provide embodiment of hard work, integrity and vision national community in Kosovo now that a adoption benefits to their employees, and we and I applaud his dedication to both his work peace plan has been accepted. Moreover, it should do all we can to further promote these and his family. I am proud to have Dr. Martino also offers to arrange for Kosovar refugees to benefits. as my constituent, but I am even more hon- receive short-term technical training in Taiwan. The Families First Act is a bipartisan bill that ored to have him as my friend. Mr. Speaker, I commend the Republic of emphasizes the importance of placing families f China as a member of the world community first. When it comes to providing a child with for their continued commitment to protecting HONORING MRS. MARIE CRUMP a loving home, families must come firstÐnot and promoting human rights. The announce- the IRS. By increasing the options for parents ment was both timely and insightful, fully dem- struggling to afford the high costs of adoption, HON. STENY H. HOYER onstrating the ROC's concern for peace in the the Families First Act will increase the number OF MARYLAND world. I submit the text of President Lee Teng- of children who will finally have a place to call IN THE HOUSE OF REPRESENTATIVES hui's statement to be printed in the RECORD. home next Father's Day. Friday, June 18, 1999 PRESIDENTIAL STATEMENT REGARDING f Mr. HOYER. Mr. Speaker, I rise today to ASSISTANCE TO KOSOVAR REFUGEES PERSONAL EXPLANATION honor an extraordinary woman, Mrs. Marie The huge numbers of Kosovar casualties Crump, as she celebrates a birthday and as and refugees from the Kosovo area resulting from the NATO-Yugoslavia conflict in the HON. ANTHONY D. WEINER the community celebrates her years of leader- Balkans have capture close world-wide at- OF NEW YORK ship and service to Prince George's County. tention. From the very outset, the govern- Mrs. Crump began her service to Prince IN THE HOUSE OF REPRESENTATIVES ment of the ROC has been deeply concerned George's County in the 1950s when she be- and we are carefully monitoring the situa- Friday, June 18, 1999 came active in the 14th District Democratic tion’s development. Mr. WEINER. Mr. Speaker, on rollcall No. Club and was elected treasurer. She also be- We in the Republic of China were pleased 213, had I been present, I would have voted came quite active with the Young Democrats to learn last week that Yugoslavia President ``no.'' and soon distinguished herself as an invalu- Slobodan Milosevic has accepted the peace able resource of effort and knowledge. plan for the Kosovo crisis proposed by the f Group of Eight countries, for which specific In addition to volunteering for campaigns, HONORING DR. ROCCO MARTINO peace agreements are being worked out. Mrs. Crump also volunteered her time in serv- The Republic of China wholeheartedly ON THE OCCASION OF HIS 70TH ice to Prince George's County's nonprofit com- looks forward to the dawning of peace on the BIRTHDAY munity. She served as the local chair for the Balkans. For more than two months, we Red Cross, The Community Chest and the have been concerned about the plight of the HON. CURT WELDON March of Dimes. In 1962, Mrs. Crump was se- hundreds of thousands of Kosovar refugees who were forced to flee to other countries, OF PENNSYLVANIA lected as the Mother's March Chair for Birth Defects of Prince George's County and served particularly from the vantage point of our IN THE HOUSE OF REPRESENTATIVES emphasis on protecting human rights. We in that capacity for 5 years. Friday, June 18, 1999 thereby organized a Republic of China aid As she retired in 1979 from an illustrious ca- mission to Kosovo. Carrying essential relief Mr. WELDON of Pennsylvania. Mr. Speaker, reer with the County Treasurer's Office, she items, the mission made a special trip to the I rise today to honor and pay tribute to my joined the Board of Directors for the Prince refugee camps in Macedonia to lend a help- good friend and colleague, Dr. Rocco Leonard George's Civic Opera and has since devoted ing hand. Martino, on the occasion of his 70th birthday. countless hours to its development for the en- Today, as we anticipate a critical moment Dr. Martino is a pioneer and international au- richment and enjoyment of all Prince Geor- of forth-coming peace, I hereby make the fol- thority in the planning and use of computers, gians. lowing statement to the international com- munity on behalf of all the nationals of the as well as a member of the board of Rome's Mrs. Crump has spent over 40 years work- Republic of China: prestigious Gregorian University. ing to improve Prince George's County for all As a member of the world community com- Highlights of Dr. Martino's career include her citizens. She has made a profound impact mitted to protecting and promoting human graduating Summa Cum Laude from the Uni- on all those with whom she has worked and rights, the Republic of China would like to versity of Toronto in Mathematics and Fi- her life has been an example of the noblest of develop further the spirit of humanitarian nance, earning a Ph.D. from the Institute of idealsÐthat of service to others. concern for the Kosovar refugees living in Aerospace Studies for work in the re-entry of Today, on behalf of the citizens of Prince exile as well as for the war-torn areas in dire Space Vehicle and receiving an honorary doc- George's County, I offer our thanks and our need of reconstruction. We will provide a grant aid equivalent to about US $300 mil- torate from Neuman College in 1993 for his deepest gratitude for Mrs. Crump's lifelong lion. The aid will consist of the following: contributions in Information Technology. Dr. work and I wish her the best as we recognize 1. Emergency support for food, shelters, Martino served as a Professor of Mathematics the magnitude of the difference she has made medical care, and education, etc for the and Engineering at the University of Waterloo and as she celebrates her birthday with family Kosovar refugees, living in exile in neigh- and at New York University, is the founder and friends. boring countries. CONGRESSIONAL RECORD — Extensions of Remarks E1333 2. Short-term accommodations for some of H.R. 1070, BREAST AND CERVICAL nomic growth. The unemployment rate is at a the refugees in Taiwan, with opportunities of CANCER TREATMENT ACT 29 year low, and over 18 million jobs have job training in order for them to be better been created. But, despite this spectacular equipped for the restoration of their home- land upon their return. HON. NANCY PELOSI success there still are many pockets of pov- 3. Furthermore, support the rehabilitation OF CALIFORNIA erty and of unemployment or underemploy- of the Kosovo area in coordination with IN THE HOUSE OF REPRESENTATIVES ment in our country. Mr. Speaker, the Welfare to Work tax credit and the Work Opportunity international long-term recovery programs Friday, June 18, 1999 when the peace plan is implemented. Tax Credits are specifically targeted to in- We earnestly hope that the above-men- Ms. PELOSI. Mr. Speaker, I rise today in creasing employment amongst the hardest to tioned aid will contribute to the promotion strong support of the bipartisan Breast and hire worker groups in this country. These cred- of the peace plan for Kosovo. I wish all the Cervical Cancer Treatment Act, H.R. 1070. its reward work, and their tax benefits accrue refugees an early return to their safe and This important legislation will help women beat peaceful Kosovo homes. to the private firms that hire from these at-risk back the ravages of breast and cervical can- groups. If we are serious about moving mil- f cer and save lives. lions of welfare recipients as well as unem- Every year, Cervical cancer kills 4,400 HONORING THE YOUTH AWARD ployed and underemployed Americans into full women and breast cancer kills over 46,000 time jobs in the private sector, Congress must WINNERS OF THE HISPANIC women and is the leading cause of death YOUNG PEOPLES ALTERNATIVE act now to fully reauthorize the Welfare to among women between 40 and 45. This bill Work and Work Opportunity Tax Credits. ´ builds on a current program which covers The Welfare to Work Tax Credit was estab- HON. NYDIA M. VELAZQUEZ screening services, but does not cover treat- lished as part of the Taxpayer Relief Act of OF NEW YORK ment for women who are detected with can- 1997. This tax credit is intended for long term IN THE HOUSE OF REPRESENTATIVES cer. The bipartisan Breast and Cervical Can- Temporary Assistance to Needy Families cer Treatment Act takes the vital next step to Friday, June 18, 1999 (TANF) recipients. A private firm that hires a offer lifesaving treatment to cancer victims. member of a family that has received TANF Â Ms. VELAZQUEZ. Mr. Speaker, it is with The medical community has the technology benefits for at least 18 consecutive months great pride that I ask you and my colleagues to detect and treat breast and cervical cancer. can apply for the credit. The Welfare to Work to join me in congratulating the Youth Award This bill will strengthen the existing ad hoc Tax Credit counts against a firm's federal in- Winners who are being honored by the His- patchwork of providers, volunteers, and local come tax liability for an amount up to 35% of panic Young Peoples Alternative (HYPA). programs that often results in unpredictable, the first $10,000 earned during the individual's These young people are being recognized this delayed, or incomplete. The bill will offer con- first year of employment, and 50% for the first day for the effort and hard work which has led sistent, reliable method of treatment for unin- $10,000 earned during the second year of em- and will lead them to continued success. In sured and underinsured women fighting breast ployment. An employer must retain eligible these times of uncertainty, limited resources, or cervical cancer. workers for at least 400 hours or 180 days in and random violence in our communities and Mr. Speaker, I am pleased to say that H.R. order to receive the credit. In the first two schools, it is encouraging to know that they 1070 has 248 co-sponsors. I want to com- quarters of FY 1999, over 47,000 Welfare to have overcome these obstacles and suc- pliment Representative ESHOO on her work on Work certifications were issued. ceeded. And they have succeeded not only for this issue. However, I am not pleased with the The Work Opportunity Tax Credit was ini- themselves, but for their community as well. Republican leadership which has given inad- tially authorized as part of the Small Business These students have learned that commu- equate attention to this bill. The Republican Job Protection Act of 1996. This tax credit is nity service is an important part of their edu- controlled House has not even held a Com- intended for several hard to hire groups other cation. They have exhibited great maturity and mittee hearing on the ``Breast and Cervical than long term welfare recipients. Groups eligi- responsibility by taking on the personal chal- Cancer Treatment Act''. This bill has enough ble for the Work Opportunity Tax Credit are: lenge of working to make the community a co-sponsors to pass. We should pass this leg- Members of families receiving TANF benefits better place. Their contributions are priceless. islation and help save the lives of women. for any 9 months during the 18 month period They understand thatÐalong with educationÐ f before starting employment; 18 to 24 year-olds community service is an important part of PERSONAL EXPLANATION whose principal place of abode in an em- gaining new opportunities and going on to powerment zone or an enterprise community; greater endeavors. Their success is not only a 18 to 24 year-olds who are members of fami- tribute to their strength but also to the support HON. JIM KOLBE lies receiving food stamp benefits for the 6- they have received from their parents and OF ARIZONA month period ending on the hiring date; 16 to loved ones. IN THE HOUSE OF REPRESENTATIVES 17 year-olds hired for summer work for any 90 In closing, I encourage all my colleagues to Friday, June 18, 1999 day period between May 1 and September 15 join me in congratulating the young people of Mr. KOLBE. Mr. Speaker, on June 17, 1999 whose principal place of abode is an em- HYPA and all of the youth of America who are the House debated the Consequences for Ju- powerment zone or an enterprise community. engaged in community service. These young venile Offenders Act (H.R. 1501). Following Veterans who are members of families that people we honor today will be the leaders of the vote, I was dismayed to see that I was list- have received food stamps for at least a 3 tomorrow. And as we approach the new mil- ed as not voting on rollcall vote No. 223. I was month period during the 15 month period end- lennium, it is our responsibility to pave the on the floor and am positive I put my card in ing on the hiring date. road for this great Nation's future. Members of the voting device. Had my vote been re- Individuals with physical or mental disabil- the U.S. House of Representatives I ask you corded, it would have been ``nay.'' ities that have been referred by their state's to join me in recognizing the following Youth f vocational rehabilitation program. Award winners: Rosalie NunÄez, Peter J. Economically disadvantaged ex-felons. Ramos, Emanuel HernaÂndez, Peter M. H.R. 2015 Supplemental Security Income (SSI) recipi- Ramos, George Lozado, Steven Amenula, ents. Thomas NunÄez, Paticio Cacho Jr., and Jes- HON. CHARLES A. GONZALEZ For eligible hires who remain on a firm's payroll at least 400 hours, an employer can sica Garcia. OF TEXAS apply a Work Opportunity Tax credit against f IN THE HOUSE OF REPRESENTATIVES the firm's federal income tax for an amount PERSONAL EXPLANATION Friday, June 18, 1999 equal to up to 40 percent of the first $6,000 Mr. GONZALEZ. Mr. Speaker, I introduced in wages paid during the worker's first year of HON. ANTHONY D. WEINER H.R. 2015 on June 7, 1999. This legislation employment. For eligible hires who remain OF NEW YORK would reauthorize the Welfare to Work Tax employed from 120 hours to 399 hours the IN THE HOUSE OF REPRESENTATIVES Credit and the Work Opportunity Tax Credit Work Opportunity Tax Credit rate is 25 per- programs for five years. Both of these tax cent for the first $6,000 in wages. With re- Friday, June 18, 1999 credits are set to expire on June 30th of this gards to summer youth employees, the Work Mr. WEINER. Mr. Speaker, on rollcall No. year. Opportunity Tax Credit is applied against the 214, had I been present, I would have voted Mr. Speaker, for the last seven years Amer- first $3,000 earned in any 90 day period be- ``aye.'' ica has experienced an historic level of eco- tween May 1 and September 15. During Fiscal E1334 CONGRESSIONAL RECORD — Extensions of Remarks June 18, 1999 Year 1998, 285,322 Work Opportunity Tax IN SUPPORT OF AMERICAN a 9 year old student at the Coopertown Ele- Credit certifications were issued. For the first AGRICULTURE mentary School who has just completed the two quarters of FY 1999, 157,850 such certifi- third grade. On Sunday, June 20, Stockton will cations were issued. HON. RONNIE SHOWS be traveling to Washington, DC as a Pennsyl- Both the Welfare to Work and Work Oppor- OF MISSISSIPPI vania delegate to the First Juvenile Diabetes tunity Tax Credits are set to expire this year IN THE HOUSE OF REPRESENTATIVES Congress to raise the awareness of the Con- on June 30th. H.R. 2015 would reauthorize Friday, June 18, 1999 gress and the country about diabetes. both credits for five years. Mr. Speaker, I be- Diabetes is a devastating disease which af- lieve it is important that this Congress take a Mr. SHOWS. Mr. Speaker, today I stand be- fects over 16 million Americans. Even though firm stand in favor of economic development fore my colleagues and the American people 1,700 people are diagnosed with diabetes and reduce the remaining pockets of unem- to discuss the American farmer. I have done each day, half of those who have this disease ployment and underemployment in this country so before and am more than happy to stand do not even know it. Unlike many other chron- by fully reauthorizing both the Welfare to Work up for the American Farm Family again. ic and potentially deadly