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

Vol. 146 , FRIDAY, DECEMBER 15, 2000 No. 155 Senate (Legislative day of Friday, September 22, 2000)

The Senate met at 12 noon, on the ex- land, led the Pledge of Allegiance, as That election of piration of the recess, and was called to follows: was one, fortunately, we avoided this order by the President pro tempore I pledge allegiance to the Flag of the time around; for Congress was in- [Mr. THURMOND]. United States of America, and to the Repub- volved, as our distinguished Chaplain lic for which it stands, one nation under God, and others know, and the vote in Con- PRAYER indivisible, with liberty and justice for all. gress was razor thin. The Chaplain, Dr. Lloyd John f Ogilvie, offered the following prayer: f RESERVATION OF LEADER TIME God of peace, fill our minds and flood SCHEDULE our hearts with Your peace. May we The PRESIDING OFFICER (Mr. L. hear Your message: ‘‘Peace on earth, CHAFEE). Under the previous order, the Mr. WARNER. Mr. President, as the good will to all people’’ above the dis- leadership time is reserved. Chair has advised, the Senate will be in cordant voices of these turbulent f a period of morning business today times. Give us Your peace that calms while awaiting the final appropriations MORNING BUSINESS our nerves, conditions our thinking, bill from the House. The Senate was and clears our vision. Your peace is the The PRESIDING OFFICER. Under expected to consider the final package serenity of heaven provided for the the previous order, there will now be a shortly after noon today. However, the loved and forgiven. It is the assurance period for the transaction of morning vote is now expected to occur some- that we will receive all that we need to business not to extend beyond the hour time later this afternoon. Senators will meet the challenges of this day. Your of 1 p.m., with Senators permitted to be updated throughout the day on the peace comes to us when we commit our speak therein for up to 10 minutes voting schedule. responsibilities to You and then work each, and with time to be equally di- Following the vote, the Senate is ex- with Your guidance and grace. vided in the usual form. pected to complete its business to wrap Help the Senators to be peacemakers f up the 106th Congress. On behalf of the as they finish the work of this 106th RECOGNITION OF THE ACTING distinguished majority leader and the Congress. Bear on their hearts and MAJORITY LEADER Democratic leader, we thank our col- minds the words of Thomas Jefferson leagues for their patience and coopera- after the contentious election of 1800: The PRESIDING OFFICER. The able tion. ‘‘The greatest good we can do our coun- acting majority leader is recognized. try is to heal its party divisions and f f make them one people.’’ So we all dedi- PRAISE FOR THE CHAPLAIN SENATOR CHARLES S. ROBB cate ourselves to be peacemakers as You continue to heal our land. You are Mr. WARNER. Mr. President, I say Mr. WARNER. Mr. President, Vir- our Lord and Saviour. Amen. with gratitude that we have such a ginia has had a long history of distin- f marvelous Chaplain, one who with guished citizens of our great Common- great skill and such strength of feeling wealth who come forward to serve Vir- PLEDGE OF ALLEGIANCE and emotion is able to deliver the mes- ginia. Among them in this long line of The Honorable , a sage of prayer and incorporate those distinguished individuals will be Senator from the State of Rhode Is- historic moments of history. CHARLES S. ROBB.

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S11807

. S11808 CONGRESSIONAL RECORD — SENATE December 15, 2000 We started our careers together when is privileged to have one of Senator ROBB. I associate myself with he served in the Marine Corps. That the greatest shipyards—we like to Senator WARNER on his best wishes to was back during the period of Vietnam. think the greatest shipyard—in Amer- Senator ROBB, acknowledging his very I was then serving—for over 5 years—as ica. We have the naval shipyard as well distinguished service in the Senate for Under Secretary and Secretary of the as private shipyards. In those yards are 12 years. I might add, his distinguished Navy. I was privileged, of course, to built some of the finest ships that sail wife, Lynda Johnson Robb, was a reg- serve with the Presiding Officer’s fa- the seven seas today on behalf of our ular at the Old Testament Bible class ther, Senator Chafee. At the time he Navy. Senator ROBB was always there conducted in my office over the past was Secretary of the Navy; I served as to work with not only me but a strong decade, presided over by a very distin- his Under Secretary. bipartisan Virginia congressional dele- guished Biblical scholar, Naomi Senator ROBB had served his tour in gation, Senate and House, on matters Rosenblatt. But CHUCK and Lynda Robb Vietnam in 1961 through 1970 and then of national defense since our State is will still be around and we will have he remained in the Marine Corps Re- privileged to be preeminent in the field the benefit of their company, although serves from 1970 to 1991. I was privi- of national defense, having a number of his Senate career, at least, is over at leged to wear the marine green during the major bases and a number of men the moment. the Korean conflict and served for a and women in uniform who are sta- f very brief period in the Marines. How- tioned there. Of course, the Pentagon LABOR, HEALTH AND HUMAN ever, I assure Members that the career is the core of this complex throughout of Senator ROBB was far more distin- SERVICES, AND EDUCATION Virginia. But there was Senator ROBB guished than the career of the senior on all occasions, and particularly as it Mr. SPECTER. Mr. President, I have Senator, myself. I am pleased to ac- related to our naval shipbuilding pro- sought recognition to comment about knowledge that. He then went on to gram. the pending appropriations bill on serve as Lieutenant Governor from 1977 I am joined on the floor today by two Labor, Health and Human Services, to 1981, and Governor from 1982 to 1986. and Education, which comes from the His two terms in the Senate began in very able members of my staff. Ann appropriations subcommittee which I 1988. He has been a Member of the Sen- Loomis is the of our legislative chair. There has been an extraor- ate Armed Services Committee, a com- staff; Susan Magill, with whom I con- dinarily rocky road for this bill this mittee which I have been privileged to sulted early this morning in preparing year. I think it is very regrettable that chair since 1993. Throughout this dis- these remarks, is my chief of staff. on December 15 we are still debating tinguished record, it has been my good They would want it known that, fortune to share a very warm friend- through the years, the staff working that bill and the entire package is as ship with the Senator and with his relationship between Senator ROBB’s yet unsettled, although hopefully it lovely wife and his children. We all office and my office was always excel- will be resolved before the end of the know when we take the oath of office lent. We looked upon our duties as day. But there have been many days as U.S. Senator, the family plays the serving the Commonwealth of Virginia when we have been hopeful about re- key role. I could not count the number and the people of that State; therefore, solving matters before the end of the of times I have been in matters relat- our staffs did everything they could to day and that has not occurred. ing to the Senate, trips relating to the prepare the two Senators to meet that Without going into the background Senate, our frequent joint appearances challenge and that responsibility. on prior years, it has been a very dif- throughout the Commonwealth of Vir- He is a man of principle. I think that ficult matter to get the bill on Labor, ginia these many years, beginning back is unquestioned by those of us who Health and Human Services, and Edu- when he was Lieutenant Governor, and watched him. Indeed, at times we dif- cation to the President for signature there was Mrs. Robb, a daughter of a fered on very fundamental policy and to resolve the controversies. This most distinguished American public issues, and that is reflected in our vot- year, my ranking member on the sub- servant, former President Lyndon ing records. But he was always a man committee, Senator TOM HARKIN, and I Johnson and a former Member of the of principle and he stood by those prin- have worked as partners on this mat- Senate. ciples. As I listened to him, my reac- ter. When he chaired the sub- So I wish him well. It was a difficult tion sometimes bordered on disbelief committee, I was ranking, or when I task in this past election. He respects because I so disagreed with him, but he have chaired the subcommittee, he has both of us as marines. We have duties stood by those principles no matter been ranking. Both of us understand— to perform. I hope the RECORD reflects what the cost to his professional career and have for a long time—that if you that I performed that responsibility I as a public servant. He stood by what want to get something done in Wash- felt very sincerely was necessary, but I he believed. ington, you have to cross party lines. did it in a spirit that preserved our So I say to my good friend, I shall re- That is more true today than ever. It friendship. member him in many ways but above will be even more true in the 107th When I think back on his work, I all for his friendship and his always Congress when we have a 50–50 split. think of the many times Senator ROBB senatorial courtesy. As we laugh But we brought that bill to conclu- came from that side of the aisle to this around here and joke: The title senior sion on the Senate vote on June 30 of side of the aisle to join others in work- Senator and perhaps a dollar or so will this year, which tied the record going ing on pieces of legislation which he get you a cup of coffee. But he never back to 1976. We completed a con- felt, and indeed others felt, were in the tried one-upmanship and he always ad- ference report on July 27, the last best interests of this country. He was a dressed me as his senior in the Senate. Thursday before we adjourned for the bridgebuilder. He served that purpose I thank him. I wish him and his family Republican convention and the August on the Senate Armed Services Com- well in their next career. I am con- recess. We did that with a lot of extra mittee. He stood by my side as chair- fident there are many challenges that effort, hard work by our staffs led by man these past 2 years, supported me, await this distinguished American pub- Bettilou Taylor on my staff, so we I think, almost in every instance. And lic servant. could get the bill to the President right he had very keen insight into the life I note my distinguished friend from after Labor Day. There is no use send- of the men and women of the Armed is on the floor. I yield ing it in August, but we were prepared Forces who serve today. He worked the floor at this time, and I thank the to submit it to the President the day very hard on their behalf. Chair for his indulgence. after Labor Day. I hope history will reflect that his The PRESIDING OFFICER. The Sen- We had met the President’s figure of contributions directly benefited those ator from Pennsylvania. $106 billion, which was a $10 billion in- who serve today and who will serve to- f crease over the program authority morrow. He also was quite active in from last year. We did that because the working with me on the retirement SENATOR ROBB experience in the past had been that benefits, particularly the medical bene- Mr. SPECTER. Mr. President, I com- when we quarreled with the President fits, for those who have served in years mend my distinguished colleague from about the total figure, invariably there past. Virginia for those fine remarks about were add-ons at the end when the issue December 15, 2000 CONGRESSIONAL RECORD — SENATE S11809 went beyond September 30 into October House would not go along. We com- advice earlier this year and sent the or November. promised out at $907 million. The next appropriations bill down to the White Candidly, it was difficult to get the year we added $1 billion; the year after, House, completing his work in a very Republican caucus to agree to $106 bil- $2 billion; the year after that, $2.3 bil- timely fashion back in July, I believe lion in the Senate and in the House, lion, which was cut a little on an it was. but we did that. But in presenting the across-the-board cut. This year we put I commend the Senator for being an bill, the conference report, we had in $2.7 billion, now reduced to $2.5 bil- outstanding chairman. I am a great ad- some priorities which were somewhat lion. But we have a total of almost $9 mirer of his and appreciate all of his different from those of the President. billion added in these last five cycles hard work. We had, for example, added $2.7 billion and they have made tremendous strides Mr. SPECTER. Mr. President, I ex- for the National Institutes of Health on the most dreaded diseases—Parkin- press my thanks to Senator COLLINS. because we thought that was a very son’s and Alzheimer’s and cancer and We work very closely together with a high priority item. We had also made heart ailments and the whole range. very distinguished group of Senators— some changes on the $2.7 billion which It is my hope in the future that who- Senator JEFFORDS, Senator SNOWE, and the President had requested for school ever chairs the subcommittee will have who is the fifth member? Yes, Senator construction and additional teachers, better cooperation on all sides to CHAFEE, who is presiding. I thank the giving him that money but adding a present the bill to the President before Chair and thank Senator COLLINS. provision that if the local boards of the fiscal year ends. I think, had that f education wanted to use the money for been done, we could have mustered a EXTENSION OF MORNING something else after fulfilling very very strong position that our priorities BUSINESS stringent requirements, that they were superior to what the President Ms. COLLINS. Mr. President, I ask could use it for local control. had in mind, and that if he were going unanimous consent that morning busi- When we sat down to negotiate with to veto the bill, we ought not to be ness be extended until 1:30 p.m., with the , the President and the fearful of his veto but we ought to ac- Democrats in the House upped the ante the time equally divided. cept it as his view and then take the The PRESIDING OFFICER. Without and asked for an additional $6 billion. case to the American public. I think, objection, it is so ordered. From my way of thinking, that was to- had the bill been submitted to the f tally unacceptable because we had pro- President on September 5, we would vided the $106 billion which the Presi- have won that fight. Or if we had not THE STEEP COST OF A MAINE dent had initially requested. After all, won it outright, we would have com- WINTER it is the congressional prerogative to promised in terms so we wouldn’t be Ms. COLLINS. Mr. President, I rise set the priorities on appropriations. here on December 15, still arguing today to speak on the importance of That is spelled out in the Constitution. about this Labor-HHS-Education bill the Low Income Home Energy Assist- The President has to sign the bill but as the principal source of contention. ance Program known as LIHEAP in we have the lion’s share of responsi- (The remarks of Mr. SPECTER per- helping low-income Maine families bility, in my view, to establish the pri- taining to the introduction of S. 3280 cope with the high cost of our long orities. are located in today’s RECORD under Maine winters. Those negotiations degenerated—at ‘‘Statements on Introduced Bills and As Callie Parker from Little Deer least in my opinion—until there was an Joint Resolutions.’’) Isle, Maine, so eloquently testified be- inclination by some in the conference Mr. SPECTER. Mr. President, I again fore the Senate Health, Education, to pay $114 billion. I refused to be a thank my distinguished ranking mem- Labor, and Pensions Committee earlier party to that amount of money because ber, Senator , who this year, heating your home during a I had fought hard to raise the figure to works collaboratively on veterans af- Maine winter is a matter of life and $106 billion and I felt there would be no fairs matters and all members of the death. When the cold reaches into the credibility in what I would present as Veterans’ Affairs Committee. It is a very marrow of one’s bones, when a chairman of the subcommittee if I committee which has worked in a bi- glass of water you left on a night stand would be a will-o’-the-wisp and raise it partisan way. It has a very excellent freezes during the night should your to any figure to satisfy the demands of staff, with staff director Bill Tuerk. I furnace go out, you simply cannot get the White House and the House Demo- thank the staff for their assistance and by without heat. crats. There was a tentative agreement commend to the public and the CON- Unfortunately, not everyone has of $114 billion and I declined to sign GRESSIONAL RECORD the legislation enough money to buy the fuel nec- any conference report which reflected which has been passed during the 106th essary to heat their home. Far too that figure. Congress. many Maine families have had to Ultimately that arrangement broke I know my time has expired, and I choose whether to buy groceries or to down. Now we have come to the point note the presence on the floor of a dis- pay their rent or mortgage or to keep where the negotiations have produced a tinguished Senator, Ms. COLLINS. I warm. These are choices that no one figure of $108.9 billion, which is still yield the floor. I was about to say ‘‘an- should be forced to make, but unless more than the $106 billion we had origi- other distinguished Senator,’’ but I we increase funding for energy assist- nally projected, but in the spirit of ac- modified that to ‘‘a distinguished Sen- ance now, these choices will become in- commodation, trying to finish the busi- ator.’’ creasingly common. ness of the Congress, I am prepared to The PRESIDING OFFICER. The Sen- Winter has not even officially begun, go along with that figure although ator from Maine. although you would not know that in very reluctantly. Ms. COLLINS. Mr. President, before the area of the country from which the There have been changes in the bill the Senator from Pennsylvania leaves Presiding Officer and I come. The high which I find totally unacceptable. The the floor, if that is his intention, I price of fuel and cold temperatures National Institutes of Health has had thank him for the exceptional job he have already driven a record number of an increase of $2.7 billion over fiscal has done in ensuring that we do have households in Maine to seek home year 2000, which had been in all along, funding increases for critical programs heating assistance. Already the Com- now cut by $200 million to $2.5 billion. such as those at the National Insti- munity Action Program agencies in I believe that the National Institutes tutes of Health. Maine have identified 28,000 households of Health is the crown jewel of the Fed- I heard the Senator from Pennsyl- in need of LIHEAP funds to get eral Government. It may be the only vania, the chairman of the sub- through this winter. That compares to jewel of the Federal Government. We committee, describe it as the crown only 10,000 applicants at this time last have added almost $9 billion to the jewel of the Federal Government, and I year; in other words, it has more than funding on NIH in the last five cycles. totally agree with his comments. He doubled the amount of households The Senate, in one of the first years has also been an advocate for more seeking this kind of assistance. An- under my chairmanship, came in at the education funding, combined with more other 19,000 families are waiting to be figure of a $950 million increase. The flexibility. I wish we had followed his reviewed by the CAP agencies. S11810 CONGRESSIONAL RECORD — SENATE December 15, 2000 The problem is, there is simply not Yet it simply is not enough. With the learned that the system of admin- sufficient money. As this chart shows, price of fuel 50 percent higher this year istering capital punishment is gravely a Maine winter exacts a steep toll. than last, and with almost three times flawed, and that scores of people have Today, in Maine, a gallon of home as many families in need of LIHEAP ended up on death row, often for many heating oil, on average, costs $1.56. assistance this year compared to just 1 years, even though they were com- Last year at this time, home heating year ago, even a 30-percent increase pletely innocent of the crime for which oil in Maine went for $1.03 a gallon— will only go so far. It is certainly need- they were sentenced to death. and we thought that was very high. ed, and we are grateful for it, but we We have seen how the justice system That number is high because just two are still going to have a shortfall. has serious flaws at every stage, and years ago the average price of home I am also concerned and disappointed especially if the accused is poor, as are heating oil in Maine was just 78 cents that by placing the year 2002 funding most criminal defendants who are sen- a gallon. In short, home heating oil for LIHEAP on the chopping block, the tenced to death. Lawyers defending prices have increased by 100 percent in Clinton administration lacked the fore- people whose lives are at stake are just two years. For the 75 percent of sight to realize the obvious: This is not often inexperienced or incompetent, Mainers who rely on home heating oil our Nation’s last winter. There will be and poorly paid. Two thirds of death to keep their homes warm, this is a another winter next year; I can guar- penalty trials nationwide are marred steep price to pay indeed. Those heat- antee it. We must lay the groundwork by serious constitutional errors, ac- ing their homes with natural gas also now to allow the planning to occur cording to reviewing courts. are facing difficulties. Consumer prices that will ensure that people stay warm We have seen public support for the for natural gas have shot up over 50 next year, too. death penalty decrease significantly. It percent compared to last year. By eliminating the ‘‘advance appro- is still over 50 percent nationally, but As the second column on this chart priation’’ for LIHEAP for the next fis- it falls below 50 percent if the alter- shows, last year Maine’s CAP agencies cal year, this appropriations bill has native is life in prison with no oppor- distributed an average of $488 to each not laid any of the necessary ground- tunity for parole. We have seen Governor Ryan of Illi- household. That was the average work for next year’s winter. That will nois appoint a commission of experts, LIHEAP benefit. Despite the rising contribute to a supply crunch next fall, both supporters and opponents of cap- costs of fuel, this year the Maine CAP I fear. ital punishment, to determine whether agencies are able to distribute an aver- I call on the President and the con- the death penalty can, under any cir- age benefit of only $350. gressional leadership to make LIHEAP cumstances, be administered reliably So you see the situation we have, Mr. a top priority, not only this year but so innocent people will never be exe- President, and see why it is such a next year as well. I am pleased to see cuted. The findings and recommenda- problem. We have the price of home and applaud the language that was in- tions of that commission will be impor- heating oil far higher than last year, cluded in the managers’ statement tant for the entire country. and more than double what it was two pledging to fund LIHEAP in the next In Virginia, a State with many peo- years ago. The high cost of fuel has put fiscal year at this year’s level or at a ple on death row, the legislature re- more strain on more families, and as a greater level. I would have preferred to cently took note of the growing con- result many more households need as- see a commitment for advance funding, cerns surrounding capital punishment, sistance. That has caused the average but I know the conferees will keep the and decided to review the administra- LIHEAP benefit to be cut significantly. commitment they have made. tion of the death penalty in Virginia What does this mean? When the price Finally, I pledge my personal efforts where there have been serious mis- of oil is 50 percent higher than last to ensure that low-income families in takes. year, and the LIHEAP benefit is $138 Maine and throughout the Nation stay In October, the Virginia Governor less than last year, it means that peo- warm through our long winters. pardoned Earl Washington, a mentally ple are not able to buy very many gal- I yield the floor. retarded farmhand, after new DNA lons of oil to heat their homes. Last Mr. President, seeing no one seeking tests cleared him of the rape and mur- year’s LIHEAP benefit purchased 474 recognition, I suggest the absence of a der that once brought him within 9 gallons of home heating oil. This year’s quorum. days of execution. benefit will purchase less than half The PRESIDING OFFICER. The Just this morning, the Washington that amount—a mere 224 gallons of oil. clerk will call the roll. Post reported that DNA tests had So we have the worst of all situa- The assistant legislative clerk pro- cleared another death row inmate—un- tions. We have the price of home heat- ceeded to call the roll. fortunately, too late to be of any help. ing oil at record highs; we have the Mr. LEAHY. Mr. President, I ask Before dying of cancer earlier this benefit amount having to be cut to less unanimous consent that the order for year, Frank Lee Smith spent 14 years than last year’s; and the result is that the quorum call be rescinded. on Florida’s death row for a rape and low-income families are able to pur- The PRESIDING OFFICER (Mr. murder that it now appears he did not chase far less home heating oil. INHOFE). Without objection, it is so or- commit. And this year’s winter is already dered. I have introduced legislation with shaping up to be colder than last Mr. LEAHY. Mr. President, what is Senators GORDON SMITH, SUSAN COL- year’s. Mainers will need more oil to the parliamentary situation? LINS, and 12 other Senators, to address keep warm this winter, not less. When The PRESIDING OFFICER. The Sen- some of these most egregious flaws. I the furnace remains silent no matter ator from Vermont is informed we are have spoken many times about our bill, how far you turn the thermostat dial, in a period of morning business with the Innocence Protection Act, which we need to be there to put oil in the speakers not to exceed 5 minutes. we plan to pursue in the 107th Con- tank. Mr. LEAHY. Mr. President, I do not gress. The bottom line is we need to provide see others seeking the floor. I ask Our legislation addresses the horren- more assistance to more families. unanimous consent I be allowed to dous problem of innocent people being The legislation before us today will speak for not to exceed 10 minutes. condemned to death. But today I want provide an extra $300 million in The PRESIDING OFFICER. Without to mention briefly a related issue LIHEAP assistance to be used this win- objection, it is so ordered. which is illustrated by a case in Texas, ter. And that is very helpful. It is al- f the State which this year has executed most a 30-percent increase above last more people than any other State in year’s funding level. I know how hard JOHNNY PAUL PENRY the post-war era. Senator SPECTER and Senator STEVENS Mr. LEAHY. Mr. President, during The Supreme Court stayed the execu- have fought for this significant in- the past year there has been an ex- tion of Johnny Paul Penry on Novem- crease. I thank them for their efforts traordinary amount written and spo- ber 16, 2000, less than four hours before on behalf of the thousands of Maine ken in this country about the death he was scheduled to die by lethal injec- residents who will benefit greatly from penalty—actually more than I can tion in Texas. The Court has now these much needed funding increases. recollect having seen before. We have scheduled the case for argument. December 15, 2000 CONGRESSIONAL RECORD — SENATE S11811 Johnny Penry, who in 1979 raped and Beyond all of this, executing the any circumstance they should leave murdered a 22 year old woman, has mentally retarded severely damages any stone unturned or any avenue un- been on death row for twenty years. He the standing of the United States in explored to advance those convictions committed a terrible crime; there has the international community. The and beliefs. never been any doubt about that. But United Nations has long condemned While some of those issue are being besides the crime itself, what makes this practice. Just last year, the U.N. resolved, I want to take a minute to Johnny Penry’s case so disturbing is Commission on Human Rights called say thank you, first of all, to the peo- that he has an IQ of 56. What that on nations ‘‘not to impose the death ple of Virginia who were kind enough means is that he has the intelligence of penalty on a person suffering from any to honor me with 12 years of their rep- a 6-year old child. form of mental disorder.’’ We should resentation in the Senate of the United Mr. President, 11 years ago the Su- join the overwhelming majority of na- States. preme Court ruled that it is not cruel tions who do not execute the mentally I thank my colleagues on both sides and unusual punishment to execute the retarded. of the aisle who have given to me and mentally retarded. I disagree with that Johnny Penry suffered relentless and my wife Lynda and members of our decision. But more importantly, de- severe physical and psychological family an experience we will treasure spite the Supreme Court ruling, 13 abuse as a child, spends his time in for the rest of our lives. The personal States with capital punishment and prison coloring with crayons and look- interaction with colleagues has been a the Federal Government have forbid- ing at comic books he cannot read, and part of the Senate experience that I den execution of the mentally retarded, still believes in Santa Claus. I remem- will always enjoy, remember, and re- and a clear majority of Americans op- ber reading that when they stayed his vere. I express to colleagues again on pose the practice. execution he said, ‘‘Does this mean I’m both sides of the aisle how much I ap- The State Senator who in 1998 spon- not allowed to have the special meal I preciate the many considerations they sored Nebraska’s bill to prohibit execu- was supposed to have?’’—The last meal have shown me. tion of the mentally retarded later said of the condemned man. He could not I understand my senior colleague that it should not have been necessary possibly have assisted meaningfully in from Virginia took the floor while we because ‘‘no civilized, mature society his own defense. were in the caucus. I did not hear his would ever entertain the possibility of No one can excuse Johnny Penry’s words, but I appreciate his cooperation executing anybody who was mentally crime, and no one suggests that he on many issues, and I appreciate his retarded.’’ should be set free. But the question is friendship. We have had some dif- Executing the mentally retarded is what is the appropriate punishment for ferences; certainly, we have had some wrong; it is immoral. People with men- a defendant who is mentally retarded. political differences; but the degree of tal retardation have a diminished ca- Neither our Constitution nor our na- cooperation between our offices has al- pacity to understand right from wrong. tional conscience permits the execu- ways been good and strong when it As Justice Brennan wrote: tion of a 6-year-old child for commit- came to working on behalf of our Com- The impairment of a mentally retarded of- ting a heinous crime, and neither monwealth. fender’s reasoning ability, control over im- should we execute a person with the The Senate is, for many of us, like a pulsive behavior, and moral development mental capacity of a 6-year-old. It of- family. That sentiment has been ex- . . . limits his or her culpability so that, fends the very idea of justice. whatever other punishment might be appro- pressed before. It is an extended fam- I yield the floor. ily, and I say to all of those members priate, the ultimate penalty of death is al- The PRESIDING OFFICER. The Sen- ways and necessarily disproportionate to his of that extended family a very sincere ator from Virginia. or her blameworthiness. thank you. I thank the floor staff and Mr. ROBB. Mr. President, first I in- Proponents of the death penalty the officers of the Senate for the co- quire, is there any limitation on the argue that it ‘‘saves lives,’’ but exe- operation that has been extended to me length of time to speak? over the past 12 years. cuting the mentally retarded cannot be The PRESIDING OFFICER. The justified on the grounds of deterrence. Chair informs the Senator from Vir- I thank the Cloakroom staff from Let me again quote Justice Brennan, ginia that we are in a period for morn- both sides, particularly my own Cloak- writing in 1989: ing business with Senators to speak room, who work so closely with us on a The very factors that make it dispropor- not to exceed 5 minutes. regular basis to make sure the institu- tionate and unjust to execute the mentally Mr. ROBB. I do not believe I will ex- tion functions, and that we are here retarded also make the death penalty of the when necessary in order to conduct the most minimal deterrent effect so far as re- ceed 5 minutes, but I ask unanimous consent to proceed for such time as I nation’s business. tarded potential offenders are concerned. In- I express my appreciation to all of tellectual impairments in logical reasoning, may use, consistent with the order for strategic thinking, and foresight, the lack of morning business. those who make this institution work. the intellectual and developmental predi- The PRESIDING OFFICER. Without Some of them are visible, such as our cates of an ability to anticipate con- objection, it is so ordered. friends of the Capitol Police who are sequences, and impairment in the ability to Mr. ROBB. I thank the Chair. here around the clock in a position, as control impulsivity, mean that the possi- f we learned to our regret and sorrow, to bility of receiving the death penalty will not put their lives on the line to provide in the case of a mentally retarded person fig- THE SENATE EXPERIENCE safety and security. ure in some careful assessment of different courses of action. In these circumstances, Mr. ROBB. Mr. President, I thought I There are many other officers of the the execution of mentally retarded individ- would take this opportunity for just a Senate and employees of the Senate uals is nothing more than the purposeless very few minutes to say thank you. I who are not as visible to the public, and needless imposition of pain and suf- will be leaving the Senate at the end of but are just as crucial to the operation fering. this Congress. I had assumed, as many of the Senate. The employees who work People with mental retardation are of our colleagues had, that this would for the Architect of the Capitol who also more prone to make false confes- be the last day of the session. That as- take care of many of the duties that sions simply to please their interroga- sumption is very much in question at are required to make the institution tors, and they are often unable to as- this point. I just left a conference with run. We see and work with them on a sist their lawyer in preparing a de- members of my caucus, and there are daily basis. Many of them have ex- fense. clearly some deeply held convictions tended courtesies and kindnesses to me We saw this with Earl Washington, and passions that are still unresolved. over a long period of time that I will who had an IQ of 69. Arrested for break- It may be that we will be here for long remember. ing into a neighbor’s home during a hours or days. I hope that is not the There are the many often unheralded drinking spree and hitting her with a case, but there frequently are at this folks who help with the phones, who chair, Washington readily confessed to particular time in the session those operate the Capitol switchboard, who a series of unsolved murders that he who hold convictions and beliefs so handle the maintenance, and who work could not have committed. deeply that they do not believe under in the food service we do not see but S11812 CONGRESSIONAL RECORD — SENATE December 15, 2000 who make it possible for all of us to do thing that may not always be apparent. some voters may find this quality refreshing, our jobs as effectively as possible. Again, that occurs on both sides of the Senator Robb’s reluctance to tout his accom- These people keep the institution func- aisle. I am particularly grateful to plishments hides them too effectively in a tioning, like the maintenance crews many who have demonstrated the cour- tight race. who make the repairs and changes that age to stand up and be counted when it ’s reluctance to promote are frequently required and who always was not always politically popular. himself—his commitment to sound seem able to accommodate—all of their Finally, I want to make a brief com- policies over sound bites—may have good will is very much appreciated. ment about the leadership. I thank the cost him reelection, but they have I thank the pages, too, who work and majority leader for the courtesies he earned him the respect of his peers and do all of the things they are required to and the members of his staff have ex- this Nation. do during the daytime and then get tended to me. In 12 years in this Senate—and for 8 their studies done at night. We fre- I conclude with a special note of years before that as Lieutenant Gov- quently see them working on their thanks to someone I consider an ex- ernor and then — studies at the same time they are help- traordinary leader, who is kind enough CHUCK ROBB rarely spoke about him- ing to make life a little easier for us. to be here for these couple of minutes, self. He has always been more com- I also express my appreciation to the , the current Democratic fortable speaking on behalf of others— committee staffs, the professional and minority leader who will become the people whose voices too often are staffs who work with each of the com- on January 3 through January 20 the not heard at all. Today, on what we hope could be the mittees and help me and all of you on majority leader. As a point of personal last day of this Senate, I want to say a regular basis. We develop personal privilege, I look forward to that time. friendships with many of these individ- He and the team that he has put to- just a few things about him that he uals whom we will long remember. gether have been exceptional leaders. I will not say about himself, just to re- mind us what a good man—what a good Finally, I want to say a very personal see the distinguished whip thank you to the members of my own on the floor, as well. They have led by man—with whom it has been our good staff. I have been extraordinarily well example. They have led by inclusion. fortune to work. As we all recall, he was elected to the served by some very able professionals And they have led by listening. They Senate in 1988, with the largest vote who have served their Commonwealth have been friends. They have been ef- total for any office in Virginia’s his- and their country in ways that I will fective. They have been leaders in the tory. It was the first time in 22 years always appreciate and for which they truest sense in that they have caused that Virginia had not sent a Repub- can always be very proud. us to want to work with them to make There have been many, and I am not lican to the Senate. the institution run and to get the job He has spent his Senate career work- going to attempt to list them all. It oc- done. curred to me that maybe, because I ing for Virginia and for what he calls So, Mr. President, to you, as a per- the ‘‘long-range, big picture, important have been so fortunate and so well sonal friend, and as a representative of served, I should mention the names issues’’: national security, a balanced our colleagues, and to all of our friends budget, education, and civil rights—for only of those who have been with me who have been kind to me and have continuously helping and assisting me all Americans. supported some of the things I have He is a member of the Finance Com- my entire term in the Senate, serving done over the years, may I express my mittee and the Joint Economic Com- with me over the last 12 years. Two of profound thanks. mittee. He is the only Member of the those professionals actually have been I take leave of the Senate proud to Senate ever to serve simultaneously on with me through my gubernatorial have had the opportunity to serve in all three national security committees: service: Pat Mayer and Susan Albert, this great institution. Intelligence, Armed Services, and For- now Susan Albert Carr as of last week- Mr. President, I thank the Chair and eign Relations. end, have been with me for the full 12 yield the floor. He is a former member of the Budget years and then some. Matt McGowan, Mr. DASCHLE addressed the Chair. and Commerce Committees, as well as Jim Connell, JoAnn Pulliam, Anne The PRESIDING OFFICER. The the Select Committee on POW/MIA Af- Geyer, Debbie Lawson-Goins, and Jim Democratic leader is recognized. fairs, where he cochaired a task force O’Quinn have all been kind enough to Mr. DASCHLE. I will use my leader that declassified and released vast provide for me the kind of professional time, if I may, at this time. quantities of information on missing staff assistance that has made my job f U.S. service members. easier. We will remain friends. The Quietly, with little fanfare, he has members of my staff have helped make TRIBUTE TO SENATOR CHARLES ROBB provided a steady leadership that has this an experience I will cherish. helped keep our Nation safe and move I have undoubtedly left out a number Mr. DASCHLE. Mr. President, I con- us forward. of individuals whom I want to thank gratulate Senator ROBB on his re- He is a lifelong fiscal conservative. and I have tried to thank. marks. I thank him very much for In 1993, he voted for the deficit reduc- I also thank the people who have sharing them with all of us. tion plan that launched the strongest made this a very good experience for These past elections brought our cau- economic recovery in our Nation’s his- my wife Lynda, particularly the prayer cus nine new members and we hope tory. He remains an important part of groups. She has been associated with many new opportunities to address the Senate’s economic conscience, al- several of those. I understand she gets America’s priorities. But they also ways reminding us that our job isn’t to continue her membership in the handed us a great disappointment, the finished, that we must pay down our prayer groups and the spouses group, loss of our friend and colleague, CHUCK national debt. even though I will become a former ROBB. He has been a tireless fighter for edu- Member and will leave these premises. I am appreciative of the opportunity cation, the chief sponsor of our pro- Mr. President, I say to all of my col- that I had just now to listen to Senator posal to help States and local school leagues that they are a group of prin- ROBB, maybe for the last time on this districts build and renovate 6,000 cipled, compassionate, caring men and Senate floor. I had feared he might schools. women, many of them friends. We may leave without giving us a chance to He fought to reduce class sizes by have disagreements. Some of those are thank him for his remarkable service hiring 100,000 teachers and to make principled disagreements. In fact, I just to the Senate. It would have been like America’s schools safer and stronger. attended what may be the last Demo- him to do so; he is an enormously mod- He helped create new partnerships to cratic conference called by our leader. est man. connect every school in America to the I say once again, I heard members ex- In an editorial the day before the Internet. press in passionate terms their com- election, wrote: He is as hard a worker as you will mitment to doing what they believe is Even in the final days of a nip-and-tuck find in this body. in the best interest of their State and campaign, Senator Chuck Robb seems un- In 12 years as a Senator, incredibly, the Nation, and I think that is some- comfortable singing his own praises. While he has missed only 10 votes. December 15, 2000 CONGRESSIONAL RECORD — SENATE S11813 As chairman of the Democratic Sen- worried about what might happen if a he said he felt a sense of revulsion atorial Campaign Committee in 1991 President’s son-in-law were taken cap- when he saw the flag treated dis- and 1992, CHUCK ROBB shattered fund- tive and used to extract concessions respectfully. raising records and ended his term with from the United States. But CHUCK But—in Senator ROBB’s words—‘‘they the strongest majority for our party in ROBB insisted. died for liberty and tolerance, for Jus- 20 years. In April of 1968, 2 months after the tice and equality. They died for that He cares deeply about the values on Tet offensive, he landed in Vietnam, which can never burn. They died for which our party is founded. But there commander of an infantry company. ideals that can only be desecrated by are values he holds even more dearly Two weeks later, he was in combat. our failure to defend them.’’ than party loyalty. A reporter asked In Vietnam, he earned the Bronze Someone once asked Senator ROBB him recently who his political heroes Star with the Combat V, the Viet- why he took such politically risky are. He listed two. One was the late namese Cross of Gallantry with the Sil- stands—especially in an election year. Bill Spong, another thoughtful, effec- ver Star, and the rank of major. He said that—because he had been in tive Virginian, who served one term in Most people who knew him, including combat—‘‘I thought that I could speak this Senate and was the first southern his extraordinary wife Lynda, expected out on some issues with less concern Senator from a State covered by the Major ROBB to make a career of the about the downside than some other Voting Rights Act to vote for the act. military. And he did remain in the Ma- Senators might have to think about.’’ He said his other political hero was a rine Reserves for a long period of time, I don’t know if he was right in that man we all knew, our friend, John until 1991, serving a total of calculation. Chafee, ‘‘because he worried about 34 years in uniform. I do know this: On this day in 1791, women’s health, poor children, and the But he also found another way to the Bill of Rights was ratified when environment, and reached across party serve his Nation. Virginia approved it. lines to find solutions.’’ In 1977, the people of Virginia chose One reason it has never once been Reaching across party lines, being CHUCK ROBB as their Lieutenant Gov- weakened—in all these years—is the willing to work and look in new places ernor—the only Democrat elected that brave and principled stand of Virginia’s for new solutions—that is something year to statewide office. Four years Senator, CHUCK ROBB. Senator ROBB has done his entire life. later, they made him Virginia’s 64th There are many things about the He grew up in a Republican family. Governor—the first Virginian Demo- next Senate which I look forward to. He is a founder and past chairman of crat elected Governor in 16 years. I deeply regret, however, that CHUCK the centrist Democratic Leadership As Governor, he championed many of ROBB will not be with us. His departure Committee, and one of the original ar- the same causes he would later fight is a loss not only for our caucus but for chitects for what we now know and call for in this Chamber. He invested $1 bil- this entire Senate and for our Nation. ‘‘the third way’’ in politics. lion in Virginia’s schools—without Our Senate family will also deeply His ground-breaking ideas on the raising taxes. miss Lynda Johnson Robb, who is here changing economy, new models of gov- He fought for civil rights. today. erning, and other ideas helped trans- As President, his father-in-law, Lyn- She has given so much to our Nation form political thinking—not only in don Johnson, appointed the first Afri- throughout her life. And she continues this country but in England and in na- can American to the U.S. Supreme to serve America as the National Chair tions all over the world. Court—Thurgood Marshall. of Reading is FUNdamental, and as Quietly, modestly, throughout his ca- As Governor, CHUCK ROBB appointed Vice Chairman of America’s Promise, reer, he has tried to reach honest, bi- the first African American to the Vir- the national service partnership. partisan compromise on an array of ginia Supreme Court, as well. Last week, CHUCK and Lynda cele- issues. He signed the legislation adding Mar- brated their 33rd wedding anniversary. Here in the Senate, he has worked tin Luther King’s name to a State holi- I’m sure I speak for all of us when I say closely with his colleague, Senator day that had formerly honored only we wish them belated congratula- WARNER, on issues of importance to Confederate Civil War heroes. tions—and best wishes on their future Virginia and our national security. His fellow Governors recognized his endeavors. As a member of our caucus’ Centrist exceptional talents. He served as chair- In that same interview in which Sen- Coalition, he has helped us all try to man of the Southern Governors’ Asso- ator ROBB listed his political heroes, he find a middle ground. ciation and the Democratic Governors’ was also asked: What is your most in- I would be sorry to see CHUCK ROBB Association. spirational quotation? leave the Senate at any time. The fact He chaired the Education Commis- He cited the words of Teddy Roo- that he is leaving now—when we so sion of the States and the Council of sevelt: desperately need people who are able to State Governments. The credit belongs to the man who is actu- see beyond the usual party divisions— Even during the toughest political ally in the arena—whose face is marred by makes his leaving doubly sad. fights of his life, CHUCK ROBB did not dust and sweat and blood . . . who knows the great enthusiasms, the great devotions—and CHUCK ROBB only lost one other polit- like to tell people these things about spends himself on a worthy cause—who at ical contest in his life, when he ran for himself. best, if he wins, knows the thrill of high senior class president at the University When others praised him for his ac- achievement—and if he fails, at least he fails of Wisconsin at Madison. Speaking complishments, he was always quick to while daring greatly—so that his place will about that loss later to a reporter, he say that it was ‘‘we’’ who deserved the never be with those cold and timid souls who said it gave him something important. praise, not ‘‘he.’’ know neither victory, nor defeat. As he put it: ‘‘I needed a little taking His genuine modesty is one of the Throughout his career, CHUCK ROBB down. Anybody who goes too long with- things that makes CHUCK ROBB a Sen- has lived up to those words. out some setback in life tends to lose ator’s Senator. He has been in the arena. an important perspective.’’ Another is his courage to fight for He has fought for worthy causes. One of the things CHUCK ROBB came principle, even when he knows it will And he has inspired us all to be bet- to understand about himself back then cost him politically. CHUCK ROBB has ter Senators. was how much he loved this Nation and done that over and over and over again I am proud to call him a friend. We how much he felt he owed it. in this Chamber. will all miss him. It was that sense of patriotism that One instance I will always remember Let me also take this opportunity to compelled him to enter the Marines came last March when he stood on this say thank you, and best wishes, to our after graduating from college. It was floor and explained—in a deeply per- other fellow Senators who will not be that sense of patriotism, too, that sonal, eloquent way—why he opposed rejoining us next year: On our side of made him volunteer to go to Vietnam. amending our Constitution to make the aisle: Senator DICK BRYAN, Senator He didn’t have to go; he could have flag burning a crime. , Senator FRANK LAUTEN- served stateside. In fact, the Pentagon As someone who saw too many good BERG, and Senator DANIEL PATRICK brass would have preferred it. They men die for what our flag represents, MOYNIHAN. S11814 CONGRESSIONAL RECORD — SENATE December 15, 2000 And our friends across the aisle. . . . Thank you, Mr. President. I yield the very much in evidence; that is, in Senators ABRAHAM, ASHCROFT, GORTON, floor. knocking down the walls of discrimina- GRAMS, MACK, and ROTH. f tion in all of the forms and shapes that It’s an honor to have served with all have been presented in recent years. EXTENSION OF MORNING of them. I wish them well in all of their That is a defining issue for our coun- BUSINESS future pursuits. try. America will never be America The PRESIDING OFFICER. The Sen- Mr. REID. Mr. President, I ask unan- until we free ourselves from all types ator from . imous consent that the period for and all forms of discrimination. Mr. REID. Mr. President, on behalf of morning business be extended until 2:30 There was never a battle in any of all the Democratic Senators, I express with Senators permitted to speak for the areas involving discrimination in our appreciation for the kind words up to 10 minutes each. which CHUCK ROBB was not a leader. I about our friend CHUCK ROBB. I sent The PRESIDING OFFICER. Without will miss him on this Senate floor. him a note after the election, and he, objection, it is so ordered. I join with my other colleagues in of course, in his typical fashion re- The Senator from . paying tribute to his service to the sponded. But I so much appreciate the f Senate, but most importantly to his Democratic leader covering his ex- TRIBUTE TO SENATOR CHUCK State and also to our Nation. He has a traordinary life. One thing the leader ROBB great opportunity in the future for con- didn’t mention is that he is really a Mr. KENNEDY. Mr. President, during tinued service. I think all Members in son of the West. He was born in Ari- the last few moments, several of our this body wish him well and look for- zona. Of course, he went to high school colleagues gave tribute to our friend. ward to opportunities of work with him in Fairfax and did a great job there. He is my friend and is someone so closely again. One reason I so admire CHUCK ROBB— many of us admire here in the Senate. The PRESIDING OFFICER. The Sen- and the leader touched upon that—is He is someone who has made a dif- ator from Michigan. his military record. I have not served ference in this body and this country f in the U.S. military. I look at CHUCK with his deep commitment to public THE HISTORY OF OLDSMOBILE ROBB with so much admiration. He service. went to the jungles of Vietnam. He Reference was made this afternoon to Mr. ABRAHAM. Mr. President, today I rise to comment on a development didn’t have to go, but he did. Not only Senator ROBB and his service in Viet- did he go there, but he served in com- nam. He fought for our country and that took place in my State this week. bat and was given a medal for valor. served in the Armed Forces. Because of It was with great sadness that I heard That says it all about CHUCK ROBB. his strong beliefs and commitments to of the phasing out of the Oldsmobile CHUCK ROBB’s service for the 12 years the values of the Nation, he made it his line of cars within the General Motors he has been in the Senate has been one responsibility to respond to the Na- family. Over the last 105 years, Olds- of valor. We have asked him to take tion’s call. mobile has been a Lansing, MI, and a credit for things he did, and he would This is a real reflection of the strong State institution and, obviously, a na- not take credit. We have asked him to commitment and the basic integrity of tional and international one as well. It come forward on issues in which maybe this extraordinary Senator and friend. was started 105 years ago when Ransom he just had some tangential involve- He fought in Vietnam for the values he Eli Olds of Lansing, MI, teamed with ment. He said: No, that is not my legis- believed in deeply. He came back to Frank Clark, the son of a small car- lation; I am not going to do it. this country served as a distinguished riage shop operator, to achieve what He is a man of great integrity. As the Governor of a great State, the State of many believed impossible. They suc- leader indicated, he doesn’t promote Virginia. And he continued that service cessfully produced a self-contained gas- himself. Of course, he doesn’t do that. in the Senate. oline-powered carriage, and with it But the thing I admire about CHUCK CHUCK ROBB was a neighbor of mine. Oldsmobile was officially born in 1897. ROBB more than any other—more than We have lived as neighbors for a num- Throughout its history, Oldsmobile his public service and more than his ber of years. He and Lynda have been has enjoyed a number of firsts: the first military record—is how he treats and good and valued friends over a great assembly line; and with the production talks to his family. He has three many years. of the curved dash, the first mass pro- daughters and a wonderful wife. I have enjoyed working with him in ducer of gasoline cars; in 1905, two With a heavy heart, I look at CHUCK the area of education. He has a fierce Oldsmobiles finished the very first ROBB here on the Senate floor for one passion to try to make sure every child transcontinental race from of the last times. My life is better be- in this country is going to have a good to Portland, OR, in 45 days; in 1940, cause of CHUCK ROBB. He has made me quality education. Even though he is models featured the Hydra-Matic drive, look better personally. He is a man of not a member of the education com- making this lineup the first vehicles great integrity and a man of character. mittee, he mastered this subject and with fully automatic transmissions; in I will never forget the things he has also provided very important leader- 1966, Oldsmobile introduced the done for me personally. ship in it. Toronado, the first modern-day front- The PRESIDING OFFICER. The Sen- I think so much of what is included wheel drive car; in 1974, that Toronado ator from . in this dual appropriations legisla- became the first American car to offer Mr. WELLSTONE. Mr. President, I tion—which we hope we will have an a driver’s side airbag. would like to thank Senator ROBB. He opportunity to address in these next Millions of Americans have come to is truly one of the most honorable indi- several hours and days—is really a love their Oldsmobiles. An Olds con- viduals I have ever met in my life. I tribute to the strong stands he took on vertible was the standard for trans- thank him. good quality education for the children porting a Homecoming queen or a float I yield the floor. not just of Virginia but the children of parade when I was growing up. And an The PRESIDING OFFICER. The Sen- this country. Oldsmobile sedan was the epitome of ator from Virginia. I think he was always concerned the middle-class family dream. All of Mr. ROBB. Mr. President, I will just about the balance between the expendi- this was made possible by the hard take one minute to thank my friends tures and what the economy could work and the commitment to afford- and colleagues for their eloquent and stand. He is in every respect a fiscal able quality that was the hallmark of very greatly appreciated words. I have conservative. He believed deeply in Oldsmobile in that division of General never been very good at showing emo- making sure we had a budget that was Motors. tion. I am not very good at saying going to reflect our values, but also On a personal level, I have a special thank you. But I want you to know that we were going to take care that stake in all of this, as well. Not only that your words, your friendship, your our resources were going to be well did I grow up in Lansing, MI, the home leadership and your example have al- spent in the national interest. of Oldsmobile, but for almost 20 years ways been appreciated well beyond my Finally, I want to mention an addi- my dad worked on the line at the Olds- ability to express it. tional field where his leadership was mobile main assembly plant there. It is December 15, 2000 CONGRESSIONAL RECORD — SENATE S11815 where he got his start, where my fam- well as across the country. Not only perhaps at the Federal level to do so, ily came to truly appreciate how much are people voting in greater numbers as as well. the automobile industry means, not a percentage of the community, and for Recently in Dearborn, MI, home to just to families such as ours but to our many taking the first step of partici- the largest concentration of Arab State, and especially how much the pating in the elections, but their activ- Americans in the United States, I was Oldsmobile meant to Michigan—Lan- ism in Michigan and other States has approached by a woman who had a sing, in particular. grown considerably. I take great pride young son in the seventh grade, saying I am sad, therefore, to see the Olds- in seeing that happen. how happy he was to know a Senator mobile go, as we have known it, but I In addition, we have seen a number of shared his Arab American heritage. I am confident General Motors will con- Arab Americans rise to leadership posi- hope that in my brief career in the tinue to make quality, safe auto- tions at the local level of government Senate maybe there are others who mobiles for generations to come. As we all the way up to statewide offices. In have similarly sparked an interest in bring down the curtain on the Olds- the Congress itself we have several government because they happen to be mobile, I rise today to offer my praise Members of Arab heritage on the House part of that same community to which to that company, to those who started side who were elected in the most re- I belong. it, and their families and descendents cent campaigns. My message is to praise the commu- who still remain in the Lansing area Much of this progress, I think, has nity, especially, but also to say to any and in Michigan; also, to all those translated into progress on issues of who have harbored a sense of dis- workers who, as my father, worked importance to the Arab American com- appointment with the results of the over the years for that Oldsmobile divi- munity in the last 6 years. I have been election, I hope that disappointment sion of General Motors. I think each proud during my term in the Senate to will not be long standing. It certainly and every one of them took to their have worked on behalf of a number of isn’t the case for myself. I encourage jobs a great satisfaction, a commit- important issues relevant to the com- people in the community to continue ment to hard work, and a tremendous munity. One has been to see the travel to play an active role in politics. Obvi- pride in the craftsmanship that went ban to Lebanon lifted in 1997, which ously, our political process inevitably into making the automobile for many has opened more opportunities for bet- produces success and failure from elec- generations one of this country’s favor- ter relations between the United States tion to election. For people new to the process, some- ite lines of vehicles. and Lebanon, and also for more com- times they misunderstand and treat a I yield the floor and I suggest the ab- mercial activity between the two coun- setback as something that should dis- sence of a quorum. tries. courage future involvement. I hope The PRESIDING OFFICER. The This Chamber passed a resolution de- that across the Arab American commu- clerk will call the roll. crying intolerance toward people of Is- nity, and especially for those who first The legislative clerk proceeded to lamic faith in this country, a much got active in the political process with call the roll. needed statement, I think, for the Con- this election, that they will continue Mr. ABRAHAM. Mr. President, I ask gress to make so we can be on record to play an active role, even increase unanimous consent that the order for consistently as opposing intolerance their involvement, and hopefully en- the quorum call be rescinded. toward people of any religious faith. courage others to do likewise. That The PRESIDING OFFICER. Without We have supported important programs would be invaluable to the community, objection, it is so ordered. that have affected the Middle East. One and certainly from my point of view, it Mr. ABRAHAM. Mr. President, I in- that we have worked on in our office would be the preferable outcome. quire of the Chair, are we still in morn- with Senator FEINSTEIN and others is My grandparents came a century ago the Seeds of Peace Program, which I ing business? from Lebanon, where they left behind The PRESIDING OFFICER. The believe will have a long-term and posi- everything to risk their fortunes on tive impact on the relationships be- Chair informs the Senator from Michi- America. As is the case with people not tween countries in the Middle East, in- gan we are in a period of morning busi- just from the Arab American commu- ness until the hour of 2:30. cluding Lebanon, Israel, Jordan, Egypt, nity but so many other immigrant f Yemen, as well as the Palestinians. communities, they came here with I think the potential for the future is very little in the way of material pos- PROUD ARAB AMERICAN even greater. I think it is very likely in sessions, but they came with a great HERITAGE the area of public policy that the peo- deal of desire and energy and the hope Mr. ABRAHAM. Mr. President, I will ple from the Arab American commu- that by working hard and playing by comment briefly on a matter of rel- nity will rise and play an ever active the rules they could make a contribu- evance both personally to me and to role and a greater role, as they have tion. my State. Since the election, as a con- done in other fields of endeavor. In As I have said to the others on this sequence of my defeat, I have heard America’s business community, we floor in the past, they did not nec- from a number of people from the Arab have many Arab American leaders essarily come here assuming they American community, both in Michi- today who are heading up important would have a grandson who would be in gan and across the United States. As a companies from one end of the country the Senate, but they wanted to live in Lebanese American myself, I have been to the other. In sports and entertain- a country where that was possible. In- very proud to be, at least for the last ment and the arts, we likewise have deed, that is what our country always several years, the only Arab American seen Arab Americans excel. In edu- will be. And I think it always will. I am Member of this Chamber. cation, the same is true. Indeed, the proud to have had the opportunity to A number of folks from that commu- level of educational attainment by fulfill, probably in the utmost way, the nity expressed their disappointment in young people of Arab American back- hopes that were brought here by my the results of the campaign. I take the ground continues to be one of the most grandparents when they arrived. floor today to thank so many people important components of the Arab I think, as I look back on my service who have been in touch, but also to American ethnic communities’ con- in the Senate, perhaps more than any- make several points that I hope will be tribution to the United States. thing else, will be the source of pride heard by members of the community, I am very proud of my heritage. I that I take with me as I leave the to be taken into account as they con- have talked to many other Members of Chamber today. sider the results of this election, as this Chamber about my background Mr. President, I yield the floor. well as the future. over the years. I am glad to have The PRESIDING OFFICER. The Sen- First, I note that in recent years I helped in a small way—to have played ator from Massachusetts. believe the Arab American community a role in moving forward some of the f has become a key part of the American policy objectives I mentioned a few political process. The participation of minutes ago. I hope, to some extent, SENATOR ABRAHAM the community has continued to in- that has helped encourage others in Mr. KENNEDY. Mr. President, I did crease both in my State of Michigan as their own communities, States, or even want to take a moment, as someone S11816 CONGRESSIONAL RECORD — SENATE December 15, 2000 who has been involved in immigration only through these basic investments million increase, to improve programs issues over some 38 years in the Sen- can we preserve our capacity to keep that give students skills they need in ate, and someone who has worked with our nation strong. I commend my col- order to meet the demands of the new colleagues in a bipartisan way. I want- leagues for their diligence in crafting high tech workforce. ed to let my friend from Michigan legislation that respects the highest College students will also receive know something which I hope he al- priorities of the American people. Sen- much needed support under this bill. ready does know. I wanted to share the ator HARKIN and Senator SPECTER have The GEAR UP programs will receive great respect I have for him and his shown the power of bipartisan coopera- $295 million, an increase of $95 million, leadership on immigration issues, as tion throughout their work on this leg- and TRIO programs will receive $730 the chairman of the Subcommittee on islation. We have all benefitted from million, a $85 million increase, to help Immigration. the example and leadership of Senator more low-income and minority middle Immigration issues bring out, really, STEVENS and Senator BYRD as well. and high school students prepare for the best and the worst in our col- While this legislation is not perfect college and succeed in college. leagues. These are emotional issues for and certainly is no substitute for the Of all high school students in , many of us. We have a Senate and unfinished work of the 106th Congress, 80 percent of them now are tied into House of Representatives that have it is good for the American people, and colleges. We have 12 different colleges strong views on these issues. His hand it shows what is possible when we re- that are tied into the high schools, where they are not just taking the in- has been a steady, guiding one of lead- solve to work together. In this sense, it dividuals who show promise, which the ership over this period of time, and one offers considerable hope for the 107th TRIO Program does and does with ex- I thought showed enormous sensitivity Congress. traordinary success, but to try to take in helping to guide immigration policy EDUCATION the whole class together and move the in a way that respects the strong tradi- In the critical area of education and the nation’s schools, this appropria- whole class up. It is a relatively new tion of people in this Nation to ac- concept and one which has worked very knowledge and continually work to tions agreement is a resounding vic- tory for parents and communities successfully in the several pilot areas remedy the very significant inequities where it has been tried. We are finding that are still a part of our policy. across the country. Congress has lived up to its commitment to increase edu- extraordinary response, positive re- I also point out what I think all of us sponse from colleges that engage in in this body remember, his strong lead- cation funding. We are taking a giant step forward to ensure that children this undertaking, and extraordinary re- ership in helping us work through the sponse from the schools. I think it will skill shortage in our high-tech indus- across the country receive the support they need to succeed in school and to be one of the more important programs tries. He led the Judiciary Committee to enhance academic achievement for and the Senate in the development of make college more affordable for every qualified student. I’m proud to high- high school students. that program. What certainly im- This legislation will also enable more light a few of the key education accom- pressed me during that period of time undergraduate and graduate students plishments. was his constant willingness to look at to pay for college through part-time different ideas, different approaches, For the first time, communities across the country will qualify for over work assistance because the Federal and differing views, and to always try Work Study program received a $77 to reach out to find some common un- $1.2 billion in federal aid to address their most urgent school building re- million increase. derstanding in these areas in order to This bill also strengthens Pell pair needs, such as fixing roofs, plumb- move the process forward—a real legis- Grants, enabling many more students ing and electrical systems, and meet- lator. to take advantage of them. The max- I know he is proud of many different ing fire and safety codes. Schools across the country will re- imum grant is increasing by $450—from aspects of his service in the Senate, but ceive $1.623 billion, a 25 percent in- $3,300 to $3,750. Because there are so I wanted to express from this side of crease over last year, to continue hir- many young people who, even though the aisle the affection and friendship of ing and training new teachers to re- they are eligible for the maximum Pell those of us who have worked with him duce class sizes in the early grades. Grant, just couldn’t make it with the in some very important areas of public This year’s funding increase will place lower maximum, this is perhaps the policy, and the high regard and respect 8,000 more teachers in classrooms, plac- most important educational enhance- we have for him. We are hopeful that ing the goal of 100,000 new teachers ment we have. It recognizes that many we’ll have a chance to work with him well within reach. children are advantaged in their aca- on public policy in the future. Teacher quality will improve as well demic achievement and accomplish- Mr. ABRAHAM. Mr. President, if I this year. Schools will receive $485 mil- ment but disadvantaged in the amount might, I thank the Senator from Mas- lion, a 45 percent increase over last of resources they have. sachusetts for his kind remarks. I had year, to help teachers improve their EARLY LEARNING occasion a couple of days ago to speak skills through professional develop- As we strengthen our commitment to to the Senate. At that time I expressed ment activities, reducing the number quality education at the elementary, publicly my thanks to him. He was not of uncertified and out-of-field teachers. secondary, and college levels, a strong in the Chamber at the time, so I reit- Title I of the Elementary and Sec- body of research challenges us to erate it here. We worked, I think, in a ondary Education Act, which helps dis- broaden our commitment to education very constructive way on a number of advantaged students master the basics as well. Education is a continuum that issues as members of the Sub- and achieve to high standards, is in- begins at birth and continues long committee on Immigration and on a creased by $506 million, for a total of after graduation. On the birth-to-kin- variety of other issues he has men- $8.4 billion. dergarten side, we have much work to tioned here as well. I thank him for his We know that children are most like- do. For the sake of each child, the na- remarks today. ly to engage in risky behavior in the tion, and our education system itself, The PRESIDING OFFICER. The Sen- hours just after school. Congress has all children must have access to the ator from Massachusetts. responded by increasing support for early learning opportunities that will f after-school programs by 87 percent enable them to enter school ready to this year, to $851 million. This increase learn. OMNIBUS APPROPRIATIONS BILL will help more children stay out of Today, 12 million children under age Mr. KENNEDY. Mr. President, I ex- trouble after school and get extra help five have mothers who work outside pect to support the omnibus legislation with their schoolwork. the home. Yet many of these children that will implement the final appro- The bill also provides an additional are assigned to waiting lists instead of priations agreement for this Congress $91 million, for a total of $225 million, quality early learning programs be- because it makes the kinds of invest- to support state and local efforts to cause federal funding isn’t adequate to ments in education, health, and work turn around low-performing schools. meet existing needs, and more and opportunities that are needed by all Vocational and technical education more parents are accepting the respon- American families. In the long run, programs received $1.240 billion, a $48 sibility of work under . December 15, 2000 CONGRESSIONAL RECORD — SENATE S11817 In Massachusetts, 14,000 children are from the military’s experience with percent of the nation’s pediatricians wait-listed, as are 200,000 children in early learning. We can build these les- and the majority of many pediatric California. Today’s minimum wage for sons into the Child Care and Develop- specialists. It is long past time for the a full-time worker is $10,720 per year. ment Block Grant when it is reauthor- federal government to support these This doesn’t begin to cover the cost of ized in the next Congress. We can pass activities. Next year, it is my hope quality early learning opportunities, additional legislation to turn the cur- that we will achieve permanent, full which can be as high as ten thousand rent patchwork of federal child care funding for this essential program. dollars a year. and early learning programs into a Children’s hospitals around the coun- All of us remember a number of years seamless structure directed at one try will benefit from the increased ago when the Governors, Republicans goal—quality services to ensure that funds in this legislation. It will enable and Democrats, met in Charlottesville children enter school ready to learn. these important institutions to con- and announced goals for the Nation in We also must continue expanding Head tinue to be regional and national refer- education. Their first goal is to have Start until it is available to all chil- ral centers for children around the children ready to learn when they dren who need it. country. It will support new and con- enter and first grade, to The health funding in this bill is also tinuing research activities that benefit build the skills they bring to school. a win for the American people. children and adults alike. And, most The skills that little children need to GRADUATE MEDICAL EDUCATION importantly, it will help assure a develop as infants and toddlers self- I will now address the excellent work steady supply of pediatricians and pedi- confidence, self-awareness, some degree that has been done under the balanced atric specialists to treat the nation’s of self-esteem, inquisitiveness in aca- budget act, or BBA, programs, in par- children now and in the future. demics, and, interestingly enough, a ticular the funding level for pediatric With approximately 200 full-time em- sense of humor. graduate medical education. This is ployees in training at any one time, Eleven years ago, Senator MCCAIN not an area that has a history of proper Boston Children’s Hospital has the and I introduced the Military Child federal attention. Last year, it received largest teaching program among inde- Care Act, which turned military child $40 million and virtually no funding pendent children’s hospitals. It has a care into an early learning model for prior to that time. top-notch faculty, and provides excel- the nation. Today’s legislation takes The Program has provided lent teaching, research and patient three important steps toward building the funding for the training of much of care. These funds will assure its con- on that success in civilian America. the American medical personnel who, tinued contribution to health of chil- First, it increases federal child care without question, are the best trained dren in Massachusetts, the nation, and subsidies by 69 percent, enabling states medical personnel in the country. It the world. to remove 150,000 children from waiting was funded through the Medicare sys- NATIONAL INSTITUTES OF HEALTH lists next year. This increase was very tem. The area of pediatrics never made This bill also includes an increase of much patterned upon the child care it, so these children’s hospitals, which 13 percent for the National Institutes initiatives of our colleague, Senator train the majority of pediatricians, had of Health, raising the NIH budget to DODD, and I am deeply grateful for his to provide the additional training serv- more than $20 billion. These new re- leadership on this issue. ices and educational services without sources will enable NIH to increase its Next, this legislation enables 70,000 of the support available to every other support for the medical research that the nation’s most at-risk children to physician training program. is urgently needed to develop new cures participate in , which is That has been significantly corrected for the diseases that afflict millions of highly regarded because it delivers the with this legislation. There are over 50 Americans. promise of early learning so effec- major children’s hospitals across this Massachusetts is a leader in medical tively. The legislation also begins im- country that will benefit from this pro- science. It receives more than one out plementing the Early Learning Oppor- gram. We can be sure that as a result of every ten dollars that NIH spends on tunities Act, which Senator STEVENS, of today’s work, the part of the med- research grants—more than any other Senator JEFFORDS, and Senator DODD ical profession that is focused upon state except California—and Boston re- and I supported over the past two caring for children will be significantly ceives more NIH grant money than any years. This new law provides for paren- advanced, and I commend the appropri- other city in the nation. tal education and support services, in- ators for this. Last year alone, doctors and sci- creased collaboration among early I am particularly pleased with the entists in Massachusetts were awarded leaning providers, and incentives to funding level for pediatric graduate more than $1.5 billion in research improve the quality of early learning medical education. The legislation al- grants from NIH. The new appropria- services. Its goal is to help the nation locates $235 million to support medical tions bill will increase this already im- build an effective infrastructure of education costs incurred by free- pressive total by more than $180 mil- local councils to help each community standing children’s hospitals. This fig- lion, so that Massachusetts will receive evaluate how best to put the research ure is nearly a 500 percent increase an estimated $1.7 billion in NIH re- on infant and toddler brain develop- over last year’s appropriation of $40 search grants in the coming year. ment into practice. million, and puts us much closer to NIH supports essential research The Head Start Program, the Early fully funding the program. across the state. In Boston, research Head Start Program, and the new This program was created last year supported by NIH very recently discov- Early Learning Opportunities Act in- to address the historical inequities in ered an important relationship between cluded in this appropriations bill will federal support for graduate medical the immune system and the brain that improve early learning in important education activities occurring at inde- may lead to better treatments for dis- ways. The Carnegie Commission and pendent children’s hospitals. Until last eases like multiple sclerosis. In other experts who have studied the de- year, the federal government has paid Worcester, NIH funds are helping to velopment of a child’s brain in the for hospital costs related to physician build a new center for cancer research early years, and made a series of rec- training from Medicare. However, be- that will become a leader in this im- ommendations. With this legislation cause children’s hospitals generally portant field. In Cambridge, NIH will we are beginning now to follow up on treat very few Medicare patients, they help support a major new center to these recommendations by investing in were historically and dramatically un- study the nervous system, so that we children at early ages. That is ex- derpaid for teaching activities. Prior to can better understand brain diseases tremely important. enactment of this program, children’s like Alzheimer’s, schizophrenia and de- These steps show important momen- hospitals were given just 1⁄200th of the pression. NIH grants are essential for tum toward turning the research on federal support for teaching activities funding the basic research that is often children’s brain development into sen- that other teaching hospitals received. considered too risky to be funded by sible national policy, and we should Children’s hospitals, which represent private companies, and ensure that the build on this momentum in the next less than one percent of all hospitals in results of this work are available to all Congress. We can learn much more the country, train approximately 30 researchers. S11818 CONGRESSIONAL RECORD — SENATE December 15, 2000 The investment that NIH makes in taken to date to restore the unintended HCFA should only consider whether a medical research is the foundation on cuts made by the Balanced Budget Act majority of Medicare patients with the which the nation’s thriving bio- of 1997, this Congress failed to finish disease or condition actually admin- technology industry is built. More than the job, and we will be back at it again ister the drug to themselves, reversing 250 biotech companies in Massachu- in the 107th Congress. a contrary 1997 policy. This improve- setts provide good jobs for thousands of The record budget surpluses now and ment will help assure that millions of professionals across the state, and con- projected for the years ahead are large- elderly and disabled Americans have tribute millions of dollars every year ly due to the savings achieved by cut- continued access to life-saving and life- to the state’s economy. New partner- ting Medicare payments in the Bal- improving drugs. ships between universities and bio- anced Budget Act of 1997. Those cuts Second, the bill improves coverage technology companies form almost were expected to total $116 billion over for immunosuppressive drugs for Medi- every day, embarking research ideas five years, and nearly $400 billion over care patients who have had an organ from the academic world to be devel- ten years—more than double the transplant. These drugs are needed to oped rapidly into new medical break- amount ever enacted in any previous prevent rejection of the transplanted throughs that will improve the health legislation. organ. Assuring permanent coverage of patients across the nation. In reality, these cuts are now esti- will improve the quality of life for By helping develop new cures for mated to total $200 billion over five transplant patients, and assure a wiser deadly diseases and by fostering the years and more than $600 billion over 10 use of scarce resources and scarce or- important new industry of bio- years. These excessive cuts, combined gans by helping patients to remain technology, the renewed commitment with low payments from private payors healthy after transplantation. to the NIH that we make here today is and programs, have placed CHIP AND MEDICAID an investment that will pay dividends many outstanding health care institu- This legislation also includes several now and for many years to come. tions at risk, and threaten quality of provisions that are important to work- BALANCED BUDGET REFORM ACT care for millions of elderly, disabled ing families whose children are eligible This legislation provides ‘‘financial and low-income Americans. for CHIP or Medicaid. CPR’’ for hospitals, home health agen- In Massachusetts, two out of every First, the legislation includes a redis- cies, nursing homes, and other impor- three hospitals are losing money on pa- tribution mechanism to assure use of tant Medicare providers around the tient care. Community hospitals across the funds allocated to insure low-in- country. It also takes important steps the state are struggling to survive. Key come children through CHIP and Med- to improve access to health care providers are questioning whether to icaid. The formula is fair, and it allows through CHIP and Medicaid, though participate in HMOs, and HMOs are de- all states to benefit from unspent FY98 more is needed. ciding to cut benefits and trim service dollars in a manner that will assure Nearly one million senior citizens areas. continued enrollment of eligible chil- and persons with disabilities depend on Twenty-five percent of home health dren. Those states that have been slow Medicare to provide high-quality care agencies in the state no longer serve to spend their initial CHIP allocation in Massachusetts. The health care in- Medicare patients, and 20 agencies have will now have additional time to spend dustry is a critical component of the closed their doors since the BBA was their FY98 funds by reaching out and state economy. Today, we are saying enacted. The remainder see fewer pa- enrolling more children in these pro- that help is on the way. tients, and see them less often. grams. Those states that spent all of The Medicare, Medicaid and CHIP Forty-three nursing homes have their FY98 dollars because they were Beneficiary Improvement and Protec- closed in Massachusetts since 1998. One able to get their programs up and run- tion Act is the most significant relief in four are in bankruptcy. One in seven ning early will obtain additional funds package since passage of the Balanced nursing positions are unfilled, because to continue their momentum. The re- Budget Act in 1997. Medicare spending Massachusetts nursing homes are un- sult is a win-win for America’s chil- will total $30 billion over five years, able to compete for staff. dren. and spending for Medicaid and the Congress has been slowly restoring The legislation also enables states to Children’s Health Insurance Program these Medicare cuts year-by-year. In immediately enroll uninsured children will total $6 billion. In fact, the net 1998, we included $1.65 billion in the who are potentially eligible for CHIP cost of the entire package is likely to FY99 Omnibus Appropriations bill for or Medicaid in the proper program, be closer to $15 billion over five years, Medicare home health agencies as a while awaiting confirmation of actual because of the offsetting effect of sav- stop-gap measure. The Balanced Budg- eligibility. This step is important for ings achieved by a forthcoming regula- et Refinement Act of 1999 restored $16 improving enrollment rates. Unfortu- tion limiting the ability of states to billion over five years. And the legisla- nately, the bill limits its applicability obtain union funded Medicaid pay- tion we are voting on today takes an to children found only through out- ments. even more significant step toward fix- reach in primary and secondary The savings from the Medicaid regu- ing the problems created by the BBA. schools. There is bipartisan support for lation should be used to expand cov- But it does not finish the job. In fact, a broader proposal that would have ex- erage to low-income populations. I it contains new cuts for hospitals and tended presumptive eligibility to a va- strongly support the provider relief in nursing homes. Clearly, we will need to riety of other programs where unin- this package, but I am disappointed revisit this issue in the 107th Congress. sured eligible children or their parents that the Republican leadership opposed There is no need to turn funding for en- are likely to be identified, including bipartisan efforts to enable states to titlement programs into an annual ap- child care resource centers, child sup- extend health benefits to low-income propriations process, but that is pre- port agencies, housing agencies, and pregnant women and children who are cisely what this annual exercise has homeless shelters. We will pursue this legal immigrants, but who would oth- unfortunately become. and other CHIP and Medicaid outreach erwise be eligible for CHIP and Med- In addition to the much-needed pro- and enrollment improvements next icaid. In addition, the Republican lead- vider relief contained in this legisla- year. ership refused to include the bipartisan tion, it also includes two other impor- Finally, the legislation extends for Grassley-Kennedy Family Opportunity tant improvements in Medicare bene- one additional year the Transitional Act, which would have enabled children fits. First, it requires Medicare cov- Medical Assistance program, which al- with disabilities to obtain or maintain erage of drugs that are not usually self- lows families who are leaving welfare health coverage through Medicaid. administered by a patient. This change for work to maintain Medicaid cov- Massachusetts providers have esti- restores and preserves coverage for cer- erage during the transition. Most post- mated that they will receive approxi- tain drugs that are vital for senior citi- welfare jobs do not offer health insur- mately $450 million—close to half a bil- zens and persons with debilitating ance. We must do all we can to see that lion dollars—over the next five years as chronic illnesses. This provision will ‘‘ending welfare as we knew it’’ does a result of this legislation. While it is ensure that in determining whether a not contribute to America’s already the most significant step Congress has drug is usually self-administered, shameful uninsured rate. December 15, 2000 CONGRESSIONAL RECORD — SENATE S11819 LOW INCOME HOME ENERGY ASSISTANCE unfinished agenda of the 106th Congress surance programs. It did not provide I’m pleased that this year’s final is so long. coverage of prescription drugs under budget agreement includes $1.4 billion We still lack a Patients’ Bill of Medicare. And it did not significantly to help families heat their homes this Rights, leaving HMO’s free to sacrifice expand insurance coverage for the un- winter under the Low Income Home families’ health needs in favor of their insured. Now it is up to the new Con- Energy Assistance Program. Massachu- own economic interests. gress that will assemble in January to setts needs this 28 percent increase in We still lack a prescription drug ben- do better. These three issues should be its block grant to help more families efit for seniors, leaving our parents and top priorities. cope with higher heating costs this grandparents vulnerable to drug-com- Prompt passage of a patients’ bill of winter. Combined with LIHEAP emer- pany extortion for drugs they need to rights is critical for every one of the gency funds that the Clinton Adminis- stay alive. 