diseases, there is so and the Work Opportunity Tax Credits for 5 My district, in Mississippi, is largely sup- much more that we can do to tackle diabe- years. Both these credits have minimal impact ported by agriculture. Family farmers, and I tesÐmuch of it simply through education and on the federal budget. The Joint Committee of was once a farmer, are our neighbors, friends awareness. Most important, however, is the Taxation estimated that currently issued credit and community leaders. They provide a foun- need for increased funding for diabetes re- certifications for the Work Opportunity Tax dation of sound American values and a strong search at NIH and CDC so that we may Credit would cost $445 million between fiscal work ethic to communities all across our na- someday discover a cure to eradicate this dis- year 1999 and fiscal year 2004, and Welfare tion. When you get right down to it, they are ease. to Work credits would cost $25 million for the good people who work read hard to make a I have heard from many of Stockton's same period. We cannot afford to put these living and raise their families. friends and teachers. All of them applaud him programs at risk each year during the annual There's more, much more, to say about our for his character and courage. Susan Mingey, budget process. We need to reauthorize them farmers, though. The American family farmer a teacher in Stockton's school, wrote to me for at least a full 5 year period. Mr. Speaker, is the most successful and efficient farmer in saying, ``As a teacher in Stockton's school, I I encourage may colleagues to join me in sup- the world. Our agricultural industry feeds and have watched him for almost four years carry port of H.R. 2015. clothes more people than any other system of himself with dignity and honor as he accepts agriculture on the planet. The American farmer f the day to day routine of `highs and lows' with is one of America's greatest success stories. needles. I have listened to him explain his dis- HONORING THE SPECIAL GRAD- They have excelled through the best and ease to peers, teachers, and Coopertown's UATES OF MIDDLE SCHOOL 136 worst of times. youngest students with the knowledge and au- Our farmers fed a hungry nation during the thority of one who is in control of his disease.'' HON. NYDIA M. VELA´ ZQUEZ Great Depression, sustained our great army Karen Brimer, Stockton's Learning Support during World War II. And, when the soldiers Teacher, wrote to say, ``I have seen Stockton OF NEW YORK came home, our farmers went to work with IN THE HOUSE OF REPRESENTATIVES grow into such a wonderful young person. He new and dynamic technologies and machin- is full of knowledge, wisdom, and zest for life. Friday, June 18, 1999 ery. They have helped feed, clothe, fuel and I often look at him as my teacher when it Ms. VELAÂ ZQUEZ. Mr. Speaker, it is with grow our economy without ever looking back. comes to learning about diabetes.'' great pride that I ask you and my colleagues We cannot turn our backs on our farmers Stockton has worked patiently, quietly, and to join me in congratulating special graduates when they need our help. We cannot afford courageously to raise the awareness of his of the 12th Congressional District of New too. schoolmates regarding this disease. He has York. I am certain that this day marks the cul- Our farmers and ranchers are feeling finan- even raised money for research to find a cure. mination of much effort and hard work which cial and emotional stress. Prices of commod- On Sunday, Stockton will be taking his efforts has lead and will lead them to continued suc- ities have been spiraling downward over the to a new level, traveling to Washington, DC to cess. In these times of uncertainty, limited re- past year. Many of our farm families have raise the awareness of the country and the sources, and random violence in our commu- seen prices for their hard work hit decade Congress about the need for increased re- nities and schools, it is encouraging to know lows over the recent months. We must con- search dollars. that they have overcome these obstacles and tinue to act in support of our American farm Three years ago, I myself was diagnosed succeeded. families. with adult-onset diabetes, a disease in which Let's fight for the farmers as they work to These students have learned that education the body does not produce or properly use in- meet the demands of the EPA. Let's give is priceless. They understand that education is sulinÐa hormone which breaks down sugar them the time and support they need in the the tool to new opportunities and greater en- and converts it to energy. I was diagnosed Farm Quality Protection Act. deavors. Their success is not only a tribute to after I underwent a diabetes screening test Let's continue supporting the Conservation their strength but also to the support they after former Speaker Newt Gingrich urged me Reserve Program. Mississippi's very own have received from their parents and loved and my colleagues to become more involved Jamie Whitten realized this monumental piece ones. with fighting diabetes. I have type II diabetes, of legislation that has added millions of acres In closing, I encourage all my colleagues to the most common form, and can easily treat in needed pine trees. This program needs our support the education of the youth of America. and control my condition through medication, continued support. Dairy Farmers in Mis- With a solid education, today's youth will be exercise, and diet. Since then I have worked sissippi and across America need the USDA tomorrow's leaders. And as we approach the as a leading Member of the House diabetes to enact Option 1A. Let me say that again. new millennium, it is our responsibility to pave caucus to do what Stockton has been so suc- America's Dairy Farmers need option 1A and the road for this great Nation's future. Mem- cessful atÐteach others about the disease, I urge the USDA to do the right thing. and raise awareness about the need for in- bers of the U.S. House of Representatives I Let's support our farmers because they sup- ask you to join me in congratulating the fol- creased research dollars. port us everyday. In April of this year, I introduced legislation lowing Academic Achievement Award Recipi- f ents: Andrew Caceres and Fi Lan Ho. that will help us to fight this deadly disease by f TRIBUTE TO STOCKTON MORRIS, raising public awareness and provide in- PENNSYLVANIA DELEGATE TO creased funding for research. This innovative PERSONAL EXPLANATION THE FIRST JUVENILE DIABETES legislation, called the Stamp Out Diabetes Act, CONGRESS IN WASHINGTON, DC would create a new first-class postage stamp HON. ANTHONY D. WEINER to raise funds for diabetes research. Under my OF NEW YORK HON. CURT WELDON legislation, supporters of diabetes research would voluntarily pay between 34 cents and IN THE HOUSE OF REPRESENTATIVES OF PENNSYLVANIA 41 cents for the special stamp. The additional IN THE HOUSE OF REPRESENTATIVES Friday, June 18, 1999 penny to eight cents would be earmarked for Mr. WEINER. Mr. Speaker, on rollcall No. Friday, June 18, 1999 diabetes research at the National Institutes of 215, had I been present, I would have voted Mr. WELDON of Pennsylvania. Mr. Speaker, Health, after the administrative costs incurred ``aye''. I rise today to pay tribute to Stockton Morris, by the postal service are subtracted. CONGRESSIONAL RECORD — Extensions of Remarks E1335 My hope is that Americans will realize the MANDATORY GUN SHOW 1999 after 12 noon. At that time, I received importance of funding this type of research BACKGROUND CHECK ACT word of a family emergency at home in New and will show their support by paying a few Jersey and immediately left Washington D.C. extra pennies to mail a letter. With millions of SPEECH OF Following are the votes I missed and how I Americans taking part in this program, it is my HON. SAM FARR would have voted: hope that we can raise as much as $10 million OF CALIFORNIA Representatives Sessions and Frost amend- in additional funding for diabetes research. As IN THE HOUSE OF REPRESENTATIVES ment (No. 8) to H.R. 2122, the Mandatory Gun we struggle to balance the budget and reduce Thursday, June 17, 1999 Show Background Check Act: On rollcall No. the national debt, we have to come up with 239, I would have voted ``nay''. new and innovative ways to fund research in The House in Committee of the Whole Representative Goode Amendment (No. 9) critical areas like diabetes. By allowing individ- House on the State of the Union had under to H.R. 2122, the Mandatory Gun Show Back- uals to voluntarily help the cause of diabetes consideration this bill (H.R. 2122) to require ground Check Act: On rollcall No. 240, I would background checks at gun shows, and for research, my legislation will help to fund this other purposes; have voted ``nay''. life-saving research. Representative Hunter Amendment (No. 10) Mr. FARR of California. Mr. Chairman, it is Not only will the stamp help to raise much- to H.R. 2111, the Mandatory Gun Show Back- a travesty that our society tolerates the death ground Check Act: On rollcall No. 241, I would needed funding for diabetes researchÐat no of 13 children every single day by guns. expense to taxpayersÐbut it will also help to have voted ``nay''. I just don't understand why we aren't out- Representative Rogan Amendment (No. 11) raise the public's awareness about the dis- raged and ashamed. to H.R. 2122, the Mandatory Gun Show Back- ease. Perhaps it will even prompt some indi- The gun violence provisions purposed by viduals to undergo diabetes screenings and the Republican leadership prove they don't ground Check Act: On rollcall No. 242, I would catch the disease in its early stages. With in- ``gets it.'' have voted ``yea''. novative projects such as the diabetes stamp, One of my local communities 3,000 miles Representatives Conyers and Campbell combined with the work and support of young away ``gets it.'' They recognizes that ``a mere Amendment (No. 12) to H.R. 2122, the Man- leaders like Stockton Morris, we will indeed be reduction in the availability of guns and ammu- datory Gun Show Background Act: On rollcall able to find a cure for diabetes as we enter nition would decrease the lethality and injury No. 243, I would have voted ``yea''. the new Millennium. associated with violence.'' On Passage of H.R. 2122: On rollcall vote And so I rise today to applaud this extraor- The Senate ``gets it.'' They passed some No. 234, I would have voted ``nay''. dinary young man. He is a tribute to his family, modest gun safety measures: to require man- f his school, and his community. His continuing datory background checks of buyers at gun PERSONAL EXPLANATION advocacy on behalf of the diabetes community shows to prohibit juveniles from privately pur- is an immeasurable benefit to our common chasing assault weapons banning the importa- causeÐfinding a cure for diabetes. In conclu- tion of large ammunition clips requiring the HON. JULIA CARSON sion, I would like to thank Stockton for all of sale of a gun lock or storage box with each OF INDIANA his work on behalf of the diabetes community. gun restricting unlicensed sales at gun shows. IN THE HOUSE OF REPRESENTATIVES I would also like to thank the Juvenile Diabe- One of my local sheriffs ``gets it.'' He said Friday, June 18, 1999 yesterday, ``There needs to be tangible tes Foundation for holding this important Ms. CARSON. Mr. Speaker, I was unavoid- change around the issues of gun use and event. The work that they have done has in- ably absent on Thursday, June 17, 1999, ownership. In my opinion the Senate language deed made a difference. missing rollcall votes 220 through 235. Had I is not unreasonable. been present, I would have voted ``no'' on roll- f But instead of encouraging responsible gun safety measures, the House leadership has call 220, ``no'' on rollcall 221, ``yes'' on rollcall IN MEMORY OF ROD AND BRAD proposed weakening the Senate provisions by 222, ``no'' on rollcall 223, ``no'' on rollcall 224, BURNSIDE, JIM AYRE, AND HOW- watering down the background checks at gun ``yes'' on rollcall 225, ``yes'' on rollcall 226, ARD SWIFT shows. ``no'' on rollcall 227, ``yes'' on rollcall 228, In 1997 an ATF study traced firearms used ``yes'' on rollcall 229, ``yes'' on rollcall 230, HON. DAVE CAMP in youth crimes in one of my communities and ``no'' on rollcall 231, ``yes'' on rollcall 232, ``no'' found that most of the weapons were bought on rollcall 233, ``no'' on rollcall 234, and ``yes'' OF MICHIGAN from gun traffickers and small dealers. on rollcall 235. IN THE HOUSE OF REPRESENTATIVES Without adequate background checks, we f Friday, June 18, 1999 can't prevent guns from getting into the hands TRIBUTE TO AKA’s BETA ALPHA of gun traffickers and being sold to juvenile of- Mr. CAMP. Mr. Speaker, today, I rise to OMEGA CHAPTER honor and remember three men and one fenders. While I recognize the rights of law abiding young boy who lost their lives in a tragic acci- HON. DONALD M. PAYNE dent. citizens to purchase guns for hunting and col- OF NEW JERSEY On November 11, 1995, after setting out for lecting, as a parent I have to ask myself ``how many more children have to die because of IN THE HOUSE OF REPRESENTATIVES a duck hunt, Rod Burnside, his son Brad, Jim gun violence before ``enough is enough.'' Ayre and Howard Swift were swept up by in- Friday, June 18, 1999 f clement weather. I know them well. Their Mr. PAYNE. Mr. Speaker, I rise to bring presence is missed not only by their families PERSONAL EXPLANATION your attention to an organization that has and friends, but by the whole Midland County made quite an impact on its surrounding com- community as well. HON. ANTHONY D. WEINER munity. I speak of the Beta Alpha Omega While no one could have foreseen the trag- OF NEW YORK Chapter of the Alpha Kappa Alpha Sorority. edy that took these gentle souls from their IN THE HOUSE OF REPRESENTATIVES The Alpha Kappa Alpha Sorority is the oldest loved ones, the community came together in Friday, June 18, 1999 Greek-letter organization for African American the spirit of fellowship to help the family and women. Founded on the Howard University friends through these difficult times. Mr. WEINER. Mr. Speaker, on rollcall No. campus in Washington, DC on January 15, The community has united to build a tribute 216, had I been present, I would have voted 1908, it has grown from a membership of 9 to to their departed friends. On June 24, 1999, a ``aye.'' over 150,000. ceremony will be held to dedicate the memo- f New Jersey's oldest chapter is Beta Alpha rial. It will stand near the Pere Marquette Rail PERSONAL EXPLANATION Omega. It was chartered on January 30, 1934 Trail and will serve as a testament to the in Newark. For the past 65 years this chapter honor in which each man lived his life and it has continuously provided invaluable commu- will be a solemn monument for their loved HON. BILL PASCRELL, JR. nity services in the City of Newark and sur- OF NEW JERSEY ones. rounding area. As a result of their unwavering IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I know you will join me and my dedication to the improvement of their commu- colleagues in a moment of silence to honor Friday, June 18, 1999 nity, the Beta Alpha Omega Chapter will be those for whom this memorial is being dedi- Mr. PASCRELL. Mr. Speaker, I was granted honored by the Kappa Alpha Sorority on Sat- cated. a leave of absence for today, Friday, June 18, urday, June 19, 1999. E1336 CONGRESSIONAL RECORD — Extensions of Remarks June 18, 1999 Mr. Speaker, I ask that we too join in hon- Relief for Poverty Reduction initiative is so HILLSBORO HIGH SCHOOL TEAM oring this fine organization; an organization timely. This year, Bread for the World joined WINS REGION FOUR (SOUTH- rich in both history and service. Once again, I together with hundreds of other organizations EASTERN STATES) IN WE THE extend my praises to the Beta Alpha Omega, working internationally to ease crippling debt PEOPLE . . . THE CITIZEN AND and wish them another 65 years of continued burdens that keep poor nations from investing THE CONSTITUTION PROGRAM success. in the well-being of their citizens. Payments on f past debt are, on average, twice the amount HON. BOB CLEMENT PERSONAL EXPLANATION that many poor countries receive in aid. In OF TENNESSEE sub-Saharan Africa, nations are making pay- IN THE HOUSE OF REPRESENTATIVES HON. ANTHONY D. WEINER ments of $12 billion each year on old debtÐ Friday, June 18, 1999 OF NEW YORK six times the amount it would take to school Mr. CLEMENT. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES all African children. That is wrong, and I am recognize my alma mater, Hillsboro High pleased to join with Bread for the World in School, for their victory in Region Four (South- Friday, June 18, 1999 seeking to change it. eastern States) of the We the People . . . Mr. WEINER. Mr. Speaker, on rollcall No. I give thanks for Bread for the World and its The Citizen and the Constitution program. On 217, had I been present, I would have voted May 1±3, 1999, more than 1,200 students members and staff for their contributions to ``aye.'' from across the United States came to Wash- fighting hunger in the United States and over- f ington, D.C. to compete in the national finals seas, and wish them continued blessings in of this program. Through their hard work and FIGHTING HUNGER FOR A QUAR- the years ahead, as they seek justice and an diligence, and led by teacher Mary Catherine TER OF A CENTURY: COMMEMO- end to hunger. Bradshaw, State Coordinator Judy RATING BREAD FOR THE Cannizzaro, and District Coordinator Holly WORLD’S 25TH ANNIVERSARY f West Brewer, these young scholars gained a profound knowledge and understanding of the HON. TONY P. HALL TRIBUTE TO DISCOVER CARD fundamental principles of our constitutional de- OF OHIO SCHOLARSHIP WINNERS OF mocracy. IN THE HOUSE OF REPRESENTATIVES SOUTH CAROLINA The We the People . . . The Citizen and Friday, June 18, 1999 the Constitution program is the most extensive educational program in the country developed Mr. HALL of Ohio. Mr. Speaker, I rise to sa- HON. JAMES E. CLYBURN specifically to educate young people about lute and congratulate Bread for the World on OF SOUTH CAROLINA both the Constitution and the Bill of Rights. their 25th anniversary, and welcome Bread for The three-day national competition was mod- the World members from across the country IN THE HOUSE OF REPRESENTATIVES eled after hearings in the U.S. Congress, con- as they convene in Washington, D.C. for their Friday, June 18, 1999 sisting of oral presentations by the students National Gathering, Silver Anniversary Cele- before a panel of adult judges. The students bration, and Annual Lobby Day. Mr. CLYBURN. Mr. Speaker, I rise today to testified as constitutional experts, and their For 25 years, Bread for the World has pay tribute to the recipients of the Discover testimony was followed by a period of ques- worked to end hunger and seek justice for the Card Tribute Award scholarships. The winners tioning during which the judges probed the poor, the hurting, and the oppressed. When students for both the depth of their under- people of faith come together around the com- were selected from over 10,000 applications nationwide. standing and the ability to apply their knowl- mon conviction that hunger can be defeated, edge to constitutional dilemmas. great things happen. And great things have The Discover Card Tribute Award program Twenty-seven students from Hillsboro com- happened over the years, as Bread for the honors outstanding high school juniors across peted in the competition, including Suchie World has won many victories, large and the United States and overseas. The Tribute Brattacharyya, Rachel Bloomekatz, Kate small, on behalf of the hungry and voiceless. Award program not only recognizes the stu- Caldwell, Tua Chaudahari, Lauren Collett, It has been my privilege to work with Bread for dents scholastic achievement, but also their Doug Conway, Rion C. Taylor, Cara Doidge, the World on many issues over the years, and community service, leadership skills, unique Sarah Ettinger, Carmen Germino, Lee Griggs, I've often drawn inspiration from the energy, talents, and goal attainment. The winners may Emma Groce, Kyle Hatridge, Sarah Henn, Re- dedication, and tenacity of Bread for the World use their scholarships for any form of post becca Hunter, Emeily Leiserson, Meredith Members and staff. This organization rep- high school education, including trade schools Lorber, Ana Mallett, Judson Merrell, Carley resents our finest traditions of living faith and and two year colleges. O'Shea, Rachel Roberts, J.P. Schuffman, Ash- civic duty, and its efforts have never been ley Smiley, Ashley Thompson, Ayne Wallace- more important. The scholarships are awarded in three cat- Swiggart, and Mary Williams. Despite a booming economy, hunger is on egories of study: Arts and Humanities, Trade Administered by the Center for Civic Edu- the rise, and millions of low-income Americans and Technical or Science, Business and Tech- cation, the We the People . . . program has are having trouble putting food on the table. nology. Students can receive a gold (2,500), provided curricular materials at upper elemen- Rosy economic statistics are masking real silver (1,750), bronze (1,250), and merit tary, middle, and high school levels for more hardship and a deepening of poverty for many (1,000) Tribute Award scholarship. than 26.5 million students nationwide. A 1994 working people and others. Across the nation, evaluation of the program found it successful the number of people turning to food banks The winners from South Carolina are: Melanie Almonte, Goose CreekÐbronze; in promoting both the toleration of dissenting and soup kitchens for help is up substantially. views and active participation in our political Shawnta Bolden, North CharlestonÐbronze; And here in the richest nation on earth, we still system. I commend the students from Hills- Reis Coggins, Fort MillÐsilver; KoJillitta Grif- have a disgracefully high child poverty rate, boro High School, as well as their teachers with one in five of our children living in pov- fin, CharlestonÐsilver; Kiti Kajana, Colum- and administrators, for their impressive per- erty. biaÐgold; Anisa Kintz, ConwayÐsilver; formance and wish them the best of luck in And despite tremendous progress in this Courtney Sandifer, BarnwellÐgold; Snehal their efforts to reach the 2000 national finals. fight over the past 25 years, hunger still Sarvate, CharlestonÐbronze; Krista Shirley, f threatens 800 million of the world's people. GilbertÐgold; and Mellisa Tanner, North Large populations in Africa's Great Lakes Re- CharlestonÐsilver. EXPANDED NUTRITION PROGRAM gion, Angola, Liberia, Somalia, Sudan, the former Yugoslavia, Afghanistan, Iraq, and Mr. Speaker, it is my honor to recognize the HON. SOLOMON P. ORTIZ North Korea require assistance to survive. young scholarship winners from the Palmetto State, and I ask my colleagues to join me in OF TEXAS World estimates of people requiring emer- IN THE HOUSE OF REPRESENTATIVES gency food aid to escape hunger now exceed congratulating these students for their current 26 million. achievements, and encourage them to con- Friday, June 18, 1999 We know that debt relief is hunger relief, tinue their contributions as our nation's young Mr. ORTIZ. Mr. Speaker, I rise today to ask and that is why Bread for the World's Debt leaders. my colleagues to join me in observing the 30th CONGRESSIONAL RECORD — Extensions of Remarks E1337 anniversary of the Expanded Nutrition Pro- faces the challenge of providing adequate BETHESDA FALCONS WIN RECORD gram. On Monday, I will be with the Expanded supplies of water for human consumption, ag- SEVENTH MARYLAND SOCCER Nutrition Program of the Texas Agricultural Ex- riculture, industry, and recreation. Unlike other TITLE tension Service at Texas A&M UniversityÐ areas, San Antonio depends on a sole source Corpus Christi to celebrate this all-important for its drinking waterÐthe Edwards Aquifer. HON. CONSTANCE A. MORELLA anniversary. This legislation would authorize the San An- OF MARYLAND We are all fortunate enough to know how IN THE HOUSE OF REPRESENTATIVES very important, how very fundamental, nutri- tonio Water System (SAWS) Water Recycling tion is to each of us. Each one of us, for better Project Phase III. SAWS has embarked on an Friday, June 18, 1999 or worse, is a product of what we began to eat ambitious project to recycle water that can Mrs. MORELLA. Mr. Speaker, it is my great when we were younger. I am so very proud of then be used for a host of industrial and non- pleasure to congratulate the Bethesda Soccer the work South Texans have done to learn potable uses. Upon completion of the project, Club Falcons for their victory in the U±16 girls more about nutrition. SAWS expects to save 35,000 acre feet of Maryland State Cup championship. Their de- I am so grateful for the vision in association water, roughly equivalent to 31.2 million gal- feat of the Soccer Club of Baltimore Force on with the Expanded Nutrition Program (ENP) in lons per day. As a result, more than 11 billion Saturday, June 5, by the score of 11±0, Texas. ENP has been providing nutrition edu- gallons a year of aquifer water will be avail- marked the Falcon's seventh consecutive title, cation to poor families and children since able for potable use. This saving will free up a Maryland record. The Falcons have won the 1968, and it is easily one of our most produc- an amount equal to approximately twenty per- title each year since they have been eligible to compete for the State Cup. The team will trav- tive programs. cent of the City of San Antonio's current with- ENP teaches an assortment of things all of el to Rhode Island next month to compete in drawals from the Edwards Aquifer. us need in order to be productive, healthy citi- the U.S. Youth Soccer Association Eastern zens: life skills, self-sufficiency, better health The SAWS recycling project meets federal Regional Championships. and nutrition, careful budgeting, commitment, goals for Bureau of Reclamation water The Force battled throughout the game and responsibility and personal success. All in all, projects under Title XVI of the Reclamation never relented, but the Falcons' stout defense, ENP leads the way to a healthier way of life. Wastewater and Groundwater Study and Fa- anchored by defenders Caitlin Curtis, Amy Better still, EPN saves us money; each dollar cilities Act of 1992, as amended (PL 102± Salomon, Alison West, and goalies Anna spent on ENP is $10 saved on health care 575). Specifically, the San Antonio Recycled Halse-Strumberg, and Kerry York, limited the costs. Water Project will: reduce demand on and use Force to just a handful of shots. On offense, ENP teaches lessons about food and nutri- of the Edwards Aquifer water supply and will the Falcons were led by three goal perform- ances from Audra Poulin and Jenny Potter. tion in a supportive environment. The ``Kids in help protect federally-protected endangered the Kitchen'' program provides leadership de- Jenna Linden contributed two goals with species dependent on spring flows originating velopment for young people who need esteem Christi Bird, Stephanie Sybert, and Allison in the Edwards Aquifer; reduce and postpone or leadership skills. Young people who help Dooley tallying the remaining scores. The Fal- prepare family meals learn valuable lessons San Antonio's need to develop new water re- con midfielders, Beth Hendricks, Tara Quinn, about sharing workload and responsibility. sources; foster a region-wide perspective in Jennifer Fields, Susannah Empson, and Through the Texas Agricultural Extension addressing usage issues across the Edwards Tanya Hahnel, played a key role in transition Service, Texans have learned about basic nu- Aquifer area, as well as the San Antonio and between offense and defense. The Falcon de- trition, managing a food budget, food safety Guadalupe Rivers watersheds; and provide fense did not allow a goal in the five games and food preparation. Women who are return- economic benefits to a community with signifi- of the 1999 State Cup tournament while the ing to work can learn to prepare quick and cantly economically disadvantaged sectors. offense recorded 29 goals. On Sunday, the easy, yet nutritious, meals to ease the family's Phase III is expected to cost approximately Falcons ended their regular season with a first adjustment to the change. Positive, productive $20 million, and the federal share would be $5 place finish in the Washington Area Girls Soc- activities may reduce the chance of risky be- million. cer Association U±17 Premier Division. The havior. team was guided by coach Richie Burke. I want to ask all my colleagues to join me The FY 1998 Energy and Water Appropria- f today in observing the 30th anniversary of the tion Bill contained a $200,000 ``earmark'' for Expanded Nutrition Program. the Bureau to conduct a review of San Anto- MANDATORY GUN SHOW f nio's environmental assessment and feasibility BACKGROUND CHECK ACT study of the reuse program. Staff of the Bu- PERSONAL EXPLANATION reau of Reclamation are currently working in SPEECH OF coordination with staff of the San Antonio HON. JAMES A. BARCIA HON. ANTHONY D. WEINER Water System to perform this review. The OF MICHIGAN OF NEW YORK SAWS project authorization was included in S. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES 901 in the 104th Congress, a bill reported fa- Thursday, June 17, 1999 Friday, June 18, 1999 vorably by the Senate Committee on Energy and Natural Resources. Unfortunately, that The House in Committee of the Whole Mr. WEINER. Mr. Speaker, on rollcall No. House on the State of the Union had under version of the bill did not become law. 218 had I been present, I would have voted consideration the bill (H.R. 2122) to require ``no.'' We face a continuing challenge to use our background checks at gun shows, and for f natural resources more efficiently so that we other purposes: can meet our communal obligation to provide Mr. BARCIA. Mr. Chairman, I rise in support SAN ANTONIO WATER SYSTEM high quality drinking water to all of our neigh- of the Dingell, Oberstar, Stenholm, Tanner, RECYCLING PROJECT borhoods and to maintain a supply of water for Cramer, John amendment. economic growth and expansion. In San Anto- The amendment addresses several con- HON. CIRO D. RODRIGUEZ nio, our five military installations will benefit cerns that are important to my constituents in OF TEXAS from the recycling project, reducing their need the Fifth District of Michigan. H.R. 2122, as IN THE HOUSE OF REPRESENTATIVES to rely on Edwards Aquifer water. Other large written would allow a 72-hour delay at Gun Shows if the instant check is not approved. In water consumers will also switch to recycled Friday, June 18, 1999 my district, many of my constitutents purchase water for non-potable uses, helping us better Mr. RODRIGUEZ. Mr. Speaker, I am their firearms at Gun Shows because of the pleased today to introduce legislation to pro- manage our water supply. SAWS has stepped rural nature of this area and access to fire- mote water conservation and recycling in San up to the plate to find long-term solutions, and arms for hunting or self-protection is not read- Antonio, Texas. This legislation enjoys the bi- this recycling project is part of that plan. I am ily available. The Dingell Amendment would partisan support of the other members of the honored to join with my colleagues from San not strike the instant check at gun shows, but San Antonio congressional delegation who join Antonio, Congressman LAMAR SMITH, Con- would lower the 72-hour delay to 24 hours. In as original co-sponsors. gressman HENRY BONILLA, and Congressman many cases, a gun show is only in an area for Like many places across the Nation, San CHARLES GONZALEZ, as original co-sponsors of 2 days. The three-day delay would prevent Antonio and the entire central Texas region this legislation. many law-abiding citizens from purchasing E1338 CONGRESSIONAL RECORD — Extensions of Remarks June 18, 1999 legal firearms. With more than 92 percent of ecologically representative areas to the Sys- (USSAH) in Northwest Washington, D.C., sits the delays approved, this would be a severe tem. one of our country's most historic buildings, restriction for those law-abiding citizens who Rocks and islands which are already pat- the Anderson Cottage. Rarely visited and vir- want to exercise their Second Amendment ented or reserved for marine navigational aids, tually unknown, it was the summer White Rights. Under current law, in a majority of National Monuments, or state parks will not be House of three U.S. presidents: Chester Ar- cases, if the purchaser of the firearm is latter affected by the legislation. thur, Rutherford B. Hayes,and, most notably, to be found in violation of state of federal law, I am pleased to be able to introduce this bill Abraham Lincoln. President Lincoln spent a the police were able to recover the firearm and look forward to its swift passage, so that quarter of his presidency living at the Soldiers' with little difficulty. these unique areas of California's ecosystem Home and it was in Anderson Cottage where I strongly believe that we should support can be preserved and protected for genera- he wrote the last draft of the Emancipation every effort to protect the rights of law-abiding tions to come. Proclamation. citizens and punish those who ignore the Mr. Speaker, the second piece of legislation The building is in need of restoration, and lawÐparticularly those who use a firearm and that I am introducing today is the ``Pinnacles the USSAH has been working with the Na- injure or kill their victim. This Amendment in- National Monument Boundary Adjustment Act tional Trust for Historic Preservation to find creases the penalty for criminals who use a of 1999''. This legislation transfers land that is funding to restore the building and open it up banned assault weapon in conjunction with a currently under the jurisdiction of the Bureau as an historic site. Anderson Cottage also is crime. of Land Management to the National Park listed as one of the First Lady's ``Save Amer- A 72-hour check is a back door effort to Service at the Pinnacles National Monument ica's Treasures'' sites. The following article il- stop otherwise legal gun sales. We can do it in California. lustrates the importance of this home, as well instantly with today's technology. If you want This ``no cost'' land exchange will also des- as the equally historic Soldiers' and Airmen's to ban gun sales then say so. If you want rea- ignate the additional land acquired by the Na- Home on which it sits. tional Park Service as a component of the Na- sonable safety check, then a 24-hour delay is [From the Washington Times, March 18, 1999] enough. I urge adoption of the Dingell Amend- tional Wilderness Preservation System. I would like to point out that this will not change LIVING LINK TO LINCOLN HIDDEN IN PLAIN ment. SIGHT f the current management practices that have been conducted by the Bureau of Land Man- (By Catherine Watson) LEGISLATION TO PROTECT agement. I went to Washington recently to look for SENSITIVE CALIFORNIA LANDS Finally, this legislation authorizes the Sec- links to one of the country’s heroes. I wanted retary to acquire additional lands depicted on to explore the city that Abraham Lincoln knew, the Washington of the Civil War. HON. SAM FARR the map through purchase, donation, or a Because I had only a few days, I thought I OF CALIFORNIA combination thereof. should choose the big names. But the high- Mr. Speaker, the third piece of legislation IN THE HOUSE OF REPRESENTATIVES light was a place I had never heard of—one of that I am introducing will require the National the least-visited of Lincoln sites and argu- Friday, June 18, 1999 Park Service to conduct a feasibility study re- ably the most important: Anderson Cottage. Mr. FARR of California. Mr. Speaker, I rise garding options for the protection and ex- (See? I didn’t think you had heard of it.) The cottage lies off North Capitol Street, today to give notice to my colleagues that I panded visitor enjoyment of nationally signifi- cant natural and cultural resources at Fort on the grounds of what Lincoln knew as the am introducing three pieces of legislation to Soldiers’ Home, now the U.S. Soldiers’ and help protect sensitive California lands. The Hunter Liggett, California. Airmen’s Home, a handsome, 320-acre cam- first bill is the California Coastal Rocks and Is- Under BRAC several historic buildings are pus on high ground in the Northwest quad- lands Wilderness Act of 1999. I am pleased to now being transferred to the National Park rant of the city. About 1,100 retired enlisted be able to offer this bill with bipartisan support Service from the United States Army. In addi- personnel live there, veterans from World and want to thank my colleagues, Messrs. tion, other cultural sites, cultural landscapes, War II through Vietnam. I parked near the house, walked up the GALLEGLY, WAXMAN, CAMPBELL, STARK, buildings, and the natural resources of the en- wooden porch steps and entered a large room BILBRAY, Ms. ESHOO and Mrs. CAPPS for join- tire 165,000 acre fort area merit evaluation for future protection and visitor enjoyment, either that would be familiar instantly to anyone ing me in this effort. who knows military posts. There was that Mr. Speaker, the purpose of this bill is to in concern with military activities or in the same smell of governmental dust, the same recognize the ecological significance of the event of future military downsizing. kind of linoleum alternating with Veterans tens of thousands of small rocks, islands and Fort Hunter Liggett and the surrounding Affairs gray paint on the floor, even the pinnacles off the California coast, by desig- areas have a deep and storied history. Serv- same sickly pale green on some of the walls. nating them as part of the National Wilderness ing as hunting grounds, for more than 10,000 I liked it. Preservation System. These small islands and years, archaeologists have found artifacts But there didn’t seem to be much to see. Just how important is it historically? rocks provide important resting sites for Cali- throughout the San Antonio Valley and the Santa Lucia Mountains. In 1771, construction Very, said Kerri Childress, public affairs fornia sea lions, Steller's sea lions, elephant director for the home, whose office is in An- seals and harbor seals, as well as providing a began on Mission San Antonio, the third mis- derson Cottage. This is where Lincoln fin- narrow flight lane in the Pacific Flyway. sion established in California which is a work- ished the Emancipation Proclamation. An estimated 200,000 breeding seabirds of ing inholding that can still be visited. Ms. Childress, a tall, slim woman with 13 different species use these rocks and is- To quote Wendell Berry ``To cherish what bright blond, short-cropped hair, has a con- lands for feeding, perching, nesting and shel- remains of the Earth and to foster its renewal tagious enthusiasm for the Soldiers’ Home, is our only legitimate hope of survival,'' Mr. its residents and Anderson Cottage. ter. Birds that use these areas include three ‘‘This really is a well-kept secret,’’ she threatened and endangered species: the Speaker, I urge you and our colleagues to join me in supporting these three pieces of legisla- said. ‘‘Even the Lincoln buffs are sometimes brown pelican, the least tern and the peregrine surprised.’’ falcon. tion that will help to protect our coasts, lands More surprising is how rarely it’s visited: The Wilderness designation afforded by this and history. If we lose this opportunity we will At most, 100 tourists a year find their way to act would apply to all rocks, islands and pin- not get another chance once damage has oc- the cottage. nacles off the California coast from the Or- curred. ‘‘If this building were any place else, it egon border to the U.S. Mexico border, which f would be a national shrine,’’ Ms. Childress said. ‘‘We make such a big deal out of Ford’s are currently under the jurisdiction of the Bu- A TRIBUTE TO THE HISTORIC AN- Theater. Nothing happened there except that reau of Land Management (BLM). This in- DERSON COTTAGE—SUMMER he died. This was where he lived. This was cludes nearly all of the federally-owned lands WHITE HOUSE TO THREE PRESI- where he created. This was where he became above the mean high tide and within three DENTS Abraham Lincoln.’’ geographical miles off the coast. Like many presidents, Lincoln had a sum- The designation would afford the highest HON. ELEANOR HOLMES NORTON mer White House, though I had never associ- protected status and highlight the ecological ated that plain man with such a luxury. This OF THE DISTRICT OF COLUMBIA importance of all of the small rocks, islands was it—a getaway that may have been the IN THE HOUSE OF REPRESENTATIVES only place in Washington where he and his and pinnacles off the California coast, which Friday, June 18, 1999 family had a semblance of normal life or together comprise approximately 7,000 square anything approaching happiness. acres. Adding these areas would also further Ms. NORTON. Mr. Speaker, on the grounds It’s still fresh and countrylike, but now the Wilderness Act's goal of including unique, of the U.S. Soldiers' and Airmen's Home the Soldiers’ Home is an island awash in city CONGRESSIONAL RECORD — Extensions of Remarks E1339 streets. During Lincoln’s summers, it was if you compare it with a mansion such as the CONSEQUENCES FOR JUVENILE well outside of smelly, muddy, crowded, in- White House. The style is Gothic revival, and OFFENDERS ACT OF 1999 sect-ridden Washington—a genuine country it still has its lacy white trim, big front estate built for a local banker in 1840. porch and heavy interior moldings. SPEECH OF The government purchased the property in Except for modern furniture and a few par- 1850 to create one of the nation’s first homes titions, the layout of the house is about the HON. RICK HILL for veterans. The cottage was renamed at the way it was when the Lincolns knew it. The OF MONTANA start of the Civil War to honor Maj. Robert White marble mantelpieces are original. So IN THE HOUSE OF REPRESENTATIVES Anderson, the Union Commander of Fort is the simple wooden banister leading up the Sumter, the bastion off the South Carolina stairs from the entry hall. And the shutters Thursday, June 17, 1999 coast where the first official shots were folded into the window frames. And the slid- The House in Committee of the Whole fired. ing pocket doors on the ground floor—paint- House on the State of the Union had under Anderson Cottage was the first infirmary ed shut now, but still there. consideration the bill (H.R. 1501) to provide at the Soldiers’ Home, the first guest house I wandered upstairs on my own and easily and, in 1954, the first dormitory for female grants to ensure increased accountability for found the large second-floor room at the juvenile offenders: veterans, Ms. Childress said. front of the house that had been Lincoln’s The gray-stucco cottage also served as bedfront. This was where he wrote the final Mr. HILL of Montana. Mr. Chairman, people summer White House for presidents Ruther- draft of the Emancipation Proclamation. own guns for many reasons. They use them ford B. Hayes and Chester A. Arthur. Presi- for hunting. They use them for recreational dent James Buchanan had his summer resi- The room is sparely furnished—a Victorian dence across the street. dresser, a contemporary dining-room table shooting. And they use them for self defense. But it’s the Lincoln connection that mat- ringed with modern chairs. But its appeal About 2 million times a year, people use ters most. lies in its silence, not its furniture. It was guns to defend themselves, their families and ‘‘Secretary of War Edwin Stanton did not dead quiet there the day I visited—genuinely businesses. want Lincoln up here,’’ Ms. Childress said. peaceful. The only sound from outside was a So what does this have to do with trigger ‘‘He felt they could not protect him out plaintive bugle call as veterans lowered the locks? flag for the day. here.’’ Stanton probably was right. It requires that guns be sold with trigger I could imagine the tall, gaunt president From late June to early November, start- locks. That doesn't seem unreasonable. In fact ing in 1862, Lincoln commuted virtually leaning against the fireplace mantel or look- daily by horseback between the cottage and ing out the windows at the green lawn that about 80% of guns sold today are sold with the White House, accompanied by 20 to 30 still surrounds the cottage. He probably even trigger locks. That seems pretty reasonable. cavalrymen with their swords drawn. He looked through the same panes of glass. What's wrong with the amendment is that it didn’t much care for the escort. It hit me then: This place has more to do requires gun owners to keep a trigger lock on Even so, Ms. Childress said, one night he with Lincoln the president than any other their guns. arrived at the cottage without his stovepipe shrine. More than his well-preserved home in It accomplishes this by saying that gun own- hat. It had been shot off his head. Springfield, ILL. More than the frontier ers are liable for the criminal use of a stolen Anderson Cottage also is where John hamlet of New Salem, ILL. More than the gun that was stored without a trigger lock. Wilkes Booth’s first plot against the presi- White House itself. dent was supposed to have been carried out. Someone breaks into your home, steals Here he was not only commander in chief, your gun, robs or kills with it, and you are held It was a kidnapping plan that later was but also husband, father and human being. abandoned in favor of a bullet. No wonder he would take risks to ride out responsible. There, too, Mary Todd Lincoln held se- here every chance he got. Mr. Chairman, I hold here a trigger lock. In ances, trying to connect with the spirit of The house is structurally sound—always the small print it says ``don't use on a loaded her son, Willie, who had died in the White has been and always will be, Ms. Childress gun.'' House just three months before the Lincolns said: ‘‘We will always take care of it.’’ It’s So what the practical implications of this first came to Anderson Cottage. not restored, so it’s not pretty, but it could amendment are: This also is where Mrs. Lincoln spent two be. months recuperating from an 1863 carriage You can no longer keep a loaded gun in accident. Some historians believe the car- Unfortunately, the Soldiers’ Home doesn’t your night stand to defend your family. riage had been tampered with in an attempt have the money to do it. The home has been When the armed intruder enters your home, on Lincoln’s life, Ms. Childress said. funded from its beginning by small deduc- here is what you will have to do Mrs. Lincoln refused to be taken to the tions from enlisted men’s pay—now 50 cents Find the key. Unlock the trigger. Remove a month, plus any fines and forfeitures from White House after the accident. ‘‘There was the trigger lock. Load the gun. an open-door policy at the White House’’ disciplinary actions. It has never been sup- ported by taxpayer dollars. If that crook is armed, you have no chance during the war, Ms. Childress said. ‘‘I can of defending yourself. only imagine the chaos.’’ But with the downsizing of the military, Besides, ‘‘Mrs. Lincoln wasn’t set up to be less money is coming in because there are Mr. Chairman, there are two groups who a politician’s wife, especially a president’s fewer soldiers to fund the deductions. The ef- really support this amendment: wife. What comforted her was this place.’’ fect has been ‘‘devastating,’’ Ms. Childress Crooks who would invade our homes and At Anderson Cottage, ‘‘Lincoln did not en- said, ‘‘just devastating.’’ harm our families and trial lawyers who would tertain and did as little business as pos- A rescuer may be coming, however. The be enriched. sible,’’ Ms. Childress said. ‘‘There is very lit- United States Soldiers’ and Airmen’s Home The losers are honest, law abiding citizens tle doubt in my mind that some of Lincoln’s is negotiating with the National Trust for who want to defend themselves. greatest thoughts and greatest writings took Historic Preservation to have the trust take Mr. Chairman, I urge the defeat of this place in this house. This is the only place he care of the cottage. amendment. would have had the solace and the quietude Rather than having it become just another f to do that.’’ Victorian house with antique furniture. Ms. As the afternoon deepened into the winter Childress said she hopes it can be used as a twilight, Ms. Childress walked me across the COMMEMORATING THE SERVICE learning center for an array of related top- OF SANDRA K. HOGAN drive to an ancient copper beech, a gigantic ics: the Civil War, the effects of the Emanci- tree with a knobby trunk and a ring of low pation Proclamation, Lincoln himself. But branches touching the ground. Where each all that, she said, is still a long way off. HON. RICHARD W. POMBO touched, a young tree had sprung up. ‘‘In summer,’’ Ms. Childress said, ‘‘it is OF CALIFORNIA like a big canopy.’’ f IN THE HOUSE OF REPRESENTATIVES Lincoln took refuge in there, she said. Friday, June 18, 1999 When aides couldn’t find him anywhere else, PERSONAL EXPLANATION they would look for him under the swooping Mr. POMBO. Mr. Speaker, I rise today to branches, where he often went to read. acknowledge and pay tribute to Ms. Sandra K. Sometimes he even played there. He HON. ANTHONY D. WEINER Hogan, Director of the Legislative and Regu- climbed this tree a couple of times, she OF NEW YORK latory Review Office of USDA's Agricultural noted—once with his son Tad, another time IN THE HOUSE OF REPRESENTATIVES Marketing Service (AMS). Ms. Hogan will re- with Stanton’s children. tire, July 3rd after 37 years of service to AMS. I was awed. This tree knew Abe Lincoln— Friday, June 18, 1999 it’s one of the few living things in this world For 33 of those years, she has not only that did. Mr. WEINER. Mr. Speaker, on rollcall No. served 13 AMS Administrators, but has also Back inside, I saw that the cottage was 219, had I been present, I would have voted been a valuable asset to Congress in her role bigger than it looked—it’s a ‘‘cottage’’ only ``aye.'' as the Congressional Liaison for AMS. E1340 CONGRESSIONAL RECORD — Extensions of Remarks June 18, 1999 Ms. Hogan's breadth of knowledge about Mr. Chairman, some have suggested that Clinton, in a commencement address, asked the extensive programs which AMS admin- the waiting period should be changed from 22-year-old Gaines to stand. He then ac- isters and her professionalism have always three business days to only 24 or 72 hours. claimed her as ‘‘a tribute to her mother’s love and sacrifice.’’ been greatly appreciated by all who have But the vast majority of gun buyers complete ‘‘Listen to this,’’ Clinton told the crowd. worked with her. You always knew that when their checks in a few hours. It is only those ‘‘Even through the pain of five ruptured you needed to get a clear explanation about a who are convicted of felony charges, or have disks in her back, Joyce Gaines (Tieaesha’s complicated AMS issue or quick assistance in a record of domestic violence or drug abuse mother) worked three jobs and commuted 200 drafting legislation, Ms. Hogan would be able who are denied their guns, and we need those miles a day to put her daughter, Tieaesha, through Grambling.’’ to handle the job. AMS issues certainly do not extra days to conduct a thorough check. Clinton, who used the address to promote a make that job easy. Ms. Hogan has had to be So now, when the NRA comes back to Con- broader pro-family agenda, continued, ‘‘Sto- proficient in issues from Federal Milk Mar- gress to argue that we shouldn't close the ries like this remind us what people can keting Orders, commodity grading, plant pat- gun-show loophole, that we shouldn't subject achieve when they set their minds to it, but ents, agricultural transportation concerns, gun buyers at gun shows to the same back- they also remind us of how hard it can be to commodity purchases for the federal feeding ground check as gun buyers in stores, I urge raise a child right, especially today in our programs, the Perishable Agricultural Com- my colleagues not to be swayed by their de- very busy society with its very demanding economy.’’ modities Act (PACA), Organic Certification, ception. Tieaesha was videotaping the president and the ever increasing number of commodity If we accomplish nothing else in the name from the second row of graduates when she checkoff programs, to name a few. To illus- of gun safety, we must close the gun-show heard him say her name. trate the breadth of her career, about the loophole. ‘‘I was thinking, ‘That’s me! That’s me!’ ’’ same time Ms. Hogan started in the job of I applaud my colleague from New York for she said. ‘‘I was astonished, amazed. I didn’t even know he knew who I was. When he said Congressional Liaison, Congress passed the her courage and her determination, and I urge ‘five ruptured disks’ I knew automatically, first industry funded commodity checkoff legis- my colleagues to support the McCarthy ‘That’s my mom.’ When he pointed at me, I lation for the cotton industry, the Cotton Re- amendment, and Mr. CONYERS' substitute. got so excited, I jumped up and screamed, ‘I search and Promotion Act. Ms. Hogan has f love you Mom.’ I guess I got in the way of since supervised the enactment of 19 indi- the camera because someone saw it on vidual checkoff statutes and the most recently A TRIBUTE TO JOYCE GAINES CNN.’’ Vallejoan Joyce Gaines was sitting in the enacted ``generic statute.'' stands surrounded by family when she heard Ms. Hogan is an exceptional breed of public HON. GEORGE MILLER Clinton mention her. servant who has always put customer service OF CALIFORNIA ‘‘Chills went up and down my spine.’’ she first and luckily for us, she considered Con- IN THE HOUSE OF REPRESENTATIVES said. ‘‘It was so phenomenal having my name gress to be one of her most important cus- mentioned by the President of the United Friday, June 18, 1999 tomers. Ms. Hogan's graciousness, profes- States.’’ sionalism and extensive knowledge of the mul- Mr. GEORGE MILLER of California. Mr. Joyce Gaines had been interviewed three Speaker, I rise to pay tribute to Joyce Gaines days earlier by a Grambling official, who had titude of AMS programs and history will be heard about the sacrifices she made for her sorely missed. I commend her on her distinc- and her family, from Vallejo, California in my daughter. Although she was told the presi- tive career and wish her well as she returns to congressional district. Joyce is an amazing dent might use the information in his her native West Virginia. mother who believes higher education is a ne- speech, she was also told many other parents f cessity for her children. In order to pay for the were interviewed. She put it out of her mind. enormous expense of her daughter Tieaesha's Surely someone else would be chosen, she MANDATORY GUN SHOW college education, she worked 3 jobs and thought. BACKGROUND CHECK ACT commuted 200 miles a day, despite the chron- ‘‘Exciting things like that never happen to me,’’ she said. ‘‘I’m a quiet person who’s usu- ic pain of five ruptured disks in her back from SPEECH OF ally in the background. I didn’t tell my a previous work related injury. Due to her daughter because I didn’t want her to be dis- HON. CAROLYN B. MALONEY mother's tremendous sacrifices, Tieaesha is appointed when he didn’t mention me.’’ OF NEW YORK the first in her family to receive a college edu- Joyce Gaines is a single mother of four IN THE HOUSE OF REPRESENTATIVES cation, with a degree in sociology from Gram- who endured much to send Tieaesha to bling State University. Congratulations to Grambling. Tieaesha is the first in her fam- Thursday, June 17, 1999 ily to get a college education. Joyce and Tieaesha Gaines for all your ac- Twenty years ago, Joyce Gaines injured The House in Committee of the Whole complishments. House on the State of the Union had under her neck and back while pulling cable lines I have the highest respect for this single for PG&E. Despite permanent spinal prob- consideration the bill (H.R. 2122) to require lems, she gave up part of her disability bene- background checks at gun shows, and for mother of four, who put the needs of her fits so she could work around the clock and other purposes: daughter and her education ahead of her own. She is a role model for her children and for pay Tieaesha’s college expenses. Mrs. MALONEY of New York. Mr. Chair- One of Joyce’s three jobs required driving man, guns are out of control. young people everywhere. It is unfortunate, 200 miles a day to the outskirts of Sac- Tonight, this House should not turn a deaf however, that she had to make such tremen- ramento and back. She worked the grave- ear to the families and victims of Littleton, Col- dous sacrifices just to pay the price of her yard shift at a residence facility for Alz- orado. child's education. We must do more to make heimer’s patients. Another job included This Congress should strengthen the bipar- higher education accessible and affordable to cleaning up after exotic birds. ‘‘There were a lot of nights I sat up spray- tisan Brady Bill by passing the McCarthy all who choose it. I am not the only one to praise this amazing ing anesthetic spray on my neck to numb amendment to expand background checks to the pain. I took anti-inflammatory medica- gun shows. woman. President Clinton paid tribute to Joyce tion and pain pills. I gave up buying clothes Five and a half years ago, this body de- Gaines in his commencement speech at for myself to send her money.’’ she recalled. bated the Brady Bill. Grambling State University in Louisiana. I am When Joyce and Tieaesha talk about it, The gun lobby and its supporters in this submitting the following article which appeared they inevitably end up crying. body said it wouldn't work. It wouldn't work, in the Vallejo Times-Herald so all of my col- ‘‘I knew I’d been through a lot and my mother had been through a lot’’, Tieaesha they said, because criminals didn't buy their leagues can read this inspiring story. said. ‘‘When you graduate, you get cards and guns in stores. [From the Vallejo Times-Herald, June 3, the dinner and everybody says you did a Well, they were wrong. 1999] great job. But nobody really recognizes the Since that time, over 400,000 illegal gun PRESIDENTIAL PRAISE nights you stayed up all night typing papers sales were prevented. or the nights you couldn’t eat because you (By Mary M. Leahy) Thanks to the Brady Bill, 400,000 fewer were waiting on the Western Union to come guns are on our streets and in the hands of For five years, Tieaesha Gaines of Vallejo through. criminals. prayed daily that she and her mother would ‘‘Grambling barely has a post office,’’ be recognized at her college graduation for Thankfully, we will never know how many Tieaesha said. ‘‘So if you miss getting the the sacrifices they’d made. mail Friday, you miss eating on the week- lives would have been lost if those guns had Gaines had no idea God would use the lead- end. You go through so much being away been sold. We will never know how many chil- er of the Free World to answer her. from your family, hoping everybody’s think- dren would have died if this Congress have At her graduation from Grambling State ing about you as much as you’re thinking failed to take action and pass the Brady Bill. University in Louisiana last week, President about them.’’ CONGRESSIONAL RECORD — Extensions of Remarks E1341 For Joyce Gaines, just seeing Clinton was In February of this year, authorities seized from 30 attorneys to 103, an increase of ‘‘a dream come true,’’ let alone becoming the 22 pounds of marijuana and 3 pounds of 243%. That office is now the 13th largest recipient of his praise. methamphetamine, and five weapons from a among the 94 districts; yet with the current ‘‘It was like a mirage having the President there. I was so excited just to be in his pres- suspected drug dealer in Arizona. Further- complement of 8 judges, the Arizona District ence. He’s such a fantastic President, the more, Border Patrol Agents assigned to the Court ranks 29th. best the United States has ever had. He’s Tucson Border Sector of the U.S./Mexico bor- There has been a substantial population done so much for the country,’’ Joyce said. der have found in recent months several intri- shift to the West and the Southwest in the last If Clinton’s speech wasn’t divinely in- cate systems of tunnels used to smuggle ille- several decades. For example, the City of spired, Tieaesha doesn’t know what is. gal drugs into Arizona. Phoenix is now the sixth largest city in the ‘‘Sometimes you pray and pray and won- The Federal Bureau of Investigation (FBI) country, having grown from 106,818 in 1950 to der, ‘Is this a sign or is that a sign?’ ’’ has identified 28 drug trafficking groups be- 1,205,285 in 1997. Tieaesha said. ‘‘But that was a clear, Tieaesha Gaines, lieved to be major drug trafficking organiza- The District of Arizona criminal felony filings here you go. Do what you were put here, tions within Arizona. Large quantities of drug have increased by 10 percent since 1993. what you were destined to do,’’ said money, over $2 million in 1998, have been Currently, Arizona is ranked third in the nation Tieaesha, who plans to one day open the seized by the Phoenix Police Department for criminal felony filings. These filings range home for abused children she’s dreamed of Commercial Interdiction Unit. from possession of drugs with the intent to sell since age 11. Arizona law enforcement reports that pow- to violent criminal acts such as assault with a ‘‘You can be something, no matter where der and crack cocaine are readily available in deadly weapon, and murder. you come from,’’ she said. the region's metropolitan areas. Arizona is a Along with the increase of criminal felony fil- f primary drug shipment corridor for movement ings District of Arizona judges are burdened of drugs from Mexico to the many areas of the with a sharp increase in the number of cases. CONSEQUENCES FOR JUVENILE United States. The more sophisticated, mod- Each judge currently assigned to the District of OFFENDERS ACT OF 1999 ern highway system of metropolitan Phoenix Arizona has a caseload of roughly 834 cases, SPEECH OF and the convenience of Phoenix's Sky Harbor the fourth highest among the nation's 94 dis- International Airport make Phoenix an ideal tricts. HON. JOHN B. SHADEGG drug transport city to other major cities around Arizona is a state which is growing signifi- OF ARIZONA the country. cantly and it does not have the judicial system IN THE HOUSE OF REPRESENTATIVES In an effort to battle the ever-increasing to keep up with its growth. Without a strong ju- Wednesday, June 16, 1999 presence of drugs in our community, Arizona dicial system we will continue to have the un- has been designated as a High Intensity Drug balance that our judges are currently experi- The House in Committee of the Whole Trafficking Area, or ``HIDTA''. This designation encing today. House on the State of the Union had under has provided law enforcement the ability to For these reasons, I believe the three addi- consideration the bill (H.R. 1501) to provide commit resources to respond to the drug traf- tional judgeships for the District of Arizona grants to ensure increased accountability for ficking problems in Arizona. Law enforcement created by Mr. GOSS's amendment to H.R. juvenile offenders: agencies including the Phoenix and Tucson 1501 are desperately needed to effectively ad- Mr. SHADEGG. Mr. Chairman, first, I want Police Departments, the Maricopa and Pinal dress the abundant caseload, and more im- to thank my colleagues from Florida, Mr. GOSS County Sheriff's Departments, and the Arizona portantly the high number of criminal felony fil- and Mr. MCCOLLUM for bringing this important Department of Public Safety work in conjunc- ings in Arizona. issue before the House today. I strongly sup- tion with the FBI, the Drug Enforcement Ad- f port the amendment to H.R. 1501, Con- ministration (DEA), and the U.S. Customs sequences for Juvenile Offenders Act, to in- Service to coordinate interdiction efforts. PERSONAL STATEMENT TO JAC- crease the number of District Court judges for These efforts have resulted in a 429% in- QUELYN ISABEL SPINELLO AN- Arizona, Florida, and Nevada. crease in methamphetamine arrests and a DREWS AND JOSEPHINE CARO- The need for additional judgeships for the 52% increase in cocaine arrests in the last LYN ANDREWS U.S. District Court of Arizona can be best decade. Since 1992 alone, arrests for posses- demonstrated by a letter sent from District of sion of dangerous drugs have doubled while HON. ROBERT E. ANDREWS Arizona Chief Justice Robert C. Broomfield to arrests for the sale or manufacture of meth- OF NEW JERSEY the Honorable Proctor Hug, Jr., Chief Justice amphetamine have increased 251%. IN THE HOUSE OF REPRESENTATIVES of the U.S. Court of Appeals for the