161 million Americans with private tration has already made available in We still lack a plan to reduce med- health insurance coverage. Every day anticipation of this winter’s needs, I ical errors, leaving thousands of hos- that Congress fails to act more pa- am hopeful that the regular and emer- pital patients to die needlessly each tients suffer. gency LIHEAP funding contained in year. A survey by the School of Public this budget deal should enable low-in- We still lack a fair minimum wage, Health at the University of California come families to heat their homes leaving people who work full time all found that every day—each and every throughout the winter that is already year in difficult jobs to raise their chil- day—50,000 patients endure added pain upon us. I regret that this year’s budg- dren in poverty. and suffering because of their actions et agreement does not contain expected We still lack common-sense gun of their health plan. For 35,000 pa- advance funding for the winter of 2002, laws, leaving school children vulner- tients, needed care is delayed, or even so that families can plan ahead for able to ambush. denied all together. Thirty-five thou- heating assistance next year. I intend We still lack strong laws against sand patients have a specialty referral to do all I can to see that Congress cor- hate crimes, leaving the most vulner- delayed or denied. Thirty-one thousand rects this omission as part of a supple- able people in our society open to the patients are forced to change doctors. mental spending bill early next year or most brutal acts imaginable. Eighteen thousand patients are forced as part of the broader national energy We still lack basic fairness in many to change medications because of HMO policy reevaluation likely to begin in of our immigration laws, leaving our abuses. the new Congress. For this winter, proud heritage and noble ideals out in A survey of physicians by the Kaiser though, today’s budget agreement re- the cold with so many huddled masses. Family Foundation and the Harvard mains a significant step forward for We still lack the most basic protec- School of Public Health found similar LIHEAP and the families who depend tion for women’s work, leaving more results. Every day, tens of thousands of on it. women to raise their children in pov- patients suffer serious declines in the their health as the result of the ac- NEW MARKETS INITIATIVE erty because they consistently earn The New Markets Initiative is an- less than their male colleagues. tion—or inaction—of their health plan. Whether the issue is diagnostic tests, other key bipartisan agreement in- We still lack a plan to protect peo- specialty care, emergency room care, cluded in this legislation. I am pleased ple’s privacy in the digital age, leaving access to clinical trials, availability of that the Congress has joined President our medical, consumer, and other per- sonal information exposed to market needed drugs, protection of doctors Clinton in his efforts to revitalize who give patients their best possible those communities that have been left demands. Also left unresolved are major Medi- advice, or women’s ability to obtain behind at this time of record pros- gynecological services—too often, in perity, and I commend Speaker care and Social Security reforms that must be enacted now if we are to avoid all these cases, HMOs and managed HASTERT for his leadership in reaching care plans make the company’s bottom a crisis for the seniors of 2025 and be- this agreement. line more important than the patient’s This initiative increases the low-in- yond. I also believe that we should still vital signs. These abuses should have address how to provide some tax relief come housing tax credit, which is long no place in American medicine. Every for many families who bear a par- overdue in light of its strong bipartisan doctor knows it. Every patient knows ticular financial burden because they support. With the growing regional and it. And in their hearts, every member need to provide long term care for their national economy, housing prices are of Congress knows it. rising faster in Massachusetts than in loved ones. The House passed a Patient Bill of any other state. We must increase pro- Every item on this list remains of Rights—the Norwood-Dingell bill—that duction in new affordable housing units vital importance to the nation. I must effectively addressed these abuses. A to meet the overwhelming demand, and elaborate on a several of them. solid bi-partisan majority of Congress an increase in the credit is critical. Unfortunately, the leadership of the supported the legislation. It is en- The agreement also accelerates the pri- 106th Congress turned its back on dorsed by 300 groups representing doc- vate activity bond cap, which will also America’s families who are raising tors, nurses, patients and advocates for support increased development of af- children with disabilities. The Family women, children, and families. But in fordable housing, as well as industrial Opportunity Act has sweeping bipar- the Senate, it has been blocked by the development. tisan support in both chambers, includ- insurance industry and the Republican The initiative also creates 40 Re- ing more than three-fourths of the Sen- leadership. The new Senate, the new newal Communities and 9 new Em- ate. There is no reason that this legis- Congress, and the new President have powerment Zones—all of which provide lation should not have become law this an obligation to pass this legislation tax incentives for development in those year. Although Congress let American into law. parts of the country that have strug- families down this year, I look forward This is an issue which hopefully, gled while others have prospered. to working with Senator GRASSLEY given the strong voting and interests of Overall, this final budget agreement again next year to ensure that no fam- our colleagues and their constituents, includes so many major achieve- ily in this nation has to turn down we will be able to resolve in a bipar- ments—from Class Size reduction to jobs, turn down raises, or give up cus- tisan way during the next Congress. Pediatric Graduate Medical Education tody of their disabled child to get the The Congress’ failure to provide pre- to dislocated worker assistance to New health care each child deserves. scription drug coverage to our nation’s Markets development—that the value Few issues touch Americans more senior citizens is also unacceptable. of each part will only become apparent deeply than quality health care for Senior citizens need a strong drug ben- over time. Yet even as we celebrate the themselves and their loved ones. This efit under Medicare. They earned it by progress made by this legislation, we Congress failed to fulfill its responsi- a lifetime of hard work. They deserve must also recognize that it is only a bility to act on three great health it. And Congress and the new President small part of the work that the public issues. It did not pass a strong, effec- owe it to them to act. expects us to complete. I share the con- tive patients’ bill of rights to end the Too many elderly Americans today cern of many of my colleagues that the abuses of managed care and other in- must choose between food on the table S11820 CONGRESSIONAL RECORD — SENATE December 15, 2000 and the medicine they need to stay Despite the gaps in Medicare and the bodies. As a result, they are 50 percent healthy or to treat their illnesses. Too abuses of many private insurance more likely to die of the disease. many senior citizens take half the pills plans, those who have insurance cov- Overall, eighty-three thousand Amer- their doctor prescribes, or don’t even erage from these sources are still more icans die each year because they have fill needed prescriptions —because they fortunate than the 43 million of their no insurance. The lack of insurance is can’t afford the high cost of prescrip- fellow citizens who have no health in- the seventh leading cause of death in tion drugs. surance at all. America today. Our failure to provide Too many seniors are paying twice as It’s a national disgrace that so many health insurance for every citizen kills much as they should for the drugs they Americans find the quality of their more people than kidney disease, liver need, because they are forced to pay health determined by the quantity of disease, and AIDS combined. full price, while almost everyone with their wealth. In this age of the life Passage of the CHIP program in 1997 a private insurance policy benefits sciences, the importance of good med- opened the door of health insurance to from negotiated discounts. Too many ical care in curing disease and improv- a large majority of the 10 million unin- seniors are ending up hospitalized—at ing and extending life is more signifi- sured children—but too many children immense cost to Medicare—because cant than ever. Denying any family the eligible for CHIP and Medicaid have they aren’t receiving the drugs they health care they need is unacceptable. still not been enrolled. Legislation I need at all, or can’t afford to take Every other industrialized society in sponsored with Congressman John Din- them correctly. Pharmaceutical prod- the world except South Africa achieved gell would have substantially increased ucts are increasingly the source of mir- that goal in the 20th century—and enrollment of eligible children in acle cures for a host of dread diseases, under Nelson Mandela and Thabo CHIP. It would have encouraged states but millions of senior citizens are Mbeki, South Africa has taken giant to make more children eligible, and being left out and left behind because steps toward universal health care would have provided assistance to the Congress fails to act. today. But in our country, the law of low and moderate income uninsured The crisis that senior citizens face the jungle still too often prevails. parents of these uninsured children. today will only worsen if we refuse to Forty-three million of our fellow citi- This legislation received a vote of the act, because insurance coverage con- zens are left out and left behind when majority of the members of the Senate, tinues to go down, and drug costs con- it comes to health insurance. but it was defeated on a procedural mo- tinue to go up. The dishonor roll of suffering created tion. Twelve million senior citizens—one by this national problem is a long one. Today, our opportunity to end these third of the total—have no prescription Children fail to get a healthy start in millions of American tragedies is drug coverage at all. Surveys indicate life because their parents cannot afford greater than ever before. Our pros- that only half of all senior citizens the eyeglasses or hearing aids or doc- perous economy gives us large new re- have prescription drug coverage tor’s visits they need. sources to invest in meeting this crit- throughout the year. Coverage through A young family loses its chance to ical need. Recently, some Republicans employer retirement plans is plum- participate in the American dream, in Congress have finally joined Demo- meting. Medicare HMOs are drastically when a breadwinner is crippled or dies crats in urging our country to meet the cutting back. Medigap plans are priced because of lack of timely access to challenge of providing health coverage out of reach of most seniors. The sad medical care. to the 43 million Americans who are fact is that the only senior citizens A teenager is condemned to go with- left out and left behind. President-elect who have stable, reliable, affordable out a college education, because the George Bush and Vice President AL drug coverage are the very poor on family’s income and energy are sucked GORE both campaigned on a pledge to Medicaid. away by the high financial and emo- expand health insurance coverage for Prescription drug costs themselves tional cost of uninsured illness. the uninsured. I regret that this Con- are out of control. Since 1996, costs An older couple sees its hope for a gress did not take substantial steps to have grown at double-digit rates every dignified retirement dashed, when the end this American tragedy, but it year. Last year, the increase was an savings of a lifetime are washed away should be at the top of the agenda of unacceptable 16 percent, while the in- by a tidal wave of medical debt. the new Congress and the new Adminis- crease in the CPI was only 2.7 percent. Even in this time of unprecedented tration. No wonder access to affordable pre- prosperity, more than 200,000 Ameri- The minimum wage ranks at the top scription drugs has become a crisis for cans annually file for bankruptcy be- of the list as well. Our leader, in a so many elderly Americans cause of uninsured medical costs. And meeting of our Democratic caucus, in- In the face of this declining coverage the human costs of being uninsured are dicated this afternoon that one of his and soaring cost, more and more senior often just as devastating. great disappointments in this session is citizens are being left out and left be- In any given year, one third of the failing to provide an increase in the hind. The vast majority of the elderly uninsured go without needed medical minimum wage for the 13 million are of moderate means. They cannot care. Americans who need and deserve an in- possibly afford to purchase the pre- Eight million uninsured Americans crease. The last time we increased it scription drugs they need if serious ill- fail to take the medication that their was 1997. We have had unparalleled eco- ness strikes. doctor prescribes, because they cannot nomic prosperity before and since. We Fifty-seven percent of seniors have afford to fill the prescription. have had record low unemployment. incomes below $15,000 a year, and 78 Four hundred thousand children suf- We have had stability in inflation. It is percent have incomes below $25,000. fer from asthma but never see a doctor. inexcusable that we have not increased Only 7 percent have incomes above Five hundred thousand children with the minimum wage for these workers. I $50,000 a year. The older they are, the recurrent earaches never see a doctor. am strongly committed to working more likely they are to be in poor Another five hundred thousand chil- with our colleagues to address that sit- health—and the more likely they are dren with severe sore throats never see uation in the new Congress. to have very limited income to meet a doctor. I join our Democratic leader in ex- their health needs. Thirty-two thousand Americans with pressing my deep disappointment in Few if any issues facing the next heart disease go without life-saving the failure of this Congress to increase Congress are more important than giv- and life-enhancing bypass surgery or the minimum wage. A fair increase is ing the nation’s senior citizens the angioplasty—because they are unin- long overdue. It is urgently needed to health security they have been prom- sured. improve the lives of over ten million ised. The promise of Medicare will not Twenty-seven thousand uninsured hard-working, low-wage earners in this be fulfilled until Medicare protects sen- women are diagnosed with breast can- country. It is shameful that Congress ior citizens against the high cost of cer each year. They are twice as likely is holding the increase hostage to tax prescription drugs, in the same way as insured women not to receive med- cuts for the wealthy. It is even more that it protects them against the high ical treatment before their cancer has shameful that Congress recently acted cost of hospital and doctor care. already spread to other parts of their to raise its own pay for the third time December 15, 2000 CONGRESSIONAL RECORD — SENATE S11821 in four years—yet they have not found value of the minimum wage is now ability to speak, and even the ability time in the past three years to give $2.90 below what it was in 1968. To have to breathe. Life simply evaporated any pay increase at all to the lowest the purchasing power it had in 1968, the from Kevin O’Donnell’s body. paid workers. minimum wage would have to be at When he came in to see me those The long period of inaction comes at least $8.05 an hour today, not $5.15. years ago, he had a very simple re- a time when the country as a whole is We will never give up or give in on quest—so logical I could not conceive enjoying unprecedented prosperity— this issue, because it is an issue of fun- of an argument against it. While he the longest period of economic growth damental fairness. We will be back was waiting to die, not only was his in the nation’s history and the lowest next year with a new bill to raise the life leaving him but the financial secu- unemployment rate in three decades. minimum wage. I hope that the new rity of his family. Nursing care, med- In these strong economic times, Con- Congress will act as quickly as possible ical assistance, things to ease the pain, gress should not be acting like to pass a fair increase that reflects the to maintain some dignity in life, to Scrooge. losses suffered as the result of our provide relief for his wife and his fam- Millions of low income workers have shameful inaction this year. ily, were costing thousands of dollars. dedicated their lives to building this President-Elect Bush has emphasized But under the rules of Medicare, he strong economy. Yet, in many cases many of these priorities, and I look for- could not begin to receive any assist- they have been forced to labor for in- ward to working with him. The lesson ance for 2 years. The life expectancy creasingly longer and longer hours, of the legislation before us today is for 90 percent of ALS sufferers is only with less and less time to spend with that when we fail to consider each oth- 3 years, 4 years. Most of the people who their families, and without sharing er’s ideas, only gridlock results—but have ALS do not live beyond the wait- fairly in the nation’s prosperity. Pov- when we work together for the nation’s ing period in Medicare to get help. This erty has almost doubled among full- good, the result is the kind of progress never could have been anticipated. It time, year-round workers since the late that makes us all proud to serve the never could have been even imagined 1970s—from about 1.5 million then to American people. by people in Medicare when these regu- almost 3 million in 1998—and an unac- The PRESIDING OFFICER (Mr. lations were written. And because ceptably low minimum wage is part of ABRAHAM). The Senator from Nevada. there is no other disease quite like it, the problem. f the regulations have never been Minimum wage employees working 40 changed. hours a week, 52 weeks a year, earn ORDER FOR RECESS A person can have heart disease or only $10,700 a year—$3,400 below the Mr. REID. Mr. President, due to the cancer, and they may be at great risk, poverty line for a family of three. At delay in consideration of the final ap- but they can live 2 years. With the that rate, minimum wage workers now propriations bill, I ask unanimous con- right treatment, they can live 5, 10, 20 fail to earn enough to afford adequate sent that the Senate stand in recess years; at least the chances are always housing in any area of this country. until the hour of 4 p.m., following the good. With ALS, the outcome of the Waitresses, teacher’s aides, child care remarks of Senator TORRICELLI from disease is nearly certain that the life workers, elder care workers and all . expectancy is not long and most will other employees deserve to be paid The PRESIDING OFFICER. Without not live to ever see their first dollar of fairly for the work they do. No one who objection, it is so ordered. Government help. works for a living should have to live Mr. REID. I suggest the absence of a I brought this cause to many of my in poverty. quorum. colleagues in the Congress. There are By failing to increase the minimum The PRESIDING OFFICER. The 28 Members in the Senate—16 Demo- wage, Congress has broken its promise clerk will call the roll. crats and 12 Republicans—and over 280 to American workers. We are denying The bill clerk proceeded to call the Democrats and Republicans in the them just compensation for their many roll. House of Representatives who have contributions to building a strong na- Mr. TORRICELLI. Mr. President, I joined in this effort to help those peo- tion and a strong economy. ask unanimous consent that the order ple around the country who are strick- We have broken our promise to for the quorum call be rescinded. en with Lou Gehrig’s disease. women, since 60 percent of minimum The PRESIDING OFFICER. Without Today, I rise to thank Senator LOTT wage earners are women. objection, it is so ordered. and Speaker HASTERT for their gen- We have broken our promise to peo- f erous help, and Congressman GEP- ple of color, because 16 percent of those HARDT, Senator DASCHLE, Senator ASSISTANCE FOR ALS PATIENTS who would benefit from a minimum BYRD, Senator REID—the bipartisan wage increase are African American Mr. TORRICELLI. Mr. President, 3 leadership—for offering some help to and 20 percent of those who would be years ago, during a visit by a con- those who suffer from this disease in helped are Hispanic. stituent, I met a young man from this country. We have broken our promise to chil- southern New Jersey named Kevin But most importantly, I am also very dren, because 33 percent of minimum O’Donnell. I have shared his story with indebted to President Clinton, who wage earners are parents with children. the Senate before. But on this day, made this a critical priority in budget In America today, 4.3 million children having met with some success, I share negotiations. Specifically, I thank live in poverty, despite living in a fam- it with you again. members of the White House staff, ily where someone works full-time, Five years ago, Kevin was 31 years Chris Jennings and Rich Tarplin, who, year-round. old. He was a young father, a husband under the President’s direction, fought And we have broken our promise to of a lovely woman, and in perfect to give some help to these Lou Gehrig’s the American family, because too health. He took his daughter skiing disease patients. many parents are required to spend one day and upon returning home felt a I have spoken on this floor many more and more time away from their pain in his leg. It continued over a pe- times about this cause. For me, this families to make ends meet. On aver- riod of time, bothering him, so he went was a victory that was going to be won age, Americans are working 416 more to visit the doctor. You can only imag- before this session of Congress ended— hours in 1999 then they were in 1979. ine the shock when this perfectly no matter what. Each year we fail to act on the min- healthy young man—father of this lit- When I began this effort some years imum wage, families across the coun- tle girl—discovered he had been strick- ago, I stood outside the Senate Cham- try fall farther behind. As the result of en with ALS, known to most of us as ber with people in wheelchairs, strick- not implementing the dollar increase Lou Gehrig’s disease. en with ALS, in a variety of condi- we first proposed three years ago, when Since that day, Kevin O’Donnell’s tions. As I stand here today to declare the clock strikes midnight on the De- wife and daughter have watched the victory, I am mindful of the fact that cember 31st, minimum wage workers life flow out of his body. Going from a most of those who stood with me when will have lost over $3000 because of the healthy young man, they watched him this effort began are now deceased. inaction by Congress. Today, the real lose control of his legs and arms, the With their own lives, they proved the S11822 CONGRESSIONAL RECORD — SENATE December 15, 2000 importance of the legislation. They gether closer to home, protecting and LINCOLN HIGHWAY STUDY ACT OF said they could not live the 2 years to restoring the precious waters of Lake 1999 ever receive the Medicare assistance to Champlain—a glacially-carved jewel of help ease the financial burden on their New England that spans 120 northern families. Most of them proved it with miles between our neighboring states, DILLONWOOD GIANT SEQUOIA their lives. half claimed on my side, half claimed GROVE PARK EXPANSION ACT Today, the CBO estimates that there on his. are 17,000 ALS patients waiting to be- Mr. DOMENICI. Mr. President, I ask come eligible for Medicare. With the Twenty-four years of distinguished unanimous consent that the Senate passage of this bill, their wait will end, service in the now proceed en bloc to the following and with it the anguish of calculating would be a legacy in and of itself for two bills: H.R. 2570 and H.R. 4020. how to afford the $250,000 in annual any man. Yet my colleague, Senator The PRESIDING OFFICER. The medical bills while they are also deal- MOYNIHAN, has done so much more. He clerk will report the bills by title. ing with the anguish of their disease. served our country for a full twenty The assistant legislative clerk read For me, it is the end of a long fight, years in the Naval Reserve, with three as follows: where I can tell Kevin O’Donnell: You years of active Navy duty at the end of A bill (H.R. 2570) to require the Secretary began it, you fought it, and we won. the second World War. He has been a of the Interior to undertake a study regard- And in your victory comes relief for Fulbright Scholar and a professor of ing methods to commemorate the national 17,000 people just like you. significance of the United States roadways government at Harvard University. He that compromise the Lincoln Highway, and To all my colleagues who have has the unique distinction of serving in for other purposes; helped, I give you my most sincere four successive Presidential adminis- A bill (H.R. 4020) to authorize the addition thanks and leave you with the words of trations—the only person in American of land to Sequoia National Park, and for former President Thomas Jefferson, in history to have ever done so. He rep- other purposes. 1809, who said about service in Govern- resented our country as a distinguished There being no objection, the Senate ment: Ambassador to India, a representative proceeded to consider the bills. The care of human life and happiness . . . to the United Nations, and President of Mr. DOMENICI. Mr. President, I ask is the first and only legitimate object of the U.N. Security Council. He has consent that the amendment No. 4365 good government. served on countless public and private to H.R. 4020 be agreed to, the bills be Mr. President, there is relief for ALS sector commissions, committees, and read the third time and passed, the mo- patients in this bill. That is good gov- panels, addressing issues from edu- tions to reconsider be laid upon the ernment. cation to science to finance. Most re- table, and any statements relating to I yield the floor. cently, he chaired the Commission on the bills be printed in the RECORD with f Protecting and Reducing Government the above occurring en bloc. Secrecy—a key commission that exam- The PRESIDING OFFICER. Without RECESS ined our nation’s secrecy laws and led objection, it is so ordered. The PRESIDING OFFICER. Under to his authorship of ‘‘Secrecy: The The amendment No. (4365) was agreed the previous order, the Senate will now American Experience.’’ This book joins to, as follows: stand in recess until 4 p.m. the seventeen other works of literature Strike all after the enacting clause and in- sert the following: Thereupon, at 2:43 p.m., the Senate that my friend and colleague has writ- recessed until 4:02 p.m.; whereupon, the ten or edited. SECTION 1. ADDITION TO SEQUOIA NATIONAL Senate reassembled when called to PARK. order by the Presiding Officer (Mr. What I will miss in many ways are (a) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the KYL). those special times we would have when some Members would gather in Secretary of the Interior shall acquire by do- The PRESIDING OFFICER. The Sen- nation, purchase with donated or appro- ator from Nevada. the Senate dining room and a person priated funds, or exchange, all interest in Mr. REID. Mr. President, I suggest would bring up a question of history; and to the land described in subsection (b) the absence of a quorum. then we would receive a tutorial from for addition to Sequoia National Park, Cali- The PRESIDING OFFICER. The Professor MOYNIHAN. I see my good fornia. clerk will call the roll. friend, the deputy Democratic leader, (b) LAND ACQUIRED.—The land referred to The assistant legislative clerk pro- on the floor, the Senator from Nevada, in subsection (a) is the land depicted on the ceeded to call the roll. map entitled ‘‘Dillonwood’’, numbered 102/ smiling because he knows what those 80,044, and dated September 1999. Mr. LEAHY. Mr. President, I ask were like. I recall a couple times when (c) ADDITION TO PARK.—Upon acquisition of unanimous consent that the order for we had so many Democrats and Repub- the land under subsection (a)— the quorum call be rescinded. licans crowded into the Democratic (1) the Secretary of the Interior shall— The PRESIDING OFFICER. Without part of the dining room to hear Sen- (A) modify the boundaries of Sequoia Na- objection, it is so ordered. ator MOYNIHAN tie together something tional Park to include the land within the park; and f from the time of Franklin Roosevelt (B) administer the land as part of Sequoia through Ronald Reagan, to the current RETIREMENT OF SENATOR DANIEL National Park in accordance with all appli- time, and show what the connection PATRICK MOYNIHAN cable laws; and was, somebody would have to call up to (2) The Secretary of Agriculture shall mod- Mr. LEAHY. Mr. President, it is with the Senate Chamber and explain, keep ify the boundaries of the Sequoia National great sorrow, but also great pride, that the rollcall going a bit longer; at least Forest to exclude the land from the forest this Senate retires one of its most elo- a quorum of the Senate has to hear the boundaries. quent, learned, and successful Mem- end of this story before we can come to The bills (H.R. 2570 and H.R. 4020, as bers—the senior Senator from New vote. amended) were read the third time and York, DANIEL PATRICK MOYNIHAN. passed. I have known my distinguished col- My good friend will be missed in the Mr. DOMENICI. I suggest the absence league for over two decades, admiring Senate, but I wish him well and envy of a quorum. his compassion, his dedication, and his him the time he will now have to spend The PRESIDING OFFICER. The acumen on key issues, from environ- with his lovely wife of 44 years, Liz, his clerk will call the roll. mental protection to social, racial, and three wonderful children, and his pre- The assistant legislative clerk pro- economic justice for all. It has been an cious grandchildren. I join the entire ceeded to call the roll. honor and education to have worked Senate and this Nation in wishing Sen- Mr. LEAHY. Mr. President, I ask with him on the critical issues of eradi- ator MOYNIHAN well in his new life and unanimous consent that the order for cating poverty, elevating human commending him for his tireless dedi- the quorum call be rescinded. rights, and promoting peace around the cation and service to the people of this The PRESIDING OFFICER. Without world. He and I have also worked to- country and our world. objection, it is so ordered. December 15, 2000 CONGRESSIONAL RECORD — SENATE S11823 RETIREMENT OF SENATOR BOB Agriculture Committee, he and I sion, though we will miss his candor, KERREY fought hard to protect family farmers his wit, and his strong advocacy for Mr. LEAHY. Mr. President, last Jan- in our Nation. Even if we had regional families and children in the Senate. uary we were told that Senator BOB differences which might divide us, his BOB KERREY has served his country KERREY was going to retire from the advocacy was always so strong, you well as a member of the elite Navy Senate this year. I remember saying to had to listen. SEALs in Vietnam, as Governor of Ne- him that I wished it were not so, but His next move is north, actually get- braska, and as a United States Senator knowing BOB as well as I did, I under- ting a little closer to my home, where for two terms. Though I once heard stood the reasons. he is going to become president of the him refer to it modestly as ‘‘what- BOB KERREY has been an invaluable New School University in New York. ever,’’ the Congressional Medal of Member of this body. He has advocated The New School has a reputation for Honor he earned for service in Vietnam for improvements in education. He has intellectual freedom and innovation, is a testament to his strength in the worked in a bipartisan way to reform the belief that education can be used as face of adversity and an intense love Medicare and has been willing to speak a tool to produce positive changes in for this country, qualities he has up about the things necessary to re- society. There cannot be a better lead- brought with him to the Senate. form it. He has helped to improve the er for the New School. This really is a In this body, he has accomplished a lives of farmers in Nebraska. And he case where the Senate’s loss is the New great deal in a short time. As the vice has been a forceful voice on America’s School’s gain. chairman of the Senate Select Com- role throughout the world. I first met BOB KERREY when he was mittee on Intelligence, BOB continued But I understand and respect his de- running for the Senate and I went out to protect and defend our national se- sire to fulfill those spiritual needs that to Nebraska as chairman of the Senate curity interests, fighting for strong are often ignored in politics and to Agriculture Committee to campaign encryption measures. As a co-chairman focus more on his personal and family for him along with the Senator from of the IRS Restructuring Committee, life. As a proud father and grandfather, Nebraska, Mr. Jim Exon. When we BOB spearheaded reform legislation de- I, too, want to spend time with family. went out—BOB KERREY probably won’t signed to improve the relationship be- So we can all respect and appreciate mind me mentioning this—we were tween taxpayers and the IRS. On the his decision, though we are going to using Willie Nelson’s airplane. BOB Agriculture Committee, BOB and I miss his candor, his wit, and his strong KERREY was the former Governor of fought hard together to protect family advocacy for families and children in Nebraska, extremely popular, well farmers in our Nation. Though regional the Senate. I will miss one who was known, running for the U.S. Senate; differences sometimes divided us, I re- willing to stand up on the most explo- Jim Exon, then the senior Senator of spected BOB’s strong advocacy for sive issues of our time and speak out Nebraska, former Governor; and of farmers in Nebraska. forthrightly, whether popular or not. course in farm country, I was there BOB’s next move is north, where he He served this country well as a wearing my hat as chairman of the will plan to become president of New member of the elite Navy Seals in Senate Agriculture Committee. School University in New York. The Vietnam, was Governor of Nebraska, We flew up to a small town in Ne- New School has a reputation for intel- and a U.S. Senator for two terms. braska in Willie Nelson’s airplane. The lectual freedom, innovation and the be- I once heard him refer to it modestly tail insignia was well known. When we lief that education can be used as a as ‘‘whatever,’’ but the ‘‘whatever’’ was got off that airplane, a huge crowd was tool to produce positive changes in so- the Congressional Medal of Honor he gathered. We thought: Boy, this is it: ciety. I could not think of a better earned for service in Vietnam. It is a Former Governor KERREY, Senator Jim leader for the New School. The Sen- testament to his strength in the face of Exon, Chairman . Man, ate’s loss is their gain. adversity and intense love he has for no wonder they turned out. f this country. It is a call he brought As we got off the plane, they kept SENATOR CHUCK ROBB with him to the Senate. looking and kept looking, until finally A photograph I took once sticks in it was obvious we were all off the Mr. LEAHY. Mr. President, earlier my mind. It was of BOB KERREY at the plane. There was a look of disappoint- today Senator CHUCK ROBB of Virginia Inaugural, standing—suit, tie, over- ment in the crowd. Finally, somebody spoke on this floor. I worked with him. coat, hat—and around his neck was expressed the disappointment: Where’s I have admired him since he came to something that very few Americans Willie Nelson? I thought you guys had the Senate over 12 years ago. I talked ever got to wear, the Congressional Willie Nelson with you. with this former marine at the time Medal of Honor. It is not something But, notwithstanding the fact that I my own son joined the Marine Corps about which any of us ever heard BOB was partially responsible for dis- and was touched that he always asked brag. But it has been my experience appointing the crowd, BOB KERREY’s for progress reports on his career in the that people who win the Congressional abilities and brilliance were so well Marines. Medal of Honor are really never the known in Nebraska that he survived He is only the fourth person from the people who do brag. my campaigning for him and he won State of Virginia to serve as both Gov- I thought that here, in these extraor- that seat resoundingly and served his ernor and U.S. Senator, and he came to dinary times of our Nation’s history, second term. We have been friends ever Washington ready to build on a distin- every 4 years the Inauguration of a since. guished career in public service. In President, what BOB was saying was: I I admire him as I have admired few 1961, he joined the Marines as an infan- am standing up as an American saying people in my public career. I hate to try company commander in Vietnam, how proud we are of this democracy as see him go. saw combat, and was in harm’s way we go forward with our form of govern- As I said, I was saddened to learn time and time again. He demonstrated ment—a government and a country he that BOB KERREY was retiring from the the kind of determination and stamina risked his life to defend. Senate this year. BOB KERREY has been that would characterize his political What has he accomplished at this an invaluable Member of this body, ad- career. In Vietnam, people depended on short time? Vice chairman of the Sen- vocating for improvements in edu- his leadership for their life, literally. ate Select Committee on Intelligence cation, working to reform Medicare, He then served Virginia as Lieutenant where he protected and defended our and helping to improve the lives of Governor and Governor before being national security interests and fought farmers in Nebraska. But I understand elected to the U.S. Senate. In fact, it is for issues from encryption to better in- and respect his desire to fulfill spir- fair to say his tenure as Governor laid telligence. As cochairman of the IRS itual needs that are often ignored in the basis for Virginia to become such a restructuring committee, BOB spear- politics and to focus more on his per- leader today in the high-tech industry. headed reform legislation designed to sonal and family life. As a proud father During his time here in Washington, improve the relationships between tax- and grandfather, I know what it’s like he has shown his dedication and con- payers and the IRS, something that af- to long to spend time with family. We cern for our men and women in the fects every single American. On the can all respect and appreciate his deci- military, fighting for a strong defense S11824 CONGRESSIONAL RECORD — SENATE December 15, 2000 while advocating fiscal responsibility. Joint Economic Committee and the Se- into session with a number of new Sen- He has been a proponent for improve- lect Committee on Intelligence he has ators and in a unique situation of a 50– ment in our Nation’s public schools, served the Senate well. 50 Senate. fighting for more teachers, increased Senator ROBB has faced several tough Governor Bush and former Secretary school construction, and school safety. political battles and cast many dif- Cheney need time to work with the Re- He has also been a against ficult votes during his time in office— publicans in the Senate and the House discrimination. He led the fight to end all the while he has been determined to as they put together their administra- injustice to African American farmers balance the interests of his state with tion. Of course, I hope and expect they who faced discrimination by the Agri- the well-being of the nation. will also be in contact with those of us culture Department and voted against It has been an honor and privilege to on this side of the aisle. There is a lot moves to end affirmative action pro- work with him over the last years. I facing this Nation, and we have to grams by the Federal Government. In know he is going to be sorely missed by work on that. all these things, he showed the same our colleagues in the Senate. VISIT TO IRELAND dedication to his country in a legisla- I will miss having the chance to get I was privileged this week to spend 48 tive position that he had shown to his advice and encouragement from him on hours out of the country with some State in his executive position as Gov- the Senate floor, but I know I will still other Members of the Senate and the ernor, as a member of the Armed Serv- have that available to me throughout House accompanying President Clinton ices Committee, Foreign Relations and the remaining years of my Senate ca- on a visit to the Republic of Ireland Finance Committees, and the Joint reer. and Northern Ireland. It was remark- Economic Committee and Select Com- Mr. President, what is the parliamen- able to see how people reacted to the mittee on Intelligence. He served this tary situation now, as we go down to President. He was accompanied by one body, the Senate, so well, and in turn these waning hours and we hear the of our Senators-elect, in this case the our whole Nation. choral group downstairs practicing Senator-elect from New York, HILLARY I think of the tough political battles Christmas carols? RODHAM CLINTON, although I think she he has faced. I think of the difficult The PRESIDING OFFICER. I would was there more in her capacity as First votes during his time in office, how he like to advise the Senator from Lady. had to balance the interests of his Vermont that earlier the Senate had It was interesting to see the reaction State with the well-being of the Na- been conducting morning business. of the people in Ireland, both in the Re- tion. But I can remember so many That order has expired. public and in Northern Ireland, both in times on this floor when a vote would Mr. LEAHY. Is my understanding the Catholic community and the come up where, politically, CHUCK correct, though, that I am still able to Protestant community. The President ROBB could have ducked and ran and maintain the floor without slowing was greeted as he should be, as a hero voted a different way. He did not, any- down the vital business of the Senate? in Ireland because more than any more than he would have when he was The PRESIDING OFFICER. The Sen- President perhaps since John Fitz- in combat in Vietnam. He would stay ator is correct. gerald Kennedy, he has shown a real in- on the floor, he would state his posi- Mr. LEAHY. Am I also correct there terest in Ireland. tion, and you would see the marine; is no particular vital business pending He has become personally and inti- you would see the character; you would at the moment? mately involved in trying to stop the see the steel. He would stand up and do The PRESIDING OFFICER. At the sectarian damage, carnage, killings, what his conscience told him was the moment, the Senator is correct. and murders in Northern Ireland. He right thing. f sent our distinguished former colleague Mr. President, I pay tribute to a man and former majority leader of the Sen- WRAPPING UP THE SESSION I have worked with and admired since ate, George Mitchell, on countless trips he came to the Senate over twelve Mr. LEAHY. Mr. President, you know to Northern Ireland helping to broker years ago. As only the fourth person I think the world of all my colleagues. the peace agreement which became from the state of Virginia to serve as The distinguished Chair right now is known as the Good Friday accords. both Governor and U.S. Senator CHUCK one of my best friends in the Senate Whether it was standing in the small ROBB came to Washington ready to and one who deserves congratulations town on the northern border of the Re- build on a distinguished career in pub- on—actually, they didn’t have to have public of Ireland, bordering Northern lic service. Beginning in 1961 when he an election in his State; he wins by so Ireland, a town of just a few thousand joined the Marines, and through his much. I love being with him, as I do my people but where 50,000 to 60,000 people days as an infantry company com- dear friend from Nevada, the deputy from the whole area came and stood in mander in Vietnam, CHUCK ROBB dem- Democratic whip. But I hope that nei- the cold, the rain, and the fog for hour onstrated the kind of determination ther of my colleagues takes it at all after hour waiting for the President and stamina that would characterize personally when I say I would probably and those accompanying him to arrive, his political career. He later served rather be at home with my family at and then giving him a hero’s welcome Virginia as Lieutenant Governor and this time of the year. But then I sus- and not wanting him to leave. Governor before being elected to the pect they would, too. I hope this means I saw the faces of those people. I saw United States Senate. we are soon to wrap things up, possibly the children who looked out to him During his time here in Washington this evening or Sunday or Monday or with hope in their eyes. I saw the older he has shown his dedication and con- sometime. We seem to be in a situation people who said he sought to bring cern for our men and women in the where wrapping up the session is like prosperity to this area because he military, fighting for a strong defense wrapping up the Presidential election helped us stop the fighting that goes while advocating fiscal responsibility. this year. I am beginning to feel a lit- back and forth across the border. He He has been a proponent for improving tle bit like a hanging chad of some has brought hope for our children and our nation’s public schools, fighting for sort. grandchildren. more teachers, increased school con- I thought of some of the other terms I saw the same thing in Northern Ire- struction and school safety. He has that have been used, but I am afraid land in Belfast the next day where also been a champion in the battle to sometime somebody might pull that those who had been sworn enemies a end discrimination. He led the fight to out of context and I will be reminded few years ago were joining in meetings bring justice to African American that I will not be forgiven for what I with the President, encouraging him to farmers who had faced discrimination may say because of my Irish nature. stay involved and asking him to please by the Agriculture Department, and he Let us hope we can wrap it up. I say come back even after his Presidency. It voted against a move to end affirma- that also for the sake of the President- had to be an emotional time for Presi- tive action programs by the federal elect and the leadership, both Repub- dent Clinton, but it was very much for government. As a member of the lican and Democrat, in the Senate. All the people there. Armed Services Committee, Foreign of us have a lot of work to do before I talked with several who again told Relations, Finance Committee, the January 3 when the Senate comes back me he brought hope for them and December 15, 2000 CONGRESSIONAL RECORD — SENATE S11825 brought an understanding that their thing he could do because he was trust- always calm and always diligent. He children could live in a world they had ed by both Republicans and Democrats works on both sides of the aisle. I want not known, a world where they could to do the right thing. to acknowledge that and thank him for go to school, where they would not be It had to be one of the most difficult all of his work. I will not overdo it now defined by their religion but defined by times, requiring arduous work by any because I don’t want to get him into who they are. Senator, but never once did any of us trouble as we approach the last few What an improvement that was and hear Senator BRYAN complain about minutes of the session. how grateful I am for the opportunity the difficult task, nor did he swerve I want to inform the Members of to have been there, not just as an Irish from the steady course toward fairness some important dates and events of in- American but one who holds deeply our and justice. terest concerning the beginning of the sense of freedom, our sense of democ- Indeed, in so many areas, RICHARD 107th Congress. I see Senator DASCHLE racy, and our sense that people do not BRYAN made a difference whether in is here. He can communicate with the get excluded because of their religious preserving the fragile desert environ- staff. I will run over these dates quick- faith or their ethnic background or ment or modernizing our commercial ly, and then we can visit. who their parents were but are in- aviation system. The list is long, and if Of course, at 12 noon on Wednesday, cluded because they are human beings he stayed, he would have accomplished January 3, the 107th Congress will con- and because they have intrinsic worth. even more. vene with an immediate live quorum, f Senator BRYAN has made a choice to be followed by the swearing-in cere- that deserves only accolades and re- monies for the newly elected Senators. RETIREMENT OF SENATOR spect. He is going home, and Nevada is I want to emphasize that. That is on RICHARD H. BRYAN a fortunate State for it. It is also fortu- January 3. It is at 12 noon. There will Mr. LEAHY. Mr. President, with my nate that he has left his partner, be a live quorum, and all Senators are dear friend from Nevada, Senator REID, HARRY REID, here to carry on his bat- required by law, if they want to be on the floor, I want to talk about his tles. My wife Marcelle and I wish DICK sworn in and receive pay, to be here for colleague, also my friend, RICHARD and his wife Bonnie all the best, but I that occasion. BRYAN, who announced his plans to re- am going to miss some of our late On Saturday, January 6, the Senate tire from the Senate. When he did, he night conversations and some of the will proceed as a body to the Hall of said very simply and earnestly: It’s humor and good will he has shown to the House of Representatives for the time to come home. all Senators. official counting of the electoral col- I have known DICK and Bonnie BRYAN Mr. President, I suggest the absence lege votes. since they came here. I say DICK and of a quorum. The Senate has passed a resolution Bonnie BRYAN because, like Marcelle The PRESIDING OFFICER. The that would move that to January 5, and me, we think of them as one person clerk will call the roll. which would be a Friday, instead of because usually at events outside The assistant legislative clerk pro- Saturday, January 6. The House has work, when you see one you see the ceeded to call the roll. not yet passed that resolution. But other. In fact, that is what I cherish Mr. LOTT. Mr. President, I ask unan- they have indicated that they may pass about both my colleagues from Nevada. imous consent that the order for the a resolution changing the date to Fri- I cherish their family life. quorum call be rescinded. day, January 5, for the counting of the DICK said it is time to go home, and The PRESIDING OFFICER. Without electoral college votes. We will let all I am disappointed to learn we are going objection, it is so ordered. of our colleagues know exactly about to lose a good humored and skillful col- f that. league. As a , I have to I believe we are required to proceed empathize with that deep-rooted im- ORDER OF BUSINESS at 1 p.m. on either Friday, January 5, pulse to go home. Everything DICK Mr. LOTT. Mr. President, I have just or, as it now stands, January 6. We will BRYAN has accomplished here paves the spoken to Senator DASCHLE. We have make that clear later on. Senators will way for his return to a better Nevada, been communicating with our col- be notified if there is a date change, if something all of us hope for because all leagues on the other side of the Cap- and when it is confirmed. of us will leave this body at one time itol. I understand the Senate will Of course, Inauguration of the 43rd or another. shortly receive from the House the ap- President of the United States will Most of the time, the strength of our propriations bill containing the final occur at 12 noon on Saturday, January Nation stood resolutely with the wel- appropriations measures, and we hope 20. fare of Nevada in Senator BRYAN’s to have some