Ninth Cir- As evidenced by these figures, attempts to Friday, June 18, 1999 cuit. In this letter, Chief Justice Broomfield crack down on organized drug trafficking mentions that in the same week as the letter groups have been successful. Unfortunately, Mr. ANDREWS. Mr. Speaker, there are was dictated, one of the eight senior judges the increased attention on law enforcement times in our public careers when the obliga- died and two more were hospitalized, leaving has not been accompanied with an increased tions of office require us to forego the imme- the District of Arizona courts literally paralyzed focus on our federal court system and the diate interests and needs of those whom we under an unmanageable caseload with only judges needed to prosecute and convict these love most. Because it is my duty to attend to five justices able to hear cases. drug offenders. our business here in the Capitol, I am unable This issue is of particular interest to citizens Arizona's justice system has continued to to attend a special Father's Day celebration of Arizona due to the dramatic increase in grow through the years while the number of with my oldest daughter, Jacquelyn Isabel drug-related crimes in our state and the tre- judgeship appointments have remained the Spinello Andrews, at her kindergarten class mendous burden currently facing the sitting same. The last time the District of Arizona was (Mrs. Esler's class) at the Atlantic Avenue judges of the U.S. District Court for Arizona. granted additional permanent judgeships was School in Haddon Heights, New Jersey. Six Over the last several months, Arizona has 1978Ðtwenty-one years ago! Chief Justice year olds do not readily understand the ab- been plagued with a series of massive drug Broomfield has cited several factors to justify sence of their fathers at important events. seizures totaling hundreds of pounds of mari- the need for an increase in permanent judge- The pain of separation is further com- juana, methamphetamine, and cocaine, and ships, including: pounded by the fact that a voting session last millions of dollars in drug money. The large increase in criminal cases filed is week required me to miss an end of the year Most recently, on May 13th, federal and permanent in nature. There has been an in- celebration for my youngest daughter, Jose- state law enforcement officials in Phoenix con- crease of 764 permanent federal law enforce- phine Carolyn Andrews, age 4, at the Beech- fiscated $3 million worth of drugs and seized ment officers in Arizona, leading to a signifi- wood School's pre-kindergarten class (Mrs. 9 kilograms of cocaine, 11.25 kilograms of cant increase in caseloads and filings. Rutkowski and Mrs. Provens). I hope that my methamphetamine, 636 grams of heroin and Since 1994 Arizona has added an additional children will understand that the exercise of 36 kilograms of marijuana, along with illegal 600 new border patrol agents which also have duty does not negate the intense love I feel for firearms and stolen vehicles. All those ar- made a significant increase in caseloads and them and pride my wife Camille and I draw rested were indicted in federal district court on filings. from their lives and progress. charges that include distribution of controlled The U.S. Attorney's Office in Arizona (which In the instance of Jacquelyn's Father's Day substances, possession of controlled sub- contributes a major portion of the District celebration, duty took on a special meaning, stances with the intent to distribute, posses- Court caseload) continues to expand. Since because we were debating proposals to pro- sion of firearms, and money laundering. 1978 the U.S. Attorney's Office has grown tect her and all children from school violence E1342 CONGRESSIONAL RECORD — Extensions of Remarks June 18, 1999 like the nightmare parents around this country the Cape Girardeau Historical Society and the PARENTING IS KEY have felt too often in the last few years. My Jackson Chamber of Commerce, and he at- absence was necessary for me to support a tends Circuit meetings and other events in his HON. SPENCER BACHUS cause in which I believe. But my absence community. OF ALABAMA should not confuse the fact that my beautiful When asked about his secret for longevity, IN THE HOUSE OF REPRESENTATIVES childrenÐGod's greatest gift to me everÐare Pastor Keisker gives the following pieces of Friday, June 18, 1999 more important than any cause. I hope, Mr. advice: ``I think the Lord intended for us to Speaker, that my children and the children of enjoy life, so keep yourself occupied; Don't go Mr. BACHUS. Mr. Speaker, recently the Bir- all who serve in public life will understand that out with the owls at night. They don't keep the mingham News published an article by three our motivation is to provide our children and right kind of company anyway; always be faculty members from the University of Ala- all children with a loving and supportive com- grateful for what you have; Be yourself and bama at Birmingham. This article, written by munity free of violence. Although no gift can don't try to imitate someone you think is doing Bill Crunk, associate professor of counseling, replace our presence with those we love, I a good job. Try to do the job yourself, but and by Solange Ribeiro and Julie Russell, who hope that our legislative efforts produce the please don't mimic. are both counselors at UAB's Office of Profes- gifts of a community worthy of the sweetness These are sage words of advice from a cen- sional Services, is insightful and worthy of at- and innocence of our children. tenarian who has lived a life devoted to God, tention. That's why I want to share it now with I thank my family for understanding that I family, and community, who has seen and re- my colleagues in Congress and place it in the must perform these duties and I reaffirm my flected on a century of change in our nation RECORD. Their research confirms that par- love for Jacquelyn and Josie and their mother, and the world, and who has selflessly given of enting is the key to raising good children. Ad- in gratitude for the sacrifices they make. himself to all he has known. I would like to ex- ditionally, they have found four common com- f tend a heart-felt thank you to Pastor Keisker ponents necessary to raise a child in today's for all that he has done and continues to do often violent environment: Spirituality, Ability, A TRIBUTE TO PASTOR WALTER J. for our communities. He is truly an inspiration Fairness and Encouragement. KEISKER, OF CAPE GIRARDEAU to us all. There have been several high profile trage- COUNTY, MISSOURI, IN CELEBRA- dies involving children recently, and we read TION OF A CENTURY OF BLESS- f so many of the headlines in today's news- INGS papers and ask, ``Why?'' Many are quick to fix PERSONAL EXPLANATION the blame for these tragedies on guns or on HON. JO ANN EMERSON the media. The hard truth is that parenting is OF MISSOURI HON. PETER A. DeFAZIO the core of a child's moral and social develop- ment. That is the point of the article written by IN THE HOUSE OF REPRESENTATIVES OF OREGON Friday, June 18, 1999 these three members of UAB's faculty and it IN THE HOUSE OF REPRESENTATIVES is one we should remember, again and again. Mrs. EMERSON. Mr. Speaker, on July 9, Friday, June 18, 1999 I thank Professor Crunk and Counselors 1999, Reverend Walter J. Keisker will cele- Ribeiro and Russell for their work and for their brate his 100th birthday. As an active member Mr. DEFAZIO. Mr. Speaker, I requested a leave of absence for June 22 and 23, 1999. perceptive article, which I now place in the of his community, Reverend Keisker is as well RECORD in its entirety. known in Cape Girardeau County, Missouri as As ranking member on the House Coast [From The Birmingham News, May 2, 1999] many of the founding fathers of the towns of Guard Subcommittee, I have been invited to AFTER THE MOURNING—ARE WE REALLY COM- Jackson and Cape Girardeau. participate in a global shipping conference in MITTED TO WHAT IT TAKES TO IMPROVE PAR- Pastor Keisker started his life in 1899 on a the Netherlands to discuss shipping safety issues. ENTING SKILLS FOR RAISING BETTER CHIL- farm four miles outside of Hillsboro, Missouri DREN? where his father ran a small creamery and, f (By Bill Crunk, Solange Ribeiro and Julie later, raised dairy herd and hogs. To this day, Russell) the Reverend remembers the words to ``A Sur- PERSONAL EXPLANATION Far too frequently, headlines give accounts rey With the Fringe on Top'' because his fam- of children in trouble. Potentially delin- ily actually traveled in one. quent behavior appears at earlier and earlier The Reverend attended high school and HON. HOWARD P. (BUCK) McKEON ages. Judges demand that parents get their junior college at St. Paul College in St. Louis, OF CALIFORNIA children off the streets at night but fail to graduating in 1919. He then continued his IN THE HOUSE OF REPRESENTATIVES point out how to do it. Nationwide research education at Concordia Lutheran Seminary in juvenile delinquency brings forth volumes Friday, June 18, 1999 of papers but few indications for possible so- from which he graduated in 1923. He lead his lutions. first parish at Trinity Church in Flat River, now Mr. MCKEON. Mr. Speaker, on rollcall No. There is something deeper that is wrong. Park Hills, Missouri where he devoted 15 221, I was present, but was not recorded as Underneath it all is the fact that we don’t years of service. In the fall of 1938 Pastor voting. I should have been recorded as voting know what to do with our children, because Keisker took on a new parish at the St. Paul ``yea.'' the traditional methods of child-raising no Lutheran Church in Jackson, Missouri. He longer work and we have not learned new gave his parish his full attention for the next f methods which can take their place.—Rudolf 30 years. As Pastor Keisker eased into retire- Dreikurs, noted psychiatrist and author of PERSONAL EXPLANATION Children: The Challenge, in 1964. ment, he continued serving St. Paul Lutheran Parents today are faced with the challenge Church as a pastoral assistant from 1968 until of raising a capable child in a violent soci- 1984. The Reverend continued to be actively HON. DENNIS MOORE ety. With the tragic events in Colorado, the involved in the church until 1993 when he OF KANSAS news media, educators, religious groups and moved to the Lutheran Home in Cape IN THE HOUSE OF REPRESENTATIVES other social institutions are all looking to Girardeau. find answers to the perplexing question, Friday, June 18, 1999 Reverend Keisker and the former Mae ‘‘How did this happen?’’ Blame is being placed on the media, guns Fikuart of Farmington, Missouri, married and Mr. MOORE. Mr. Speaker, on June 14, and schools, however, the fact remains that had two daughters, Ruth Illers of Jackson, 1999, due to a line of powerful, late afternoon parenting is at the core of a child’s moral Missouri, and Virginia Goodwin of Cape thunderstorms that knocked out power to al- and social development. Girardeau, Missouri. The Reverend and Mrs. most 40,000 homes in northern Virginia and Research has shown that a child’s behavior Keisker had seven grandchildren and as of caused the closure of Reagan National Airport is a reflection of the home. Unfortunately, this spring, Pastor Keisker has ten great runways, the airplane on which I was traveling all too many families create an atmosphere grandchildren. Mrs. Keisker passed away in was diverted to Richmond, Virginia, for refuel- in which a child has a strong belief of enti- tlement and a weak sense of responsibility. 1992. ing. As a result, my arrival in Washington, Our research in the Birmingham commu- Because he believes that a pastor should D.C., was delayed by over two hours and I nity found that parents overwhelmingly feel be active in their communities as well as over missed rollcall vote #204 on the Bond Price a lack of communication between parents his congregation, Pastor Keisker remains ac- Competition Act. Had I been present, I would and children contribute to violence. We tive today. He continues to be a member of have voted ``aye.'' found that parents feel that an inability to CONGRESSIONAL RECORD — Extensions of Remarks E1343 set limits, failure to teach empathy and task then we raise a child with a ‘‘self-cen- systems say they want to do more, but do compassion, failure to connect consequences tered me behavior.’’ they? to behavior, and a lack of moral education Children also need to know that they have How many school counselors are allowed to were all indicators of poor parenting. the ability to make decisions, and that along offer parenting classes at school or in the Interestingly, parents realize that expo- with these decisions come responsibilities. If community as part of their duties? Shouldn’t sure to media violence desensitizes other parents fail to teach their children what parents whose child is in trouble with family children to violence but felt that their chil- freedom really means (choice, responsibility court or at school be required to take par- dren could distinguish make-believe from and consequence), then we foster children enting classes to pay back to the community real violence. Parents felt that they could who take no responsibility for their actions for having to take over the parents’ respon- help prevent exposure to violence but on the and tend to blame others for their cir- sibilities? other hand were overwhelmed with raising cumstances. If we care about the child’s welfare, why Fairness in the home creates a respect for children in today’s society. All agreed that are divorcing parents not made to go to better parenting skills were needed, yet only order and cooperation. If children fail to classes to understand the impact of such a half of the parents felt they should spend learn fairness they develop a license to be- decision on the child and how to develop par- more time with their children. have without respect for others. On the other hand, our experiences in Our fourth component of effective par- enting skills to offset some of the trauma? working with parents indicates that parents enting, encouragement, teaches parents how How many churches require parents to par- have given their parenting responsibilities to to better communicate to their children that ticipate in parenting courses? If we are all so schools, day cares, government programs and they have worth and ability to master life’s concerned, how could parents refuse? Print others. Unbridled TV watching and computer challenges. Parents tend to lack skills in and TV media have made millions off the use have put distance between the parent communication with their children. From tragedy in Colorado. Have you read or seen and his/her child. Parents are confused and our experience we know parents agree that any sponsorship of efforts to improve par- worried, particularly when children seem to communication with their children. From enting by the media? defy rules and mistake license to do what- our experience we know parents agree that And we ask the question, why? Will we be ever they please for freedom. They have a communication is extremely important in asking these questions 30 years from now? sense of losing control of their children. raising capable children. Hopefully these violent situations don’t have Dreikurs talked about this in 1964. More Unfortunately, most communication is dis- to continue, but our responsibilities as par- than 30 years have passed and we are still couraging and directed at correcting or ents do. We have a responsibility to our chil- dealing with the same issues. Why? pointing out, a child’s inability to meet ex- dren to be good parents, and blaming the Parenting takes time, effort and an under- pectations. Without encouragement, chil- media, guns and schools won’t accomplish standing of children. Four components nec- dren become discouraged and find life tasks what only we as parents can. essary in raising a capable child in today’s hopeless. Dreikurs said it back in 1964: ‘‘Far too fre- environment are spirituality, ability, fair- f ness and encouragement. These are the foun- quently, headlines give accounts of children dation of our SAFE parenting program. in trouble.’’ Are we, as a community, even PERSONAL EXPLANATION SENSE OF EMPATHY interested in making an effort to reach par- Spirituality, the most important task, is ents? How many corporations are serious where a child learns values, empathy, pur- about their employees’ families and the com- HON. ANTHONY D. WEINER munity that they support? pose and morality. One consistent finding is OF NEW YORK that children who commit acts of violence PARENTING CLASSES IN THE HOUSE OF REPRESENTATIVES lack a sense of empathy, respect and compas- Aon, a Chicago-based consulting firm, sion for others. found that the most loyal employees worked Friday, June 18, 1999 The parent’s task is to create a home envi- for employers that encouraged a balance be- ronment that fosters belonging and a con- tween family and job demands. How many Mr. WEINER. Mr. Speaker, on rollcall No. nection to the community through our sense places of business offer parenting classes 220, had I been present, I would have voted of spirituality. If we avoid this parenting during the workday? Government and school ``no.' Friday, June 18, 1999 Daily Digest