agreement on how to pro- Furthermore, because a Senate com- mind. As Democratic cochair of the ceed shortly. mittee is a continuing body, commit- Senate National Guard Caucus, he We will notify Senators and hotline tees may begin working on committee blocked unwise and unjustifiable cuts that information. Once Senator nominations on January 5 or 6. Senator in our citizen-soldier force. He brought DASCHLE arrives on the floor, hopefully DASCHLE and I will be working on that. us together so the Guard’s voice could we can move forward with that. In the But there is the possibility, between be heard, and his persistence has posi- meantime, there are just a couple of January 3 and the Inauguration, that tioned this invaluable force to prepare bits of information for our colleagues there could be some committee hear- for the new, continually emerging stra- about the remainder of this session and ings on nominations. We will have to tegic landscape. Under his watch, the dates for activities we will have work through that. Of course, it will Nellis Air Force Base became a na- next year. depend on the receipt of those nomina- tional treasure, where our best, most Of course, we hope to have the sine tions once the investigations have been skilled pilots mastered the art of war die adjournment resolution here short- completed. We will work through what so that our country would never have ly. committees and how that will be han- to call on them for the real thing. Senator DASCHLE and I jointly will dled. Members who might be involved Senator BRYAN guaranteed the credi- have resolutions thanking the officers will be notified as early as possible, bility of the institution of the Senate. of the Senate, the staff of the Senate and hopefully that will be even before I think of the Senate as being the con- who do just a magnificent job on our the end of the year. science of the Nation, and we should be behalf and on behalf of the American Votes on confirmations may take the guardians of it. Those who abused people quite often during long and place even on Saturday, January 20. I the public’s trust and the powers of of- weird hours. They really do a magnifi- believe that has been the case in the fice, as Senators knew they would, re- cent job, and we thank all of them for past—if not January 20, certainly be- ceived intense scrutiny when Senator what they do. ginning on Monday, January 22. We BRYAN chaired the Ethics Committee Also, I see Senator REID is here, the will want to move forward very quickly in 1993 and 1994. None of us will forget assistant Democratic leader. He has on actually confirming the nomina- his calm and dexterous handling of nu- really made a difference since he has tions. Senators will be further notified merous sensitive investigations, some- been in his leadership position. He is on January 3. S11826 CONGRESSIONAL RECORD — SENATE December 15, 2000 Regarding the Cabinet nominations children, my grandchildren, eight of this country, my mother a year old schedule, when we receive those nomi- them; the oldest is seven. I want to from Russia, and my father 6 years old nations, again we will work together make sure they understood what their from Poland. They believed so much in on what that schedule may be. grandfather did when he was spending America. They were so sensitive about Again, I want to thank the Senate of- time in Washington. They are too things. For my grandparents, whose ficers, Senators, and leadership on both young to really know what the job is native tongues were reflective of the sides of the aisle for what I believe has about. But they know who the Presi- country they came from, anything but been a very productive session and for dent of the United States is. Some of English was almost prohibited in the the dedication of Senators to the them knew because the oldest one is house. They wanted to talk English. American people. seven. There are eight of them, obvi- They wanted to speak the language I see Senator DASCHLE is here. We ously, and one is just 2 months old. The that their friends and their neighbors have some resolutions we can do if we little one could not understand what I believed should be used as Americans. have a break here in a moment. Then have done. I was lucky and brought all Now we understand people can live in we will have some that we want to do of them down for Father’s Day. I was multiple cultures and continue to at the very end of the session. able to take them to the White House treasure the language that they or At this point, I yield the floor if Sen- and take some pictures with the Presi- their parents had before they came to ator LAUTENBERG wishes to make any dent. They will look at these pictures America. In those days, any indication comments. one day and say, OK, that is where our they could get that they were truly The PRESIDING OFFICER. The Sen- grandfather spent his time when we Americans meant so much. ator from New Jersey. didn’t see much of him. I hope they So they came and worked hard, with Mr. LAUTENBERG. Mr. President, I will feel the same kind of pride and no education. My father went to the thank the majority leader and the love for country as I do. sixth grade only; he had to help his Chair for recognition. This job, one of some 1,850 people who parents. But they never dreamed their f ever served in the Senate, is such an children would have the opportunities honor to have. It is such an exciting that were so robust and so fulfilling. SERVING IN THE SENATE I spent 30 years in the computer busi- place to be. I look at my desk now as Mr. LAUTENBERG. Mr. President, I ness, running a company called ADP, a reminder of why I had this desk want to be sure before I go into my re- Automatic Data Processing. The com- marks that neither of the leaders, the moved as my seniority improved from pany started with two boyhood friends majority leader or the Democratic the far corner next to where it is now. of mine. We started without any money leader, is waiting for some floor time I brought it with me wherever I went. of our own, without any outside financ- for some special things they want to go It was a fairly easy task. I don’t want ing. The company today has 33,000 peo- ahead with because I hope not to cover the citizens to think I had people put ple and is one of America’s best per- every day of the 18 years I have served to work for little reason; just a couple forming companies in terms of its prod- here. of screws lift out of the floor and we ucts and the stock market’s response. But I do want to make some remarks move it over here. I got there because this government about this moment in time —a moment When I think of my parents and what was there to render service to our peo- that I have kind of looked at with some this country meant to my grand- ple. The one thing that bothers me amount of trepidation because this is parents when they brought my parents when we get into political campaigns the end for me, at the bottom of the as little children to these shores, I and speeches are made on the stump ninth inning, and we have a couple of open the desk. As everyone here knows and people talk about the government things to do before it is pretty much but the public probably doesn’t, there and how small it ought to be and why all over. is something one could call ‘‘graffiti’’ it is too big and the loaded bureauc- I am probably speaking now for the in these desks—a signature, a carving, racies, I can’t stand it. Honest to good- last time in the U.S. Senate. After 18 a writing in indelible ink that gives a ness, I work with the people who popu- years as a Member of this institution, name and the State that the individual late this place day in and day out—not some time ago I made a reluctant deci- represented. I never got discouraged the Senators exclusively but those who sion to step down—not to try again about this job, but anytime I needed a work here on both sides, Democrat and after three terms. And, to be perfectly little stimulation about how important Republican. I see how diligent they are honest, there are those moments when the work we were doing was outside of in trying to get their day’s work done I look at that decision not to run for a the legislative routine, I looked in this and how committed they are in the fourth term with considerable regret. desk and I seen ‘‘Truman, Missouri.’’ service of the people. I respect them. Of This has been an incredible experi- Harry Truman sat at this desk when he course, those whom I have gotten to ence—an experience that so few ever served in the Senate. It is such an know in my office, I love them as well. get to have and such a worthwhile honor for me to be able to fill the seat, One develops a respect and almost a thing to do. not the shoes, as they say. reverence for people who will come in While my friends, the Democratic Every day I came to work here was a and go to work at 8 o’clock or 9 o’clock leader and the Democratic whip, are on privilege, even when the day didn’t in the morning and stay; if we stay the floor, I want to express to each one turn out as one expected. The people of until 2 o’clock in the morning, they of them how deep my appreciation is New Jersey sent me here to accomplish stay until 2 o’clock in the morning. for the cooperation and the ability to things that affected their lives and For many years, until very recently, work together on issues of concern— their families, and it is not easy to re- there was never any compensation for not just for my State but for the coun- linquish those duties. I hope they will overtime; that was considered part of try at large—and how helpful Senator believe that FRANK LAUTENBERG served the job. For those in the management DASCHLE, our leader, has been; and my them honestly and diligently. I will of the office, and the leadership posi- good friend HARRY REID from Nevada, leave it to them to mark the report tion among the staff, there is still the only State that really competes card to see how we did. nothing like overtime. They do it be- with New Jersey in the hospitality of My service was a way for me to give cause they feel the responsibility. It the gaming industry. I hope we will something back. I had a successful has made an enormous difference in the continue to do more business than Ne- business career, and I spent 30 years way we conduct ourselves. vada. doing that, but there was something Mr. President, the bottom line view In all seriousness, these are States more that was needed as far as my life that I bring is one that has developed that have a certain kinship that is not was concerned. I am so grateful my as a result of the opportunities that always easy to recognize because our grandparents, in their wisdom in the were afforded me. I know I probably coast is far larger than their coast, and earliest part of the last century, de- have said it too many times, but I ask sometimes we differ on issues but never cided to pack up bag and baggage— my colleagues to indulge me once on intent. they didn’t have much baggage, I can again when I talk about my family. This is a job that has been the high- tell you that; all they had was the spir- My father died a very young man, at light of my life, next to my family—my it and desire to live free—and come to age 43. I had enlisted in the Army and December 15, 2000 CONGRESSIONAL RECORD — SENATE S11827 was given the benefit of the GI bill. the subject to be included in their re- have the new fast trains, if you don’t The GI bill made the difference in my marks is one with which I have intense have a rapid rail system, it will not life, enabling me to use the knowledge fascination. work. and programs I studied and learned to I am happy to yield to the distin- So I support this legislation. I want start a business that became an indus- guished leaders. to commit to our colleagues here that try. It is the computing industry, as The PRESIDING OFFICER. Is it the I will join with Senator DASCHLE in co- contrasted to the computer industry, majority leader’s intention the Senator sponsoring this legislation next year. the hardware industry. To me it was a from New Jersey will hold the floor, We will work together to get the appro- great example of the way government following the business? priate hearings in the Finance Com- can empower individuals and families Mr. LOTT. That would be my re- mittee and hopefully in the Commerce to improve their lives. quest. Committee, too—even though this bill It is a lesson I will never forget. The The PRESIDING OFFICER. Yes. is under the Finance subcommittee ju- education I got through the GI bill set Mr. LOTT. I yield to Senator risdiction because of the tax aspects of the foundation for me to build that DASCHLE. it—but the part of it, of business. When I look at what hap- f course, would fall under Commerce. I pened with ADP and the number of am on both committees and Senator people it has put together, 33,000 em- THE OMNIBUS APPROPRIATIONS DASCHLE will probably be on the Fi- ployees, processing paychecks for 33 BILL nance Committee, too. We will work million people across our country and The PRESIDING OFFICER. The with the ranking member and the others. Democratic leader. chairman to get hearings and move When I was finishing my 30th year in Mr. DASCHLE. Mr. President, al- this legislation. business, I thought there were other though there are a lot of good things in I cannot guarantee we will have the things I ought to try to do to help pay the bill we are about to debate, there is votes or that it will not be filibustered back what I thought was a unique op- one glaring omission—legislation to or that we can break a filibuster, but I portunity. I wanted to make sure that provide Amtrak with the authority to think it is the right thing to do. I it continued to exist for others, as well. issue tax credit bonds for capital im- might just add, the chairman of the I came to the Senate. I ran in 1982 and provements. This bonding authority is Amtrak board, Governor Tommy was elected then. I brought what was a critical to Amtrak’s future and to the Thompson of Wisconsin, has been very fairly unique perspective because there economic health of the northeast and actively involved. He supports this leg- weren’t, at that time, as there are now, many other areas of the country. islation. He has called me personally so many businesspeople who came from I have discussed this issue with mem- about this legislation. He really cares not having had an elective office expe- bers of my caucus. We had a very spir- about it. rience but came in fresh from the busi- ited discussion in our caucus this When we talk about bipartisanship, ness to the Senate. morning, and I know how strongly they transportation is an issue on which we When I got here, my goals were to try support Amtrak and this legislation. have been able to work together in a again to permit people to think inde- bipartisan way, whether it is roads, pendently, to make sure that the We are very disappointed this provision was not included in this otherwise AIR–21, TEA–21, Amtrak, rapid rail rights and the freedoms we enjoyed system. We can do it again. would be protected, to make sure there praiseworthy legislation. Amtrak sup- porters will not give up on passing it. Maybe we can improve on this bill. would be an opportunity for those who We talked about that in an exchange could learn without having, nec- In order to help them secure enactment of this important measure next year, yesterday. Maybe there are some essarily, the financing to do it. That is things we can do, some tweaks that the majority leader and I have dis- what the GI bill taught me. It has been would make it better and resolve some cussed and agreed on how best to pro- my hope that people would understand of the concerns. And we will try to do ceed. I yield the floor to allow the ma- that these opportunities must continue that. I am prepared to make that com- jority leader to describe what that un- to exist. That is why we have these dis- mitment. I believe we can do it early derstanding is at this time. cussions about investing in education, next year. I am not talking about hav- The PRESIDING OFFICER. The ma- making sure children have the appro- ing it languish; I am trying to get jority leader. priate nutrition, and that people can movement on it in the first 3 months, Mr. LOTT. Mr. President, I thank the count on getting their health protected 6 months of the session, so those who Democratic leader for his fine work on when they have a problem, or at least have reservations can offer amend- this issue. I know there is a lot of pas- making certain as they grow and ma- ments and we will vote on them. Hope- sion, a lot of support for Amtrak. But ture that they know they don’t have to fully, we can get it done, and I commit let me remind my colleagues, I am one worry about an illness wiping out not to do that. of those supporters. I have been an ac- only their assets but also demolishing The PRESIDING OFFICER. The Sen- tive supporter of the national rail pas- their health. ator from . Just so everybody knows, I am going senger system and was very much in- Mr. BYRD. Mr. President, I have long to take some time here. Therefore, it volved a couple of years ago when we been a supporter of Amtrak. I was may take a little time for me to do the passed the Amtrak legislation. I had chairman of the Appropriations Sub- whole story. I see the majority leader some strong opposition on our side of committee on Transportation before either looking at me so anxious to hear the aisle. I think we need it. my friend, Mr. LAUTENBERG, swore to the whole story that he wanted to ask Now, I must confess one of the rea- support and defend the Constitution of me what it was. sons I think we need it is I want us to the United States against all enemies Mr. LOTT. Mr. President, if the dis- have good service, not just in the of the United States, foreign and do- tinguished Senator from New Jersey northeast but I also would like to have mestic. I was for it then. I am for it would yield, perhaps that is a good access from my own State of Mis- now. We had some problems in connec- point. Yes, I would like to hear the sissippi to be able to get to Atlanta and tion with putting this measure into story uninterrupted. If the Senator Washington and Boston, and we are the this bill. I don’t need to go into those would allow us to do a little bit of lead- beneficiaries of Amtrak service. I problems here. ership business—one of which, or both think we have to do it. I have pledged But I want to assure Mr. BIDEN and I of which I know the Senator would be if it can’t run efficiently, if it cannot want to assure Mr. LAUTENBERG, and very interested in—I ask, with the run without going into debt, at some assure both leaders, that I will do any- agreement of the Senator from New point we may want to say we just can’t thing I can next year to support this Jersey, that his statement appear in do that and decide what is going to be legislation. I am a cosponsor of the the RECORD as if uninterrupted, and the the successor program. bill, and I will do my best to help enact exchange with Senator DASCHLE, our But I also think it is guaranteed and it at the earliest possible date in the colloquy, appear after his remarks. doomed to failure if we don’t give it an coming Congress. Like the distin- Mr. LAUTENBERG. I am happy to opportunity to succeed. If you don’t guished majority leader, I can’t guar- cooperate because I have a sense that have modern equipment, if you don’t antee anything except that I will do S11828 CONGRESSIONAL RECORD — SENATE December 15, 2000 my best to be helpful. Certainly on the colleagues, and has reminded me again, meet the obligation that has been im- Appropriations Committee, if there is he also commits, as chairman of the posed upon it without being brought up an appropriations item, as always, I Appropriations Committee, his contin- to speed, figuratively and literally, in will support it. Amtrak comes to West ued support for Amtrak. terms of equipment, track, and the Virginia. It comes 3 days a week. I wish Mr. LAUTENBERG. I thank the ma- like. it came more often. jority leader. When this proposal that had 56 co- But I support Amtrak as much as f sponsors and passed in another vehicle anybody in this Chamber. We don’t with 60-some votes and with 260-some UNANIMOUS CONSENT have large airports in West Virginia; votes in the House was not going to be AGREEMENT all we have is highways. We certainly included in this omnibus bill, I must are grateful for and certainly very sup- Mr. LOTT. With that, I do under- tell my colleagues, I was very upset. portive of the limited amount of rail stand the Senate will shortly receive In light of the fact that the leader- transportation we have. We used to from the House the appropriations bill ship of the Appropriations Committee have the Hilltopper; we used to have containing the final appropriations of the Senate as a whole and of the the in West Virginia. I measures. I ask unanimous consent Commerce Committee, at least on one have been a supporter of the that notwithstanding receipt of the pa- side of the Commerce Committee, have longer than I can remember. pers, the Senate proceed to vote imme- indicated to me they will introduce and So Senators may be reassured that I diately on adoption of the conference move rapidly, as best they can, funding shall do everything I can within my report and, following passage, there be for Amtrak—I will not take the time to power next year to be helpful. 40 minutes of explanation to be equally go into what it all does and what it The principal cosponsors, Mr. LAU- divided between the two leaders, with means—then that is good enough for TENBERG and Mr. BIDEN, made a strong 20 minutes additional under the control me. I will withdraw any attempt to case for the importance of this vital of Senator BYRD, 45 minutes under the delay consideration of this final bill. legislation. It will be a central part of control of Senator GRAHAM of Florida, Also, I know Senator MOYNIHAN and our efforts to ensure that our Amtrak and 10 minutes of Senator LOTT’s time Senator LAUTENBERG are leaving. Sen- system not only is maintained but is to be controlled by Senator SPECTER. ator LAUTENBERG has been Mr. Am- also able to make necessary improve- The PRESIDING OFFICER. The Sen- trak. Senator LAUTENBERG, since he ments in the future to ensure its con- ator from . has been here, in large part because of tinued success. Mr. BIDEN. Mr. President, I want to, his disposition and in no small part be- I thank all Senators. before the majority leader leaves the cause of the particular position of au- The PRESIDING OFFICER. The Sen- floor, thank him. thority he occupied on the Appropria- ator from Nevada. Mr. LOTT. Mr. President, if I could tions Committee, has been—I ride a Mr. REID. Mr. President, I have been confirm, the unanimous consent was train every day and people say to me: here, not as many years by far as most agreed to? You know, JOE, thanks for defending everyone on this floor right now, but it Mr. DASCHLE. Reserving the right Amtrak. is not often that you see the two lead- to object. I say: No, don’t thank me, call Sen- ers and our longtime leader Senator The PRESIDING OFFICER. No objec- ator LAUTENBERG. I literally say that BYRD, stand and say they will support tion was heard. I recognized the Sen- because it is true. a piece of legislation. I have never seen ator from Delaware thinking he wished Also on the floor is a Senator who is it happen before. I think this is to show to object. Mr. Transportation. He has given us all the intensity of the feelings of the peo- Is there objection? a lesson, as only he can, for the past 18 ple who support this legislation, led by Mr. BIDEN. No, I beg your pardon, I years on the necessity of Amtrak not Senator JOE BIDEN. So I am really do not wish to object or seek recogni- merely in the , but pleased it appears at this stage that tion. there is no alternative in this Nation the three leaders, Senator LOTT, Sen- The PRESIDING OFFICER. Under to not have a mass transit interstate ator DASCHLE, and Senator BYRD, have parliamentary procedure, the Senator system. agreed to do this. from New Jersey has the floor. He I want everybody to understand— I was at lunch today with Senator yielded it to the majority leader and again, I will put something in the HOLLINGS, who is the ranking Demo- the Democratic leader for the conduct RECORD; I won’t take the time now— crat on the committee of jurisdiction of certain items of business. Following this is not just parochially important that may have something to do with that point, Senators seeking to speak to the Senators from Delaware, New this, the Commerce Committee. He will have to receive the approval or ap- Jersey, Vermont, Massachusetts, all of said he will do everything he can to probation of the Senator from New Jer- whom are on the floor. This is impor- move this matter along. I know I will. sey. tant to Florida; it is important to the Senator SPECTER, on the other side of Mr. BIDEN. Mr. President, I ask the Southeast corridor; it is important to the aisle, said he would do anything Senator to yield me a very brief time. , Washington, Nevada. This is possible to move this along. This is a Mr. LAUTENBERG. Mr. President, I the only alternative we have. rare occasion in the Senate that you thank the Chair for that recollection. I It seems to me, after discussion with see this much support for a piece of will be happy to yield to our friend the men I have named today—the dis- legislation. from Delaware. tinguished Senator from West Virginia, Mr. LOTT. Mr. President, if I could Mr. BIDEN. Before the majority lead- the Senator from Mississippi, the Sen- ask my colleagues to defer just a mo- er leaves the floor, I want to personally ator from , and others— ment, Senator DASCHLE and I would thank him. I want to thank the minor- that we are all singing from the same like to get one more unanimous con- ity leader, the Democratic leader, and I hymnal now. There seems to be for the sent agreement in. Then I would like to guess most of all I want to thank Sen- first time in my recollection, I say to yield to the Senators who are on their ator BYRD and Senator STEVENS as my friend from New York who is stand- feet. well. ing, a genuine acknowledgment that Mr. LAUTENBERG. Mr. President, I have been here for 28 years. I have there is no transportation scheme in may I, with all due respect, remind the never once come to the floor to threat- America that will serve America with- majority leader and the President that en to engage in an extended debate on out a major component of it being a I yielded time based on the fact that I a matter. I did that this morning in rapid transit interstate system for pas- would recover the floor. our caucus. I am not suggesting my sengers. Mr. LOTT. There is no question colleagues responded because I did I am looking forward to this being about it. I thought perhaps the Senator that. I am suggesting that I believed the first bipartisan effort next year. I would want to comment, too, on what my colleagues who are on their feet sincerely hope the incoming President has just transpired. But I do want to felt extremely strongly about what was will understand our regional needs. include in the RECORD the fact that about to happen; that is, Amtrak can- I conclude by saying I thought fed- Senator STEVENS also has assured our not make it through the year 2001 and eralism was about one section of the December 15, 2000 CONGRESSIONAL RECORD — SENATE S11829 Nation helping other sections of the The PRESIDING OFFICER. The ceipt of the papers, that we have a vote Nation that, in fact, had needs but clerk will report the concurrent resolu- and then go to debate, but we are needed additional assistance. There tion by title. working on an arrangement that will would be no water flowing in Arizona The legislative clerk read as follows: allow us to proceed with debate and get were it not for the people of Massachu- A concurrent resolution (H. Con. Res. 446) some certainty about how the vote will setts, the people of New York, the peo- providing for the sine die adjournment of the be dispensed with. We should be able to ple of New Jersey, Delaware, and other second session of the One Hundred Sixth get that clarified in a few minutes. I States subsidizing that water exten- Congress. would hate to ask the Senator to yield sively to the tune of probably some- There being no objection, the Senate again in a few minutes, but in view of where above $16 billion over time, and proceeded to consider the concurrent the importance of the issue, I might do we should do that. resolution. that. For now, that is all the business Mr. MOYNIHAN. The Arizona Mr. LOTT. Mr. President, I ask unan- Senator DASCHLE and I have. project. imous consent that the concurrent res- The PRESIDING OFFICER. Under Mr. BIDEN. We should do that. I get olution be agreed to and the motion to the previous order, the Senator from the feeling—maybe because it is the reconsider be laid upon the table. New Jersey has the floor. Christmas season and I want to believe The PRESIDING OFFICER. Without Mr. LAUTENBERG. I thank the it—there is a growing recognition that objection, it is so ordered. Chair. I yield 3 minutes to the Senator rail service in our neck of the woods, as The concurrent resolution (H. Con. from Massachusetts, again with it un- well as other parts of the country, are Res. 446) was agreed to, as follows: derstood that I retain the floor. as essential to our interests as water is H. CON. RES. 446 The PRESIDING OFFICER. Without to the far west. It is as essential. Resolved by the House of Representatives (the objection, it is so ordered. The Senator I thank my colleagues for their com- from Massachusetts. mitment and absolutely close by say- Senate concurring), That when the House ad- journs on the legislative day of Friday, De- Mr. KERRY. Mr. President, I thank ing to Senator BYRD that I appreciate cember 15, 2000, Saturday, December 16, 2000, the Senator from New Jersey. He is the fact that he understands, maybe or Sunday, December 17, 2000, on a motion very gracious in doing so. I know he better than anyone in this place, when offered pursuant to this concurrent resolu- wants to make some important com- another colleague cares about an issue tion by its Majority Leader or his designee, ments that summarize his 18 years of that he believes is absolutely indispen- it shall stand adjourned sine die, or until work and commitment on this issue. sable for his region. I thank him for ac- noon on the second day after Members are He is generous to allow us to intervene. knowledging that. notified to reassemble pursuant to section 2 of this concurrent resolution; and that when I join in thanking the majority lead- I thank him for his—it is no new er and the minority leader, Senator commitment; he has always been com- the Senate adjourns on Friday, December 15, DASCHLE, Senator REID, particularly mitted to Amtrak—acknowledgment of 2000, Saturday, December 16, 2000, or Sunday, December 17, 2000, on a motion offered pursu- Senator BYRD and Senator STEVENS for that and for his continued pledge of ant to this concurrent resolution by its Ma- responding to the request of a number commitment to Amtrak. With this jority Leader or his designee, it shall stand of us from our region. I thank Senator combination of the majority leader, adjourned sine die, or until noon on the sec- BIDEN and Senator LAUTENBERG for the Democratic leader, the chairman of ond day after Members are notified to reas- their leadership again on this issue. the Appropriations Committee, the semble pursuant to section 2 of this concur- There was a lot of passion in our cau- ranking member of the Appropriations rent resolution. SEC. 2. The Speaker of the House and the cus earlier this afternoon, and the mi- Committee, and the ranking member of nority leader listened to all of us very the Commerce Committee, if we cannot Majority Leader of the Senate, acting jointly carefully. Our caucus, I must say, was get it done, then shame on us. after consultation with the Minority Leader of the House and the Minority Leader of the united in its commitment to the notion I thank all of my colleagues. Sorry to Senate, shall notify the Members of the have taken so much time, but as my that those of us who cared about this House and Senate, respectively, to reassem- issue needed to have some kind of re- colleagues said all day, this is a big, ble whenever, in their opinion, the public in- big, big, big deal to me personally, to sponse on the floor that indicated terest shall warrant it. where we will go. I am grateful for this my State, and I think to the Nation. f I yield the floor. response. The commitment on the floor openly, The PRESIDING OFFICER. Under MAKING FURTHER CONTINUING as it has been given, to proceed as we the current situation, the Senator from APPROPRIATIONS FOR THE FIS- will proceed, particularly from the dis- New Jersey has the floor. He has yield- CAL YEAR 2001 ed to the majority leader and the tinguished ranking member of the Ap- Mr. LOTT. Mr. President, I ask unan- Democratic leader to conduct business. propriations Committee and the chair- imous consent that the Senate proceed If they are through with their business, man, is as good a commitment as one to the technical continuing resolution, the Senator from New Jersey is recog- can get in the Senate. H.J. Res. 133. nized. We have 56 sponsors of this legisla- Mr. LOTT. Mr. President, with their The PRESIDING OFFICER. The tion today in the Senate. With the new indulgence, we do have a couple more clerk will report the joint resolution Senators coming in, I am absolutely consent requests, plus we may need to by title. confident we will have more than 60 modify the earlier agreement. The legislative clerk read as follows: sponsors of this legislation. I look for- Mr. LAUTENBERG. Mr. President, I A joint resolution (H.J. Res. 133) making ward to building on the legacy of Sen- am happy to yield to the majority lead- further continuing appropriations for the fis- ator MOYNIHAN and Senator LAUTEN- er for conducting further business pro- cal year 2001, and for other purposes. BERG and completing what is abso- vided, of course, that the recognition There being no objection, the Senate lutely essential for this country, which continues. I thank the Presiding Offi- proceeded to consider the joint resolu- is a rail system of which the Nation cer for being so careful in his state- tion. can be proud. ment. Mr. LOTT. Mr. President, I ask unan- I am very grateful to all those who f imous consent that the resolution be have made this effort. I particularly read the third time and passed and the say about the Senator from New Jersey PROVIDING FOR SINE DIE AD- motion to reconsider be laid upon the and the Senator from New York, the JOURNMENT OF THE SECOND table, all without intervening action, two of them will be so missed with re- SESSION OF THE 106TH CON- motion, or debate. spect to their leadership and the vision GRESS The PRESIDING OFFICER. Without they have expressed with respect to Mr. LOTT. Mr. President, I ask unan- objection, it is so ordered. transportation issues as a whole, but imous consent that the Senate now The joint resolution (H.J. Res. 133) particularly for those of us in the proceed to the adjournment resolution was read the third time and passed. Northeast, what voices they have been calling for a sine die adjournment of Mr. LOTT. Mr. President, I have one in the Senate with respect to their vi- the 106th Congress just received from further clarification. It seems there is sion for how we can more inexpensively the House. an objection, notwithstanding the re- and capably move people from here to S11830 CONGRESSIONAL RECORD — SENATE December 15, 2000 there and increase the productivity of trak in Fiscal Year 2000, a million more do the same for our transportation sys- our country. I pledge, along with my than the previous year. FY 2000 was the tem. It should be equally modern and other colleagues, to build on their ex- fourth consecutive year that ridership must be fully intermodal. And in order ample and on that vision. The day will has increased. We should welcome that to do that, we must invest in rail come when we will all have a better increased use and support it by giving transportation, invest in Amtrak and transportation network as a con- Amtrak the resources it needs to pro- be certain to include this inexpensive sequence of their leadership. vide high-quality, dependable service. legislation in the last bill of the 106th Mr. President, I know that every High-Speed Rail Investment Act is Congress. member of the Congress is anxious to critical to the future of Amtrak. For Mr. LAUTENBERG. Mr. President, end this session and get back to our half the cost of constructing the new before I yield, and I will continue to do states. We all have work to do and fam- Woodrow Wilson Bridge linking Mary- so throughout the night, I say to my ilies waiting to celebrate the holidays. land and Virginia, we can create 10 friends, my colleagues from Massachu- However, my colleagues Senator LAU- high-speed rail corridors in 28 states. setts and Delaware, that I am grateful TENBERG and Senator BIDEN are right For the cost of the St. Louis Airport for their comments. I am sure we will to be angry and frustrated with this expansion, we can improve intercity see, and I am particularly grateful to legislation. transportation in 28 states. In October the majority leader and Democratic There is a small but extremely sig- we passed a $58 billion transportation leader, an Amtrak bill on the floor nificant item missing from this legisla- appropriations bill for this fiscal year. early in the next session. I am sorry I tion—the High-Speed Rail Investment What we are talking about today is an will not be here, but in the meanwhile, Act. The Act would allow Amtrak to additional $95 million over the next I will yield to the majority leader. sell $10 billion in bonds over the next two years, which will leverage $2 bil- Mr. LOTT. Mr. President, again I decade and provide tax credits to bond- lion in funding. This is a sound invest- thank the Senator. holders in lieu of interest payments. ment. f Amtrak would use this money to up- There is an alarming misconception grade existing rail lines to high-speed among some members of this body and UNANIMOUS CONSENT rail capability. The Joint Committee around the country that Amtrak is a AGREEMENT VITIATED on Taxation estimates that the bill money pit, where taxpayer dollars sim- would cost just $95 million over 2 Mr. LOTT. Mr. President, I ask unan- ply disappear. Nothing could be further imous consent that the earliest unani- years. Over 5 years, the bill would still from the truth. In fact, the federal gov- cost only $762 million. mous consent which was agreed to with ernment has invested $380 billion in our regard to the time for handling the ap- The High-Speed Rail Investment Act highways and $160 billion in airports has 56 co-sponsors in the Senate. This propriations conference report be viti- since Amtrak was created. By contrast, ated. is not a partisan issue. It is not a re- the federal government has spent only gional issue. It is not an urban issue. The PRESIDING OFFICER. Without $23 billion on Amtrak. We have spent The High-Speed Rail Investment Act objection, it is so ordered. just 4 percent of our transportation has the support of the National Gov- f budget on rail transportation in the ernors Association, the U.S. Conference last 30 years. of Mayors and the National Conference UNANIMOUS CONSENT Those who criticize Amtrak for not AGREEMENT of State Legislatures. Nineteen news- ‘‘turning a profit’’ employ a double papers, from and standard—a double standard that is Mr. LOTT. Mr. President, I ask unan- Providence Journal, to the Houston misleading, unfair and unwise. Between imous consent that notwithstanding Chronicle and Post Intel- 1985–1995, this country spent $17 billion the receipt of the papers, the Senate ligencer, have called for the enactment more on federal highways than it now proceed to the debate relative to of this legislation. the appropriations conference report Let me explain why so many people raised through the federal gas tax and highway trust fund. During the same and that there be up to 40 minutes for and organizations support this legisla- explanation to be divided between the tion: period, the nation spent $30 billion more on aviation expenditures than it two leaders, with 45 additional minutes It is in our national interest to con- under the control of Senator GRAHAM struct a national infrastructure that is received through the aviation trust fund. By their misguided logic, there of Florida, an additional 20 minutes truly intermodal. Rail transportation under the control of Senator BYRD, and helps alleviate the stress placed on our can be only one solution: since neither of those trust funds operated at cost, an additional 10 minutes under the con- environment by air and highway trans- trol of Senator SPECTER. I further ask portation. It is a sad fact that Amer- we should eliminate these programs. That’s nonsense. So why are we failing unanimous consent that once the Sen- ica’s rail transportation, and its lack ate receives the conference report, the of a national high-speed rail system, to adequately invest in rail transpor- tation? conference report be considered agreed lags well behind rail transportation in to and the motion to reconsider be laid most other nations—we spend less, per Mr. President, high-speed rail is a viable transportation alternative. upon the table, all this immediately capita, on rail transportation than Es- after the remarks of the Senator from tonia, Myanmar, and Botswana. There is a large and growing demand New Jersey, Mr. LAUTENBERG. There is a compelling need to invest for rail service in the Northeast Cor- The PRESIDING OFFICER. Without in high-speed rail. Our highways and ridor. Amtrak captures almost 70 per- objection, it is so ordered. skyways are overburdened. Intercity cent of the business rail and air travel Mr. LOTT. I thank Senator LAUTEN- passenger miles have increased 80 per- market between Washington and New BERG. I yield the floor. cent since 1988, but only 5.5 percent of York and 30 percent of the market The PRESIDING OFFICER. The Sen- that has come from increased rail trav- share between New York and Boston. ator from New Jersey. el. Meanwhile, our congested skies High-speed rail will undoubtedly in- have become even more crowded. The crease that market share. Mr. LAUTENBERG. Mr. President, I result, predictably, is that air travel These new trains, like the Ex- ask unanimous consent to yield up to 5 delays are up 58 percent since 1995. press that debuted in the Northeast minutes to the Senator from New In the air travel industry, bad weath- this year, currently run at an average York. er in one part of the country very often of only 82 miles per hour, but with The PRESIDING OFFICER. Without results in delays in other parts of the track improvements, will run at 130 objection, it is so ordered. country. There is consumer demand for miles per hour. f more flights. But we know that our As a Nation, we have recognized the skyways and air traffic control sys- importance of having the very best AMTRAK tems are finite and that the system is communication system, and ours is the Mr. MOYNIHAN. Mr. President, I will overloaded. envy of the world. That investment is not require more than a few moments Amtrak ridership is on the rise. More one of reasons our economy is the to thank my friend from New Jersey than 22.5 million passengers rode Am- strongest in the world. And we should and express confidence in the Senators December 15, 2000 CONGRESSIONAL RECORD — SENATE S11831 from Massachusetts and Delaware who Washington, DC, to A large part of that accomplishment, have just spoken, to thank the distin- in Philadelphia. But it is more than my I must say, was because of our distin- guished chairman of the Appropria- convenience; it is the infrastructure of guished friend and leader—I think they tions Committee and my revered the country. would have a reference in totalitarian friend, the ranking member, the Sen- I think this is very good for the coun- governments, but I mean it in the ator from West Virginia, and the ma- try that we are going to be moving kindest way—as a leader for life, that jority leader. ahead with this legislation next year, Senator BYRD has brought to us, not May I say, sir—something we often and a very good sign for the 107th Con- only with his knowledge, his under- lose sight of—this is a national issue gress that hands are being extended standing of the process, but he is vir- and ought to be addressed by the Con- across the aisle to show bipartisanship. tually the historian of the Senate. The gress. We are the only major industrial If this carries forward in the next year thing that has always amazed me is he state in the world that has not sought generally, it will be very good for the can do it virtually from memory, and to recreate and revivify its rail system American people. bring us all to our senses about how we in the last generation. I, again, thank my colleague from conduct ourselves and how we process The Committee on Environment and New Jersey. legislation. I am not only so delighted Public Works in the last 20 years has Mr. LAUTENBERG. I thank the Sen- and honored to have been able to serve turned to this. In 1989, we passed the ator from Pennsylvania for not only with him as a mentor but as a friend as Intermodal Surface Transportation Ef- his comments but for his help. He is well. ficiency Act, calling for just such someone we counted on to work so We learn on a continuing basis in measures—later the Transportation Ef- closely with us, to bring seriously a bi- this place that Senator BYRD is some- ficiency Act. We created financial in- partisan aspect to the protection that one to whom we can always turn, not struments and the possibility of invest- we are looking for to make sure that only to understand his thinking on ments to be involved. Amtrak—the national goal for rail- issues, and the decisions that he pro- We can do this. We are on the verge roading all across this country—will be vides, but also his leadership. of it. To miss it at this moment would able to continue. We saw it manifest again this day be- be to miss a moment in history for It is obvious to me, as we have lis- cause he wanted to help us out of the which I think we will not be happy. But tened to the comments, that unless dilemma with which we were strug- I am so confident, from what I have these investments are made now, or gling, to find a way to get Amtrak the heard today, that I leave the Senate very soon, we will be unable to fulfill strength and resources that it needs, yet more proud of having been here 24 the objectives of having Amtrak as a but reminding us at this moment there years, thanking all—thanking particu- self-sufficient entity operating with its were so many things in front of us that larly the Presiding Officer for his operating budget met by the revenues it was not the time, but nevertheless friendship and leadership in so many that it derives. The funds that we will was helpful in his reassurance that he, important matters. be able to get from this proposed bond too, would help process this early in I yield the floor with great satisfac- issue will enable it to make the capital the next Congress. I just am sorry I tion of what has just transpired. If this investment it so desperately needs. will not be here to see the day when that takes place. is the kind of mode we enter into in f But I am grateful for the friendship January, there is much to expect from SERVING IN THE SENATE and guidance that the distinguished the 107th. senior Senator from West Virginia has Thanks to my friend from New Jer- Mr. LAUTENBERG. Mr. President, given me, and all of us, over these sey. one of the things I wanted to do, as I many years. Mr. LAUTENBERG. Mr. President, I tried to plan my Senate objectives, was Mr. BYRD. Mr. President, will the thank the Senator from New York. to make sure the children of our coun- distinguished Senator yield? try were as protected as they could be The majority leader made a private Mr. LAUTENBERG. I am happy to by legislation that we developed in the statement to me, which I will state yield to the Senator from West Vir- publicly. He said, as we ready for my Congress. ginia. departure, bipartisanship is breaking Under Republican leadership, when Mr. BYRD. Mr. President, I thank out all over. And I am not quite sure President Reagan was the President in the distinguished Senator for his re- how that is meant. But I yield up to 3 1984—Elizabeth Dole was the Secretary marks. I shall miss him. We shall all minutes to the Senator from Pennsyl- of Transportation—we were able to miss him. He has served on the Appro- vania, with the understanding I retain write a bill and create a law that made priations Committee, and served well, the floor. the 21-year-old drinking age the min- served as chairman of the Transpor- The PRESIDING OFFICER. Without imum drinking age for serving liquor tation Appropriations Subcommittee, objection, it is so ordered. The Senator across the country. Since that time, and served well. from Pennsylvania. 17,000 families have been spared the He has the highest interests of the Mr. SPECTER. I thank the distin- need to mourn the loss of a child. Nation always at heart. He has been a guished Senator from New Jersey for Mr. President, 17,000 youngsters, that very capable Senator. He is never one yielding to me. I compliment him for is enough to fill a large arena. If one to forget his obligations, his respon- his leadership on Amtrak generally and looked at the number of young people sibilities, his duties to the people who especially on this current plan for fi- who would fill that arena, you would have sent him here. I have considered nancing. say: My Lord, are we lucky that these it to be a great honor and high privi- I support Amtrak and believe the children have lived and will survive to lege to serve with the Senator. I shall proposal to provide this additional their adulthood and through their full miss him. I am sure he will continue to funding is very much in the national life because we were able to restrict serve his country in some way. interest. I think it is a very salutary their access to alcohol. But I do hope the Senator will come thing, as some have already com- Therefore, it was appropriate, toward back and visit with us from time to mented, that we have people extending the later days of my career, that we time. May the Creator of the universe, their hands across the aisle on a mat- were able to add another item of pro- Father of all of us, watch over and ter of great national importance. tection by lowering the blood-alcohol guide FRANK LAUTENBERG and his fam- The Senator from Delaware, I think, level to .08, a standard which will save ily. He is so proud of his family. He characterized the situation very aptly an additional 500 to 700 lives a year. often speaks of his children, his grand- when he talked about federalism; and President Clinton recently signed that children. I know they love him. He will that is, one region helping another re- into law, as well. So I am pleased with always be in our recollection. May gion. the fact we were able to get that done. heavenly angels always attend him in There is no doubt that those of us My team and I worked very hard to whatever he endeavors. who live in the eastern corridor—and I make that happen. It took several I thank the Senator. am a beneficiary of Amtrak. It is 1 years for it to be accomplished, but ac- Mr. LAUTENBERG. Mr. President, I hour and 37 civilized minutes from complished it was. thank the Senator from West Virginia. S11832 CONGRESSIONAL RECORD — SENATE December 15, 2000 All of us look to him for his guidance will be in a national railway system, have done a masterful job in working and wisdom. and then we need to decide to what de- inch by inch to get to the place where I have said about Senator BYRD in gree it is subsidized. we examine as a proposal for the near the past that he is a model for what a I think a strong argument can be future, I hope, how we ought to finance computer might do, and he does it made by anyone who has tried to fly to Senate races. I think the moment is without all of the transistors and Newark, or to LaGuardia, or Kennedy near at hand. I hope that examination, switches and chips, and all of that. If lately that they recognize the difficul- frankly, obviously without my partici- anyone doubts Senator BYRD’s capac- ties in relying simply on air transpor- pation, will be taken. I will be encour- ity, let them attend one of his lectures tation. I think an argument can be aging you from the sidelines. on the kings of England or the develop- made. But I think it deserves full de- Mr. LOTT. Mr. President, will the ment of government in the Roman Em- bate and discussion. Senator yield again? pire. One will be astounded. I have al- I thank the Senator from New Jer- Mr. LAUTENBERG. Boy, I could ways felt a little bit like a student sey. I understand his disappointment really carve out a few chips if I were when I listened to Senator BYRD. I on this issue. But I would like to make going to remain here. I am happy to thank him for his warm comments. a personal commitment that his spirit yield, provided I recover the floor. Mr. MCCAIN. Mr. President, will the will live on, and we will fully examine Mr. LOTT. I thank the Senator. Senator from New Jersey yield to me and fully ventilate this issue and try to f for a question of him? come up with a proposal that will sat- EXECUTIVE CALENDAR Mr. LAUTENBERG. I am happy to isfy the needs of his constituents and yield to our colleague from Arizona. Americans all over this country. Mr. MCCAIN. First of all, I thank the Again, I say that with profound admi- EXECUTIVE NOMINATIONS Senator from New Jersey for his advo- ration and respect for the Senator from Mr. LOTT. Mr. President, I now have cacy and his strong and heartfelt sup- New Jersey. port about the need for a viable rail- Could I make one final comment? I a list of Executive nominations which way system in the Northeast and hope to get a recorded vote on this bill. have been cleared on both sides. We have been working on this for around America. There has been no one I will be recorded as voting against it several days. A number of these nomi- in this body who has been more com- for the usual reasons, and will have a mitted to that proposition than the nations were running the risk of not statement included in the RECORD. Senator from New Jersey. I congratu- I thank the Senator from New Jer- being confirmed, or possibly having re- late him. As I said before, we will miss sey. cess appointments, which we would him very much in this body. Mr. LAUTENBERG. Mr. President, I like to avoid. This list includes Execu- I would like to make one additional thank the Senator from Arizona for his tive calendar nominations and nomina- comment, if I may, to the Senator from laudatory comments. It is nice to hear tions to be discharged from several New Jersey. that one will be missed. We haven’t dis- committees and confirmed. We will go through a regular process cussed the degree, but nevertheless In executive session, I ask unanimous next year to bring up an authorization being missed counts. consent that the nominations I send to bill for Amtrak which would then be I wish to say one thing in response to the desk be confirmed, the motions to followed by appropriations. reconsider be laid upon the table, the I objected to an appropriation this the thoughtful statement of the Sen- ator from Arizona about Amtrak and a President be immediately notified of year because it was $10 billion over 10 the Senate’s action, and the Senate years stuck into an appropriations bill national railroad. I am glad that he did it because I misunderstood. Frankly, then resume legislative session. for which there had never been a hear- I add that this list is comprised of ap- ing. I hope the Senator from New Jer- perhaps it is something I thought I heard the Senator from Arizona say in proximately 41 nominations, plus an sey can understand that. additional list of almost 400 Foreign The second point is, I urge the Sen- times past about the fact that he would resist advancing resources to Amtrak. Service career officers. ator from New Jersey to consider that The PRESIDING OFFICER. Without we have to make a fundamental choice I think it was described in terms of a ‘‘cash guzzler,’’ if I am correct in that objection, it is so ordered. about the national rail system in The nominations were considered and recognition. But I am glad to hear the America—not just an east coast rail confirmed en bloc, as follows: system but a national rail system. Senator from Arizona. Let it not ever be mistaken that Sen- Claude A. Allen, of Virginia, to be a Mem- There are many countries in the ber of the Board of Directors of the African ator JOHN MCCAIN and I have had some world, including European countries, Development Foundation for a term expiring that regularly subsidize their railway differences on the floor and off the September 22, 2005. systems. I understand that. I don’t dis- floor, but the fact is that I believe Willie Grace Campbell, of California, to be pute it. Perhaps that decision has to be there is mutual respect. Certainly, I re- a Member of the Board of Directors of the made in the United States of America spect him for his contributions to African Development Foundation for a term and in the Congress of the United America and for his contributions to expiring September 22, 2005. this body. Foreign Service nominations beginning States with the cooperation of the ad- Avis T. Bohlen, and ending Mark Young, If anyone has any doubts about JOHN ministration. which nominations were received by the Sen- MCCAIN’s capacity to deliver a mes- I remind the Senator from New Jer- ate and appeared in the Congressional sey that a few short years ago the deci- sage, one only need to look at the re- Record on October 6, 2000. sion was made to make Amtrak com- cent election to see that with very lim- John M. Reich, of Virginia, to be a Member pletely independent. Maybe that was ited resources JOHN MCCAIN was able to of the Board of Directors of the Federal De- not a wise decision. influence the direction of policy that posit Insurance Corporation for a term of six Last year, Amtrak lost, I think, 900 we are going to be witnessing in the years. next administration. Robert S. LaRussa, of , to be million and some dollars, and will lose Under Secretary of Commerce for Inter- But I also hope that Senator JOHN another $900 million, or so. national Trade. I think we need to make a funda- MCCAIN, the Senator from Arizona, and Marjory E. Searing, of Maryland, to be As- mental decision: Is it a high enough na- the Senator from Wisconsin, Mr. FEIN- sistant Secretary of Commerce and Director tional priority? GOLD, will be able to accomplish some- General of the United States and Foreign I am not prepared to make a decision thing that has been lingering over this Commercial Service. yet that the taxpayers of America place. It is overdue. It has been talked Michael Prescott Goldwater, of Arizona, to should subsidize a rail system for about forever, and it has never been ac- be a Member of the Board of Trustees of the America. I think the Senator from New complished. The reason I made a deci- Barry Goldwater Scholarship and Excellence sion to leave this body that I love dear- in Education Foundation for a term expiring Jersey would agree with me that the October 13, 2005. west coast needs one probably almost ly was because I didn’t want to go out Frederick G. Slabach, of California, to be a as much as the east coast does. and raise that money. Member of the Board of Trustees of the We need to make a fundamental deci- The Senator from Arizona and the Harry S. Truman Scholarship Foundation for sion about what the Government’s role Senator from Wisconsin, Mr. FEINGOLD, a term expiring December 10, 2005. December 15, 2000 CONGRESSIONAL RECORD — SENATE S11833

Betty F. Bumpers, of Arkansas, to be a DEPARTMENT OF TREASURY the United States Agency for International Member of the Board of Directors of the Ruth Martha Thomas, of the District of Development. United States Institute of Peace for a term Columbia, to be a Deputy Under Secretary of INTERNATIONAL MONETARY FUND expiring January 19, 2001. the Treasury. Margrethe Lundsager, of Virginia, to be Betty F. Bumpers, of Arkansas, to be a DEPARTMENT OF THE TREASURY United States Alternate Executive Director Member of the Board of Directors of the Jonathan Talisman, of Maryland, to be an of the International Monetary Fund for a United States Institute of Peace for a term term of two years. expiring January 19, 2005. Assistant Secretary of the Treasury. Barbara W. Snelling, of Vermont, to be a AGENCY FOR INTERNATIONAL DEVELOPMENT DEPARTMENT OF JUSTICE Member of the Board of Directors of the Everett L. Mosley, of Virginia, to be In- Loretta E. Lynch, of New York, to be United States Institute of Peace for a term spector General, Agency for International United States Attorney for the Eastern Dis- expiring January 19, 2005. Development. trict of New York for the term of four years. DEPARTMENT OF THE TREASURY Holly J. Burkhalter, of the District of Co- DEPARTMENT OF JUSTICE lumbia, to be a Member of the Board of Di- Glenn A. Fine, of Maryland, to be Inspec- Lisa Gayle Ross, of the District of Colum- rectors of the United States Institute of tor General, Department of Justice. bia, to be Chief Financial Officer, Depart- Peace for a term expiring January 19, 2005. ment of the Treasury. DEPARTMENT OF LABOR Mora L. McLean, of New York, to be a FOREIGN SERVICE Member of the Board of Directors of the Gordon S. Heddell, of Virginia, to be In- PN1176 Foreign Service nominations (84) spector General, Department of Labor. United States Institute of Peace for a term beginning John F. Aloia, and ending Paul G. expiring January 19, 2001. CORPORATION FOR NATIONAL AND COMMUNITY Churchill, which nominations were received Mora L. McLean, of New York, to be a SERVICE by the Senate and appeared in the Congres- Member of the Board of Directors of the Mark D. Gearan, of Massachusetts, to be a sional Record of July 26, 2000. United States Institute of Peace for a term Member of the Board of Directors of the Cor- PN1220 Foreign Service nominations (104) expiring January 19, 2005. poration for National and Community Serv- beginning Guy Edgar Olson, and ending Maria Otero, of the District of Columbia, ice for a term of two years. Deborah Anne Bolton, which nominations to be a Member of the Board of Directors of were received by the Senate and appeared in the United States Institute of Peace for a NATIONAL SCIENCE FOUNDATION the Congressional Record of September 7, term expiring January 19, 2003. Mark S. Wrighton, of Missouri, to be a Member of the National Science Board, Na- 2000. MORRIS K. UDALL SCHOLARSHIP & EXCELLENCE PN1221 Foreign Service nominations (20) tional Science Foundation, for a term expir- IN NATIONAL ENVIRONMENTAL POLICY FOUN- beginning James A. Hradsky, and ending Mi- ing May 10, 2006. DATION chael J. Williams, which nominations were Eric D. Eberhard, of Washington, to be a DEPARTMENT OF LABOR received by the Senate and appeared in the Member of the Board of Trustees of the Mor- Leslie Beth Kramerich, of Virginia, to be Congressional Record of September 7, 2000. an Assistant Secretary of Labor. ris K. Udall Scholarship & Excellence in Na- Mr. LOTT. I thank Senator DASCHLE, tional Environmental Policy Foundation for UNITED STATES INSTITUTE OF PEACE Senator HARKIN, Senator MACK, Sen- a term expiring October 6, 2002. Seymour Martin Lipset, of Virginia, to be ator HELMS, and a number of others DEPARTMENT OF JUSTICE a Member of the Board of Directors of the who have worked to get this list United States Institute of Peace for a term Randolph D. Moss, of Maryland, to be an cleared. Assistant Attorney General. expiring January 19, 2003. f DEPARTMENT OF JUSTICE DEPARTMENT OF STATE David W. Ogden, of Virginia, to be an As- Luis J. Lauredo, of Florida, to be Perma- RECESS APPOINTMENTS sistant Attorney General. nent Representative of the United States to Mr. LOTT. Mr. President, one note Daniel Marcus, of Maryland, to be Asso- the Organization of American States, with ciate Attorney General. the rank of Ambassador. on these nominations and appoint- ments: UNITED STATES INSTITUTE OF PEACE Rust Macpherson Deming, of Maryland, a Career member of the Senior Foreign Serv- I understand that United States Barbara W. Snelling, of Vermont, to be a ice, Class of Minister-Counselor, to be Am- Presidents have for years had the abil- Member of the Board of Directors of the bassador Extraordinary and Plenipotentiary United States Institute of Peace for a term ity to recess appoint nominations. I of the United States of America to the Re- expiring January 19, 2001. know of many instances going back at Marc E. Leland, of Virginia, to be a Mem- public of Tunisia. least to the 1950s. I also understand Ronald D. Godard, of Texas, a Career Mem- ber of the Board of Directors of the United ber of the Senior Foreign service, Class of that many majority leaders—including States Institute of Peace for a term expiring Minister-Counselor, to be Ambassador Ex- Senator BYRD and Senator Mitchell— January 19, 2003. have had words of caution for Presi- Harriet M. Zimmerman, of Florida, to be a traordinary and Plenipotentiary of the Member of the Board of Directors of the United States of America to the Co-operative dents of the United States when they United States Institute of Peace for a term Republic of Guyana. were majority leader with respect to Michael J. Senko, of the District of Colum- expiring January 19, 2003. recess appointments. I know that this Holly J. Burkhalter, of the District of Co- bia, a Career Member of the Senior Foreign majority leader, as well as Senator Service, Class of Counselor, to be Ambas- lumbia, to be a Member of the Board of Di- BYRD, are very much concerned about sador Extraordinary and Plenipotentiary of rectors of the United States Institute of recess appointments—especially ap- Peace for a term expiring January 19, 2001. the United States to the Republic of the Marshall Islands, and to serve concurrently pointments to the Federal judiciary— BARRY GOLDWATER SCHOLARSHIP & and without additional compensation as Am- during a period of time after we ad- EXCELLENCE IN EDUCATION FOUNDATION bassador Extraordinary and Plenipotentiary journ sine die, or at the beginning, Donald J. Sutherland, of New York, to be a of the United States of America to the Re- frankly, of the year right as we go into Member of the Board of Trustees of the public of Kiribati. the new administration. Congress has Barry Goldwater Scholarship and Excellence Howard Franklin Jeter, of South Carolina, seen this area to continue to erode. I in Education Foundation for a term expiring a Career Member of the Senior Foreign Serv- August 11, 2002. ice, Class of Minister-Counselor, to be Am- think we need to deal very aggressively DEPARTMENT OF COMMERCE bassador Extraordinary and Plenipotentiary with it. The Vacancy Act that Senator Arthur C. Campbell, of Tennessee, to be of the United States of America to the Fed- BYRD has worked on is something Assistant Secretary of Commerce for Eco- eral Republic of Nigeria. about which we need to be very serious. nomic Development. Lawrence George Rossin, of California, a I hope this administration will heed Career Member of the Senior Foreign Serv- APPALACHIAN REGIONAL COMMISSION these words of caution and understand ice, Class of Counselor, to be Ambassador Ex- the concerns of the whole Senate. Ella Wong-Rusinko, of Virginia, to be Al- traordinary and Plenipotentiary of the ternate Federal Cochairman of the Appa- I yield the floor. United States of America to the Republic of Mr. BYRD. Mr. President, will the lachian Regional Commission. Croatia. DEPARTMENT OF STATE Brian Dean Curran, of Florida, a Career Senator yield? Richard A. Boucher, of Maryland, a Career Member of the Senior Foreign Service, Class Mr. LOTT. I would be glad to yield Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Ex- the floor before we return it to Senator of Minister-Counselor, to be an Assistant traordinary and Plenipotentiary of the LAUTENBERG, if I might. Secretary of State (Public Affairs). United States of America to the Republic of The PRESIDING OFFICER. The Sen- DEPARTMENT OF THE TREASURY Haiti. ator from New Jersey has the floor. Lisa Gayle Ross, of the District of Colum- AGENCY FOR INTERNATIONAL DEVELOPMENT Mr. LAUTENBERG. Mr. President, bia, to be an Assistant Secretary of the Barry Edward Carter, of the District of Co- you do that job perfectly with dili- Treasury. lumbia, to be an Assistant Administrator of gence, for the record. S11834 CONGRESSIONAL RECORD — SENATE December 15, 2000 I am happy to yield. In fact, I would We all play politics some, but we are life ‘‘during good behavior.’’ I don’t be afraid not to yield to our distin- fooling around a little too deeply with know whether there have been judges guished Senator, my friend from West the fountain of politics. I hope we don’t appointed during a recess of the Senate Virginia. poison that well by attempting to pull in the face of this provision which I Mr. BYRD. Mr. President, I thank a fast one here. Is that what the Sen- have just read, to wit: the distinguished Senator. I will not ator is talking about? The President shall have power to fill up speak long. Mr. LOTT. I understand, of course, all vacancies that may happen during recess Mr. President, the distinguished ma- that is a possibility. We have not been of the Senate by granting commissions jority leader has made reference to re- notified of any recess appointments or which shall expire at the end of their next cess appointments. Let me read what is any Federal judicial appointment dur- session. in the Constitution. I read from section ing this recess period. However, I note That is all I have to say. I have been 2 of article II of the Constitution: it has been done in the past, and there concerned about that, I say to the dis- tinguished majority leader. I have The President shall have Power to fill up has been some suggestion it could all Vacancies that may happen during the occur during the next 6 weeks before worked with the distinguished Senator Recess of the Senate, by granting Commis- the next Inauguration. from Tennessee, Mr. THOMPSON, and his sions which shall expire at the End of their I want to check on exactly what committee, and a former Senator, who next Session. would be the situation. I understand was the ranking member of that com- Having been the majority leader in even a Federal judge’s term would ex- mittee, John Glenn. We hammered out the Senate earlier in my years here, I pire, depending on when it happened, at some legislation. I was concerned have been very careful to caution the end of the Congress, but there about the fact that the administration Presidents not to make recess appoint- would be tremendous pressure then to was appointing people who stayed in ments during the recess of the Senate reappoint that person. I agree with the those positions for a year, for 2 years, unless there is indeed an emergency Senator that any appointment of a for longer than 2 years, so we ham- that arises. Federal judge during a recess should be mered out legislation and passed it in That is the purpose of this. That pro- opposed, regardless of who they are or the Senate—the Vacancies Act. vision in the United States Constitu- whether it is Republican or Democrat. About 6 months ago, I asked Senator tion is not put in there to enable any I commit myself now to remember that THOMPSON how the law was working. President, Republican or Democrat, to when there is a Republican administra- He indicated he would get back to me play games with the Senate, or to at- tion, as well as a Democratic adminis- in answering my question at some tempt to do a one-upmanship simply tration. point. because the Senate is out of session. I do know there were Federal judges I just happened to be here on this I hope that Presidents, Democratic back in the early 1950s appointed by floor, during the comments of the ma- and Republican, will be very careful in President Eisenhower. That was a mis- jority leader and I can’t stress too filling a vacancy that ‘‘may happen’’ take then, and it would be one now. I greatly my concern about recess ap- during a recess. That is the way the understand that could be con- pointments of Federal judges. Constitution reads. templated. This word of caution on I hope the majority leader, if he will I hope there is no effort to take ad- your behalf and on mine on behalf of pardon my presumptuousness, will try vantage of those words by appointing the Senate, hopefully, will cause that to get some understanding with the ad- someone to fill vacancies that have not to happen. ministration about that. That is the been in existence for some time. I espe- Mr. BYRD. Mr. President, if the dis- way I always did when I was majority cially hope that no administration will tinguished majority leader will yield leader: I got some understanding. attempt to fill a Federal judgeship dur- further. Mr. LOTT. Mr. President, I say to the Mr. LOTT. I am happy to yield to the ing the recess of the Senate. After all, distinguished Senator from West Vir- Senator. a Federal judgeship is an appointment ginia, that is very good counsel. I will Mr. BYRD. I presume to offer the ma- do that on a personal basis. I will also for life. That is not an appointment jority leader a suggestion, what I just until the end of the next session. follow an example that I believe has would do if I were in his place. I would been carried out in the past by Senator Federal judgeships are, through the write to the President and urge that no Constitution, for life tenure if they BYRD, maybe even by Senator Dole: In such recess appointment be made, and writing, get an understanding or some conduct themselves appropriately put it in writing, make a record of it. while in office. clarification. I will do that letter, and Furthermore, if I were the majority it will include this colloquy which just I want to say this: I am opposed to leader, I would talk with the adminis- judgeship appointments during a re- occurred. tration. I thank the Senator for his com- cess. I hope that any President will Mr. LOTT. I appreciate that. ments, and I yield the floor. proceed very cautiously and not at- Mr. BYRD. I am not trying to tell the f tempt to take advantage of the situa- Senator what to do, but this is a seri- tion by appointing judgeships during ous thing with me. As for the politics LEGISLATIVE SESSION the recess of the Senate. of it, I am not talking Democratic poli- The PRESIDING OFFICER. Under How long will this Senate be in re- tics or Republican. But there is such a the previous order, the Senate will now cess? thing as comity between the executive resume legislative session. Mr. LOTT. I say to the Senator from branch and the legislative branch. The Senator from New Jersey. West Virginia, I believe we will be in There is such a thing as the Constitu- Mr. LAUTENBERG. Mr. President, I recess slightly over 2 weeks, probably tion, and I happen to hold a copy in my suspect you are getting weary of 17 days, until the new Congress comes hand right now. There is also such a issuing that statement. in on January 23. thing as the prerogatives of the Senate. Mr. President, just because I want to Mr. BYRD. I can only see through my I try to defend those prerogatives. talk about 18 years of service doesn’t own eyes, but I don’t consider that to The Senator made a comment about mean I have to take 18 hours to do it. be too long a time to await the ap- recess appointments. I hope he will get I will try to consolidate it. pointment of a Federal judgeship or some assurance. If there is any doubt I have been talking about things that any other office, unless it should be in his mind—any doubt—that this ad- meant so much to me in the Senate Secretary of Defense or perhaps Sec- ministration or any other is going to and about the honor given when one is retary of State. But it is certain that try to make a recess appointment, es- elected to this office. Too often it is there is no need to fill judgeships dur- pecially of a Federal judgeship, while denigrated in the heat of battle for vic- ing this 2 weeks, or whatever it is. We the Senate is out for these two or three tory in elections and again criticism of will be back here. I will not support weeks. I hope the Senator will get a government and the bureaucrats, and any administration, Democratic or Re- commitment out of the administration, so forth. It gets to a point where I must publican, that attempts to fill Federal if he can, that that will not happen. say I am very defensive, particularly judgeships while the Senate is in re- That is going pretty far, in my judg- for the staff who give so much of them- cess. I think that is playing politics. ment—to appoint a Federal judge for selves to make things happen. December 15, 2000 CONGRESSIONAL RECORD — SENATE S11835 Part of the work we have done over break, that we will have these people funny thing is, it seemed that a spirit these years has proven to be of benefit. receive compensation directed at hav- of bipartisanship just emerged without I hope I will be forgiven for taking ing those nations that support ter- it being put into a record book or a some minutes to talk about things that rorism pay for it. We are trying to get program design. It just worked that can happen. I am proud of the work I an understanding that, no matter what way. did on gun safety, especially the law you do, if you support terrorism or you I served on the Budget Committee. I which takes guns away from domestic commit an act of terrorism, you are did see Senator PETE DOMENICI here. I violence offenders who abuse their going to have to pay for it, and pay se- did that for 16 years. I worked with the wives and their children. I am dis- verely. best. PETE DOMENICI is an outstanding appointed that more wasn’t done to I am proud of the work, also, I was chairman. We disagree on some of the close the gun show loophole which per- able to do on the Budget Committee, policy things, but I wanted Senator mits people to buy weapons without especially the 1997 balanced budget DOMENICI to know how much I re- any identification. I hope in the 107th agreement that laid the foundation for spected his work as chairman of the Congress, with the new Members on some of the surpluses we are now en- Budget Committee. I finally got his at- both sides of the aisle, people who joying. I must say, when I walked tention. come here with good credentials, with across the lawn with the President of Senator DOMENICI and I had some dis- those who have been here in the past the United States and watched him agreements—we had many agreements. from the 106th Congress, we will pass sign that bill, I thought it was a mo- But above all, we maintained respect that law. ment I only wished my parents could for one another. That even developed, Tobacco. Often when I am on an air- have seen. if I might describe it, as affection for plane, I am thanked by flight attend- I have served with many great men one another, a respect for the turn our ants and passengers for writing the ban and women in the Senate. I have re- lives have taken and the problems we on smoking in airplanes. It was a move spect for all of them. I cannot name both would like to solve in our society. that changed our country’s cultural at- them all at this time, but I do want to We had Jim Exon, Jim Sasser, Sen- titude on smoking. The tobacco indus- mention some of the special ones. I ator STEVENS, we had some really good try has to understand that. I hope sci- worked with great majority and minor- people—Lawton Chiles—who worked to entists have seen signs of under- ity leaders. When I came here in 1983, chair these committees. There are oth- standing and cooperation that will lead Senator Howard Baker was the major- ers who left us with a memory of some them to work with us, through the ity leader. I found him to be one of the greatness: People such as TED KEN- FAA, to try to come to some kind of most honorable people I have met. His NEDY, PAT MOYNIHAN, fighters such as reconciliation of the position they are word was his bond, and he taught me Howard Metzenbaum, Dale Bumpers, in where smoking brings so much dam- some early lessons when I asked him statesmen such as JOE BIDEN, Lloyd age and costs to our society. They are for a letter confirming a statement he Bentsen, and my colleague Bill Brad- beginning to know that, and I hope had made to me, a promise he had ley; and American heroes such as they come up with something to per- made to me about a piece of legisla- DANNY INOUYE, Bob Dole, BOB KERREY, mit citizens to avoid the poisons, the tion. So I said: May I have a letter to and John Glenn—people who paid, in addiction that results from cigarette that effect? He said: If you need a let- many cases, steep prices for their serv- smoking. ter from me, we are all in trouble. ice to country. The Superfund is another program on I was startled for a moment. But I We worked with Presidents from both which I worked fairly diligently for a could see then that Senator Howard parties. Despite our differences, I was long time without success, so far, in Baker was a man of his word, as I have able to get things done with Presidents terms of getting it reauthorized, as it seen with other leaders on both sides. Reagan and Bush. Particularly with should be with a tax income that has Senator was minority President Reagan, as I noted, I was those responsible, who could be respon- leader when I came; later in the 1980s, able to get the legislation in place that sible for that pollution, pay for the Senator George Mitchell, Senator Bob raised the legal drinking age to 21. cleanups. We missed passing a bipar- Dole, distinguished leaders of our two President Bush signed my legislation tisan brownfields bill this year and parties. In the 1990s, I had the privilege to ban smoking on all domestic air- hope that will take place next year. to work under the stewardship of Sen- lines. I don’t know whether that says As we have reviewed tonight, trans- ator and my good friend something about the old saw that di- portation is one of my deepest inter- Senator TOM DASCHLE, among the very vided leadership in the various parts of ests. In working the bill to maintain good people who served in leadership government maybe produces good re- our mass transit system, highways, roles. It is not an easy place to man- sults. I wish I could have tried it all airports, and ports have been a top pri- age. I don’t know whether there is ever my way, but it did not get to work. But ority for me as chairman and ranking going to be a school of hard knocks the system does work. member of the Appropriations Trans- that is going to teach people how to I cannot leave this place with any portation Subcommittee. I believe we run the Senate. But I think it has to be criticism of the place not working or so will face a serious transportation learning under fire with an occasional forth. Sometimes the work goes slower crunch in the future, as discussed, un- singeing here and there. than you would like. Sometimes it is less we develop high-speed rail wher- As a long-time member of the Appro- more painful than you would like. But ever we can throughout this country. priations Committee, I served under the fact is, this institution of govern- That is why this passage of the High terrific leadership: Senator Hatfield, ment does work, and the people across Speed Rail Investment Act is so crit- Senator Stennis, Senator STEVENS, and the country have to know that, even as ical. And, once again, I thank the lead- Senator BYRD. I don’t think anyone of we looked at this kind of torturous ers for agreeing. I include the chairman either party would quibble with my process that followed the election we of the Appropriations Committee, Sen- opinion that our friend Senator BYRD just completed. We are on to a new ator STEVENS, and the ranking mem- has been one of the great Senators in Presidency. We are on to the hope for ber, Senator BYRD, for their willing- the history of this Republic. the next century, for the next adminis- ness to cooperate getting that Amtrak I have served for almost 16 years on tration at least, that America will be bill in place next year. the Senate Environment and Public able to continue to enforce its leader- Also, I am delighted to have served Works Committee. That committee ship in the world, not only militarily with our friend, Senator CONNIE MACK was led by extraordinary leadership, or functionally, but morally as well. from Florida, who is also in the process Senators such as Bob Stafford, Lloyd So, Mr. President, it has been quite a of retiring from the Senate. He and I Bentsen, Quentin Burdick, John go that I have had, to use the expres- worked very hard to get passage of a Chafee, PAT MOYNIHAN; and BOB SMITH sion. I worked very hard for my State. bill that punishes those who would has taken over the reins there. MAX I love New Jersey. I was born there. We commit terrorist acts and to help the BAUCUS is the ranking member, and have had Members in Congress there victims of terrorism. We came to a their leadership has been excellent. We from both parties, and we worked to- conclusion, before we left on our last worked hard to get things done. The gether on a variety of joint Federal and S11836 CONGRESSIONAL RECORD — SENATE December 15, 2000 State matters such as transportation, as dedicated as anyone who has been Konwinski, Peter Kurdock, Lou Januzzi, An- health care, and welfare. We had Gov- elected to office. drew Larkin. ernors such as Tom Kean, Jim Florio, I want to take a few minutes to name Vanessa Lawson, Josh Lease, Steve Leraris, Mada Liebman, Julie Lloyd, Ruth and the present Governor Christine for the RECORD people such as Eve Lodder, Eve Lubalin, Sander Lurie, Amy Todd Whitman. We were able to put Lubalin, my first legislative director, Maron, Colleen Mason. politics aside and work together for the who served for many years as my chief Denise Matthews, Katie Melone, Melissa good of the people of the State of New of staff and campaign manager as well. Miller, Maggie Moran, Courtenay Morris, Jersey. I am deeply grateful to the peo- She worked on so many of our accom- Marty Morris, John Mruz, Sue Nelson, Mark ple of New Jersey. I thank them for plishments in 17 years in my office. Nevins, Liz O’Donoghue. Tony Orza, Deborah Perugini, Blenda putting their trust in me by sending Mitchell Oster worked on my 1982 Pinto, Lisa Plevin, Michael Pock, Ellie me to the U.S. Senate for three terms. campaign and later was my legislative Popeck, Peter Rogoff, Mike Rose, Nadine I hope I have made good on their trust director. He was an excellent, smart, Rosenbaum, Jon Rosenwasser. and did the job they elected me to do. aggressive staffer. Nikki Roy, Peter Saharko, Laurie Saroff, I welcome JOHN CORZINE, who is A friend of mine who worked with me Dawn Savarese, Jack Schnirman, Paul going to take this seat in the 107th as a press secretary and State director Seltman, Jeff Siegel, Retha Sherrod, is Jim McQueeny. Tralonne Shorter, Lisa Singleton. Congress. He is a terrific fellow. He is Monica Slater Stokes, Arvind Swamy, going to do an excellent job, in my James Carville and Paul Begala man- Beth Tarczynski, Keith Totaro, Kathy view. I was pleased to work with him in aged my campaign in 1988. I hope that Unzicker-Byrd, Chip Unruh, Raj Wadhwani, the election and, as a matter of fact, was part of the propulsion that led Barbara Wallace, Mitch Warren, Sharon through these past couple of weeks as them to the lofty positions they had in Waxman, Ted Zegers. well, to see if I could be of help to him campaign logistics and successes. Mr. LAUTENBERG. Finally, Mr. as he gets himself established, ready to Karin Elkis has been on my staff President, this is not a day without take on the assignments of the Senate since 1983. emotion. Eighteen years of my life as Senator from New Jersey. Bruce King is the staff director of the have been spent here, 18 of the most I also extend my thanks to President Senate Budget Committee. satisfying years one could imagine. and Vice President AL Sandy Lurie, my current chief of Couple that with some 3 years in the GORE. Their leadership in the past 8 staff, has been on the staff for 10 years Army, and I have served the Govern- years has resulted in unprecedented and has been involved in so many of ment for 20 years. growth and prosperity for our country. my initiatives. I have enjoyed it all. It has been an For that I am grateful. Their leader- Maggie Moran is my State director. incredible learning experience for me, ship also helped us solve some of the Dan Katz, my outstanding legislative but I owe a special thanks to four peo- problems that beset the world, whether director, has helped me with so many ple: My four children, Ellen, Nan, Lisa, it was in Kosovo or Ireland, where divi- public health issues. and Josh. I asked them in the early sion and torment and violence existed Tom Dosh has worked for me for 18 stages what they thought about my for so many years. It is working its years, skillfully running the adminis- running for office. I was chairman of a way slowly to a peaceful coexistence trative and financial management side very large company, and life was pret- between the parties there. President of all my offices. ty good. They all agreed that it was Clinton deserves enormous credit for And my long-time assistant Eleanor something I ought to do. We did not re- that and our intervention in Kosovo to Popeck has worked for me for over 35 alize at the time what kind of an inter- stop the killing and abuse of people years. She was with me as an assistant ference with normal family life it there. when I ran ADP and has worked in my would be. It has taken lots of time We look at the Clinton years as years Washington office and Newark office as away from our enjoyment of doing of good government, of good accom- well. She is an outstanding public serv- things together. plishment, to say President Clinton ant. Her contributions have been sig- I came to the Senate because I love and Vice President GORE will be re- nificant. them so dearly that I wanted to make membered for the good things they Peter Rogoff has worked with me on sure their lives would be safer and brought to this country. the Appropriations Transportation fuller. How was that to be accom- I thank my staff, perhaps the most Subcommittee for over 10 years and plished? It was not by earning more as- loyal anyone could have, and many of has assisted me with so many major sets and resources. I knew my children them are here tonight and have stayed transportation accomplishments. and my grandchildren could never be as with me, as they say, to the end. Many There are many others over the safe as I would like them to be unless of them have their own concerns, their years, and I wish I had time to mention everybody’s children were as safe as own families, their own futures, their them all. That would be disagreeable they should be by getting rid of vio- own careers to look after, but they with some of the people in the Cham- lence in the streets, in the commu- stuck by, and we continued to get ber. I ask unanimous consent to print nities, in the neighborhoods, in the things accomplished—even this, though in the RECORD a list of my key staffers schools. it is my last active day as a Senator, over the years. How does one do that? I could not though I will be a Senator until Janu- There being no objection, the mate- single my kids out and say, OK, let’s ary 3. My staff and I are showing we rial was ordered to be printed in the make sure they are safe and protected. are still fighting to get things done. RECORD, as follows: No, I had to say all people’s children I was pleased with the outcome for STAFF SINCE JANUARY 1999 AND OTHER KEY have to be safe and protected, and that Amtrak. Our people have worked long STAFF is what I have tried to do here. hours with great energy. They are tal- Amy Abraham, Jeff Acconzo, Sharon An- That was my inspiration. That out- ented, professional, bright, skilled peo- derson, Nisha Antony, Claudia Arko, Renee lined the goals I set for myself. That is ple who are totally committed to our Ashe, Bill Ayala, John Bang, Lisa Baranello, why I wanted to raise the drinking age, common view of public service. Wheth- Frederic Baron. lower the blood alcohol content, get Karyn Barr, Gabrielle Batkin, Steve Ben- er it was in my personal office, State son, Maggie Bierwith, Patrick Bogenberger, guns out of people’s houses, reduce offices, Budget or Appropriations Com- Natalie Broadnax, Dana Brookes, Aaron smoking in public areas, make sure mittees, my people made enormous Brusch, Scott Campbell, Cathy Carpino. toxic chemicals were known through- contributions day in and day out, and Rock Chueng, Sally Cluthe, Todd Coleman, out the communities in the Right To my service has been enriched and made Bill Crawley, Debbie Curto, Christy Davis, Know Act, and make sure terrorists did more effective by their contribution. Sallie Derr, Nicole Di Lella, Tom Dosh, An- not run freely through our society or I have had some great people on the drea Edwards. through the world chasing American staff over the years who have dedicated Karin Elkis, Val Ellicott, Rob Elliott, Ron Eritano, Jim Esquea, Kyra Fischbeck, Alex citizens, abusing them, killing them. their time and energy to advance our Formuzis, Alison Fox, Lorenzo Goco, Lisa I tried. I have not accomplished all of agenda. They have been outstanding Haage. those things, but a lot of them have public servants, anonymously serving Heidi Hess, Melissa Holsinger, David Hoo- been accomplished. I wanted the high- the public interest, not elected but just ver, Louis Imhof, Dan Katz, Bruce King, Lisa ways to be safer and the skyways to be December 15, 2000 CONGRESSIONAL RECORD — SENATE S11837 safer because of the belief I had that and for a period was also on Foreign But again, how to account for the people around the country would share Relations. Senators will know that it falling-off of congressional involve- my view on that. would be most unusual for someone to ment in foreign affairs. I offer the Now the pictures are off the wall, the serve on both Finance and Foreign Re- thought that the failure of our intel- furniture is moved out, the day is clos- lations at the same time. An account ligence, in the large sense of term, to ing for the end of my Senate service. I of how this came about may be of in- foresee—forsooth to conceive!—the col- will acknowledge that it was more terest. lapse of the Soviet Union has brought than skills and knowledge that brought The elections of 1986 returned a forth a psychology of denial and avoid- me here. Some of that was the pure Democratic majority to the Senate and ance. We would as soon not think too good fortune of the people of New Jer- the Democratic Steering Committee, of much about all, thank you very much. sey electing me the first time I went which I was then a member, began its I have recounted elsewhere the 1992 out to run for office. They did not biannual task of filling Democratic va- hearings of the Foreign Relations Com- know me from anybody else, but they cancies in the various standing com- mittee on the START I Treaty. Our su- looked at the record my company had mittees. There are four ‘‘Super A’’ perb negotiators had mastered every and how we built it from nothing to committees as we term them. In order mind-numbing detail of this epic agree- something important. They looked at of creation they are Foreign Relations, ment. With one exception. They had my service as commissioner of the Port Finance, Armed Services and Appro- negotiated the treaty with a sovereign Authority of New Jersey and New York priations. With the rarest exceptions, nation, the Union of Soviet Socialist that controls the bridges, tunnels, ter- under our caucus rules a Senator may Republics. Now they brought to us a minals, and buildings in New York that only serve on one of these four. treaty signed with four quite different was an appointed post. People looked There were three vacancies on For- nations: Russia, Ukraine, Belarus, and at me and said: Well, we don’t know eign Relations. In years past these Kazakhstan. When asked when this this guy, but it looks like he has done would have been snapped up. Foreign new set of signatories was agreed to, some things correctly. They saw pic- Relations was a committee of great the Committee was informed that this tures of my family. They know how de- prestige and daunting tasks. Of a sud- had just recently taken place at a voted I am to them. I also was chair- den however, no one seemed interested. meeting in Lisbon. An observer might man of one of the largest charities of The Senate was already experiencing well have wondered if this was the sce- the world for 3 years. They entrusted what the eminent statesman James nario of a Humphrey Bogart movie. me with this seat, the New Jersey seat, Schlesinger describes in the current The negotiators were admirably frank. that I occupied for 18 years. I always issue of The National Interest as ‘‘the The Soviet Union had broken up in De- refrain from calling it ‘‘my seat’’ be- loss of interest in foreign policy by the cember 1991. Few, if any, at their ‘‘end cause it is not; I filled it for a while. general public’’ (p. 110). Two newly- of the street’’ had predicted the col- In closing, I thank the occupant of elected Senators were more or less per- lapse. Let me correct the record: None the chair for the opportunities we have suaded to take seats. At length the had. had to share common goals and for his Steering Committee turned to me, as a As to the record, I would cite the 1991 decency in reviewing those with me former ambassador. I remained on Fi- article in Foreign Affairs by the esti- and having an open mind on many of nance. mable Stansfield Turner. The Admiral the issues. I thank my friend from Ne- And so I served six years under the had served as Director of Central Intel- ligence and knew the record. He was vada who stands as the guardsman of chairmanship of the incomparable Clai- blunt, as an admiral ought. I cite a pas- the floor in his assignment for the borne Pell of . I treasure sage in Secrecy: Democrats as the whip, and I note the the experience—the signing and ratifi- cation of the Strategic Arms Reduction [Turner wrote,] ‘‘We should not gloss respect I felt for him when I saw how over the enormity of this failure to arduously he worked to protect his Treaty (START I), the final days of the Cold War. But I continue to be puzzled forecast the magnitude of the Soviet State from becoming a nuclear dump, crisis. We know now that there were even when we struggled to find a place and troubled by our inattention to for- eign affairs. To be sure, the clearest many Soviet academics, economists to put that material —and we do have and political thinkers, other than to find a place. The fact of the matter achievement of this Congress has been in the field of foreign trade, with major those officially presented to us by the is, if we defend the interests of our Soviet government, who understood States in concert with the interests of enactments regarding Africa, the Car- ibbean, and China. These, however, long before 1980 that the Soviet eco- our country, we will have done our jobs nomic system was broken and that it have been the province of the Finance correctly. was only a matter of time before some- Committee, and it was with great dif- I hope the legacy I leave will create one had to try and repair it, as had ficulty and at most partial success did a brighter future for the people who Khrushchev. Yet I never heard a sug- Chairman BILL ROTH and I make the sent me here, for my eight wonderful gestion from the CIA, or the intel- grandchildren, and for all of those I connection between world trade and ligence arms of the departments of de- took the oath to serve. world peace. This would have been self- fense or state, that numerous Soviets Mr. President, I yield the floor. evident at mid-century. I remark, and I recognized a growing systemic eco- f believe there is a case, that any short nomic problem.’’ Turner acknowledged list of events that led to the Second REMINISCENCE AND FAREWELL the ‘‘revisionist rumblings’’ claiming World War would include the aftermath that the CIA had in fact seen the col- Mr. MOYNIHAN. Mr. President, on of the Smoot-Hawley Tariff of 1930. In- lapse coming, but he dismissed them: this last day of the 106th Congress I deed, in the course of the ceremony at ‘‘If some individual CIA analysts were would ask to be allowed a moment of which the President signed the meas- more prescient than the corporate reminiscence and farewell. ure naming possible permanent normal view, their ideas were filtered out in Come January 3—deo voluntus, as trade relations with China in connec- the bureaucratic process; and it is the the Brothers used to teach us—I will tion with its admission to the World corporate view that counts because have served four terms in the United Trade Organization, I observed that the that is what reaches the president and States Senate, a near quarter century. 1944 Bretton Woods Conference, which his advisors. On this one, the corporate In our long history only one other New conceived the World Bank, the Inter- view missed by a mile. Why were so Yorker, our beloved Jacob K. Javits, national Monetary Fund and antici- many of us insensitive to the inevi- has served four terms. I had the for- pated an international trade organiza- table? tune of joining the Finance Committee tion, opened on the day I joined the Just as striking is the experience of from the outset, and served for a period Navy. For certain there was no connec- General George Lee Butler, Com- as chairman, the first New Yorker tion, but my point was simply that in mander of the U.S. Strategic Command since before the Civil War. I was also, the midst of war the Allies were look- (STRATCOM) from 1990 to 1994. Again at one point, chair of Environment and ing to a lasting peace that might fol- to cite from Secrecy. Public Works. I have been on Rules and low, and this very much included the As the one responsible for drafting Administration for the longest while, absence of trade wars. the overall U.S. strategy for nuclear S11838 CONGRESSIONAL RECORD — SENATE December 15, 2000 war, Butler had studied the Soviet lectuals and others the world over. At sioned during the Cold War. The Post Union with an intensity and level of Harvard, Daniel Bell would patiently reports that we now have some 7,982 detail matched by few others in the guide students through the facts that warheads linked to nine different deliv- West. He had studied the footage of the there were two Russian Revolutions; ery systems, ICBMs, SLBMs and bomb- military parades and the Kremlin, had the first democratic, the second in ef- ers. These are scheduled to decline to scrutinized the deployments of Soviet fect totalitarian. But this was lost on 3,500, half on Trident II submarines, missiles and other armaments: ‘‘In all, all but a few. under the Start II agreement. Younger he thought of the Soviet Union as a It would appear that the Soviet col- argues that still fewer are needed. Any fearsome garrison state seeking global lapse was so sudden, we were so unpre- one of which would wipe out any large domination and preparing for certain pared for it, that we really have yet to city on earth. It appears that other ex- conflict with the West. The only rea- absorb the magnitude of the event. It perts believe that a few dozen to sev- sonable posture for the United States, was, after all, the largest peaceful rev- eral hundred of today’s high-yield war- he told colleagues, was to keep thou- olution in history. Not a drop of blood heads would suffice to manage the sands of American nuclear weapons at was shed as a five hundred year old em- standoff with Russia or China. There the ready so that if war broke out, pire broke up into some twelve nations, is, perhaps more urgently, the matter Washington could destroy as much of Azerbaijan, Armenia, Belarus, Georgia, of nuclear weapons in what are for the Soviet nuclear arsenal as possible. Kazakhstan, the Kyrgyz Republic, some reason still called Third World It was the harrowing but hallowed Moldova, Russia, Tajikistan, nations, a relic of Cold War usage. Nu- logic of nuclear deterrence.’’ But But- Turkmenistan, Uzbekistan and clear standoff has settled into the ler began having doubts about this pic- Ukraine, whilst formerly independent South Asian subcontinent. The pros- ture, upon which so much of U.S. for- nations absorbed into the Soviet Bloc, pect that an ‘‘Islamic Bomb’’ will mi- eign policy was based, by the time of Poland, the Czech Republic, Lithuania, grate westwards from Pakistan is real his first visit to the Soviet Union, on Latvia, Estonia et al., regained their enough. It may be happening at this December 4, 1988. When he landed at independence. In the aftermath there moment. The more then do we need Sheremetyevo Airport, on the out- has been no book, no movie, no posters, open debate. The more urgent then is skirts of Moscow, he thought at first no legend. Senator KERREY’s assertion that Con- that the uneven, pockmarked runway To the contrary, weak Russia grows gress be involved. His profound obser- was an open field. The taxiways were steadily weaker—possibly to the point vation that ‘‘Sometimes secrecy pro- still covered with snow from a storm of instability, as shown in the miser- duces its opposite; less safety and secu- two days earlier, and dozens of the run- able events in Chechnya. We see a gov- rity.’’ way lights were broken. Riding into ernment of former agents of the intel- I have remarked on how little notice downtown Moscow in an official motor- ligence services and the secret police. has been taken of the Russian revolu- cade, Butler noticed the roads were We see continued efforts at increasing tion of 1989–91. By contrast, the ‘‘infor- ragged, the massive government build- armament. Witness the sinking of the mation revolution’’ has become a fix- ings crumbling. He was astonished nuclear submarine Kursk. We see the ture of our vocabulary and our pro- when the gearshift in his car snapped return of the red flag. We see little en- nouncements on the widest range of off in his driver’s hand. After pouring gagement with the West, much less the subjects, and at times would seem to over thousands of satellite photos and East where China looms with perhaps dominate political discourse. It might thirty years’ worth of classified re- ten times the population and far more do well to make a connection as ports, Butler had expected to find a economic strength. Francis Fukuyama does in the current modern, functional industrialized And the United States? Apart from a issue of Commentary. In his review of a country; what he found instead was few perfunctory measures, and one se- new book by George Gilder with the ‘‘severe economic deprivation.’’ Even rious, the Nunn-Lugar program, almost suggestive title Telecom: How Infinite more telling was ‘‘the sense of defeat in no response. To the contrary, at this Bandwidth Will Revolutionize Our the eyes of the people. . . . It all came moment we have, as we must assume, World, Fukuyama makes the connec- crashing home to me that I really had some 6,000 nuclear weapons targeted on tion. been dealing with a caricature all those Russia, a number disproportionate at Why, then, do those convinced that years.’’ the height of the Cold War, and near to the revolution is already triumphant General Butler was right. More than lunacy in the aftermath. When, as Sen- shake their heads so sadly at those of he might have known. This fall former ator LUGAR estimates, the Russian de- us who ‘‘just don’t get it?’’ True, people National Security Advisor Zbigniew fense budget has declined to $5 billion a want to feel good about themselves, Brzezinski estimated that the economy year. and it helps to believe that one is con- of ‘‘Russia is one-tenth the size of What is more, other than the highest tributing to some higher social purpose America and its industrial plant is echelon of the Pentagon, no doubt while pursuing self-enrichment. But it about three times older than the OECD some elements of the intelligence com- must also be conceded that the infor- average.’’ The population has dropped munity, possibly the Department of mation-technology revolution really from 151 million in 1990 to 146 million State, no American knows what the does have more going for it than pre- in 1999. Infant mortality is devastating. targeting plan is. In particular, Mem- vious advances in, say, steam or inter- Far from overwhelming the West, it is bers of Congress, possibly with very nal combustion (or, one suspects, than problematic as to whether Russia can few exceptions, do not know. Are they the coming revolution in bio- maintain a presence east of the Ural refused information? Just recently, our technology). Mountains. If you consider that the esteemed colleague, J. ROBERT KERREY The mechanization of production in empire of the Czars once extended to of Nebraska, wrote the Secretary of the 19th and early 20th centuries re- we can judge the calam- Defense, William S. Cohen, a former warded large-scale organization, rou- ity brought about by sixty-some years colleague of ours, to set forth the facts tinization, uniformity, and centraliza- of Marxist-Leninism. of this insane situation. tion. Many of the great works of imagi- And yet we did not judge. To say There are signs that an open debate nation that accompanied this process, again, the United States government concerning nuclear weapons may be from Charlie Chaplin’s Modern Times had no sense of what was coming, not afoot. In The Washington Post re- to Aldous Huxley’s Brave New World, the least preparation for the implosion cently, we learn of the response to a depicted individuals subsumed by huge of 1991. proposal by Stephen M. Younger, asso- machines, often of a political nature. In 1919, John Reed, a Harvard grad- ciate director of Los Alamos National Not so the information revolution, uate, and later a Soviet agent wrote Laboratory and head of its nuclear which usually punishes excessively Ten Days that Shook the World, his weapons work, proposing a great reduc- large scale, distributes information and celebrated account of the Russian Rev- tion in the number of massive weapons hence power to much larger groups of olution, as it would come to be known, now in our arsenal in favor of smaller people, and rewards intelligence, risk, in October 1917. In no time these events devices intended to deal with much creativity and education rather than acquired mythic dimension for intel- smaller engagements than those envi- obedience and regimentation. Although December 15, 2000 CONGRESSIONAL RECORD — SENATE S11839 one would not wish to push this too far, They now report that ‘‘the combined home after dinner. Would it be too far- it is probably no accident that the So- effects of the Wen Ho Lee affair, the re- fetched to ask when will the next Pro- viet Union and other totalitarian re- cent fire at [Los Alamos] and the con- vost of the Massachusetts Institute of gimes did not survive the transition tinuing swirl around the hard-drive Technology choose to leave the banks into the information age. episode have devastated morale and of the Charles River for the swamps of Is it possible to hope that we might productivity at [Los Alamos]. the Potomac? give some serious thought to the pos- The employees we met expressed fear Now I don’t doubt that, as opposed to sible connection? And to ask ourselves and deep concern over the . . . yellow an intelligence official, there are am- just how we measure up in this regard? crime-scene tape in their workspace, bassadors who don’t take their work That said, is it not extraordinary and the interrogation of their colleagues by home at night. Over the years the worrying that of a sudden we find our- . . . federal prosecutors before a grand United States has created a number of selves in a state of great agitation con- jury and the resort of some of their col- postings with just that attraction. But cerning security matters all across our leagues to taking a second mortgage on these are few. The great, overwhelming government, from our nuclear labora- their homes to pay for attorney fees. number of our ambassadors and their tories at home to embassies abroad to There is no denying that Lee and embassy associates are exceptional the topmost reaches of government? whoever misplaced the computer drives persons who have gone in harm’s way The late Lars-Erik Nelson described it committed serious breaches of secu- to serve their country. I was ambas- as ‘‘spy panic.’’ In the process the pos- rity. But the resulting threat to our sador to India at the time our ambas- sibility emerges that our national se- safety is only theoretical; the damage sador to Sudan and an aide were ab- curity will be compromised to a degree to morale, productivity and recruit- ducted from a reception by Islamic ter- unimaginable by mere espionage. The ment is real. rorists, spirited away and murdered. possibility is that we could grievously Employees were furious at being Some days later the Egyptian envoy in degrade the most important institu- forced to take routine lie-detector New Delhi asked to see me. He had a tions of foreign and defense policy—our tests, a requirement imposed on them message from then-Egyptian President capacity for invention and innova- by a panicky Secretary of Energy. . . . Anwar Sadat to tell me that their in- tion—through our own actions. Obviously, there is a need for secu- telligence sources reported I would be Take the matter of the loss, and evi- rity in government. A Los Alamos em- next. It is a not uncommon occurrence. dent return in clouded circumstances ployee gave Baker and Hamilton an ob- But nothing so common as taking work of two hard drives containing sensitive vious, easy solution. Unfortunately, it home, or working in a—usually heavily nuclear information from the Nuclear will be the one most likely to be adopt- armored—embassy limousine. Ask any Energy Search Team at Los Alamos ed: ‘‘The safest and most secure way to former ambassador to Israel. Our em- National Laboratory. This June, Sec- do work is not to do any work at all.’’ bassy in Tel Aviv is an hour’s drive retary of Energy Bill Richardson asked In the course of the Commission on from the capital in Jerusalem. The two of our wisest statesmen, the Hon- Protecting and Reducing Government drive up and back is routinely used to orable Howard H. Baker, Jr., and the Secrecy (of which more later), a Com- dictate memoranda of conversation, Honorable Lee H. Hamilton, to enquire mission member, then-Director of Cen- type them on a laptop. Whatever. This into the matter. Here are the Key tral Intelligence John M. Deutch, re- fall, the superbly qualified, many Findings of their report of September vealed to the American people the ex- would say indispensable ambassador to 25th. traordinary work of the VENONA Israel, Martin S. Indyk, was stripped of While it is unclear what happened to project, an enterprise of the Army Se- the missing hard drives at Los Alamos his security clearances for just such ac- curity Agency during and after World tions. I cite Al Kamen’s account in The National Laboratory, it is clear that War II. During the war the agency there was a security lapse and that the Washington Post. began to copy KGB traffic from and to Just the other day, ambassador to consequences of the loss of the data on the United States. On December 20, the hard drives would be extremely Israel Martin S. Indyk was deep into 1946, Meredith K. Gardner—I am happy the State Department doghouse for damaging to the national security. to say still with us, buoyant and bril- Among the known consequences of ‘‘suspected violations’’ of security reg- liant as ever—‘‘broke’’ the first. Dated the hard-drive incident, the most wor- ulations. His security clearance was 2 December 1944, it was a list of the risome is the devastating effect on the suspended, so he couldn’t handle classi- principal nuclear scientists at Los Ala- morale and productivity of LANL, fied materials. He needed an escort which plays a critical national-security mos. Bethe, Bohr, Fermi, Newman, while in the State Department build- role for the Nation. Rossi, Kistiakowsky, Segre, Taylor, ing. The department’s diplomatic secu- The current negative climate is in- Penney, Compton, Lawrence and so on. rity folks wanted him to stay in this compatible with the performance of The Soviets knew, and in time stole es- country until their investigation was good science. A perfect security system sentials of the early atom bomb. But completed. at a national laboratory is of no use if what they could not do, was to slow At a White House briefing Monday, a the laboratory can no longer generate down or deter the work of these great reporter asked if Indyk could ‘‘function the cutting-edge technology that needs men, who would take us further into as ambassador? Do we have a func- to be protected from improper disclo- the age of the hydrogen bomb. Next, tioning ambassador?’’ sure. their successors to yet more mind- ‘‘Not at the moment,’’ press sec- It is critical to reverse the demor- bending feats. The Soviets could not retary Jake Siewert said. alization at LANL before it further un- stop them. Would it not be the final Allow me to cite a report by the re- dermines the ability of that institution triumph of the defunct Cold War if we doubtable Jane Perlez, who was just re- both to continue to make its vital con- stopped them ourselves? cently reporting from Pyongyang on tributions to our national security, and Do not dismiss this thought. If you the psychotic security measures in the to protect the sensitive national-secu- happen to know a professor of physics, capital of North Korea. Eerily similar rity information that is critical to the enquire as to how many ‘‘post-docs’’ antics were to be encountered on Sep- fulfillment of its responsibilities. are interested in weapons research, tember 30, Ms. Perlez reported: Urgent action should be taken to en- given the present atmosphere. To work STATE DEPT. UNFREEZES HUNDREDS OF PRO- sure that Los Alamos National Labora- at one-third the salary available else- MOTIONS AFTER DELAY FOR SECURITY RE- tory gets back to work in a reformed where, and take lie detector tests. VIEW security structure that will allow the And then there is intelligence. Nel- WASHINGTON, Sept. 29.—A continuing secu- work there to be successfully sustained son quotes a ‘‘former top intelligence rity crackdown at the State Department led over the long term. official’’ who told him, ‘‘If you’re not to the freezing of promotions for more than Almost alone among commentators, taking secrets home, you’re not doing 200 senior officials, pending a review of their security records, department officials said Lars-Erik Nelson pursued the matter, your job.’’ And yet here we are today. describing the interviews Senator harassing John M. Deutch, a scientist The director general of the Foreign Serv- Baker and Representative Hamilton of the greatest achievement, a public ice, Marc Grossman, said he was assessing had with lab personnel. servant of epic ability for—working at the promotion files for security violations S11840 CONGRESSIONAL RECORD — SENATE December 15, 2000 before sending the promotions to the White damage—the parallels are eerie—to fidential, Secret, Top Secret—and House, which then dispatches them to Con- American security came from the dis- there are numerous higher designa- gress for approval. inclination of the intelligence commu- tions. It is simply a matter of judge- The release of the list was delayed after nity—then largely in the Army—to ment for anyone who has a rubber the suspension of the security clearance of one of the department’s most senior officials, share information with ‘‘civilians.’’ stamp handy. Our bill was unani- Martin S. Indyk, ambassador to Israel, and a Specifically, documents obtained from mously reported from the Committee sudden vigilance by Secretary of State Mad- the F.B.I. indicate that President Tru- on Governmental Affairs, under the eleine K. Albright, who is under pressure man was never told of the Army Sig- fine chairmanship of Senator FRED from Congress on security problems. nals Security Agency’s decryptions of THOMPSON, with the full support of the This evening, the department said that Soviet cables during and after the war. then-ranking Committee member, our ‘‘under 10’’ officials had been barred from He thought the whole business of Com- revered John Glenn. But nothing came promotions after Mr. Grossman’s review of of it. The assorted government agen- 400 candidates. The nearly 400 people in- munist spying was a ‘‘red herring.’’ In cluded 200 midlevel officials, whose pro- 1953 he termed Whittaker Chambers cies, covertly if you like, simply motions were released today after a and Elizabeth Bentley ‘‘a crook and a smothered it. The bureaucracy tri- weeklong delay. louse.’’ American diplomacy and the umphed once more. Thomas Jefferson’s As word of the latest action spread through Department of State in particular were dictum that ‘‘An informed citizenry is the department, an assistant secretary of for years haunted by charges they vital to the functioning of a demo- state complained at a senior staff meeting could readily have dealt with had they cratic society’’ gave way before the this week that management faced ‘‘rage’’ in but known what their own government self-perpetuating interests of bureauc- the building and increasingly demoralized knew. And who issued the instruction racy. employees, according to several accounts of I am pleased to report that this the session. that the President was not to be told? Others, as well as diplomats abroad, com- General Omar N. Bradley whom the year’s Intelligence Authorization bill, plained of a poisonous atmosphere in the de- President had made Chairman of the which is now at the White House await- partment created, in part, by security offi- Joint Chiefs of Staff. (Admittedly it is ing President Clinton’s signature, in- cials who grilled junior Foreign Service offi- hard to prove a negative.) But I was re- cludes the Public Interest Declassifica- cers about their superiors. One senior official assured by an article in the Summer tion Act. The measure establishes a said the obsession with security had created edition of the ‘‘Bulletin’’ of the CIA’s nine-member ‘‘Public Interest Declas- a ‘‘monster’’ out of the bureau of diplomatic sification Board’’ of ‘‘nationally recog- security, which Congress generously finances Center for the Study of Intelligence. In to the detriment of other areas of the depart- it, Deputy CIA historian Michael War- nized experts’’ who will advise the ment. ner votes with the judgment I offered President and pertinent executive In a yet more eerie analogy, one depart- earlier in my book ‘‘Secrecy.’’ branch agencies on which national se- ment employee described the situation as a What might it be that Secretary curity documents should be declas- ‘‘security jihad.’’ Albright needs to know today but has sified first. Five members of the Board It doesn’t stop. It accelerates! Just this not been told? A generation hence we will be appointed by the President and month The Washington Post reported the might learn. If, that is, the current se- four members will be appointed by the resignation of senior diplomats, the suspen- Senate and the House. sion of another, the firing of a further two crecy regime goes unaltered. over security matters. For the moment, however, I have fur- The Board’s main purpose will be to J. Stapleton Roy, one of the nation’s two ther distressing news for Ambassador help determine declassification prior- most senior foreign service officers and a Stapleton if he should have occasion to ities. This is especially important dur- three-time U.S. ambassador, has resigned in return to the Department of State ing a time of Congress’ continual slash- protest after Secretary of State Madeleine K. main building for one or another rea- ing of the declassification budgets. In Albright suspended his deputy without pay son. I have just received a copy of a let- addition to the routine systematic and fired two other long-time State Depart- ter sent to David G. Carpenter, Assist- work required by President Clinton’s ment officials over a missing top-secret Executive Order 12958, the intelligence laptop computer. . . . ant Secretary of State for the Bureau The departure of Roy and the reassignment of Diplomatic Security. Another re- community is also required to process of [Donald] Keyser will rob the department cently retired Ambassador, a states- Freedom of Information Act requests, of two of its top China experts. The son of a man of large achievement and impec- Privacy Act requests, and special missionary, Roy grew up in China, returned cable reputation recently called at searches levied primarily by members to the United States to go to Princeton Uni- Main State, to use their term. He was of Congress and the administration. versity, then joined the foreign service. He frisked at the entrance. He was allowed There is a need to bring order to this later served as ambassador to China, Indo- into the building, but assigned an ‘‘es- increasingly chaotic process. This nesia and Singapore. Keyser had served in cort,’’ who accompanied wherever he Board may just provide the necessary Beijing three times, had been the State De- guidance and will help determine how partment’s director of Chinese and Mongo- went. Including, the ambassador lian affairs, and most recently held the rank writes, ‘‘the men’s room.’’ our finite declassification resources of ambassador as a special negotiator for It is difficult not to agree with the can best be allocated among all these conflicts in Nagorno-Karabakh and former Ambassador’s assessment that ‘‘the ‘es- competing demands. Soviet republics. cort’ policy is insulting and totally out My hope is that the Board will be a ‘‘That’s a lot of brainpower suddenly re- of proportion to any desired enhance- voice within the executive branch urg- moved from the State Department,’’ said ment of security.’’ But then so is so ing restraint in matters of secrecy. I William C. McCahill, a recently retired for- much of security policy as it has have tried to lay out the organiza- eign service officer who served as the deputy tional dynamics which produce ever chief of mission in Beijing. ‘‘Keyser is a bril- evolved over the past sixty years. liant analyst and a person of great intellec- What is to be done? Surely we must larger and more intrusive secrecy re- tual honesty and rigor. Stape is the kind of search for a pattern in all this. Our gimes. I have sought to suggest how person you want in INR, someone who can Commission proposed a simple, direct damaging this can be to true national think beyond today and tomorrow, who can formation. Secrecy is a form of regula- security interests. But this is a modest think beyond established policy.’’—The tion. achievement given the great hopes Washington Post, December 5, 2000. In the previous Congress, legislation with which our Commission concluded With some hesitation I would call to was prepared to embody the essentials its work. I fear that rationality is but mind the purge of the ‘‘China hands’’ of the Commission recommendations. a weak foil to the irrational. In the end from the Department of State during All classified materials would bear the we shall need character as well as con- the McCarthy era. As our Commission name and position of the person assign- viction. We need public persons the established with finality, there was in- ing the classification and the date, sub- stature of George P. Shultz, who when deed a Soviet attack on American di- ject to review, that the classification in 1986 learned of plans to begin giving plomacy and nuclear development dur- would expire. It is not generally real- lie detector tests for State Department ing and after World War II. There were ized, but apart from atomic matters, employees, calmly announced that the early and major successes. The design under the Atomic Energy Act of 1954 day that program began would be the of the first atom bomb. But not much and a few other areas there is no law day he submitted his resignation as else, and for not much longer. The real stipulating what is to be classified Con- Secretary of State. And so of course it December 15, 2000 CONGRESSIONAL RECORD — SENATE S11841 did not begin. And yet with him gone, The author or editor of eighteen vive Pennsylvania Avenue and restore the bureaucratic imperative reappears. books, Senator MOYNIHAN has been at the Federal Triangle. It was an ex- And so Mr. President, I conclude my the forefront of the national debate on traordinary stroke of fortune that PAT remarks, thanking all my fellow Sen- issues ranging from welfare reform, to MOYNIHAN, a deputy to Labor Secretary ators present and past for untold cour- tax policy to international relations. Goldberg who played a primary role in tesies over these many years. His most recent book, written in 1998, the effort, had the responsibility to f ‘‘Secrecy: The American Experience’’ draft a report that contained core ideas expands on the report of the Commis- for redevelopment. The Federal Tri- RETIREMENT OF SENATOR DANIEL sion on Protecting and Reducing Gov- angle, including the Ronald Reagan PATRICK MOYNIHAN ernment Secrecy of which he was the Building, and the Judiciary Building— Mr. LEVIN. Mr. President, it saddens Chairman. This is a fascinating and to mention just a few—are dramatic me to note that the Senate will soon provocative review of the history of the evidence of his contributions that will lose one of its most visionary and ac- development of secrecy in the govern- live for years to come in the founda- complished members, a great Amer- ment since World War I and argument tion of these magnificent buildings. ican, Senator DANIEL PATRICK MOY- for an ‘‘era of openness’’. I cannot resist the temptation to re- NIHAN. At home in New York, in a state call that Senator MOYNIHAN was fond of It boggles the mind just to think of which is known for its rough and tum- noting that it was Treasury Secretary all of the important positions that PAT ble politics, he has shown leadership Andrew Mellon who initially cham- MOYNIHAN has held, including cabinet again and again, demonstrating the pioned the idea of reviving the Federal or subcabinet posts under four presi- power of intellect and the ability to Triangle and establishing it as an dents: John Kennedy, Lyndon Johnson, rise above the fray. That has been a international trade and cultural cen- , and Gerald Ford. He wonderful contribution not just to New ter. It took a man of PAT MOYNIHAN’s served as Ambassador to India in the York but to all of America. talent, character and foresight to pick 1970’s and then as U.S. Ambassador to As they leave the Senate family, up and finish that vision, started in the the United Nations. He came to the which will never forget their huge con- early 1930s, in such a grand manner. United States Senate in 1977 already a tribution, we salute PAT and Elizabeth I would be remiss were I not to take scholar, author and public official of MOYNIHAN. a minute to thank Senator MOYNIHAN great distinction and renown. In the 24 Mr. WARNER. Mr. President, in the for his leadership and the personal years he has spend here, he has only 211-year history of the United States courtesies he extended to me, as he greatly expanded his enormous reputa- Senate, the State of New York has one took the initiative to name the depart- tion and body of work. PAT MOYNIHAN of the richest and most storied leg- mental auditorium at the Commerce is a Senator’s Senator. Over the years, acies. Department building, the Andrew Mel- he has earned the respect of every Since 1789, New York has sent to the lon Auditorium. It truly is a remark- member of the Senate. Senate 63 Senators. I have had the dis- able structure and aptly named. PAT MOYNIHAN is a person who has tinct privilege of serving with four of Over 200 years ago, Pierre L’Enfant, shown tremendous vision throughout them, most memorably, Senator DAN- as he laid plans for the new United his life. He has shown foresight about IEL PATRICK MOYNIHAN. States capital, could only hope that a the importance of a strong family and When the people of New York elected man like Senator MOYNIHAN would one about the importance of strong com- PAT MOYNIHAN to represent them near- day work with such compassion and munities in America. He raised the ly 25 years ago, they sent to Wash- perseverance to keep alive the true ington a uniquely gifted and talented critical important of these basic values spirit and design envisioned in the man. Those are the reasons, Senator and concerns about the deterioration of original blueprints of George Washing- MOYNIHAN is one of only two, out of 63 these family values, long before others. ton’s federal city. Senators from New York, to have been He has shown great foresight about our One of the most rewarding assign- elected to four consecutive terms in ments in my own career in public serv- Constitution. One of the highlights for the United States Senate. ice, has been the opportunity to serve me in my service in the Senate was Senator MOYNIHAN began his service with Senator MOYNIHAN as a member of joining Senator MOYNIHAN and Senator to this nation more than 50 years ago the Smithsonian’s Board of Regents. ROBERT BYRD in fighting against the when he served in the United States The talented men and women who have line item veto as a violation of our Navy from 1944–1947—and he never served on the Board are unquestionably Constitution. And, he has shown great stopped being ‘‘Mr. Public Servant.’’ committed to the arts and preserving foresight about the world and the role He served one governor, New York’s this nation’s cultural heritage. And I of the United States in international Averell Harriman, and four United am certain, that all of them who have affairs. His work at the United Nations States Presidents: two Democrats, served with him would agree that PAT and in the Senate, as a former Chair- Presidents Kennedy and Johnson, and MOYNIHAN’s leadership and guiding wis- man of the Senate Select Committee two Republicans, Presidents Nixon and dom have been indispensable. on Intelligence, and as Chairman of the Ford. Beyond the physical monuments to Finance Committee have been marked What a record. PAT MOYNIHAN has his achievements, I will always remem- by his perceptive, analytical, and given more than three quarters of his ber PAT MOYNIHAN for his humor, his worldly view on trade, foreign policy, life to his nation and his state. This intellect, his grace, his eloquence, and and intelligence matters. Long before country, the United States Senate, and his humility. others, Senator MOYNIHAN was speak- New York are joyously thankful. All of us here, before we cast the first ing of the economic and ultimately He has been a leader in so many vote, before we discharge the first re- military weaknesses of the Soviet areas that it challenges one to list sponsibility, take the oath of office. We Union and predicting its collapse. them all. But his impact on public ar- solemnly commit ‘‘to support and de- It is virtually impossible to list all of chitecture, monuments for future gen- fend the constitution. . . .’’ ‘‘Against PAT MOYNIHAN’s accomplishments in erations, are the hallmarks which this all enemies. . . .’’ we commit ‘‘to bear the U.S. Senate. Among the most last- quiet gentleman reveres. true faith and allegiance’’ and we un- ing, however, will be his efforts on be- For over fifteen years now, I have dertake ‘‘to faithfully discharge’’ our half of architectural excellence in the had the privilege of serving with PAT duty. Senator MOYNIHAN was a man of nation’s capital. He was a crucial force on the Senate’s Environment and Pub- his word and here in the Senate he has behind the return to greatness of the lic Works Committee. I have been for- always been true to his principles and Pennsylvania Avenue corridor between tunate to work closely with him and true to his oath. the U.S. Capital and the White House, observe his tireless effort and commit- PAT MOYNIHAN has been a giant in the restoration of Washington’s beau- ment to maintaining the architectural the Senate for some time. I only hope tiful, elegant, and historic Union Sta- integrity of our great public institu- that the years ahead give him the time tion, and the construction of the tions. he has always wanted to do those Thurgood Marshall Judiciary Building Some 40 years ago, the Kennedy Ad- things he has never quite had the time here on Capitol Hill. ministration made the decision to re- to do. S11842 CONGRESSIONAL RECORD — SENATE December 15, 2000 The Senate and the nation know Sen- ‘‘Everyone,’’ says Moynihan the social sci- what comes afterward is the true beginning ator MOYNIHAN as a true patriot, a gen- entist, ‘‘is entitled to his own opinion but of the legend. tlemen, and a statesman. His legacy is not his own facts.’’ When in 1993 the Clinton The president appoints Labor Secretary Arthur J. Goldberg to co-chair ‘‘something a remarkable gift we will benefit from administration’s Goals 2000 asserted that by 2000 America’s high school graduation rate with the unpromising title of Ad Hoc Com- for years to come. would be 90 percent and American students mittee on Federal Office Space.’’ To Moy- In closing, I would like to submit for would lead the world in mathematics and nihan, then Goldberg’s 34-year-old deputy, the RECORD two articles that appeared science achievements, Moynihan acidly com- falls the duty of finding out exactly how in the Washington Post—one, written pared these goals to the old Soviet grain pro- much space is needed, and writing the re- by George Will and the other by Ben- duction quotas. Of the projected 2000 out- port. It is far-fetched to imagine a 15-page com- jamin Forgery. I ask to have printed in come, Moynihan said: ‘‘That will not hap- pen.’’ It didn’t. mittee report about government office space the RECORD these articles, so all citi- having much significance for even 38 min- zens can read of the enormous con- Moynihan has written much while occu- pying the dark and bloody ground where so- utes after being written. This one, completed in the spring of 1962, has had a far-reaching tributions Senator MOYNIHAN has made cial science and policymaking intersect. impact across 38 years, for it contained, im- to this institution, his home State of Knowing that the two institutions that most probably, the genesis of a plan to redevelop New York, and, indeed, this country. shape individuals are the family and the Pennsylvania Avenue. The Nation’s Capital—in the words state, he knows that when the former weak- The opportunistic idea was Goldberg’s—he that Navy men and women under- ens, the latter strengthens. And family had decided to try to do something about the stand—bids you a final ‘‘Well done, Sir. structure is ‘‘the principal conduit of class avenue when surveying its fragmented, de- We salute you as the L’Enfant of this structure.’’ Hence Moynihan’s interest in caying north side from a slow-moving lim- century.’’ government measures to strengthen fami- ousine during Kennedy’s inaugural parade. lies. But the brilliant words were Moynihan’s. There being no objection, the mate- Moynihan understands that incantations rial ordered to be printed in the He vividly sketched the ‘‘scene of desola- praising minimalist government are Amer- tion’’ on the northern side, opposite the im- RECORD, as follows: ica’s ‘‘civic religion, avowed but not con- pressive classic revival buildings of the 1930s [From the Washington Post, Sept. 17, 2000] straining.’’ Government grows because of the Federal Triangle. He sensitively summarized FAREWELL, MR. MOYNIHAN ineluctable bargaining process among inter- the avenue’s history, showing a rare under- (By George F. Will) est groups that favor government outlays standing of the crucial role assigned to it in that benefit them. And government grows Pierre Charles L’Enfant’s 1791 plan—‘‘sym- When this Congress ends, so will one of the because knowledge does, and knowledge bolizing,’’ Moynihan wrote, ‘‘at once the sep- broadest and deepest public careers in Amer- often grows because of government. aration of powers and the fundamental unity ican history. Daniel Patrick Moynihan—par- Knowledge, says Moynihan, is a form of in the American Government.’’ ticipant in John Kennedy’s New Frontier, capital, much of it formed by government in- Above all, Moynihan showed that he under- member of Lyndon Johnson’s White House vestment in education. And knowledge be- stood cities. The avenue’s poor state meant staff, Richard Nixon’s domestic policy ad- gets government. He says: Behold Califor- that private capital soon would begin the viser, Gerald Ford’s ambassador to India and nia’s Imperial Valley, unchanged since ‘‘the process of tearing down and building anew. the United Nations, four-term senator—will receding of the Ice Age.’’ Only God can make The opportunity had arisen, he wrote, ‘‘to walk from the Senate and political life, leav- an artichoke, but government—specifically, design and construct what would, in effect, ing both better for his having been in them, the Bureau of Reclamation—made the valley be a new avenue,’’ and the federal govern- and leaving all who observe them berefit of a cornucopia. Time was, hospitals’ biggest ment had a historic duty ‘‘to maintain the rare example of a public intellectual’s expense was clean linen. Then came tech- standards of buildings and architecture in life lived well—adventurously, bravely and nologies—diagnostic, therapeutic, pharma- the nation’s capital.’’ leavened by wit. cological—that improved health, increased Moynihan’s vision was humane and, for its The intellectual polarities of his life have costs and expanded government. time, exceptionally urbane. ‘‘Care should be been belief in government’s ameliorative ‘‘Not long ago,’’ Moynihan has written, ‘‘it taken,’’ he admonished, ‘‘not to line the powers—and in William Butler Yeats’s defla- could be agreed that politics was the busi- north side with a solid phalanx of public and tion of expectations for politics: ness of who gets what, when, where, how. It private office buildings which close down Parnell came down the road, he said to a is now more than that. It has become a proc- completely at night and on weekends. . . . cheering man: ess that also deliberately seeks to effect such Pennsylvania Avenue should be lively, Ireland shall get her freedom and you will outcomes as who thinks what, who acts friendly, and inviting, as well as dignified still break stone. when, who lives where, who feels how,’’ Moy- and impressive.’’ Having served four presidents, Moynihan More than any other American politician nihan appreciates the pertinence of political wrote that he did not remember ever having of the second half of the 20th century, Moy- philosopher Michael Oakshott’s cautionary heard at a Cabinet meeting ‘‘a serious dis- nihan has engaged the issue of architecture, words: ‘‘To try to do something which is in- cussion of political ideas—one concerned urban design and infrastructure. He has used herently impossible is always a corrupting with how men, rather than markets, be- his intellectual prowess, political skills and enterprise.’’ sheer power to establish meaningful rules, to have.’’ Regarding the complexities of behav- The 14-year-old Moynihan was shining ior, Moynihan has stressed the importance of save historic buildings, to improve federal shoes on Central Park West when he heard architecture, to get buildings built. Wash- ethnicity—the Balkans, the Bronx, come to about Pearl Harbor. In the subsequent six that. Moynihan knew how wrong Marx was ington has been the great beneficiary of decades he has been more conversant with, these involvements—most dramatically on in asserting the lost saliency of pre-indus- and more involved in, more of the nation’s trial factors, such as ethnicity and religion, the section of the great boulevard linking transforming controversies than anyone else. the Capitol and the White House. in the modern age. Who will do what he has done for the intel- His gift for decorous disruptions was ap- There is a sense in which the rebuilding of lectual nutritiousness of public life? The na- parent early, when, during a 1965 audience Pennsylvania Avenue became Moynihan’s tion is not apt to see his like again, never with Pope Paul VI, at a time when the destiny. Partly by chance, partly by design, having seen it before him. Church was reconsidering its doctrine of the he has been around to persuade, push and prod a vision into reality. And, for the last 10 collective guilt of Jews for Christ’s cru- [From the Washington Post, Oct. 7, 2000] years, he has been able to watch it happen cifixion, Moynihan, a Catholic, shattered with his wife, Elizabeth, from their apart- protocol by addressing the pope: ‘‘Holy Fa- MOYNIHAN’S LEGACY IS WRITTEN IN STONE ment above the Navy Memorial and Market ther, we hope you will not forget our friends (By Benjamin Forgey Square, on the avenue between Ninth and the Jews.’’ Later, an unsettled member of Sen. Daniel Patrick Moynihan, on the edge Seventh Streets NW. the audience, the bishop of Chicago, said, of retirement as the 106th Congress argues Soon after the report was published, Gold- ‘‘We need a drink.’’ Moynihan said, ‘‘If its way to a finish, tells the story whenever berg was appointed to the Supreme Court. they’re going to behave like a Medieval he feels the audience is right. And why not? Moynihan thus inherited responsibility for court, they must expect us to take an oppor- It is a true-life Washington legend. shepherding the avenue dream in the Ken- tunity to petition him.’’ Time: Summer 1961. Place: The White nedy administration. He became great pals During his U.N. service he decided that House. Scene: A Cabinet meeting with Presi- with Nathaniel Owings, the celebrated archi- U.S. foreign policy elites were ‘‘decent peo- dent John F. Kennedy. The nation’s chief tect Kennedy chose to come up with a plan. ple, utterly unprepared for their work’’ be- policymakers are busily deliberating foreign The pair would walk the avenue in the eve- cause ‘‘they had only one idea, and that was affairs but pause, Moynihan says, ‘‘when the nings and talk excitedly of its past and fu- wrong.’’ It was that the bad behavior of next-most-important issue in government ture while sitting, recalls Moynihan, on other nations was usually a reaction to comes up—which, of course, is office space.’’ ‘‘those nice, strong benches next to the Na- America’s worse behavior. He has been a lib- That line always gets a laugh. Moynihan tional Archives.’’ eral traditionalist, keeper of Woodrow Wil- knows Washington and knows what people Then, after Kennedy was assassinated, son’s crusade for lawful rather than normless think about Washington—one-liners at the Moynihan helped keep the project alive dur- dealings among nations. expense of the bureaucracy never miss. But ing the Lyndon Johnson presidency—nothing December 15, 2000 CONGRESSIONAL RECORD — SENATE S11843 had been built. He had the enthusiastic col- Just about single-handedly did Moynihan derstanding of history, and ability to laboration of White House counsel Harry arrange for the construction of the distin- draw parallels between seemingly unre- McPherson Jr., and an invaluable plug from guished U.S. Judiciary Building next to lated topics to enlighten our under- Jacqueline Kennedy, who ‘‘saved the under- Union Station. He was a crucial negotiator standing of both. taking in a farewell call on President John- in the brilliant deal by which New York and son,’’ Moynihan recalls. Thereafter, he says, Washington each get a share of the National I have had the particular pleasure of Johnson ‘‘took Mrs. Kennedy’s wishes as Museum of the American Indian. Moynihan serving with Senator MOYNIHAN on the something of a command.’’ fought to get cars off Frederick Law Finance Committee for eight years. As Moynihan admits that, as much as he liked Olmsted’s Capitol grounds. He continues to Chairman and as ranking member of and admired Nat Owings, he did not care for wage an enlightened campaign for reason- the Finance Committee, Senator MOY- Owings’s formidable first plan. It was a ‘‘ter- ableness about security in federal buildings. NIHAN has been a true leader. Starting rible plan,’’ he now says, though he did not The list could go on. say so at the time. The young politician was in 1993, when I took Senator Bentsen’s Of course, it isn’t simply Washington that seat on the Committee and Senator perhaps a bit in awe of the elder Great Archi- has benefited. As might be expected, Moy- tect—lots of people were. The firm that nihan’s own state has profited immensely as MOYNIHAN claimed his chairmanship, Owings had started in the 1930s—Skidmore, well. Chairman MOYNIHAN successfully guid- Owings & Merrill—was by then world-re- The new Penn Station—a complex, ongoing ed the 1993 economic plan through the nowned. project involving federal, state and city bu- committee and the Senate. That budg- How flawed was that first plan? Well, typ- reaucracies and private enterprise—is just et, which I was proud to help shape and ical of its time, it called for massive the latest of dozens of important examples. demolitions—including the National Press support, laid the foundation for our There’s much talk of calling it ‘‘Moynihan current record economic expansion. Club building and the Willard and Wash- Station’’ because he was its ‘‘guiding light ington hotels. These were to be replaced by and soul,’’ says chief architect David Childs. That same year, we worked together to an impressively bloated National Square or Nor is it just Washington and New York. It expose the shortcomings of the North by massive buildings all in a row. is the nation. Two examples of many: The American Free Trade Agreement. Fortunately, time was not kind to this vi- Intermodal Surface Transportation and Effi- After Republicans took control of the sion. We can judge how lucky we are by pon- ciency Act of 1991 and its successor, the Senate in the 1994 election, Senator dering the one building that actually got Transportation Equity Act for the 21st Cen- MOYNIHAN was a fierce critic of their built: the FBI headquarters, that odd-look- tury (‘‘Ice Tea’’ and ‘‘Tea 21’’ for short), are ing, off-putting giant facing the avenue be- excessive budget proposals. We joined Moynihan bills through and through and in opposing shortsighted proposals to tween Ninth and 10th streets NW. through. By encouraging mass transit and It is possible that, even them, Moynihan loosening the highway lobby’s decades-old have Medicare ‘‘wither on the vine,’’ suspected he was in this for the long haul. As stranglehold on the nation’s transportation turn Medicaid into a block grant, and it happened, he left Washington in 1965 but policy, these laws do the country an esti- destroy welfare rather than reforming was backed by 1969—shockingly, to his lib- it. Senator MOYNIHAN was, as always, eral-Democrat colleagues—as top urban af- mable service. And then there are his ‘‘Guiding Principles fairs adviser to Republican President Rich- an especially passionate defender of of Federal Architecture.’’ They are straight- ard Nixon. teaching hospitals, warning that the Once again, Moynihan had lots to say forward and smart: There should be no offi- plan to slash spending for Medicare’s cial style; the architecture should embody about Pennsylvania Avenue. It is no coinci- graduate medical education would dence that during Nixon’s first term the ave- the ‘‘finest contemporary American archi- tectural thought.’’ Regional characteristics threaten medical research in this coun- nue plan was given real teeth in the 1972 leg- try—a fear that has proved well-found- islation creating the Pennsylvania Avenue should be kept in mind. Sites should be se- Development Corp. And it was a very dif- lected with care. Landscape architecture ed as teaching hospitals have struggled ferent, less destructive plan—much more in also is important. to survive the much smaller changes keeping with Moynihan’s original admonish- The principles take us back to that com- enacted as part of the compromise Bal- ment to be ‘‘lively, friendly and inviting.’’ mittee report of 38 years ago. Nobody asked anced Budget Act that emerged in 1997. Nothing much got build during the ’70s, for a Pennsylvania Avenue plan and no one The Finance Committee—and the but the PADC was quietly preparing the asked for architectural guidelines. Moynihan simply invented them and attached them to Senate—will not be the same without groundwork. By the time building got start- him. Who else will be able to gently ed in the early ’80s, Moynihan was back in the report, and they have functioned as a town, this time as a senator from New York. beacon for high-quality federal architecture tutor witnesses on the importance of Since then, he has been there tirelessly for ever since. the grain trade in upstate New York in the avenue—out front or behind the scenes, Moynihan’s act is almost impossible to fol- the early nineteenth century to a cur- in large matters or small. low. In the phrase of Rep. Earl Blumenauer rent debate about health care policy? How large? The Ronald Reagan Building (D–Oregon), another architecture fan, Moy- Who else will call for the Boskin and and International Trade Center—the big nihan possesses ‘‘a bundle of qualities’’ sel- Secrecy Commissions of the future? dom found in a single politician: a good eye, mixed-use federal building at Pennsylvania And who else will educate his col- and 13th Street NW—is one of his enthu- a first-rate mind, a passion for the subject, siasms. Back in the Kennedy years, Moy- lots of power, long experience, a certain leagues on the inequitable distribution nihan’s Labor Department office in the Fed- flamboyance, a canny sense of timing. of federal spending and taxation among eral Triangle had looked out on parking lot Nor is there likely to be another politician the various states? of ‘‘surpassing ugliness.’’ He never forgot, alive whose favorite quotation is Thomas Mr. President, I will miss PAT MOY- and that lot is where the Reagan Building Jefferson’s statement: ‘‘Design activity and NIHAN. But I have no doubt that he will stands. political thought are indivisible.’’ continue to be part of the debate. As How small? Moynihan never forgot, either, Mr. CONRAD. Mr. President, today, I Senator MOYNIHAN retires to his be- that the Ariel Rios Building, at 13th Street, wish to pay tribute to the very distin- had been left incomplete when work on the loved farm in upstate New York, I join Federal Triangle ceased; its brick sidewall guished Senator from New York, who my colleagues in looking forward to was left exposed ‘‘just like an amputated will be retiring at the end of this Con- more and more insightful treaties on limb,’’ in the words of J. Carter Brown, gressional session. new and complicated policy issues. chairman of the federal Commission of Fine Senator MOYNIHAN, as his recent bi- f Arts. Moynihan, Brown believes, was the ography makes clear, has been an in- ‘‘eminence grise who was able to shake the tellectual giant in the Senate and RETIREMENT OF SENATOR J. General Services Administration by the la- throughout his service to our nation. ROBERT KERREY pels and get that thing finished.’’ But if in one way or another Moynihan had The breadth of his interests—and his Mr. LEVIN. Mr. President, when the a hand in practically everything that was knowledge—is extraordinary. From Senate adjourns Senator BOB KERREY built—or saved—on this crucial stretch of questions about the architecture and will be retiring from the Senate. Pennsylvania Avenue, he also worked for urban development of Washington, D.C. BOB KERREY served his beloved state Washington in other ways. He helped might- to the problems created by single par- of Nebraska as a highly popular and ily to preserve and find new uses for three of ent families to the workings of the successful governor from 1982 to 1987. Washington’s most notable historic struc- International Labor Organization, Sen- As governor, he was widely credited for tures—the Old Patent Office (now housing ator MOYNIHAN has thought deeply and his efforts to balance the budget and two Smithsonian museums), the Old Post Of- fice (a mixed-use building because of a law designed policy answers. I don’t think for educational and welfare reform. In Moynihan pushed through) and the Old Pen- there’s a Senator who hasn’t learned 1988, he was elected to the Senate. But, sion Building (now the National Building something from Senator MOYNIHAN’s BOB KERREY established himself as a Museum). vast stock of personal experience, un- man of great courage and intellect long S11844 CONGRESSIONAL RECORD — SENATE December 15, 2000 before he was elected governor or en- few light moments together, even as we to duty, I predict he will someday soon tered the U.S. Senate. He was an Amer- worked to help the farmers and ranch- be back in public office. Enjoy this res- ican hero long before he became a Sen- ers we represent. His collegial approach pite, my friend, but harken to the ate hero. Now he’s both. Time and time crossed the aisle, too. Senator KERREY bugle-call in years to come for another again, he earned his reputation as one moved landmark agricultural legisla- career to strengthen our nation with of the most courageous members of tion to passage with hard work and the your ‘‘brand’’ of leadership. this body by taking on the toughest respect he garnered from his colleagues I shall miss our vigorous floor de- issues around—from entitlements to on both sides of the aisle, as he did this bates, our trips abroad to visit our health care, and speaking his mind no session with the crop insurance reform troops, our moments of levity as two matter what. He took on sacred cows bill. old bachelors. where others feared to act. He did so We also served together on the Sen- As we sailors say, ‘‘well done sir’’! with tremendous dash and daring, with ate Finance Committee, where Senator f a wonderful youthfulness and enthu- CONRAD has been an absolute bulldog RETIREMENT OF SENATOR SLADE siasm. His speeches against amending on the issue of entitlement reform. GORTON the First Amendment of our Constitu- Senator KERREY headed up the bipar- Mr. LEVIN. Mr. President, as this tion relative to flag burning, for in- tisan entitlement commission and session of Congress ends, Senator stance, have been speeches which I served on the Medicare Commission. of Washington will have often used as a resource back He was a particularly active partici- leave the Senate. Senator GORTON has home to prove that the most coura- pant in the centrist coalition, which long been a leader among the Repub- geous among us—those that have put worked to find common ground on licans and a thoughful voice in the budget issues during the partisan stale- their lives on the line for this coun- Senate. mate in 1995 and 1996—an effort that try—also believe in its Constitution Senator GORTON, a hard-worker, has with great passion and believe we must helped produce the 1997 Balanced Budg- served not only on the Senate not reduce its protections of our free- et Act. On these very difficult issues, Approriations Committee, where he doms in response to the behavior of a Senator KERREY has always been will- chairs the Interior Appropriations Sub- few misguided or extreme individuals. ing to consider policies that make committee, but on the Budget Com- As a member of the Senate Finance sense for the long term even when mittee, the Commerce, Science and Committee and the Senate Agriculture these policies carry a high political Transportation Committee, the Energy Committee, BOB has earned a reputa- price in the short term. He was a leader and Natural Resources Committee, and tion as a proponent of tax reform, in insisting that the Senate version of the Indian Affairs Committee. He has Medicare and Social Security reform, the Balanced Budget Act contain long carried an impressive workload. and as a tireless advocate for the na- term Medicare reforms as well as short In addition, SLADE GORTON, a former tions’ farmers. term fixes. Yet throughout these dis- Attorney General in the State of Wash- The Senate will sorely miss Senator cussions, Senator KERREY has also been ington, earned a reputation as a tough BOB KERREY’s wise and experienced a strong defender of the most vulner- proponent of fighting violent crime, voice on national security matters. able among us—from children in low particularly international terrorism. And, I will deeply miss his presence, al- income families struggling to get by While proud of his conservative cre- though I trust that we will see him with cash assistance, food stamps and dentials, SLADE GORTON was often will- often and that his new role at the New Medicaid to rural seniors who depend ing to reach across party lines to work School University will not keep him on adequate Medicare reimbursement with Democrats on issues like con- from weighing in on public policy to maintain health care in their local sumer affairs and an increase in the issues that so need his special touch. community. minimum wage . I have often thought, only half in All of us will miss his keen intellect, I admired SLADE GORTON’s work jest, that Senator KERREY should be his insight and his candor. We will miss along with Senator to awarded a second Congressional Medal his terrific sense of humor. We will fashion a sensible, balanced and expedi- of Honor for his many brave stands in miss his positive attitude. We will miss tious way to consider the impeachment the Senate to match the one he won in the unique perspective he brings to resolution sent to the Senate by the war. It has truly been a privilege to every discussion. We will miss his in- House of Representatives in 1998. While serve with BOB KERREY and I will miss tegrity and his courage. But most of the plan was ultimately not adopted by the noble passion and purpose he has all, we will miss the boundless enthu- the Senate, the careful and judicious brought to so many causes. siasm he brings to public service. There effort to put such a plan forward re- Mr. CONRAD. Mr. President, I rise is no question the Senate will soon be flected SLADE’s commitment to the today to pay tribute to my good friend made poorer by his departure, and dignity of the United States Senate. Senator BOB KERREY. I have mixed there is no doubt Senator KERREY will As this year winds to an end, I know emotions knowing that the United make the university community he that I am joined by my colleagues in States Senate, the State of Nebraska, now joins richer by brining these won- the Senate in wishing SLADE GORTON and the nation are losing a valued pub- derful attributes to his new position. and his wife, Sally, their three children lic servant at a time when we can ill We thank you Senator KERREY for and seven grandchildren, the very best afford to lose a person of such great your service to the United State Sen- in the years ahead. talent. I am saddened thinking about ate. Mr. CONRAD. Mr. President, I rise the loss of his valued presence in this And I thank you for your friendship. today to add my voice to those paying chamber. But, I also recognize that my Mr. WARNER. Mr. President. I rise tribute to Senator SLADE GORTON upon friend is leaving by his own choice to today to pay tribute to Senator ROB- his departure from the Senate. take on the challenges of a new adven- ERT KERREY of Nebraska. As Undersec- I have had the privilege of serving ture as president of the New School retary, then Secretary of Navy for over with Senator GORTON on the Senate University of New York City. New five years during the war in Vietnam, I Budget Committee for the past eight challenges and new accomplishments learned first hand the courage and sac- years. During this time, Senator GOR- are about to be added to his already rifice of the men and women of the TON has fought hard for the principles legendary list of achievements that in- armed forces who served our Nation. he believes in: a stable economy and a clude Medal of Honor recipient, entre- Lieutenant, USN, BOB KERREY earned balanced budget. He has made a signifi- preneur, governor, and Senator. our nation’s highest recognition for his cant contribution to bringing fiscal I smile as I think about the good valor and unwavering leadership during discipline to our nation. As part of that company my colleague has been at the that conflict. Those same extraor- effort, in 1996 Senator GORTON and I, as Senate Committee on Agriculture. I al- dinary personal attributes BOB KERREY part of the Centrist Coalition, worked ways felt as if the hearing room bright- brought to the Senate. with many other Senators to forge a ened up a notch when Senator KERREY Serving with BOB is a reward all Sen- compromise budget resolution that bal- entered the room. I appreciated greatly ators will cherish. Though the chal- anced fiscal responsibility with our na- the fact that we never failed to share a lenges of education will be his next call tion’s discretionary spending needs. December 15, 2000 CONGRESSIONAL RECORD — SENATE S11845 Senator GORTON can be proud of his vidual and distinguished colleague away. FRANK LAUTENBERG is first and contribution to ending the deficits of upon his retirement. At the close of the foremost a good friend. the 1980s and early 1990s. 106th Congress, Senator FRANK LAU- Of course, Senator LAUTENBERG is Senator GORTON has been a leader in TENBERG will step down from his posi- also a skilled legislator. We served to- the Senate by focusing on the high- tion as a United States Senator after 18 gether for years on the Appropriations tech revolution that has dramatically years of dutiful service to the people of Committee. Recently, the committee changed our economy. He has fought to New Jersey and the citizens of the debated an amendment to the Defense ensure that we are teaching the next United States of America. bill that would lead to the withdrawal generation of high-tech workers in our Senator LAUTENBERG has truly lived of U.S. troops to Kosovo. A veteran of schools and has fought to keep our the American Dream. The son of immi- the European theater in World War II high-tech sector the best-trained in the grants, Senator LAUTENBERG, was born and the builder of a data processing world. He has also been a champion of in the hard working town of Paterson, empire, Senator LAUTENBERG under- providing tax incentives for companies New Jersey in 1924. During his child- stood that democratic stability could to conduct the basic research and de- hood his family moved some twelve come only through a long-term and pa- velopment that has helped fuel the dra- times in search of employment, and his tient investment in peace. matic growth of the high-tech industry father spent a majority of his time What made Senator LAUTENBERG’s in recent years. working in the Paterson silk mills. argument so effective was not just the Finally, let me recognize the work After his high school graduation, ideas he possessed but the way he de- Senator GORTON has done as Chairman Senator LAUTENBERG answered his livered them. He has a rhetorical force of the Interior Appropriations Sub- country’s call to duty when he enlisted that I have always admired, and I committee. Every year he has had a and served in the Army Signal Corps in think that this ability to marry sound difficult task developing a spending Europe during World War II. Following ideas with effective speech-making is bill for the Interior Department and re- his military service, he enrolled in Co- what makes him such a stellar mem- lated agencies. He has also helped lumbia University on the G.I. Bill, and ber. other Senators to meet needs in their graduated with a degree in economics Of course, Senator LAUTENBERG had a own states, and I appreciate all of Sen- in 1949. number of legislative accomplish- ator GORTON’s help over the years to Senator LAUTENBERG then began a ments. He helped make our democracy meet particular needs in North Dakota. very successful business career. He and more transparent, opposing confusing Even when Senator GORTON could not two of his childhood friends founded smoke and mirrors as a Chairman and meet all the requests his colleagues Automatic Data Processing (ADP). Ranking Member of the Senate Budget presented, he was always fair in his ADP, a payroll services company, de- Committee. He promoted international consideration of each Senator’s needs. veloped into one of the largest com- justice, fervently urging the prosecu- Senator GORTON’s dedication to the puter service companies in the world. tion of war criminals. Senator LAUTEN- long-term health of our economy, his FRANK LAUTENBERG worked very hard BERG understood that reconciliation work for the high-tech sector, and his to achieve success in the business and economic growth could not come leadership on the Interior Appropria- world. Many individuals would have until these perpetrators are held re- tions Subcommittee are but just a few simply stepped away to a more relax- sponsible and punished for their ac- examples of his work that have pro- ing and slow paced life, but not Sen- tions. At home, Senator LAUTENBERG duced clear results not only in Wash- ator LAUTENBERG. Throughout his ten- laid the foundation for our strong eco- ington state, but also for our entire na- ure, FRANK LAUTENBERG has exhibited nomic growth of the last decade. Am- tion. He will be missed here in the Sen- the characteristics of patriotism, hard trak and commercial aviation had no ate, and I wish him all the best in his work, and service to others that define greater friend than Senator LAUTEN- future endeavors. great Americans. BERG, who confidently chaired the Sen- Mr. WARNER. Mr. President, I rise In 1982, he decided to begin a new ca- ate Appropriations Subcommittee on to pay tribute to a genuine leader in reer in public service, and for the past Transportation. And he has improved the United States Senate, my colleague 18 years he has represented the people the public’s health, encouraging re- and friend—Senator SLADE GORTON. of New Jersey in the United States strictions on tobacco use and ensuring We have served together over his en- Senate. Senator LAUTENBERG wanted to the cleanup of hazardous waste sites. tire 18 year career in the Senate. Of the give back to the state and Nation that In his 18 years here, Senator LAUTEN- 23 men and women who have served the gave him the opportunity to rise to BERG had an impact that goes beyond State of Washington in the Senate, great heights, and he has worked dili- his important votes and the bills he SLADE has earned a ranking commen- gently to make America a better coun- sponsored. Through his experience and surate with those classic giants Sen- try for her citizens and future genera- knowledge, he was steadfast advocate ator Henry ‘‘Scoop’’ Jackson and Sen- tions. for freedom, fairness, and responsi- ator Warren Magnuson. It has been a pleasure working along- bility. He kept these ideal on an unal- SLADE has served the State of Wash- side Senator LAUTENBERG, especially terable course, and we are all in his ington with distinction, but he has also on such issues as reducing alcohol debt for it. served the nation, exceptionally well. abuse. We shall miss him in the Senate Mr. CONRAD. Mr. President, before Beginning with his service in the chamber, and I wish Senator FRANK Congress adjourns for the year, I want- United States Army in 1946, SLADE has LAUTENBERG and his entire family ed to take a moment to pay tribute to served his state and the country for health, happiness, and continued suc- Senator FRANK LAUTENBERG of New nearly 40 years in a number of elected cess. Jersey, who is retiring this year. offices. Mr. LEAHY. Mr. President, one of Senator LAUTENBERG served our na- He has fought for balanced budgets, the greatest pleasures of being a Sen- tion in World War II, and later became tax relief, and health care reforms. We ator is working with fellow-members a successful businessman. He helped to served together on the Armed Services like FRANK LAUTENBERG. Few Senators found a payroll services company, Committee, and I, as Ranking Member, have brought more dedication and ex- Automatic Data Processing (ADP), and was the beneficiary of his wise and perience to their service in this body. built it into one of the largest com- steadfast counsel. I will never forget how excited my fa- puting services companies in the world. SLADE, you are a valued friend. I wish ther was to meet Senator LAUTENBERG In 1982 FRANK LAUTENBERG launched you and your wife Sally well in the when he first came here almost 18 a new career, in public service, when he years ahead. years ago. My father of proud Irish de- was elected to the United States Sen- f cent followed FRANK’s first campaign. ate. He has represented his state well. There was a wonderful connection be- FRANK LAUTENBERG has been a leader THE RETIREMENT OF SENATOR tween the two of them, and I am for- on budget issues, a good friend to the FRANK LAUTENBERG ever grateful to Senator LAUTENBERG environment, and an accomplished leg- Mr. THURMOND. Mr. President, I for the lovely letter of condolence that islator in the areas of transportation rise today to pay tribute to a fine indi- he sent me when my father passed and health care. S11846 CONGRESSIONAL RECORD — SENATE December 15, 2000 I have served on the Senate Budget a number of key efforts—many of issues under his control have the Committee with FRANK LAUTENBERG which were successful—to change our broadest possible consensus. He has since 1987; he became Ranking Member laws to reduce opportunities for waste, consistently reached out to members of the Committee in 1997. Senator LAU- fraud and abuse. on our side of the aisle in order to TENBERG played a key role in the 1997 When I sat in my seat on the dais of make law in a way that honors the negotiations on the bipartisan Bal- the Governmental Affairs Committee, I Senate’s best traditions. anced Budget Act, which completed the often heard Senator ROTH argue pas- Like BILL, I represent a small state. work of balancing the federal budget. sionately and convincingly for the en- He knows, as I know, what a special re- That legislation provided important re- hancement of the M, or management sponsibility that is. People in a small sources for education and health care, responsibilities, in OMB, the Office of state expect to have a personal rela- while cutting taxes for millions of Management and Budget. As much as tionship with their Senators, and I Americans. anyone in this body, Senator ROTH know from the times I have taken Senator LAUTENBERG has also been a truly cared about the efficiency and ef- short vacations in his beautiful state good friend to the environment, serv- fectiveness of government programs. the deep affection BILL inspires all over ing as the top Democrat on the Envi- He has my deep respect and the grati- Delaware. ronment and Public Works Commit- tude of all of us for his efforts in this I am grateful for the opportunity I tee’s Subcommittee on Superfund. area. have had to work so closely with him Throughout his time in the Senate, In addition, Senator ROTH distin- on the important tax, health, and trade Senator LAUTENBERG has fought to im- guished himself as a gentleman in a issues we deal with in the Finance prove the Superfund program, and has chamber that has sometimes lost its Committee. BILL has a natural appre- worked for legislation preventing pol- gentlemanly manner. Senator ROTH ciation for the strong roles agriculture lution, and ensuring clear water and could be tough, there’s no doubt about and tourism play in the economy of my clean air. that, on issues about which he cared, as state of North Dakota because they are Senator LAUTENBERG’s accomplish- well he should be, but he was always such important components of Dela- ments in the area of transportation are civil. ware’s economy as well. He knows in- impressive. He serves as the top Demo- We will miss his gentlemanly ways stinctively the value of looking for crat on the Appropriations Commit- and his guiding hand on the important common ground. tee’s Subcommittee on Transportation. but not-always-so-visible issues of gov- Even as he leaves the Senate, how- Senator LAUTENBERG authored laws es- ernment management. I wish him well ever, one thing will set BILL apart. tablishing the legal drinking age at 21, and hope he enjoys an active but less Many Senators are well known among and was successful just this year in en- hectic life which he so clearly deserves. the public at large, but very few have couraging states to reduce legal blood Mr. WARNER. Mr. President, I rise their names become household words. alcohol limits to .08. He worked suc- to pay tribute to a man I have worked Senator ROTH earned his membership cessfully to ban smoking on airplanes, with my entire Senate career: Senator in that tiny elite. BILL’s deep commit- and has championed funding for Am- BILL ROTH. He is a true friend and gen- ment to retirement security and sav- trak and mass transit. tleman, as well as a superb legislator ings led directly to the establishment Senator LAUTENBERG has also worked whose contributions to the nation are of the Roth IRA, a retirement savings for some time on health care, including many. vehicle that will give savers decades tobacco policy issues. He is a nation- Senator ROTH will likely be best re- from now a reason to be grateful to our ally recognized leader in the fight to membered as the co-author of the fa- beloved colleague from Delaware. protect our young people from the mous Kemp-Roth tax cuts, initiated When we consider the departure of health consequences of cigarettes. In during President Reagan’s tenure and Senator ROTH in conjunction with the 1997, I was extremely fortunate that for the Roth IRAs which have made it simultaneous retirement of the Sen- Senator LAUTENBERG was chosen to co- possible for millions around the coun- ator from New York, the Committee on chair the Senate Democratic Task try to invest taxable income that can Finance is losing more than half a cen- Force on Tobacco. Senator LAUTEN- be withdrawn tax-free in their retire- tury of institutional memory and expe- BERG was a particularly strong pro- ment. rience. That is a loss not only for our ponent of provisions on second-hand Senator ROTH has represented Dela- committee, but for the country as well. smoke and the so-called ‘‘look-back’’ ware for 29 years, making him the We wish BILL ROTH all the best as he enforcement mechanism to reduce longest serving Senator in our ‘‘First leaves us, but he will be greatly missed youth smoking rates. State’s’’ storied history. by his many friends and colleagues in FRANK LAUTENBERG’s dedication and Senator ROTH is a decorated veteran the Senate. expertise on many issues will be missed of World War II, and began his Congres- f greatly in the United States Senate, sional service in 1966. He has served his RETIREMENT OF SENATOR CONNIE even as New Jersey natives welcome country for almost 40 years. We all are MACK him home. I will miss my good friend indebted to him for his remarkable and colleague. service. Mr. LEVIN. Mr. President, I want to f I wish Senator ROTH and his wife, pay tribute today to a colleague and Jane, well and hope that they will good friend who will be leaving the RETIREMENT OF SENATOR cherish the years to come in the same Senate when the 106th Congress ad- WILLIAM ROTH way they have those that have past. journs sine die, CONNIE MACK, the jun- Mr. LEVIN. Mr. President, I want to BILL ROTH’s gentlemanly nature, his ior senator from Florida. join my colleagues in bidding good quietness and his humility were his I have served with CONNIE MACK on wishes and God speed to Senator WIL- hallmarks and strength. the Senate Select Committee on Intel- LIAM ROTH, the distinguished senior Mr. CONRAD. Mr. President, when ligence where, on the important issues senator of Delaware. I have served with this Congress finishes its work it will of national security it considers, he Senator ROTH for most of my career on also mark the end of a particularly dis- can be counted upon to set partisan- the Governmental Affairs Committee. tinguished 30-year career in this body. ship aside, roll up his sleeves and get to For a significant period of that time, I rise to pay tribute to my chairman on work. Senator ROTH chaired that committee the Finance Committee and my friend, In the United States Senate we are and its Permanent Subcommittee on BILL ROTH. called upon to work with colleagues of Investigations. No Senator could hope to serve under many differing points of view. While Senator ROTH proved an able and a more thoughtful and considerate CONNIE MACK has served as a key mem- dedicated advocate of government re- Chairman than those of us on the Fi- ber of the Republican leadership as Re- form, guiding our committee through nance Committee have experienced publican Conference Chairman, and he oversight hearings and investigations over the last five years. BILL is a true and I often disagree on the issues be- into how our Federal programs were or gentleman who works as hard as any fore the Senate, it has always been a were not working. He also spearheaded Senator I know to make sure that pleasure to deal with him. Always an December 15, 2000 CONGRESSIONAL RECORD — SENATE S11847 able advocate for his point of view, he man—how he handled the gavel. The last twelve years, Senator BRYAN has is a willing listener, open to com- gavel is that symbol of authority so become one of the Nation’s leading promise and when an opponent, always coveted by all Senators. As we all consumer advocates. His deep concern gracious, reasonable and fair. know, a gavel consists of two parts: the for the consumer was evident by his CONNIE MACK has made a name for relatively small handle to hold, and the successful campaign to require the in- himself in the Senate on public housing large hammer-like head to strike the stallation of passenger side air bags in and health care issues, particularly his blow. Senate Chairmen love the sharp all cars sold in the United States. efforts to make FDA-approved drugs ‘‘bang’’ connoting authority and deci- Many lives have been saved because of available for other uses, especially in sion. Senator BRYAN’s promotion of this leg- the fight against cancer. He and his Senator MACK is the only Senator, islation. wife, Priscilla, both cancer survivors, the only Chairman, whom I have ob- It has been a pleasure getting to have been inspirational in their dedica- served in my 22 years of service who know Senator RICHARD BRYAN these tion to delivering the message to all simply used the hammer head for the past twelve years, and I wish he, and Americans that early detection of can- grip and conveyed his authority by his fine wife Bonnie, the best of luck in cer is a life-saver. gently tapping the end of the handle. the future. I know they will enjoy all CONNIE MACK and I have shared a spe- ‘‘May we have order, please.’’ Imme- the benefits of retirement, especially cial bond, one of those inside jokes diately following was always quiet ac- the opportunity to spend more time which create strong personal ties. ceptance. with their family. Whenever I hear of someone making a This symbolized to me how this ele- Mr. CONRAD. Mr. President, I would great speech, I shall smile inwardly, gant man commanded the great respect like to recognize the leadership and ac- think of CONNIE and miss his warm of all in the Senate. As with the gavel, complishments of an esteemed col- smile and the kind word he has for all his voice was always firm, and always of his Senate colleagues. I hope that in league who will be retiring at the end with the soft tone of confidence. of this term. Senator RICHARD BRYAN the years ahead, CONNIE and Priscilla We wish him well, together with his will visit often. has served in the Congress as a rep- wife and family, as they accept life’s resentative of Nevada for more than a Mr. CONRAD. Mr. President, I want next challenge. to pay a tribute to my friend and col- decade. During his tenure, he has been f league from the State of Florida who a tireless advocate of a wide range of has decided to leave the Senate after a RETIREMENT OF SENATOR legislative reform activities. distinguished 12-year career here. It RICHARD BRYAN Throughout his career, Senator has been my pleasure to work with Mr. THURMOND. Mr. President, I BRYAN has fought for improving nat- Senator MACK during that time on a rise today to recognize the selfless and ural resources, enhancing the quality number of important issues. noteworthy service of our esteemed of the nation’s classrooms, and pro- tecting privacy on the Internet. Sen- He has always been willing to reach colleague from Nevada, Senator RICH- across the aisle when bipartisan co- ator BRYAN has also been nationally ARD BRYAN. At the close of the 106th operation can make the difference. As recognized for his efforts on behalf of Congress, Senator BRYAN will retire colleagues on the Finance Committee, from public service, and will end the consumers. we have cosponsored each other’s bills final chapter in a most glorious and As the former Chairman of the Sen- on such varied subjects as benefits for dedicated career as a servant of the ate Consumer Affair Subcommittee, retired coal miners, fairer treatment people. Senator BRYAN was responsible for en- for real estate under the Internal Rev- Even at an early age, RICHARD BRYAN acting laws to give consumers new enue Code, and keeping gray market displayed the leadership, sense of car- powers to correct errors found on their cigarettes out of the U.S. market. Sen- ing, and charisma that make for a suc- credit reports and led the fight against ator MACK has been a generous, cessful public servant. Throughout his telemarketing fraud. Perhaps most no- thoughtful, and constructive member education he served as the president of tably, DICK BRYAN was a champion of of our committee, and we will miss his many of his classes, including as the 1993 legislation that required air bags presence there every much. student body president his senior year be installed in every new car sold in Year in and year out, I am constantly the U.S. These are important accom- impressed with the energy, intel- at the University of Nevada-Reno. After graduating, Senator BRYAN was plishments that benefit consumers ligence, and commitment that CONNIE commissioned a Second Lieutenant in across the nation. MACK brings to the challenging job of As colleagues on the Finance Com- representing such a large and diverse the United States Army and served his country on active duty from 1959 to mittee, we have fought to address the State Floridians have been privileged challenges facing Social Security and to have the benefit of his effective ad- 1960. He then entered the University of California, Hastings College of Law, Medicare. Just this year, we worked vocacy for their concerns. closely to develop a proposal to provide I am confident that a man with pub- and graduated with honors in 1963. prescription drug coverage for all lic policy interests over as wide a range Senator BRYAN returned home to Ne- Medicare beneficiaries. I am proud to as CONNIE has shown during his tenure vada and began a career in public serv- say that this proposal would provide in the body is still going to be checking ice that would, to the benefit of the much needed drug coverage to millions in with his old friends in the Senate to citizens of Nevada, span more than of seniors citizens and disabled individ- let us know what he’s thinking. I hope three decades. From 1964 to 1978, he uals. we will see him often in the coming served as a Deputy District Attorney, a years. Public Defender, a State Assemblyman, I have also had the opportunity to I am happy to join my colleagues in and a State Senator. In 1978, Senator work with Senator BRYAN to address a wishing only the best for CONNIE and BRYAN won his first state wide election very important priority for the na- Priscilla as they move on to the next when the people elected him Attorney tion—balancing the federal budget. We chapter in their lives. General. Four years later RICHARD enjoy federal budget surpluses today Mr. WARNER. Mr. President, I rise BRYAN became Nevada’s 26th Governor. because of the efforts of members like today to pay tribute to Senator CONNIE After two terms as Governor, in 1988, Senator BRYAN who supported meas- MACK of Florida. There are many ways he won election to the United States ures to cut government waste and get to discern the character of a Senator. Senate. Richard BRYAN is the only Ne- our fiscal house in order. CONNIE MACK has made his mark with vadan to have served as the state’s At- For these and many other reasons, I strong leadership coupled with an un- torney General, Governor, and United have been honored to serve with DICK usual quality of gentleness. A true gen- States Senator. BRYAN. I would like to join my col- tleman of the Senate. Senatorial cour- Clearly, Senator RICHARD BRYAN has leagues in wishing the Senator and his tesy was his hallmark. He loved this always kept in mind the best interests family the best in the future and in institution; it loved him. of the people of Nevada and they have paying tribute to DICK BRYAN’s lifelong One unique, but subtle mannerism re- consistently asked him to represent commitment to public service. I wish veals the inner security of this great these concerns. Additionally, over the him well. S11848 CONGRESSIONAL RECORD — SENATE December 15, 2000 SENATOR CHARLES S. ROBB The PRESIDING OFFICER. The Senator from and led the plan and implemented that goal, Virginia. I believe that the military should also be Mrs. BOXER. Mr. President, today I Mr. ROBB. Mr. President, I thank the chair. cast with making the President’s goal a re- wish to pay tribute to my colleague What is it that makes an excellent soldier? ality. from Virginia, Senator CHUCK ROBB, I submit to you that it five basic virtues: De- As a former military commander, I can tell who will leave the Senate in January votion to duty; loyalty to country, com- you that if a goal of truly equal access to after 12 years of exemplary service to manders, and comrades; skill in military military service is to be reached, I believe his state as a member of this body. arts; personal integrity; and courage. If you that the military itself will have to come to have these qualities, you can be an excellent As others have noted, CHUCK ROBB terms with it. soldier, whether your name of Manursky or That will best be done if given the proper has had a long and distinguished career Jefferson, Goldberg or Nguyen, Warner, Dole, role of implementing the President’s direc- in public service. He served his country Kerrey, or McCain. tive. The hearings announced actually last for 34 years in the Marine Corps and re- A number of Americans who have these year by the distinguished chairman of the serves, and he is a highly decorated qualities, however, are being excluded from Armed Services Committee will add informa- combat veteran. He was a widely pop- serving their country in the military for rea- tion and understanding to that process and ular governor of Virginia, who in- sons beyond fitness or performance. will let us fulfill the Congress’ proper role of creased the state’s education budget by People have told me for some time that ensuring that readiness is maintained while they cannot understand how someone who $1 billion, and appointed many women achieving the President’s goal. But I ask we thinks of himself as a gung-ho marine can not let fear govern our actions. While we and minorities to top government jobs. march to the music of a drummer that I do may not perfectly understand what moti- And he has now served two terms as a not hear. vates individual sexuality, we cannot allow United States Senator, where he has Mr. President, the drummer I hear plays that lack of understanding to block deserv- been praised for his leadership on na- the Marine Corps Hymn. It still gives me a ing patriotic Americans from service. tional security, education, and the chill, and I still stand when it is played. I Mr. President, I hope that my colleagues budget. certainly do not want to detract in any way will oppose the amendment offered by my But I would like to note several as- from the military’s effectiveness or perform- distinguished and very respected colleague, ance. the Republican leader, in this particular in- pects of CHUCK ROBB’s Senate tenure Because of that, I cannot stand by and let stance. that may not be quite as familiar, but a policy that I consider less than perfect I yield the floor. for which I will always remember him keep our services from attracting the best ∑ Mr. FEINGOLD. Mr. President, I rise and be grateful to him. The fact is that and most competent people. The issue should he was a hero on many issues: civil be not what kind of person you are but what today to pay tribute to CHUCK ROBB, a rights, human rights, and a woman’s kind of soldier, sailor, airman, or marine you friend and colleague whom I deeply ad- right to choose. are. mire. Throughout our service together Time and time and time again, even As a former marine who considers his 34- in the U.S. Senate, I have observed plus years in uniform and in the reserve to in the most difficult and politically Senator ROBB’s unfailing commitment be the proudest affiliation of my life, I well HUCK OBB charged debates, Senator ROBB was to principle. C R served his understand those who argue the importance country courageously in Vietnam, and steadfast in his support for the pre- of maintaining morale and good discipline in cious right of women to control their the ranks. he served the Commonwealth of Vir- own bodies without interference from But I would suggest to you, Mr. President, ginia just as courageously in the U.S. government. morale is in the heart of each service person. Senate. Time and again, he voted his He led the fight in the Senate to The threat to morale comes not from the ori- conscience, despite pressures to the bring justice to African-American entation of a few but from the closed minds contrary. Senator ROBB let principle, of many. President Truman recognized that not politics, be his guide during his farmers throughout the nation who had when he ordered the services to be integrated been discriminated against by the De- service in the body. His conduct should by race despite the racial animosity of many give every American faith that legisla- partment of Agriculture. His legisla- then in service. tion helped lead to the largest civil Do some of today’s soldiers fear what they tors can conduct themselves in a way rights settlement in our history. do not understand? Certainly, they do. Obvi- that does honor to our democracy. And then, in February 1993, he deliv- ously. But should America’s policy be guided Senator ROBB opposed the flag dese- ered a powerful and moving speech on by fear, or should be work to overcome prej- cration constitutional amendment, op- the floor of the Senate, the message of udice by showing that merit and behavior, posed the , and not orientations, are what counts in the supported spending cuts while opposing which was that all of God’s children, military? regardless of sexual orientation, should the politically popular tax cuts. He did I have spent a great deal of time discussing what he thought was in the best inter- be treated equally in the military. this with a number of friends, including the I will always remember Senator Chairman of the Joint Chiefs, Gen. Colin est of Virginians and the nation, and I ROBB’s eloquent words: Powell. Some think that I am simply on the thank him for that. The Senate is a better place for Senator ROBB’s service, The issue should be not what kind of per- wrong side of this issue, and I understand son you are but what kind of soldier, sailor, this and other objections to the proposal. and I join my colleagues in wishing airman, or marine you are. . . . I would sug- General Powell recently drew a difference him and his family all the best as he gest to you, Mr. President, morale is in the between discrimination based on sexuality, moves on to new endeavors.