HIGHLIGHTS Senate passed Emergency Steel Loan Guarantee and Emergency Oil and Gas Guaranteed Loan Program Act. Senate Chamber Action Pending: Sarbanes Amendment No. 689, to revise the dead- Routine Proceedings, pages S7247–S7285 lines with respect to the retention of records of dis- Measures Introduced: Three bills and two resolu- ciplinary actions and the filing of grievances within tions were introduced, as follows: S. 1242–1244, S. the Foreign Service. Pages S7255±57 Res. 125, and S. Con. Res. 41. Page S7266 A unanimous-consent agreement was reached pro- viding for certain amendments to be proposed to the Measures Passed: bill. Page S7260 Emergency Steel Loan Guarantee and Emer- Steel Import Limitation: Senate began consider- gency Oil and Gas Guaranteed Loan Program Act: ation of a motion to proceed to the consideration of By 63 yeas to 34 nays (Vote No. 176), Senate passed H.R. 975, to provide for a reduction in the volume H.R. 1664, providing emergency authority for guar- of steel imports, and to establish a steel import noti- antees of loans to qualified steel and iron ore compa- fication and monitoring program. Page S7260 nies and to qualified oil and gas companies, as A motion was entered to close further debate on amended. Pages S7247±50 the motion to proceed to the consideration of the Law Enforcement Torch Run: Senate agreed to bill and, in accordance with the provisions of Rule H. Con. Res. 105, authorizing the Law Enforcement XXII of the Standing Rules of the Senate, a vote on Torch Run for the 1999 Special Olympics World the cloture motion will occur at 12:15 p.m., on Games to be run through the Capitol Grounds. Tuesday, June 22, 1999. Page S7260 Page S7281 Subsequently, the motion to proceed was with- drawn. Page S7260 National Father’s Return Day: Senate agreed to Agricultural Appropriations—Agreement: A S. Res. 125, encouraging and promoting greater in- unanimous-consent agreement was reached providing volvement of fathers in their children’s lives and des- for the consideration of S. 1233, making appropria- ignating June 20, 1999, as ‘‘National Father’s Re- tions for Agriculture, Rural Development, Food and turn Day’’. Page S7281 Drug Administration, and Related Agencies pro- State Department Authorization: Senate began grams for the fiscal year ending September 30, 2000, consideration of S. 886, to authorize appropriations on Monday, June 21, 1999. Page S7282 for the Department of State for fiscal years 2000 and Communications: Pages S7264±66 2001; to provide for enhanced security at United States diplomatic facilities; to provide for certain Statements on Introduced Bills: Pages S7266±69 arms control, nonproliferation, and other national se- Additional Cosponsors: Pages S7269±70 curity measures; to provide for the reform of the United Nations, taking action on the following Amendments Submitted: Pages S7271±75 amendments proposed thereto: Pages S7250±62 Additional Statements: Pages S7275±78 D688 June 18, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D689 Record Votes: One record vote was taken today. marks of the Acting Majority Leader in today’s (Total—176) Pages S7248±49 Record on page S7282.) Adjournment: Senate convened at 9:30 a.m., and adjourned at 12:54 p.m., until 12 noon on Monday, Committee Meetings June 21, 1999. (For Senate’s program, see the re- No committee meetings were held. h House of Representatives party (agreed to by a recorded vote of 311 ayes to Chamber Action 115 noes, Roll No. 236); Pages H4619±24, H4628±29 Bills Introduced: 13 public bills, H.R. 2277–2289; The Cunningham amendment that exempts quali- and 1 resolution, H. Con. Res. 137, were intro- fied law enforcement officers and retired officers duced. Pages H4664±65 from State laws prohibiting the carrying of concealed Reports Filed: Reports were filed today as follows: firearms (agreed to by a recorded vote of 372 ayes H.R. 1659, to reinforce police training and rees- to 53 noes, Roll No. 237); Pages H4624±29 The McCollum amendment, offered on the legisla- tablish police and community relations, and to create tive day of June 17, that prohibits juveniles under a commission to study and report on the policies and the age of 18 from possessing semi-automatic assault practices that govern the training, recruitment, and weapons and large capacity ammunition magazines oversight of police officers, amended (H. Rept. (agreed to by a recorded vote of 354 ayes to 69 noes, 106–190); Roll No. 238); Pages H4629±31 H.J. Res. 33, proposing an amendment to the The Sessions amendment that requires a back- Constitution of the United States authorizing the ground check for guns pawned for more than one Congress to prohibit the physical desecration of the year before the gun is returned to its owner (agreed flag of the United States (H. Rept. 106–191); and to by a recorded vote of 247 ayes to 181 noes, Roll H.R. 1658, to provide a more just and uniform No. 239); Pages H4631±32, H4640±41 procedure for Federal civil forfeitures, amended (H. The Hunter amendment that allows law-abiding Rept. 106–192). Page H4664 residents of the District of Columbia to keep a hand- Mandatory Gun Show Background Check: The gun in the home (agreed to by a recorded vote of House failed to pass H.R. 2122, to require back- 213 ayes to 208 noes with 3 voting ‘‘present’’, Roll ground checks at gun shows, by a recorded vote of No. 241); and Pages H4635±37, H4641±42 147 ayes to 280 noes, Roll No. 244. Pages H4619±57 The Rogan amendment that prohibits persons Agreed to: who commit an act of violent juvenile delinquency The Dingell amendment, offered and agreed to on from possessing firearms as adults (agreed to by a re- the legislative day of June 17, that specifies 24 hour corded vote of 395 ayes to 27 noes, Roll No. 242). Pages H4637±40, H4642±43 consecutive hours for instant background check Rejected: elapsed time period purposes; allows dealers to trans- The McCarthy of New York amendment, offered fer inventories in person; and increases the penalties and rejected on the legislative day of June 17, that for using a large capacity ammunition magazine dur- sought to regulate firearms transfers at gun shows ing crimes of violence or drug trafficking (agreed to and require criminal background checks to prevent by a recorded vote of 218 ayes to 211 noes, Roll No. the sale of guns to minors and felons (rejected by a 234); recorded vote of 193 ayes to 235 noes, Roll No. The Hyde amendment, offered and agreed to on 235); the legislative day of June 17, that bans the import The Goode amendment that sought to repeal the of large capacity ammunition magazines or clips that law that prohibits Washington, D.C. residents from hold more than 10 rounds of ammunition; owning firearms (rejected by a recorded vote of 175 The Davis of Virginia amendment that mandates ayes to 250 noes, with 2 voting ‘‘present’’, Roll No. the transfer of secure gun storage or safety devices 240); and Pages H4632±35, H4641 with the transfer of any handgun and establishes li- The Conyers amendment in the nature of a sub- ability criteria for damages resulting from the crimi- stitute, as modified, that sought to extend Brady nal or unlawful misuse of the hand gun by a third background checks to gun shows, regulate firearms D690 CONGRESSIONAL RECORD — DAILY DIGEST June 18, 1999 transfers at gun shows, prohibit firearms possession CONGRESSIONAL PROGRAM AHEAD by violent juvenile offenders, and specify penalties for weapons transfers to juveniles and unlawful acts Week of June 21 through June 26, 1999 by juveniles (rejected by a recorded vote of 184 ayes Senate Chamber to 242 noes, Roll No. 243). Pages H4643±54 On Monday, Senate will begin consideration of S. Rejected the Obey motion to rise and report the 1233, Agricultural Appropriations, and expects to bill back with a recommendation to strike the enact- resume consideration of S. 886, State Department ing clause. Page H4643 Authorization. H. Res. 209, the rule that provided for consider- On Tuesday, Senate will resume consideration of ation of both H.R. 1501 and H.R. 2122 was agreed the motion to proceed to the consideration of H.R. to on June 16. 975, Steel Import Limitation, with a vote on the motion to close further debate on the motion to pro- Juvenile Justice Reform Act of 1999: Agreed that ceed to occur at 12:15 p.m. in the engrossment of H.R. 1501, as passed the During the balance of the week, Senate will con- House on June 17, the Clerk be authorized to make sider appropriation bills, when available, and any changes in the placement of the table of contents; other cleared legislative and executive business. combine duplicative sections; and correct section (On Tuesday, Senate will recess from 12:30 p.m. until numbers, punctuation, and cross references and make 2:15 p.m., for their respective party conferences.) such other technical and conforming changes as may Senate Committees be necessary to reflect the actions of the House. Fur- ther agreed to amend the title pursuant to the (Committee meetings are open unless otherwise indicated) Committee on Agriculture, Nutrition, and Forestry: June 24, amendment numbered 36 printed in H. Rept. to hold hearings on agricultural trade issues, focusing on 106–186 offered by Mr. Goodling and agreed to on agricultures role in the World Trade Organization nego- June 17. Page H4657 tiations with China, and the European Union regulation of genetically modified agriculture products, 9:30 a.m., Legislative Program: The Majority Leader an- SR 328A. nounced the Legislative Program for the week of Committee on Appropriations: June 22, Subcommittee on June 21. Pages H4657±58 Labor, Health and Human Services, and Education, to hold hearings on issues relating to juvenile diabetes, 9 Meeting Hour—Tuesday, June 22: Agreed that a.m., SH–216. when the House adjourns today, it adjourn to meet June 22, Full Committee, with the Special Committee at 12:30 p.m. on Tuesday, June 22 for morning- on the Year 2000 Technology Problem, to hold joint hour debates. Page H4658 hearings on federal agency Y2K spending issues, 9:30 a.m., SD–192. Calendar Wednesday: Agreed to dispense with the June 22, Subcommittee on Treasury and General Gov- Calendar Wednesday business on Wednesday, June ernment, business meeting to mark up proposed legisla- 23. Page H4658 tion making appropriations for the Treasury Department, the United States Postal Service, the Executive Office of Senate Messages: Message received from the Senate the President, and certain Independent Agencies, for the appears on page H4619. fiscal year ending September 30, 2000, 10 a.m., SD–116. Committee on Armed Services: June 22, with the Select Referrals: S. Con. Res. 40 was referred to the Com- Committee on Intelligence, and with the Committee on mittees on International Relations and Armed Serv- Energy and Natural Resources, and with the Committee ices. Pages H4663±64 on Governmental Affairs, to hold joint hearings on the President’s Foreign Intelligence Advisory Board’s report Quorum Calls—Votes: Nine recorded votes devel- to the President: Science at its Best; Security at its oped during the proceedings of the House today and Worst: A Report on Security Problems at the U.S. De- appear on pages H4628–29, H4629, H4630–31, partment of Energy, 9:30 a.m., SD–106. Committee on Banking, Housing, and Urban Affairs: June H4640, H4641, H4641–42, H4642–43, H4653–54, 22, to hold hearings on the nomination of Lawrence H. and H4656–57. There were no quorum calls. Summers, of Maryland, to be Secretary of the Treasury, Adjournment: The House met at 9:00 a.m. and ad- 10 a.m., SD–608. June 23, Full Committee, to resume hearings on pro- journed at 3:07 p.m. posed legislation authorizing funds for programs of the Export Administration Act, 10 a.m., SD–538. Committee on Commerce, Science, and Transportation: June Committee Meetings 23, business meeting to mark up pending calendar busi- No committee meetings were held. ness, 9:30 a.m., SR–253. June 18, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D691

June 24, Subcommittee on Aviation, to hold hearings Committee on Foreign Relations: June 22, Subcommittee the on Federal Aviation Administration’s research and de- on Western Hemisphere, Peace Corps, Narcotics and Ter- velopment programs, 2:15 p.m., SR–253. rorism, to hold hearings to examine confronting threats Committee on Energy and Natural Resources: June 22, with to security in the Americas; to be followed by a full com- the Select Committee on Intelligence, and with the Com- mittee hearing on the nomination of Gwen C. Clare, of mittee on Armed Services, and with the Committee on South Carolina, to be Ambassador to the Republic of Ec- Governmental Affairs, to hold joint hearings on the Presi- uador, 10 a.m., SD–562. dent’s Foreign Intelligence Advisory Board’s report to the June 22, Full Committee, to resume hearings on the President: Science at its Best; Security at its Worst: A nomination of Richard Holbrooke, of New York, to be Report on Security Problems at the U.S. Department of the Representative of the United States of America to the Energy, 9:30 a.m., SD–106. United Nations with the rank and status of Ambassador, June 22, Full Committee, to hold hearings to explore and the Representative of the United States of America the effectiveness of existing federal and industry efforts to in the Security Council of the United Nations, 2:30 p.m., promote distributed generating technologies, including SH–216. solar, wind, fuel cells and microturbines, as well as regu- June 23, Subcommittee on Near Eastern and South latory and other barriers to their widespread use, 2:30 Asian Affairs, to resume hearings to examine the United p.m., SD–366. States policy towards Iraq, 10 a.m., SD–562. June 23, Full Committee, business meeting to consider June 23, Full Committee, to hold hearings on the pending calendar business, 9:30 a.m., SD–366. nomination of David B. Sandalow, of the District of Co- June 23, Subcommittee on Forests and Public Land lumbia, to be Assistant Secretary of State for Oceans and Management, to hold hearings on S. 953, to direct the International Environmental and Scientific Affairs, 4 Secretary of Agriculture to convey certain land in the p.m., SD–562. State of South Dakota to the Terry Peak Ski Area; S. 503, June 24, Full Committee, to hold hearings on the designating certain land in the San Isabel National Forest nomination of Richard C. Holbrooke, of New York, to in the State of Colorado as the ‘‘Spanish Peaks Wilder- be the Representative of the United States to the United ness’’; S. 977, to provide for the conveyance by the Bu- Nations with the rank and status of Ambassador, and the reau of Land Management to Douglas County, Oregon, of Representative in the Security Council of the United Na- a county park and certain adjacent land; S. 1088, to au- tions, 10 a.m., SH–216. thorize the Secretary of Agriculture to convey certain ad- June 24, Full Committee, to hold hearings to examine ministrative sites in national forests in the State of Ari- U.S. satellite controls and the domestic production/launch zona, to convey certain land to the City of Sedona, Ari- capability, 2:45 p.m., SD–562. zona for a wastewater treatment facility; H.R. 15, to des- Committee on Governmental Affairs: June 22, with the Se- ignate a portion of the Otay Mountain region of Cali- lect Committee on Intelligence, and with the fornia as wilderness; and S. 848, to designate a portion Committee on Armed Services, and with the Com- of the Otay Mountain region of California as wilderness, mittee on Energy and Natural Resources, to hold joint 2:15 p.m., SD–366. hearings on the President’s Foreign Intelligence Advisory June 24, Full Committee, to hold oversight hearings to Board’s report to the President: Science at its Best; Secu- examine the implications of the proposed acquisition of rity at its Worst: A Report on Security Problems at the the Atlantic Richfield Company by BP Amoco, PLC, U.S. Department of Energy, 9:30 a.m., SD–106. 9:30 a.m., SD–366. June 23, Full Committee, to hold hearings on inter- Committee on Environment and Public Works: June 23, agency Inspectors General report on the export control business meeting to mark up S. 1090, to reauthorize and process for dual-use and munitions list commodities, 10 amend the Comprehensive Environmental Response, Li- a.m., SD–342. ability, and Compensation Act of 1980 (Superfund), 9 June 24, Subcommittee on Oversight of Government a.m., SD–406. Management, Restructuring and the District of Colum- June 23, Subcommittee on Fisheries, Wildlife, and bia, to hold hearings on H.R. 974, to establish a program Drinking Water, to hold hearings on issues relating to to afford high school graduates from the District of Co- salmon recovery, 1:30 p.m., SD–406. lumbia the benefits of in-State tuition at State colleges June 24, Subcommittee on Clean Air, Wetlands, Pri- and universities outside the District of Columbia; and S. vate Property, and Nuclear Safety, to hold hearings on 856, to provide greater options for District of Columbia NOX/State Implementation Plans, 9 a.m., SD–406. students in higher education, 10:30 a.m., SD–342. Committee on Finance: June 22, business meeting to Committee on Health, Education, Labor, and Pensions: June mark up the proposed Generalized System of Preferences 22, to resume hearings on proposed legislation author- Extension Act, the proposed Trade Adjustment Assistance izing funds for programs of the Elementary and Secondary Reauthorization Act, the proposed U.S. Caribbean Basin Education Act, focusing on professional development, Trade Enhancement Act, and the proposed Sub-Saharan 9:30 a.m., SD–628. African Growth and Opportunity Act, 10 a.m., SD–215. June 22, Subcommittee on Aging, to hold hearings to June 23, Full Committee, to hold hearings to examine examine the Older Americans and a National Family adding a prescription drug benefit to the Medicare pro- Caregiver Support Program, 2:30 p.m., SD–628. gram, 10 a.m., SD–215. June 23, Full Committee, to resume hearings on pro- June 24, Full Committee, business meeting to mark up posed legislation authorizing funds for programs of the the proposed Medicare Subvention Demonstration for Elementary and Secondary Education Act, focusing on Veterans Act, to create a three year program that will Title VI, 9:30 a.m., SD–628. allow veterans who are eligible for Medicare to receive Committee on Indian Affairs: June 23, to hold oversight their health care at a Veterans Affairs (VA) facility, 10 hearings on National Gambling Impact Study Commis- a.m., SD–215. sion report, 9:30 a.m., SR–485. D692 CONGRESSIONAL RECORD — DAILY DIGEST June 18, 1999

Select Committee on Intelligence: June 22, with the Com- the final rule to consolidate Federal milk marketing or- mittee on Armed Services, and with the Committee on ders, 10 a.m., 1300 Longworth. Energy and Natural Resources, and with the Committee Committee on Appropriations, June 22, Subcommittee on on Governmental Affairs, to hold joint hearings on the the District of Columbia, on DC Public Schools, 2 p.m., President’s Foreign Intelligence Advisory Board’s report H–144 Capitol. to the President: Science at its Best; Security at its June 23, Subcommittee on the District of Columbia, Worst: A Report on Security Problems at the U.S. De- on DC Budget, 10 a.m., H–144 Capitol. partment of Energy, 9:30 a.m., SD–106. Committee on Armed Services, June 24, hearing on the se- June 23, Full Committee, to hold closed hearings on curity problems at the U.S. Department of Energy, 1 pending intelligence matters, 3 p.m., SH–219. p.m., 2118 Rayburn. June 24, Full Committee, to hold closed hearings on Committee on Banking and Financial Services, June 22, pending intelligence matters, 2 p.m., SH–219. Subcommittee on Domestic and International Monetary Committee on the Judiciary: June 22, to resume hearings Policy, hearing on GAO Report on IMF Lending Policies, on S. 952, to expand an antitrust exemption applicable 10 a.m., 2128 Rayburn. to professional sports leagues and to require, as a condi- Committee on the Budget, June 22, Social Security Task tion of such an exemption, participation by professional Force, hearing on Social Security Disability Insurance, 12 football and major league baseball sports leagues in the p.m., 210 Cannon. financing of certain stadium construction activities, 2 Committee on Commerce, June 22, hearing on the Rud- p.m., SD–226. man Report: Science at its Best, Security at its Worst, 10 June 23, Full Committee, to hold hearings on issues a.m., 2123 Rayburn. relating to religious liberty, 10 a.m., SD–226. June 22, Subcommittee on Oversight and Investiga- June 23, Subcommittee on Immigration, to hold hear- tions, hearing on Worker Safety at DOE Nuclear Facili- ings on enforcement priorities against criminal aliens, ties, 2 p.m., 2322 Rayburn. 2:30 p.m., SD–226. June 23, Subcommittee on Health and Environment, June 24, Full Committee, business meeting to consider to continue hearings on America’s Health, 2 p.m., 2123 pending calendar business, 10 a.m., SD–226. Rayburn. United States Senate Caucus on International Narcotics Con- June 24, Subcommittee on Finance and Hazardous Ma- trol: June 21, to hold hearings to examine the black mar- terials, hearing on H.R. 1714, Electronic Signatures in ket peso exchange, focusing on how U.S. companies are Global and National Commerce Act, 10 a.m., 2123 Ray- used to launder money, 9 a.m., SH–216. burn. Committee on Veterans’ Affairs: June 23, business meet- June 24, Subcommittee on Telecommunications, Trade, ing to mark up pending calendar legislation, 2 p.m., and Consumer Protection, hearing on Deployment of SR–418. Data Services, 10 a.m., 2322 Rayburn. Special Committee on the Year 2000 Technology Problem: Committee on Education and the Workforce, June 22, Sub- June 22, with the Committee on Appropriations, to hold committee on Oversight and Investigations, hearing on joint hearings on federal agency Y2K spending issues, Review and Oversight of the Department of Education’s 9:30 a.m., SD–192. Office of Civil Rights, 2 p.m., 2175 Rayburn. House Chamber June 23, full Committee, to mark up the following Monday, The House is not in Session. bills: H.R. 987, Workforce Preservation Act; and H.R. 1381, Rewarding Performance in Compensation Act, Tuesday, Consideration of suspensions; and 10:30 a.m., 2175 Rayburn. Consideration of H.R. 659, Patriot Act (open rule, June 24, Subcommittee on Early Childhood, Youth, one hour of general debate). and Families, hearing on Examining the Bilingual Edu- Wednesday, Thursday, and Friday: Consideration of cation Act, 9:30 a.m., 2175 Rayburn. the following measures subject to rules being grant- Committee on Government Reform, June 23, Subcommittee ed: on Criminal Justice, Drug Policy, and Human Resources, H.R. 2084, Department of Transportation Appro- hearing on Getting Away With Murder, Is Mexico a Safe priations Act; Haven for Killers?: The Del Toro Case, 10 a.m., 2154 Rayburn. H.R. 1658, Civil Asset Forfeiture Reform; June 23, Subcommittee on Government Management, H.J. Res. 33, Proposing an Amendment to the Information, and Technology, hearing on H.R. 1599, Constitution of the United States Authorizing the Year 2000 Compliance Assistance Act, 10 a.m., 2203 Congress to Prohibit the Physical Desecration of the Rayburn. Flag of the United States; and June 23, Subcommittee on National Security, Veterans H.R. 1802, Foster Care Independence Act. Affairs and International Relations, oversight hearing on Any Further Program Will Be Announced Later. Combating Terrorism: Role of the National Guard Re- sponse Teams, 10 a.m., 2247 Rayburn. House Committees June 24, full Committee, hearing on Retaliation at the Committee on Agriculture, June 23, hearing on the Ad- Departments of Defense and Energy: Do Advocates of ministration’s preparation for the 1999 World Trade Or- Tighter Security for U.S. Technology Face Intimidation? ganization Ministerial, 10 a.m., 1300 Longworth. 10 a.m., 2154 Rayburn. June 24, Subcommittee on Livestock and Horticulture, Committee on House Administration, June 22, to consider hearing to review H.R. 1402, to require the Secretary of pending business, 2 p.m., 1310 Longworth. Agriculture to implement the Class I milk price structure Committee on International Relations, June 22, Sub- known as Option 1–A as part of the implementation of committee on International Operations and Human June 18, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D693

Rights and the Subcommittee on Western Hemisphere, States of Oregon, Washington, Montana, and Idaho; H.R. joint hearing on Human Rights in Cuba, 1:30 p.m., 1934, Marine Mammal Rescue Assistance Act of 1999; 2172 Rayburn. and H.R. 2181, Fisheries Survey Vessel Authorization June 23, Subcommittee on Asia and the Pacific, to Act of 1999, 2 p.m., 1334 Longworth. mark up the following bills: H.R. 1152, Silk Road Strat- June 22, Subcommittee on National Parks and Public egy Act of 1999; and H.R. 1794, concerning the partici- Lands, oversight hearing on Franchise Fee Calculation for pation of Taiwan in the World Health Organization Ft. Sumter Tours, 10 a.m., 1324 Longworth. (WHO), 2 p.m., 2255 Rayburn. June 24, Subcommittee on National Parks and Public June 23, Subcommittee on International Economic Pol- Lands, oversight hearing on Noxious Weeds and Invasive icy and Trade, hearing on Y2K, Customs Flows and Plants, 10 a.m., 1324 Longworth. Global Trade: Are We Prepared to Meet the Challenges June 24, Subcommittee on Water and Power, oversight of the New Millennium? 1:15 p.m., 2172 Rayburn. hearing on the Role of the Power Marketing Administra- Committee on the Judiciary, June 22, hearing on H.R. tion’s in a Restructured Electric Industry, 2 p.m., 1334 1304, Quality Health-Care Coalition Act of 1999, 9:30 Longworth. a.m., 2141 Rayburn. Committee on Rules, June 22, to consider the following: June 22, Subcommittee on Immigration and Claims, to H.R. 1658, Civil Asset Forfeiture Reform Act; and H.R. mark up the following bills: H.R. 456, for the relief of 2084, making appropriations for the Department of the survivors of the 14 members of the Armed Forces and Transportation and related agencies for the fiscal year the one United States civilian Federal employee who were ending September 30, 2000, 1 p.m., H–313 Capitol. killed on April 14, 1994, when United States fighter air- Committee on Science, June 22, Subcommittee on Basic craft mistakenly shot down 2 United States helicopters Research, hearing on Nanotechnology: The State of Nano- over Iraq; H.R. 1788, Nazi Benefits Termination Act of Science and Its Prospects for the Next Decade, 3 p.m., 1999; and H.R. 2184, Keeping America Safe Act of 2318 Rayburn. 1999, 1 p.m., 2237 Rayburn. June 23, Subcommittee on Space and Aeronautics, June 23, full Committee, to continue mark up of H.R. hearing on Range Modernization Part II, 1:30 p.m., 2318 1691, Religious Liberty Protection Act of 1999; and to Rayburn. mark up the following bills: H.R. 1218, Child Custody June 24, Subcommittee on Technology, hearing on Protection Act; and H.R. 2014, to prohibit a State from Federal Agencies Under Attack: Why Are Government imposing a discriminatory commuter tax on nonresidents, Websites Vulnerable? 10 a.m., 2318 Rayburn. 10 a.m., 2141 Rayburn. Committee on Small Business, June 24, Subcommittee on June 24, Subcommittee on Commercial and Adminis- Tax, Finance, and Exports, hearing on ‘‘Do Unilateral trative Law, oversight hearing on franchising: the fran- Economic Trade Sanctions Unfairly Penalize Small Busi- chise relationship, mutual rights and obligations of ness?’’ 2 p.m., 311 Cannon. franchisees and franchisors, and assessing the need for Committee on Transportation and Infrastructure, June 22, more regulation, 10 a.m., 2237 Rayburn. Subcommittee on Water Resources and Environment, June 24, Subcommittee on the Constitution, hearing hearing on Clean Water Infrastructure and Wet Weather on H.R. 2260, Pain Relief Promotion Act of 1999, 10 Flows legislation, 1 p.m., 2167 Rayburn. a.m., 2226 Rayburn. Committee on Veterans’ Affairs, June 23, to mark up June 24, Subcommittee on Courts and Intellectual pending business, 10 a.m., 334 Cannon. Property, oversight hearing on the Report of the U.S. June 24, Subcommittee on Oversight and Investiga- Copyright Office on Copyright and Digital Distance Edu- tions, hearing on the effectiveness of federal grants to cation; and Intellectual Property Security Registration, 2 community based organizations with regard to homeless p.m., 2141 Rayburn. veterans, 10 a.m., 334 Cannon. June 24, Subcommittee on Crime, oversight hearing on Committee on Ways and Means, June 22, Subcommittee the United States Secret Service, 9:30 a.m., 2141 Ray- on Oversight, hearing on the complexity of the Current burn. U.S. International Tax Regime, 1 p.m., 1100 Longworth. Committee on Resources, June 22, Subcommittee on Fish- June 23, full Committee, to continue hearings on Re- eries Conservation, Wildlife and Oceans, to mark up the ducing the Tax Burden: II, Providing Tax Relief to following bills: H.R. 1444, to authorize the Secretary of Strengthen the Family and Sustain a Strong Economy, 10 the Army to develop and implement projects for fish a.m., 1100 Longworth. screens, fish passage devices, and other similar measures Permanent Select Committee on Intelligence, June 24, brief- to mitigate adverse impacts associated with irrigation sys- ing on World Developments: A Global Update, 2 p.m., tem water diversions by local governmental entities in the H–405 Capitol. D694 CONGRESSIONAL RECORD — DAILY DIGEST June 18, 1999

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Monday, June 21 12:30 p.m., Tuesday, June 22

Senate Chamber House Chamber Program for Monday: After the recognition of certain Program for Monday: The House is not in session. Senators for speeches and the transaction of any morning business (not to extend beyond 1 p.m.), Senate will begin consideration of S. 1233, Agricultural Appropriations. Also, Senate expects to resume consideration of S. 886, State Department Authorization.

Extensions of Remarks, as inserted in this issue

HOUSE Green, Gene, Tex., E1330 Payne, Donald M., N.J., E1335 Hall, Ralph M., Tex., E1330 Pelosi, Nancy, Calif., E1333 Andrews, Robert E., N.J., E1341 Hall, Tony P., Ohio, E1336 Pombo, Richard W., Calif., E1339 Bachus, Spencer, Ala., E1342 Hill, Rick, Mont., E1339 Rodriguez, Ciro D., Tex., E1337 Barcia, James A., Mich., E1337 Holt, Rush D., N.J., E1329, E1331 Roemer, Tim, Ind., E1327 Berkley, Shelley, Nev., E1332 Hoyer, Steny H., Md., E1332 Scarborough, Joe, Fla., E1330 Bliley, Tom, Va., E1330, E1331 Johnson, Eddie Bernice, Tex., E1330 Schaffer, Bob, Colo., E1327, E1330 Camp, Dave, Mich., E1335 Kolbe, Jim, Ariz., E1333 Shadegg, John B., Ariz., E1341 Carson, Julia, Ind., E1335 McKeon, Howard P. ‘‘Buck’’, Calif., E1342 Shimkus, John, Ill., E1329, E1331 Clement, Bob, Tenn., E1336 Maloney, Carolyn B., N.Y., E1340 Shows, Ronnie, Miss., E1334 Clyburn, James E., S.C., E1336 Meeks, Gregory W., N.Y., E1329, E1331 Turner, Jim, Tex., E1330 DeFazio, Peter A., Ore., E1342 Miller, George, Calif., E1340 Vela´ zquez, Nydia M., N.Y., E1329, E1331, E1333, E1334 Doggett, Lloyd, Tex., E1330 Moore, Dennis, Kans., E1342 Weiner, Anthony D., N.Y., E1330, E1332, E1333, E1334, Edwards, Chet, Tex., E1330 Morella, Constance A., Md., E1337 E1335, E1336, E1337, E1339, E1343 Emerson, Jo Ann, Mo., E1342 Norton, Eleanor Holmes, D.C., E1338 Weldon, Curt, Pa., E1332, E1334 Farr, Sam, Calif., E1335, E1338 Ortiz, Solomon P., Tex., E1336 Gonzalez, Charles A., Tex., E1333 Pascrell, Bill, Jr., N.J., E1335

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