∑ heart of each service person. The threat to which he called a behavior, and that based Mr. CONRAD. Mr. President, I would morale comes not from the orientation of a on race, which he called a benign char- like to recognize the leadership and ac- few but from the closed minds of many. acteristic. But I submit to you that race is obvious, until and unless it is expressed in complishments of a respected colleague I was deeply touched by these words conduct. And if that sexuality is expressed, who will be departing at the end of this of tolerance and understanding, par- it is no longer benign. Then it will run into term. Senator CHUCK ROBB has served ticularly because they came from one the existing regulations of the Uniform Code in the Senate as a representative of who had served so gallantly in the Ma- of Military Justice. Virginia for more than a decade. Dur- rine Corps. The code offers sufficient protections ing his tenure, he has been a strong ad- So I salute you and I thank you, against much of the conduct that supporters vocate for a wide range of important of this amendment fear. And it can certainly CHUCK, and send you my very best be expanded to prevent breaches of decorum legislative reform activities. wishes as you move on to new chal- or good order. During his time in the Senate, Sen- lenges. The specter of drill sergeants dancing to- ator ROBB has fought to strengthen na- Mr. President, I ask unanimous con- gether is unsettling, to say the least, Mr. tional security, maintain fiscal respon- sent that the full text of the statement President. But some of the amendment’s sup- sibility, and protect the environment. be printed in the RECORD. porters fail to note it is just the kind of be- He has also been widely recognized for There being no objection, the mate- havior already prohibited by the Uniform his longstanding commitment to im- rial ordered to be printed in the Code, as is almost all of the conduct pre- proving education. sented as a concern by those who are in favor RECORD, as follows: As a former Governor of Virginia, of this particular amendment. FAMILY AND MEDICAL LEAVE ACT OF 1993 The President is the Commander in Chief Senator ROBB was instrumental in in- (Senate—February 4, 1993) of the Armed Services, and he sets the goals. creasing resources for schools. Building Mr. MITCHELL. Mr. President, I yield 5 min- Just as many military men were given the on these efforts, he spearheaded efforts utes to the Senator from Virginia. goal of ejecting Iraqi forces from , to help states and localities build and December 15, 2000 CONGRESSIONAL RECORD — SENATE S11849 renovate schools, promoted legislation ideas on issues affecting the industry internationally, and he can be proud of to put 100,000 new teachers in the class- such as transportation, environment, his contributions. room, fought for school safety initia- trade, technology and health care. I also appreciate Senator ASHCROFT’s tives, and championed measures to Working together with Senator recent work with Senator DORGAN, wire schools to the Internet. These are ASHCROFT’s, we were able to increase Senator BOND, and me on the Dakota important efforts that have benefited membership in the Auto Caucus from Water Resources Act. This legislation children and teachers across the na- six Senators to twenty-eight. The Auto is critical for the economic future of tion. Caucus played a leadership role in North Dakota, and I greatly appreciate As colleagues on the Finance Com- pressing the Administration to nego- the constructive role Senator mittee, we have fought to address the tiate market opening trade agreements ASHCROFT played in representing the challenges facing Social Security and with Japan and Korea in the auto- interests of his state. During discus- Medicare. Just this year, we worked motive sector and continues to weigh sions on this bill he was a tenacious ad- closely to develop a proposal to provide in on and monitor those agreements. In vocate for his state’s interests. His dili- prescription drug coverage for all addition, the Caucus hosts meetings gence in representing his state’s inter- Medicare beneficiaries. I am proud to between Senators and Automotive ests, coupled with his willingness to say that this proposal would provide CEOs, provides timely briefings on US- gain an understanding of the water much needed drug coverage to millions Japan and US-Korea automotive trade needs of my state, ultimately helped us of seniors citizens and disabled individ- negotiations, and encourages the Ad- reach a compromise acceptable to both uals. ministration to fight to open markets states. The people of Missouri can be I would also like to note that I am to U.S. vehicles and auto parts. proud of his work fighting for their in- proud to have worked with a colleague Last year, Senator ASHCROFT and I terests. with such a distinguished military worked together to urge the National More generally, Senator ASHCROFT background. Senator ROBB served our Highway Traffic Safety Administration has been a man of his word who served nation for more than 34 years, during to use an unbelted 25 mph barrier test his state and his country with distinc- which time he received national honors instead of a 30 mph test to design air tion. I join my colleagues on both sides for his leadership and commitment to bags that will help better protect chil- of the aisle in wishing him well in his serving our nation. dren, teenagers and small adults. Our future endeavors. For these and many other reasons, I work on this very complicated and con- Mr. WARNER. Mr. President, I rise have been honored to serve with CHUCK troversial issue brought the Adminis- to pay tribute to a colleague and friend ROBB. I would like to join my col- tration and Auto industry together to who will be greatly missed by the leagues in wishing him and his family reach a result that will increase auto- United States Senate—Senator JOHN all the best in the future. mobile safety. ASHCROFT. f We also worked together to continue Senator ASHCROFT, served Missouri the moratorium on unfair and ineffec- and the nation with distinction. RETIREMENT OF SENATOR JOHN tive increases in Corporate Average In the Senate, he was a leader in pas- ASHCROFT Fuel Economy standards and worked sage of landmark welfare reform legis- Mr. LEVIN. Mr. President, as we con- toward a compromise in the Senate to lation, authoring the Charitable Choice clude the 107th Congress, we will be ensure that a National Academy of provision. He fought for lower taxes, a saying goodbye to our colleague and Sciences study of the effectiveness and strong national defense, greater local friend, Senator of Mis- impacts of CAFE standards will include control of education, and enhanced law souri. the effect of those standards on motor enforcement. A former two-term Governor, JOHN vehicle safety as well as discrimina- A popular, former two term governor ASHCROFT has earned a reputation in tory impacts of those standards on the of his home state, JOHN brought a real the Senate for his principled pursuit of U.S. auto industry. ‘‘can-do’’ sense of purpose to his work conservative issues. He is also recog- Also, we have worked together in the in the Senate. I have always felt that nized as a strong proponent of the wide past to ensure that environmental reg- those who come to the Senate with ex- use of the internet by federal agencies ulations recognize and reinforce the perience as governor, have especially as a way to make the government more voluntary environmental improve- valuable experience that the entire na- responsive and accountable. As a leader ments and technological achievements tion benefits from. in the term-limits movement, he car- of the automobile industry. There is a term used throughout the ried out the innovative online petition Not only will JOHN’s contribution be 211 year history of the Senate called drive. missed in debate on the Senate floor, ‘‘Senatorial courtesy.’’ JOHN won the Senator ASHCROFT served on the Sen- but his voice will be sorely missed, I admiration of his colleagues in many ate Foreign Relations Committee, as suspect, by the ‘‘Singing Senators’’, ways, especially his caring tradition of well as the Commerce and Judiciary the wonderful quartet in which he has writing wonderful personal notes—not Committees. He established himself as joined with Senators LOTT, CRAIG and by computer—but always taking time a leader among Republicans on a range JEFFORDS. My wife and family, join me to write them by hand. of issues from term limits to tax re- in wishing the best in the years ahead We wish you, your wife and family form and welfare reform. While in for JOHN, his loving wife (and co-au- well as you take on your new chal- many instances I have found myself on thor), Janet, and their family. lenges. the opposite side of issues from John, I Mr. CONRAD. Mr. President, I rise f have always respected his intellect, his today to pay tribute to Senator JOHN integrity, his principled positions and ASHCROFT as he prepares to leave the RETIREMENT OF SENATOR ROD his ability to disagree without being Senate. GRAMS disagreeable. For the past six years, Senator Mr. LEVIN. Mr. President, as this Since 1995, JOHN ASHCROFT and I have ASHCROFT has done important work as session of Congress comes to an end, I co-chaired the Senate Auto Caucus. In a member of the Commerce, Judiciary, want to speak about my friend and col- this capacity, we have worked together and Foreign Relations Committees in league from the State of Minnesota, to provide Senators with up to date in- the United States Senate. For example, Senator ROD GRAMS. formation on issues affecting the auto- Senator ASHCROFT has focused on re- A former television news personality, motive industry and its employees. forming our nation’s use of agricul- ROD GRAMS, in his term in the House of Through the Auto Caucus we organized tural sanctions during foreign trade Representatives and in the Senate, informational briefings to give Sen- disputes. We share a common vision quickly established himself as a pro- ators and their staff and opportunity to that we must not use food as a weapon ponent of assistance to farmers and as better understand the auto industry’s in our disputes with other nations, and an advocate for the establishment of a remarkable progress as well as the Senator ASHCROFT has made a high pri- national nuclear waste repository. challenges it faces. The Caucus pro- ority of changing this policy. His work As a member of the Senate Foreign vides a forum for Senators to exchange is important both domestically and Relations Committee, he has been an S11850 CONGRESSIONAL RECORD — SENATE December 15, 2000 opponent of international agricultural As members of the Budget Com- trying to protect our Social Security sanctions and a strong supporter of mittee, I had the opportunity to work Trust Fund—having fought hard for a vigorous foreign trade. He supported with Senator ABRAHAM on a number of Social Security Lock Box. IMF funding, trade with China and re- important issues. A fiscal conservative, The Senate is going to miss SPENCER view of the U.S.-Cuba relationship. Senator ABRAHAM work to balance the ABRAHAM’s leadership. And, those of us He joined the bipartisan effort to federal budget and cut government who know him well are going to miss enact strong brownfields cleanup legis- waste. He has also been a champion of his friendship in the Senate. lation. ROD GRAMS earned a reputation keeping our Social Security dollars f as a strong supporter of tax relief, fa- locked away. This is an interest in NATIONAL INSTITUTE OF BIO- voring elimination of the marriage which Senator ABRAHAM and I share a MEDICAL IMAGING AND ENGI- penalty and other tax cut proposals. keen interest. NEERING ESTABLISHMENT ACT While ROD GRAMS and I have dis- Most recently, Senator ABRAHAM was agreed on a number of issues, I respect the lead sponsor of the American Com- Mr. LOTT. Mr. President, I ask unan- the commitment which he has brought petitiveness in the 21st Century Act, imous consent that the Senate proceed to policy debate. Where we disagreed, I legislation that will help ensure our to H.R. 1795, which is at the desk, hav- found ROD GRAMS to be a straight-talk- nation’s continued growth and leader- ing been received from the House. ing and agreeable adversary. I wish ship in information technology (IT). The PRESIDING OFFICER. The him and his family well in the future. The bill authorized visas for 195,000 clerk will report the bill by title. The legislative clerk read as follows: Mr. CONRAD. Mr. President, for the high-tech professionals to work in the past six years, I have had the privilege A bill (H.R. 1795) to amend the Public U.S. to meet the growing demand for Health Service Act to establish the National of serving in the Senate with ROD skilled IT workers throughout our Institute of Biomedical Imaging and Bio- GRAMS, a colleague who has distin- economy. During consideration of the engineering. guished himself on a number of impor- bill, I was pleased to work with Sen- There being no objection, the Senate tant issues including budget, tax pol- ator ABRAHAM and his staff to include proceeded to consider the bill. icy, and agriculture. He has served in the legislation long-term initiatives Mr. KENNEDY. Mr. President, many Minnesota with distinction as a mem- to ensure that Americans of all ages of us have worked throughout this Con- ber of the Senate Foreign Relations are trained to fill critical IT positions gress to bring greater fairness to our Committee, the Senate Committee on in our Information Age economy. immigration laws. The Legal Immigra- Banking, Housing, and Urban Affairs, During his time in the Senate, Sen- tion Family Equity Act and its amend- the Senate Budget committee, and the ator ABRAHAM also worked to curb un- ments are a constructive compromise Joint Economic Committee. funded mandates, stiffen sentences for worked out between members of both On a national level, Senator GRAMS cocaine dealers, and advocated strong- parties to address a number of the in- is perhaps best known for his ‘‘Fami- er privacy protections for consumers justices in current law that have lies First’’ plan, first discussed as part on the Internet. His work has been harshly affected many immigrant fam- of the 1994 Republican budget alter- thoughtful and our nation is a better ilies. Included in the final legislative native. This plan included a $500 per- place because of his efforts. package are three provisions that will child tax credit, a recommendation Mr. President, it has been a pleasure provide long overdue relief to valued that eventually became part of the 1997 to serve in the Senate with SPENCE. I members of our communities and their Balanced Budget Act. have the utmost respect for my friend families. On a more parochial level, I have and colleague from Michigan, and ap- First, the legislation includes the worked closely with Senator GRAMS on preciate all of his contributions to the partial restoration of section 245(i) for issues affecting our farm communities, United States Senate and our nation. I individuals who are physically present and in 1997 to help our states recover would like to join with my colleagues in the U.S. by the date the legislation from the disastrous floods along the in wishing the Senator and his family is enacted into law. Spouses, children, Red River Valley. Communities along the best in the future. parents and siblings of permanent resi- the Red River were devastated by this Mr. WARNER. Mr. President, I rise dents or U.S. citizens will now be able 500 year flood which disrupted business today to recognize the accomplish- to adjust their status in the U.S. and and forced thousands of families from ments of my colleague and friend, Sen- avoid needless separation from their their homes. ator SPENCER ABRAHAM from Michigan. loved ones. Similarly, persons who ben- Senator GRAMS worked closely with Senator ABRAHAM began his service efit from employer-based petitions will delegations from North Dakota and in government in Washington, DC in also be helped by the restoration of South Dakota to make certain that the 1990, when he had the honor of serving section 245(i). urgent needs of so many families and in President Bush’s Administration as Second, this legislation will benefit communities were met. He played an Deputy Chief to Vice President Dan many of the ‘‘late amnesty’’ class important role in ensuring bipartisan Quayle. In 1993, SPENCER ABRAHAM re- members who have been in legal limbo support and passage of the disaster re- turned to Michigan to run for the for close to 15 years. Their spouses and lief legislation that was so critical for United States Senate seat vacated by children will be able to remain in the our states at that time. I know that Senator Don Riegle who was retiring. United States until they become eligi- many North Dakota families and busi- Senator ABRAHAM won that Senate seat ble for permanent residence. nesses are very grateful for his support. in 1994 and became the first Michigan Finally, this legislation provides des- I extend my best wishes to Senator Republican elected to the United perately needed technical corrections GRAMS, and his family, and my appre- States Senate in 22 years. that will benefit persons eligible for re- ciation for his support on critical agri- I have had the pleasure of working lief under the Nicaraguan Adjustment cultural, budget, and disaster issues with Senator ABRAHAM on a number of and Central American Relief Act and that we have worked together on in issues including high technology and the Haitian Refugee Immigrant Fair- committee and on the Senator floor to- immigration over the last six years. ness Act. gether. Not only is Senator ABRAHAM a col- Because these provisions were devel- f league of mine, SPENCE and his family oped outside the usual committee proc- are friends as well. ess, they are not accompanied by com- TRIBUTE TO SENATOR SPENCER SPENCE ABRAHAM is a dedicated pub- mittee reports on the background and ABRAHAM lic servant, and he has represented the purpose of the provisions. Therefore, as Mr. CONRAD. Mr. President, I rise state of Michigan well in the United the chairman and the ranking member today to pay tribute and recognize the States Senate. During the past six of the Subcommittee on Immigration, accomplishments of a colleague, Sen- years, Senator ABRAHAM took the lead Senator ABRAHAM and I are submitting ator SPENCER ABRAHAM of Michigan. in the Senate on high tech issues and a detailed memorandum explaining the Since joining the Senate in 1995, he has immigration. He has been a strong sup- provisions, which I ask unanimous con- served with honesty, dedication, and porter of tax cuts. Senator ABRAHAM sent be printed in the RECORD at the integrity. has also played a prominent role in closing of my remarks. December 15, 2000 CONGRESSIONAL RECORD — SENATE S11851 The PRESIDING OFFICER. Without their applications for visitors visas, indi- In order to ensure that persons who may objection, it is so ordered. cating that instead they are intending immi- benefit from this provision are aware of this [See Exhibit 2.] grants. legislation, we strongly encourage the INS The LIFE Act creates a new temporary Mr. KENNEDY. Our action today is a to conduct a broad outreach program within ‘‘V’’ visa under which these spouses (and the immigrant communities. Additionally, significant step in the right direction, their children) can come to the United to ensure that all potentially eligible per- but this legislation is far from perfect. States and wait for their visa here, if their sons have an opportunity to qualify for Critical pieces are missing. immigrant visa petitions have been pending 245(i), if necessary the INS should accept pe- We must continue to work for full for more than three years. It also expands titions and applications before the April 30, parity for Central Americans, Haitians, the criteria for ‘‘K’’ visas to include spouses 2001 sunset date that do not contain all nec- and Liberians. It is unjust to treat ref- and minor children of U.S. citizens. The pur- essary supporting documents, and allow ad- pose of the ‘‘V’’ and ‘‘K’’ visas is to provide ugees fleeing repression by left-wing ditional documents to be filed after the dead- a speedy mechanism by which family mem- line. dictators better than those fleeing re- bers may be reunited. We expect the Depart- Second, the legislation adds the members pression by right-wing dictators. Con- ment of State and the INS to work together of a third class action law suit, Zambrano v. gress must create a fair, uniform set of to create a process in keeping with the tem- INS, to those covered by the LIFE Act’s pro- procedures for all of these refugees. porary nature of the visa that does not re- visions concerning adjustment of status We also must continue to work for quire potential beneficiaries to wait for under the Immigration Reform and Control relief for permanent residents unfairly months before their´ visas are approved. Like Act of 1986 (IRCA). We note that persons eli- affected by the 1996 immigration law. the existing Finance visa, the new ‘‘K’’ visa gible for adjustment pursuant to the com- is not intended to be a prerequisite for the bined LIFE provisions include everyone who The 1996 law contains some of the admission of citizen spouses, but a speedy has ‘‘filed with the Attorney General a writ- harshest provisions that Congress has mechanism for the spouses and minor chil- ten claim of class membership’’, that is all enacted in many years. Their scope is dren of U.S. citizens to obtain their immi- registered class members, not only those sweeping. They hurt thousands of im- grant visas in the U.S., rather than wait for who have been issued employment authoriza- migrants. They have taken immigrants long periods of time outside the U.S. tion pursuant to a screening that did not re- away from their U.S. citizen families, Second, the LIFE Act sought to correct liably distinguish between potentially meri- without giving them even an oppor- past administrative mistakes that resulted torious and non-meritorious applications. in the wrongful denial of adjustment of sta- We understand that several other class ac- tunity to have their day in court. Next tus to hundreds of thousands of persons who tion lawsuits are still pending in the federal year, Congress must pass new legisla- should have qualified for permanent resi- courts challenging other INS interpretations tion to correct the harsh provisions of dence under the Immigration Reform and of the 1986 adjustment provisions. The pre- these unfair laws. Control Act of 1986. It directs the Immigra- cise posture of one of these cases, Perales v. It is also unfortunate that the legis- tion and Naturalization Service (INS) to ad- Thornburgh, came to our attention after the lation does not include far-reaching judicate the applications of individuals in legislation had been finalized. We understand agreement on agricultural farm- two class action lawsuits on the merits, that a class of about 200 identified plaintiffs rather than continuing to litigate whether in Perales challenged the same regulation workers. Senator GRAHAM, Congress- they were timely filed. whose illegality the INS has conceded in man BERMAN, and many others worked The LIFE Act Amendments make three Zambrano. We would encourage the Attorney skillfully to achieve this agreement. significant additions to the provisions in the General to provide a just resolution for the They proposed an excellent com- LIFE Act. First, they delete the LIFE Act’s Perales class members in light of the legisla- promise that would have benefitted special mechanism for ‘‘V’’ and ‘‘K’’ visa tion enacted today. both the agricultural workers and the holders to adjust to lawful permanent resi- Other cases that have come to our atten- farm owners. dence, and instead add a new provision modi- tion, such as Proyecto San Pablo v. INS, and Immigrant Assistance Project v. INS, are in These further reforms deserve high fying section 245(i), a mechanism by which anyone eligible for an immigrant visa and a different posture from those addressed by priority by the next Congress, and I for whom a visa is currently available can the LIFE Act and these amendments, in that look forward to working with my col- adjust his or her status to that of lawful per- they do not involve regulations that INS has leagues and with the administration of manent residence in the U.S., rather than conceded were illegal. At the same time, President-elect Bush to enact them have to return abroad for consular proc- however, it is now almost 2001, that is, al- into law. essing. That mechanism was reauthorized in most 15 years after the enactment of IRCA, and these cases remain unresolved. We en- EXHIBIT 1 1996, but only for individuals who were bene- ficiaries of immigrant visa petitions or labor courage the plaintiffs and the Attorney Gen- JOINT MEMORANDUM CONCERNING THE LEGAL certification applications filed by January eral to explore the possibility of settling IMMIGRATION FAMILY EQUITY ACT OF 2000 14, 1998. The LIFE amendments move the these cases and bringing to an end the years AND THE LIFE ACT AMENDMENTS OF 2000. date by which such petitions or applications of bitter and costly litigation. Nothing in The pending legislation contains certain must be filed forward in time to April 30, this legislation is intended to preclude this immigration provisions worked out between 2001. option, or to preclude the Attorney General members of both parties to further address They also add a new requirement that for from resolving any other IRCA adjustment certain issues addressed in the first instance all beneficiaries whose application was filed applications on the merits. in the Legal Immigration Family Equity Act after January 14, 1998, the principal bene- In that connection, we also note that when of 2000, or LIFE Act, which is contained in ficiary must have been physically present in the 1986 legalization program was enacted, the Commerce Justice State Appropriations the U.S. on the date of enactment of the the Attorney General, pursuant to section bill being transmitted to the President. Be- LIFE Act Amendments of 2000. The function 245A of the INA, was authorized to work in cause both the original LIFE ACT and this of this last requirement is to make sure that conjunction with voluntary organizations legislation were developed outside the ordi- the renewed availability of section 245(i) and other qualified State, local and commu- nary Committee process, they were not ac- does not operate to encourage anyone to vio- nity organizations to broadly disseminate in- companied by the usual reports elaborating late our immigration laws. Accordingly, it formation about the legalization program. on the background and purpose of their pro- should be interpreted with common sense. The INS helped provide funding to these or- visions. This memorandum is accordingly It may be difficult for an individual phys- ganizations to assist with the outreach ef- submitted on behalf of the Chairman and ically present on the day of enactment to es- fort, as well as with the preparation and sub- Ranking Member of the Subcommittee on tablish his or her presence on that precise mission of the applications for adjustment of Immigration of the Senate Committee on date to qualify for 245(i). The Immigration status. A similar outreach campaign should the Judiciary to provide such elaboration in and Naturalization Service (INS) should be conducted to disseminate information somewhat abbreviated form. therefore be flexible in the types of evidence about the opportunity to apply for adjust- The original LIFE Act sought to address it will accept to establish physical presence ment of status under this Act. As noted two problems. First, it sought to provide a on the day of enactment. For example, the above, almost 15 years have elapsed since the new mechanism to address the problem cre- kind of evidence of physical presence INS or- original legalization program was enacted, ated by the long backlog of immigrant visa dinarily accepts demonstrating that the ap- therefore the need to publicize the resolution applications for spouses and minor children plicant has been physically present during a of these issues reached by the LIFE Act and of lawful permanent residents, who are cur- reasonable period preceding that date, ac- amendments thereto is critical to ensure rently having to wait many years for a visa companied by an affidavit or declaration that eligible persons are notified and have an to become available to them. Right now, that the person was present on the date opportunity to obtain the benefits of this many of these individuals are even precluded itself, should ordinarily suffice. We also note Act. Moreover, nothing in the Act should be from visiting their spouse or parent in the that this new requirement is applicable only construed to preclude the Attorney General United States on account of an administra- to principal applicants for 245(i), and not to from providing funding to organizations tive interpretation that the filing of their derivatives, who continue to be allowed to qualified and experienced in the preparation petition cases doubt on the bona fides of ‘‘follow to join’’ if they otherwise qualify. and submission of adjustment applications. S11852 CONGRESSIONAL RECORD — SENATE December 15, 2000 Third, the amendments clarify that the The resolution (S. Res. 388) was Vice President of the United States and spouses and unmarried children of the bene- agreed to, as follows: President of the Senate, for the courteous, ficiaries of Section 1104 of the LIFE Act are dignified, and impartial manner in which he S. RES. 388 eligible for the Family Unity provisions of has presided over its deliberations during the the Immigration Act of 1990. By enacting Resolved, That the thanks of the Senate are second session of the One Hundred Sixth this provision, our objective is to ensure that hereby tendered to the Honorable Strom Congress. Thurmond, President pro tempore of the these family members are treated in the Mr. LOTT. Mr. President, let me note same manner as the family members of those Senate, for the courteous, dignified, and im- that the Vice President, AL GORE, a who adjusted their status under IRCA. partial manner in which he has presided over In addition, the amendments address two, its deliberations during the second session of former Member of this body, served the more technical issues. Section 1104 LIFE Act the One Hundred Sixth Congress. Senate. I served with him here. I served applicants, as well as beneficiaries under the Mr. LOTT. Let me note, Mr. Presi- with him in the House. He has served Nicaraguan Adjustment and Central Amer- dent, that the distinguished Senator his country so well for a long time. He, ican Relief Act (NACARA) and the Haitian from South Carolina, Senator STROM probably more than most Vice Presi- Refugee Immigrant Fairness Act (HRIFA) THURMOND, has been very diligent in dents, did spend time up here. On a few are made eligible for certain waivers of his duties over the past 2 years. No occasions, he did have to come and grounds of inadmissibility. These waivers are break ties. Generally, I did not like ordinarily available only to persons who are matter what hour of the day the Sen- outside the U.S. The amendments to the ate came in, Senator THURMOND was in that, but he was prepared to do that. LIFE Act allow the covered individuals to the chair and recognized the Chaplain He served his country so well, and a apply for these waivers in the U.S. and called on a Senator to lead the simple resolution of this nature is not Finally, the LIFE amendments clarify that Pledge of Allegiance. On a few occa- adequate to express the appreciation of section 241(a)(5) of the INA which bars any- sions, I even suggested a substitute the Senate and of our Nation. one who has been ordered removed and who could fill in, but on rare occasions did Mr. DASCHLE addressed the Chair. subsequently reenters the U.S. from obtain- The PRESIDING OFFICER. The ing any relief under the INA. Because adjust- that ever happen. He has set a tremendous example for Democratic leader. ment under section 245A, NACARA, and Mr. DASCHLE. I will have more to HRIFA is not ‘‘relief under’’ the Act, LIFE all of us in the Senate. He continues amendments specify that this bar does not the tradition that Senator BYRD of say about that matter at another time. apply to LIFE section 1104 beneficiaries, or West Virginia also exhibited when he But let me also, again, associate my- NACARA or HRIFA applicants. was President pro tempore. So I am self with the remarks of the majority Mr. LOTT. Mr. President, I ask unan- sincere when I say we extend our ap- leader, except to say I was delighted he imous consent that the bill be ad- preciation to Senator THURMOND for his was there in the chair to break those vanced to third reading and passed and diligence as our President pro tempore. tie votes on occasion. the motion to reconsider be laid upon Mr. DASCHLE addressed the Chair. He has served his country well in so the table, all without intervening ac- The PRESIDING OFFICER. The many roles over the years, including tion, motion, or debate. Democratic leader. his years in the Senate, both as a Sen- The PRESIDING OFFICER. Without Mr. DASCHLE. Mr. President, I asso- ator and as the President of the Sen- objection, it is so ordered. ciate myself with the remarks of the ate. We congratulate him and thank The bill (H.R. 1795) was read the third distinguished majority leader. him for his work, as well. time and passed. I have admired the distinguished f Mr. LOTT. Mr. President, I yield the President pro tempore for a lot of rea- COMMENDING THE EXEMPLARY floor and suggest the absence of a sons. But his diligence in opening the LEADERSHIP OF THE DEMO- quorum. session every day, and his willingness CRATIC LEADER to be as prompt as he always is, is The PRESIDING OFFICER. The Mr. LOTT. Mr. President, I send a something admired on both sides of the clerk will call the roll. resolution to the desk and ask for its aisle. The legislative clerk proceeded to immediate consideration. So for all of his effort, for all of his call the roll. The PRESIDING OFFICER. The service, for his willingness to serve as Mr. LOTT. Mr. President, I ask unan- clerk will report the resolution by he has, we thank him. imous consent that the order for the title. quorum call be rescinded. I thank the majority leader for yield- The legislative clerk read as follows: The PRESIDING OFFICER. Without ing. A resolution (S. Res. 390) to commend the objection, it is so ordered. f exemplary leadership of the Democratic Mr. LOTT. Mr. President, Senator THANKING THE VICE PRESIDENT Leader. DASCHLE is here. We have a few resolu- There being no objection, the Senate tions we can offer at this point. Mr. LOTT. Mr. President, I send a resolution to the desk on behalf of my- proceeded to consider the resolution. f Mr. LOTT. Mr. President, I ask unan- self and Senator DASCHLE and ask for THANKING THE PRESIDENT PRO its immediate consideration. imous consent that the resolution be TEMPORE The PRESIDING OFFICER. The agreed to and the motion to reconsider clerk will report the resolution by be laid upon the table. Mr. LOTT. Mr. President, I send a The PRESIDING OFFICER. Without title. resolution to the desk on behalf of my- objection, it is so ordered. The legislative clerk read as follows: self and Senator DASCHLE and ask for The resolution (S. Res. 390) was its immediate consideration. A resolution (S. Res. 389) tendering the agreed to, as follows: The PRESIDING OFFICER. The thanks of the Senate to the Vice President S. RES. 390 clerk will report the resolution by for the courteous, dignified, and impartial title. manner in which he has presided over the de- Resolved, That the thanks of the Senate are hereby tendered to the distinguished Demo- The legislative clerk read as follows: liberations of the Senate. There being no objection, the Senate cratic Leader, the Senator from South Da- A resolution (S. Res. 388) tendering the kota, the Honorable Thomas A. Daschle, for thanks of the Senate to the President pro proceeded to consider the resolution. his exemplary leadership and the cooperative tempore for the courteous, dignified, and im- Mr. LOTT. Mr. President, I ask unan- and dedicated manner in which he has per- partial manner in which he has presided over imous consent that the resolution be formed his leadership responsibilities in the the deliberations of the Senate. agreed to and the motion to reconsider conduct of Senate business during the second There being no objection, the Senate be laid upon the table. session of the 106th Congress. proceeded to consider the resolution. The PRESIDING OFFICER. Without Mr. LOTT. Mr. President, I could go Mr. LOTT. Mr. President, I ask unan- objection, it is so ordered. on for quite some time about my col- imous consent that the resolution be The resolution (S. Res. 389) was league from South Dakota. He does a agreed to and the motion to reconsider agreed to, as follows: magnificent job as the Democratic be laid upon the table. S. RES. 389 leader. He is thoughtful. He is acces- The PRESIDING OFFICER. Without Resolved, That the thanks of the Senate are sible. He is tenacious. He is committed. objection, it is so ordered. hereby tendered to the Honorable Al Gore, He is courteous. And while, as leaders December 15, 2000 CONGRESSIONAL RECORD — SENATE S11853 of our respective parties in the Senate, work for their States and their coun- So I thank them both very sincerely. we sometimes disagree and sometimes try. They probably have some idea be- f even clash publicly—it has been rare— cause they are both so popular in their THANKING SENATE STAFF we have a very good working relation- respective States, but from someone ship. When the day is done and we have who sits and watches these two men Mr. LOTT. Mr. President, I send an- conversations, they are quite often per- every day we are in session—and many other resolution to the desk on behalf sonal and very kind. I appreciate his of the days we are not in session—I am of myself and Senator DASCHLE and ask courtesies. I look forward to working in awe as to the work they do and the for its immediate consideration. with him in the next Congress. difficult situations they get us out of. The PRESIDING OFFICER. The It is going to surely test us in every If someone had said this morning at clerk will report the resolution by way, every day, but I hope and pray we 10 o’clock that we would be in the posi- title. will be up to the task. I will certainly tion we are in today—being able to go The legislative clerk read as follows: try to fulfill that new, challenging home for Christmas—I would have A resolution (S. Res. 392) tendering the role. And I know I can count on my laughed at them. I thought it was im- thanks of the Senate to the Senate Staff for friend and partner to do his part on the possible for us to do that. But these the courteous, dignified, and impartial man- two men, working together, were able ner in which they have assisted the delibera- other side of the aisle. tions of the Senate. So I am delighted to be able to offer to put together a package of about $500 this resolution of commendation to billion involving the most important There being no objection, the Senate Senator DASCHLE. things this country deals with on a proceeded to consider the resolution. Mr. DASCHLE addressed the Chair. daily basis. They did this. They did it Mr. LOTT. Mr. President, I ask unan- The PRESIDING OFFICER. The alone. There were others on the outside imous consent that the resolution be Democratic leader. helping a little bit, but this is just an agreed to and the motion to reconsider f example. be laid upon the table. But I have been able, from my per- The PRESIDING OFFICER. Without COMMENDING THE EXEMPLARY spective here for 2 years, to watch objection, it is so ordered. LEADERSHIP OF THE MAJORITY them, and I am tremendously im- The resolution (S. Res. 392) was LEADER pressed. I want this RECORD spread agreed to, as follows: Mr. DASCHLE. Mr. President, I have with the fact that these resolutions do S. RES. 392 a resolution at the desk and ask for its not in any way connote the really good Resolved, That the thanks of the Senate are immediate consideration. work they do. On paper it says they did hereby tendered to the Secretary of the Sen- The PRESIDING OFFICER. The a good job, but it takes someone who ate, the Sergeant at Arms of the Senate, the clerk will report the resolution by works with these two gentlemen on a Secretary for the Majority, the Secretary for the Minority, and the floor staff of the two title. daily basis to see the sacrifices they parties for the courteous, dignified, and im- The legislative clerk read as follows: make for their States and for the coun- partial manner in which they have assisted A resolution (S. Res. 391) to commend the try. the deliberations of the Senate during the exemplary leadership of the Majority Lead- Their families should be so proud of second session of the One Hundred Sixth er. what they do. The people of their Congress. There being no objection, the Senate States should be so proud of what they Mr. LOTT. Mr. President, I want to proceeded to consider the resolution. do. And I, speaking on behalf of Ameri- just expound a bit on this resolution. Mr. DASCHLE. Mr. President, this cans, after this bitter election, say We are deeply indebted to these staff resolution is offered in the most heart- here are examples of everything that is members, including those at the table felt and sincere way. These last 2 years good about the American political sys- in front of us. They are so efficient. have been very difficult. There have tem—Senators DASCHLE and LOTT. They are so informed. They save us been times when it has tested all of us. The PRESIDING OFFICER. Is there many times from ourselves. They are But no one has been more tested than further debate on the resolution? here early. They are here late. And, of the majority leader. No one has been Without objection, the resolution is course, all of the clerks, the Parlia- called upon to lead in more arduous agreed to. mentarians, and the representatives circumstances, on more occasions, The resolution (S. Res. 391) was who are here do a magnificent job. We than the majority leader. And as he agreed to, as follows: do not always say we appreciate it has just noted, there have been times S. RES. 391 enough, but we do. We could not make when we have had our differences. But Resolved, That the thanks of the Senate are it without them. I have always admired him for his re- hereby tendered to the distinguished Major- This resolution is the very least we markable ability to put aside those dif- ity Leader, the Senator from Mississippi, the Honorable Trent Lott, for his exemplary could do to say we appreciate them. ferences, to come to my office, to in- leadership and the cooperative and dedicated Mr. DASCHLE addressed the Chair. vite me to his, to talk in the most affa- manner in which he has performed his lead- The PRESIDING OFFICER. The ble and personal way when the day is ership responsibilities in the conduct of Sen- Democratic leader. done. I admire that and many other of ate business during the second session of the Mr. DASCHLE. Mr. President, again, his remarkable talents. We are fortu- 106th Congress. I want to identify myself with the re- nate to have his leadership. We are for- Mr. LOTT. I appreciate very much marks of the majority leader. These tunate to have his service to this coun- the kind remarks of Senator DASCHLE staff are the best there could be. I try. And I am fortunate to have his and also our good friend, Senator REID thank them, on behalf of the entire friendship. of Nevada. He has been very generous, Senate, for their hard work, for their So I congratulate him on his success- and we appreciate it. He makes our professionalism, for the level of com- ful tenure as majority leader. And as jobs easier. Sometimes when we are mitment they make each and every he noted, our times in the future will out there having meetings or taking time they come to work. I thank them become even more arduous, even more incoming shots from various places, in for what they do. There are so many tested. I look forward to taking on a quiet, humble, self-effacing, diligent ways we ought to stop throughout the those challenges with the same degree way, HARRY REID is out there finding a year and express ourselves in as heart- of enthusiasm, the same degree of will- solution. I sincerely appreciate the felt a way as we can, but at least now ingness, to work in a partnership that work he has given us and the entire in- at the end of this Congress, we ought to I hope we can continually demonstrate. stitution over the last year. I enjoy say—with an exclamation point—thank So I thank him. I wish him well and working with him very much. you. look forward to our service together in I am very proud, too, while we have Thank you for what you do. Thank the next 2 years. big States, very important States, the you for who you are. Thank you for Mr. REID. Mr. President, the Amer- little States of Nevada, Mississippi, what you give each and every day. ican public, the people from South Da- and South Dakota are hanging in Mr. REID addressed the Chair. kota, the people from Mississippi, do there. We are glad to be able to fill The PRESIDING OFFICER. The Sen- not know how hard these two men these positions of responsibility. ator from Nevada. S11854 CONGRESSIONAL RECORD — SENATE December 15, 2000 Mr. REID. Mr. President, I ask unan- o’clock this morning, and I know he as late as 3:30 last night and as early as imous consent that I be added as a co- was back at the office today at 6:30. I 6:30 this morning. We know because of sponsor to each of these resolutions talked to him sometime between 6:30 a very intense debate we had within that have just been offered: S. Res. 388, and 8 o’clock this morning. The amaz- our caucus. It would not have happened S. Res. 389, S. Res. 390, S. Res. 391, and ing thing was he was sweet and charm- without his leadership. It would not S. Res. 392. ing and pleasant. have happened without his persistence The PRESIDING OFFICER. Without Is this the deed? Is this what we have and the work of his staff—and the staff objection, it is so ordered. The Senator here? whom both the majority leader and I from Nevada will be added as a cospon- Mr. MOYNIHAN. I dare not ask a have been fortunate to have serve with sor to the resolutions. World War II pilot veteran to lift this us as we have attempted to put this Mr. LOTT. Mr. President, those are or the rules on ergonomics might be package together. all of the resolutions we have at this contradicted. I congratulate him. I thank him. I time. But I congratulate you, sir. also congratulate the people of Alaska I know the distinguished Senator Mr. LOTT. It probably violates the for the kind of representation they from Alaska, the chairman of the Ap- rules of ergonomics, I would like to sent to Washington in the person of propriations Committee, will probably say, if that is the package. . have some remarks about the bill we Finally, all of us learned in the last I yield the floor. have been working on for so long now. 2 days more than we ever wanted to We have a few other items. know about the Steller sea lion. What Mr. LOTT. I yield the floor. f is it, and what are they? Whatever they The PRESIDING OFFICER. The Sen- are, I am sure they are beautiful, and I ator from Alaska. CONGRATULATING SENATOR know they appreciate the effort of the Mr. STEVENS. Mr. President, I know STEVENS AND SENATOR BYRD Senator from Alaska. I know about others are going to take the floor. Mr. LOTT. Mr. President, let me take 10,000 Alaskans appreciate the fact that While the two leaders are here, I this occasion to thank the distin- their jobs will not be wiped out almost thank each of them for their com- guished chairman of the Appropria- instantly. ments. Nothing is done in the Senate tions Committee and, in his absence, The administration was very tough, without the concurrence of the leader- Senator BYRD for his cooperation with but they were protecting the Endan- ship. I know full well the help they Senator STEVENS. They work together gered Species Act. I don’t know quite have given us in the past days and as a team every day. They do an in- how Senator STEVENS found common weeks which led to the final solution. I credible job. They have one of the ground. But he did. Thank goodness for will be speaking about that later. toughest jobs in the Congress. all of the persistence. He is affection- I thank the Senator from Mississippi I have been working in budget proc- ately known as ‘‘The Tasmanian and also my friend, the Senator from esses now directly for I guess about 20 Devil.’’ But today he did this job with- South Dakota, for their help and for years. When I was in the House as the out his Tasmanian necktie. the sincere comments they made whip, I sometimes reluctantly became While we get very testy with each today. They are very welcome, as far as a participant in those budget renegoti- other sometimes, we still really appre- I am concerned, and I am humbled by ations. They were never easy. But I ciate the work that is done. them. I thank them very much. don’t think I have ever seen more fire, Senator STEVENS, congratulations, lightning, and thunder than we had on and I look forward to someday being I yield the floor. this bill, when you compare it to bills able to know all that is in the bill. The PRESIDING OFFICER. The Sen- of the past that were relatively small The PRESIDING OFFICER (Mr. ator from Florida. in size and various parts. ABRAHAM). The Democratic leader. Mr. GRAHAM. Mr. President, I ap- It was very tough. Everything was Mr. DASCHLE. Mr. President, this preciate the positive remarks that fought over so aggressively. Things will be the last time, because I know have just been made about our leader- didn’t get in, such as Amtrak, and others want to speak. ship and those who have supported things got in, such as Medicare adjust- I, too, want to congratulate the them throughout these difficult 2 ments. But we found a way to make it chairman and ranking member. This years, and look forward at an appro- happen. We found it very hard to let has been a really difficult experience. priate time to hearing the comments of go. But the Senator from Alaska hung He knows it. No one knows it better the chairman of the Appropriations in there. I know he was working at 2 than he because he had to experience it Committee on this legislation.

N O T I C E Incomplete record of Senate proceedings. Today’s Senate proceedings will be continued in the next issue of the Record.